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This article explores institutional alternatives for balancing the competing trade and non-trade concerns at the national and global levels in relation to the recognition and enforcement of judgments. It argues against a private international law convention of the kind that is currently being negotiated at the Hague Conference on Private International Law, and against quasi-constitutional and constitutional solutions, such as those employed by the European Union and the United States. Rather, the article argues that managing the tensions between trade and non-trade values and between state autonomy and globally established standards can best be achieved through a supplementary agreement in the World Trade Organization (WTO).

AbstractThe Responsibility to Protect (R2P) invokes one of the most powerful moral and legal terms in contemporary international politics – namely, responsibility. The nature of the relationship between R2P and international law and morality, however, remains contested, giving rise to questions lying at the core of R2P's normative foundations. What is the source of R2P? To whom is this responsibility attributable, and under what circumstances? Does R2P give rise to legal obligations? Such questions challenge International Relations (IR) theorists to look beyond their discipline for more insightful tools and methods of analysis. In this article, we apply a broadened theoretical framework to explain the ongoing controversy about R2P. In Part II, we borrow tools from moral philosophy to identify the source and the bearer of the responsibility to protect in today's international society. In Part III, we draw on international legal scholarship to analyse whether R2P has emerged as a 'new' norm of customary international law. We find that international endorsement of R2P has helped to clarify existing obligations in international law, but that intrinsic ambiguities in its articulation currently limit R2P's capacity to entrench new obligations for states to protect strangers. At the same time, our finding that R2P is an example of 'soft law' leads us to conclude that R2P can nonetheless exert significant influence on how states interpret their legal obligations and, in the coming decade, it may also help catalyse diplomatic efforts to reform the international architecture for preventing and responding to mass atrocities.

Die vorliegende Arbeit behandelt die Frage nach einer einheitlichen Auslegung gleichlautender Begriffe in den verwandten, europäischen Verordnungen Rom I, Rom II und Brüssel I. Der Erlass zahlreicher Verordnungen zum Zuständigkeits- und Kollisionsrecht in den letzten Jahren verdeutlicht, dass das Unionsrecht in diesem Bereich zunehmend ein eigenständiges System bildet. Aus dem Systemgedanken folgt der Grundsatz, Widersprüche innerhalb der europäischen Rechtsordnung zu vermeiden, indem Wertungsparallelen bei verwandten Rechtsakten beachtet werden. Je enger Unionsrechtsakte in ihren Wertungen verwandt sind, desto mehr ist eine einheitliche Auslegung geboten. Für die einheitliche Auslegung der Rom I-, Rom II- und Brüssel I-VO sprechen die übereinstimmende Zielsetzung der Verordnungen, die Auslegungsgebote in den Erwägungsgründen der Verordnungen und ihre Strukturgleichheit. Der EuGH hat sich in aktuellen Urteilen ebenfalls für eine einheitliche Auslegung der Verordnungen ausgesprochen

Intro -- Acknowledgments -- Abstract -- Zusammenfassung -- Table of Contents -- Abbreviations -- Introduction -- Chapter 1 The Definition of Gender Discrimination according to International Human Rights Treaties: Historical Introduction -- A. The Right to Equality in International Human Rights Law -- A.1 General Overview of Fundamental Human Rights -- A.2 The Right to Equality and Non-Discrimination -- A.2.1 The Concept of Equality and Discrimination -- A.2.2 The Structure of Equality and Non-Discrimination -- A.2.3 The Sources of Equality and Non-Discrimination in International Law -- A.3 The Principle of Equality and Non-Discrimination in Practice -- B. Gender Discrimination in International Human Rights Treaties -- B.1 Universal Declaration of Human Rights (UDHR) -- B.1.1 The Nature of Articles Based on Equality and Non-Discrimination -- B.1.2 The Status of the UDHR -- B.2 International Covenant on Civil and Political Rights (ICCPR) -- B.2.1 Article 2 (1): General Principle of Equality and Non-Discrimination-Accessory Character -- B.2.2 Article 3: Discrimination Based on Gender- Accessory Character -- B.2.3 Article 26: Right to Equality before the Law and Right of Non-Discrimination- Freestanding Character -- B.3 International Covenant on Economic, Social and Cultural Rights (ICESCR) -- B.3.1 Article 2 (2): The General Principle of Equality and Non-Discrimination - Accessory Character -- B.3.2 Article 3: Non-Discrimination Based on Gender- Accessory Character -- B.4 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) -- B.4.1 Short History of CEDAW -- B.4.2 The Purpose and Structure of CEDAW -- B.4.3 The Concept of Equality and Discrimination -- B.5 Conclusion -- Chapter 2 Potential Violations of Gender Equality Based on Religion -- A. Gender Discrimination to Participation in Public Decision-Making Processes.

This thesis seeks to analyze the international community's conflict management capabilities through its response to the Darfur crisis. Primarily, it aims to show through the lens of the Darfur crisis, which is widely accepted as the first genocide of the twenty-first century, that the international community has yet to develop a framework to collectively intervene in and resolve crimes against humanity. Additionally, this thesis will show the international community's recognition of their shortcomings through the gradual transformation of policies undertaken by several of its leading entities in response to the crisis. The research will pinpoint several major factors behind the lack of a unified global community acting in Darfur, such as geopolitical fragility between major international organizations, fragmentation caused by wars in Iraq and Afghanistan as well as the global War on Terror which occurred concurrently with the genocide in Darfur, and the underlying political and economic alliances that many major countries including the United States and China, enjoy with the Government of Sudan. The work will focus specifically on the United States, the United Nations, the European Union, and the African Union, analyzing the actions of each respective group in facilitating an end to the Darfur conflict. Ultimately, this thesis will use the research to conclude that the international community was willing to accept the Darfur genocide, with its death toll nearing four-hundred thousand and well over two million internally displaced peoples, in order to advance their respective global interests and preserve the status quo of global affairs in the early twenty-first century. ; 2010-08-01 ; M.A. ; Arts and Humanities, Department of History ; Masters ; This record was generated from author submitted information.

The article considers the concept of international relations proposed 30 years ago by the famous historian and political analyst Paul Kennedy. The purpose of the article. The author of the article tried to find out how relevant its key provisions are for understanding both the history and the current state of international relations. Methodology: retrospective analysis. Conclusions. P. Kennedy traced and explained how the various Great Powers have risen and fallen, relative to each other, over the five centuries since the formation of the "new monarchies" of Western Europe and the beginnings of the transoceanic, global system of states and to the end of the twentieth century. He analyzed in great detail the character and main tendencies of international relations for the last five centuries. Such analysis allowed him to identify the factors that determine the internal logic and content of international relations in the stated period, first of all the economic changes and military conflicts. According to P. Kennedy, the present large actors in the international system are thus compelled to grapple with the twin challenges which have confronted all their predecessors: first, with the uneven pattern of economic growth, which causes some of them to become wealthier (and, usually, stronger), relative to others; and second, with the competitive and occasionally dangerous scene abroad, which forces them to choose between a more immediate military security and a longer-term economic security. So, the concept of P. Kennedy helps not only to a deeper understanding of the historical process in the Modern Age, but also offers methodological tools based on historical analysis to predict – to a certain extent – the tendencies of future international development.