An International Financial Transactions Tax for International Public Goods
Providing and financing international public goods to cope with the global challenges in a fractured global order will require bold and innovative approaches.
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Providing and financing international public goods to cope with the global challenges in a fractured global order will require bold and innovative approaches.
SWP
It has never been clear, however, which circumstances of negotiation and conclusion of international agreements contribute to new rules of customary law. The issues can be appreciated if one goes beyond generalities and explores the relationship of specific agreements to customary law. Such an examination has been facilitated by the American Law Institute's Restatement of the Foreign Relations Law of the United States (Revised) which contains a contemporary review of a wide range of public and private international law topics. This Restatement represents the views of some of the best international law experts of the United States and abroad. It is also an extremely important contribution to the law in its own right. For these reasons, this article will use the Restatement as a starting point for examination of the function served by international agreements in the development of customary law. This examination shows the difficulties that are presented when international agreements are so used. It may be possible, however, to identify some factors which would help to distinguish those agreements which may appropriately give rise to customary international law and those which may not.
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In: Internationale Politik und Gesellschaft: IPG = International politics and society, Heft 2, S. 179-181
ISSN: 0945-2419
In: Monthly review: an independent socialist magazine, Band 29, Heft 10, S. 15-35
ISSN: 0027-0520
World Affairs Online
In: Entwicklung und Zusammenarbeit: E + Z, Band 38, Heft 9, S. 220-236
ISSN: 0721-2178
World Affairs Online
"This book tracks the phenomenon of international corporate personhood (ICP) in international law and explores a number of legal issues raised in its wake. It sketches a theory of the ICP and encourages engagement with its amorphous legal through reimagination of international law beyond the State, in service to humanity. The book offers two primary contributions, one descriptive and one normative. The descriptive section of the book sketches a history of the emergence of the ICP and discusses existing analogical approaches to theorizing the corporation in international law. It then turns to an analysis of the primary judicial decisions and international legal instruments that animate internationally a concept that began in US domestic law. The descriptive section concludes with a list of twenty-two judge-made and text-made rights and privileges presently available to the ICP that are not available to other international legal personalities; these are later categorized into 'active' and 'passive' rights. The normative section of the book begins the shift from what is to what ought to be by sketching a theory of the ICP that-unlike existing attempts to place the corporation in international legal theory-does not rely on analogical reasoning. Rather, it adopts the Jessupian emphasis on 'human problems' and encourages pragmatic, solution-oriented legal analysis and interpretation, especially in arbitral tribunals and international courts where legal reasoning is frequently borrowed from domestic law and international treaty regimes. It suggests that ICPs should have 'passive' or procedural rights that cater to problems that can be characterized as 'universal' but that international law should avoid universalizing 'active' or substantive rights which ICPs can shape through agency. The book concludes by identifying new trajectories in law relevant to the future and evolution of the ICP. This book will be most useful to students and practitioners of international law, but provides riveting material for anyone interested in understanding the phenomenon of international corporate personhood or the international law surrounding corporations more generally"--
In: Internationale Politik: das Magazin für globales Denken, Band 62, Heft 7-8, S. 8-20
ISSN: 1430-175X
One of the most unsettling political developments of the present has been the erosion of the international order. It is a slow, in the background happening process that will bring dramatic changes to international politics. So far, the threat to the international order is not yet ubiquitous; it only affects the area of security order. However, it is feared that it will spread to other areas. A look at the whole global multilateral cooperation shows that the effectiveness of open multilateralism is questioned abroad as well as in Germany. the Global Order Structures. The Disagreements Threatened the Whole System. Adapted from the source document.
In: Perspectives internationales 21
In: Internationale Straeder 1
In: International affairs, Band 32, Heft 4, S. 483-483
ISSN: 1468-2346
In: Finanz und Steuern Band 14
In: Journal of the Royal Institute of International Affairs, Band 6, Heft 5, S. 326