Suchergebnisse

The article seeks to explain the emergence of the European Union (EU)'s international investment policy since the 1980s. The article develops two competing explanations. It evaluates whether the Commission acted as policy entrepreneur to consolidate the EU's role in international investment policy or whether European business lobbied for the 'brusselization' of international investment policy making to ensure access to ambitious state-of-the-art international investment agreements. The article traces the EU's involvement in international investment policy through history. It examines policy-making instances, which shaped the EU's de facto competences in international investment negotiations and its legal competences under European law. It finds that Commission entrepreneurship promoted the EU's involvement in international investment negotiations and ultimately ensured due to the procedural particularities of the Convention on the Future of Europe the extension of the EU's legal competences. European business and the Member States did not promote the emergence of the EU's international investment policy.

The significance of poverty consequences in contemporary social system and the role of economic development in consolidating the basis of international peace and security led to conduct a research on factors affecting the establishment of development. The question - on the one hand–is that: what's the role of International law in economic development and -on the other hand- what's the relationship between observance of regulations of international law by governments and their economic development? Based on the theory of the formation of international law mechanisms derived from it must reflect Humanity's collective demands and in concrete manifestation must found norms that ensure and deepen human rights in the International scope. However, since the governments are considered the first and the most important subject of international law, the achievements obtained by international law cannot be apart from the governments actions, so that national sovereignties normativism and observance of regulations of international law- in line with multiple characteristics necessary for achieving economic development- are pivotal factors in the economic development.

International organizations — Personality — Legal personality of organization before courts of non-member States — Immunity — Jurisdictional immunity and immunity from execution — Legal basis for right of international organizations to invoke immunity — Whether requiring international agreement to which forum State is a party — Whether regional international organizations enjoying "objective international personality" binding on third States — Economic Community of West African States ("ECOWAS") — Deposit of funds with Bank of Credit and Commerce International — National authorities putting Bank into liquidation and freezing accounts — Whether constituting measure of execution against international organization — 473Claim for repayment of funds by ECOWAS — Whether constituting waiver of immunity — The law of France

Tackles diverse issues, such as universal coverage, social dialogue, poverty reduction through adequate health protection, etc., and gives examples of experiences from Africa, Asia, and Latin America. Contains two ILO contributions: Assane Diop, "ILO's Decent Work Agenda - Goal for a fair globalisation", and an abridged version of "Impact of social health protection on access to health care, health expenditure and impoverishment - a comparative analysis of three African countries" by Xenia Scheil-Adlung et al. Includes the "Berlin recommendations for action", emanating from the Conference, as well as biographical notes of the speakers, and a webliography

Examines the Canada-US dispute over softwood lumber in the context of US priorities for the development of international multilateral trade rules; ie, this conflict is viewed as a relevant test case for the development of US & international subsidy provisions. Four phases in the progression of the dispute are identified as Softwood Lumber I, II, III, & IV. Softwood Lumber I & II are discussed in conjunction with the Free Trade Agreement (FTA) before discussing Softwood Lumber III with the Canadian termination of the Memorandum of Understanding & the FTA dispute panel. The Canada-US Softwood Agreement, 1996-2001, is next scrutinized beside the US implementation of legislation resulting from the Uruguay Round. Attention turns to Softwood Lumber IV & the adjudication process before the World Trade Organization (WTO) & under NAFTA. Conclusions center on how the softwood lumber dispute lies at the root of US & WTO subsidy provisions. J. Zendejas

By canvassing a range of international scientific disputes, including the EC-Biotech and EC-Hormones disputes in the WTO, the case concerning Pulp Mills and the Gabcíkovo–Nagymaros case in the International Court of Justice, and the Mox Plant and Land Reclamation cases dealt with under the United Nations Convention on the Law of the Sea, Caroline Foster examines how the precautionary principle can be accommodated within the rules about proof and evidence and advises on the boundary emerging between the roles of experts and tribunals. A new form of reassessment proceedings for use in exceptional cases is proposed. Breaking new ground, this book seeks to advance international adjudicatory practice by contextualising developments in the taking of expert evidence and analysing the justification of and potential techniques for a precautionary reversal of the burden of proof, as well as methods for dealing with important scientific discoveries subsequent to judgements and awards.

Fair labelling as a common legal principle in criminal law -- Fair labelling and other criminal law principles and concepts -- Fair labelling and the codification of gender-based crimes in the statutory laws of the international criminal tribunals -- Prosecution of gender-based crimes and feminist legal literature -- The dilemma of prosecuting gender-based crimes at the international criminal tribunals -- Conclusion : looking to the future

PurposeThe purpose of this paper is to examine the historical origins of the international goal for rich countries to devote 0.7 per cent of gross national income (GNI) to aid, in order to assess its present relevance.Design/methodology/approachThe paper reviews all the original documents, interviews decision makers of that era, and uses their same essential method to estimate a new goal with today's data.FindingsFirst, the target was calculated using a model which, applied to today's data, yields ludicrous results. Second, no government ever agreed in a UN forum to actually reach 0.7 per cent – though many pledged to move toward it. Third, ODA/GNI per se does not constitute a meaningful metric for the adequacy of aid flows.Research limitations/implicationsAny further work on aid targets must be based on a country‐by‐country assessment of realistic funding opportunities.Practical implicationsThe 0.7 per cent goal has no modern academic basis, has failed as a lobbying tool, and should be abandoned.Originality/valueAnyone who studies or works on the ways that rich countries can assist the development process must confront the 0.7 per cent goal sooner or later. The paper shows for the first time that it arose from an economic model with no modern credibility, and that – contrary to conventional wisdom – none of the UN documents contains a promise to meet the goal.