Suchergebnisse

What is the impact on perceptions of legitimacy and efficacy when key stake-holders are absent during the creation of international standards? Can these international standards setting bodies adequately address the needs of all countries when often working in the absence of developing countries? This study examines the process through which one international environmental management standard (ISO 14001) was created and analyzes its perceived legitimacy and efficacy among developing country stakeholders relative to those from developed countries. Data for this project come from interviews with 42 delegates to the ISO 14000 standards-drafting sessions in Malaysia and 133 surveys of ISO 14001 certified firms in 16 countries. The article concludes that stakeholder absence impacts both legitimacy and efficacy of ISO 14001 in interesting and unexpected ways.

a. The authors investigate the idea of nondecisions regarding redistributive political agenda. They focus on an idea that the greater the likelihood that a policy would redistribute resources, the less likely that policy is to reach a group's agenda. Results of an experimental test of the idea, also involving legitimacy of the agenda-setting, were somewhat unclear. Self-interest of a gatekeeper was not the only source of actions, and overall, results were inconsistent with a purely self-interested explanation for behavior. ; This research was supported by NSF Grant No. SOC-7817434

The Statute of the Permanent Court of International Justice did not contain a clause regulating the procedure for its amendment. This was considered to be a "gap," an "unfortunate lacuna." This "gap" may or may not have been deliberate. It was certainly not a "genuine" gap. In spite of the absence of a provision on amendments, the law provided a clear though inconvenient answer to the question of how the Statute could be amended, namely, by unanimous consent of all parties to it. In 1928 proceedings for the introduction of some amendments were initiated. They were incorporated in a Protocol of Amendment in 1929. The difficulties which were encountered before the Protocol of Amendment entered into force in 1936 are now history and need not be dealt with here, the less so as they have been described in considerable detail in a recent book. The Protocol of Amendment did not remedy this defect of the original Statute. As Hudson has explained, this was due to the fact that the adhesion of the United States was proposed on condition that the Statute "shall not be amended without the consent of the United States." Such a position could hardly be accorded to the United States unless it were also maintained for the other states which were parties.

Intro -- INTERNATIONAL CRIMINAL COURT: OVERVIEW AND SELECTED LEGAL ISSUES -- INTERNATIONAL CRIMINAL COURT: OVERVIEW AND SELECTED LEGAL ISSUES -- Library of Congress Cataloging-in-Publication Data -- CONTENTS -- PREFACE -- Chapter 1: INTRODUCTION AND NEGOTIATING HISTORY -- Chapter 2: STRUCTURE OF THE ICC -- THE JUDGES OF THE ICC: THE PRESIDENCY AND TRIAL DIVISIONS -- PROSECUTOR -- REGISTRY -- ASSEMBLY OF STATES PARTIES -- Chapter 3: JURISDICTION -- SUBJECT MATTER JURISDICTION -- Genocide -- Crimes against Humanity -- War Crimes -- Aggression -- JURISDICTION OVER PERSONS -- TRIGGERING MECHANISMS -- ICC JURISDICTION OVER CITIZENS OF NON-PARTIES -- COMPLEMENTARITY AND OTHER CHALLENGES TO JURISDICTION -- Chapter 4: RULES OF PROCEDURE AND EVIDENCE -- THE RIGHT TO A JURY TRIAL -- THE PRESUMPTION OF INNOCENCE -- THE PRIVILEGE AGAINST COMPELLED SELF-INCRIMINATION -- THE RIGHT TO CONFRONT WITNESSES -- THE PROTECTION AGAINST DOUBLE JEOPARDY -- THE FREEDOM FROM UNREASONABLE SEARCHES AND SEIZURES -- THE RIGHT TO BE PRESENT AT TRIAL -- THE RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL -- THE RIGHT TO A SPEEDY AND PUBLIC TRIAL -- RIGHT TO APPEAL -- FREEDOM FROM INDEFINITE OR ARBITRARY DETENTION -- Chapter 5: IMPLICATIONS FOR THE UNITED STATES AS NON-MEMBER -- OBSERVER ROLE -- POLITICAL IMPLICATIONS -- Chapter 6: CONGRESSIONAL ACTION -- AMERICAN SERVICE MEMBERS' PROTECTION ACT OF 2001 -- THE AMERICAN SERVICE MEMBER AND CITIZEN PROTECTION ACT OF 2002 -- THE AMERICAN CITIZENS' PROTECTION AND WAR CRIMINAL PROSECUTION ACT OF 2001 -- INDEX.

It is commonplace to say that the Court has not lived up to the expectations expressed at its creation, although it could also be said that the governments in and out of the United Nations have not lived up to those expectations. In presenting the Statute of the Court to the Fourth Commission at the United Nations Conference on International Organization, the Rapporteur of its First Committee said that the Committee "ventures to foresee a significant role for the new Court in the international relations of the future." He went on to say: "The judicial process will have a central place in the plans of the United Nations for the settlement of international disputes by peaceful means."