Der Autor setzt sich in seinem Beitrag mit Formen der Internationalisierung der Bildungspolitik auseinander. Vor dem Hintergrund der derzeit dominierenden Diskurse in der Erziehungswissenschaft - Bildungsgovernance und Leistungsfähigkeit von Schulen - und im Lichte der 'postnationalen Konstellation' sowie der Rolle von internationalen Organisationen darin, wird der Vorschlag gemacht, diese - im Entstehen begriffene - Struktur als ein internationales Bildungsregime im politikwissenschaftlichen Sinne zu erfassen und es als solches zu untersuchen. Der Autor argumentiert, dass während in der Globalisierungsforschung über die Implikationen der 'globalisierenden' Einflüsse auf die Nationalstaaten nachgedacht wird, es an theoretischen Überlegungen zum emergenten Feld der 'Internationalen Bildungspolitik' fehlt. (DIPF/Orig.) ; This article considers the currently dominating discourses within educational sciences - governance of education and performance of schools - from the perspective of a 'post-national constellation' (Habermas, 1998) and discusses the role of international organizations within it. Utilizing the political science theory of international regimes is suggested to better apprehend this new structure and to assume that an 'international education regime' is on the rise. While research on 'globalization' already focuses on the globalizing influences upon the nation-states, the emerging field of 'international education policy' remains undertheorized. It is now necessary to look for theoretical instruments with which to analyze this field. It can be currently observed that universal categories are being used for the implementation of very specific (education) policies. (DIPF/Orig.)
It is contended that certain nations' and international organizations' inconsistent adherence to United Nations Security Council resolutions possesses deleterious consequences for existing international law and order. The US is strongly critiqued for invoking various Security Council resolutions to defend the US-led attacks against Iraq; indeed, several difficulties with the US's interpretation of Security Council resolutions and the United Nations Charter are highlighted. The question of whether the absence of Security Council support for the US-led attacks against Iraq illuminates the body's incapacity to promote security or exemplifies its position on the attacks is then considered. Attention is subsequently directed toward exploring the North Atlantic Treaty Organization's and the US-led coalition's contention that developments that require humanitarian intervention or pre-emptive self-defense should override Security Council resolutions and United Nations Charter; it is asserted that such situations require international attention but that international law should not be abandoned in addressing humanitarian crises or justifying self-defense. Consequently, the formation and observance of universally accepted international law are stressed.
Effective migration partnerships with third countries are a declared goal of the European Union. But views diverge on what good migration cooperation looks like. Using carrots and sticks, also known as conditionality, is a controversial strategy to reach the EU's migration goals. Politicians and experts either frame it as necessary and legitimate, or as post-colonial and counterproductive. Whether one supports conditionality or not, positive and negative incentives have shaped the different types of migration agreements the EU and its Member States have struck in the last decade. Some are formal agreements binding under international law, but most are soft law or handshake deals. They may cover just one specific issue within migration policy, or tie migration to other policy areas. Some are public, others confidential. All these agreements reflect the interests and the leverage which the EU, Member States, and partner countries bring to the table. The three most discussed levers the EU uses to nudge partner countries toward joint migration management are visas, development aid, and trade - the holy trinity of migration conditionality. But the exclusive focus on these three levers is artificial. Europe also uses other levers, such as police or military cooperation and training, diplomatic attention and high level visits, legal migration opportunities, and others. When these levers are used, they generate three kinds of effects: the conclusion of an agreement, common document, or statement (paper), procedural or technical changes (process), and migratory movements (people). But they also bring unintended side effects, such as backlash from the citizens of third countries, or the phenomenon of reverse conditionality, when a third country reacts to threats by reducing border patrols or by supporting irregular onward migration. Lever use of one EU country can also worsen the migration relationship of its EU neighbors with that third country. Despite these high stakes, Europe uses conditionality remarkably inconsistently. Its strategy to create coordination mechanisms to make Member States' approaches more coherent is hobbled by entrenched realities: The cost of coordination is often disproportionate to its benefits, and turf demarcation hinders cooperation. Thus, the chase for coherent conditionality usage in the EU is at best an uphill battle and at worst a delusion. This report puts forward five recommendations to improve Europe's migration conditionality use and debate in the future. It draws on case studies that trace the EU's use of incentives and threats toward Bangladesh, The Gambia, Afghanistan, Iraq, and Nigeria, and distills lessons from them. 1. Stop using conditionality as a rhetorical tool and start using it as a practical tool that has legitimate yet limited use. Politicians and experts alike should work to make the debate on conditionality less ideological and more pragmatic. Concretely, opponents of conditionality should acknowledge that applying carrots and sticks can indeed be effective and legitimate, while proponents of conditionality should acknowledge that it only works in specific cases, and that large-scale replicability of successful cases is unlikely. Rejecting or embracing conditionality categorically, as happens so often, prevents a meaningful and nuanced debate on incentives in migration cooperation. 2. If you use conditionality, use it smartly. Policymakers should go through a checklist to use conditionality more effectively and credibly in the future. They should avoid path dependency and use of a lever just because it is there or has worked elsewhere, and instead find the levers a country is most receptive to. They should also adapt the timing and sequencing of their demands to the electoral calendar of the country they are engaging: the case studies show that elections and governmental changes are central determinants of countries' behaviors, perhaps more so than the EU's lever use itself. European policy-makers should also be more consistent in their demands. They should use threats more credibly, and negative levers consciously, not accidentally - as has happened in the past. 3. Make the visa lever fairer and more daunting. The EU should try and make its visa lever fairer by adapting the indicators that measure readmission cooperation, and by monitoring the effects of visa restrictions more systematically. To date, restrictions under Article 25a are not used on the countries that cooperate the least, but on countries that depend most on the EU and do not have a strong veto player friend among Member States. At the same time, the EU should try and make its visa restrictions more daunting. The EU could consider increasing wait times by introducing delays longer than the maximum 45 days, and it could critically review the current visa fee increase structure. Alternatively, Member States should improve the speed and efficiency of their visa delivery to increase the impact of restrictions. The current visa process is so cumbersome that the added hassle brought by visa restrictions has little impact on applicants. A better baseline would make visa restrictions more potent. 4. Let realism reign about development, trade, and legal pathways levers. Policy-makers should come to a more realistic assessment of the potential of the development, trade, and legal pathways levers, as expectations of these levers' powers are overblown. Less for less aid conditionality is hotly debated in theory, but rare and easy to buffer in practice. The trade lever formalization is uncertain, and even if it is formalized, it is unlikely that it will be used. Legal pathways are now in the spotlight, but ways to use them as a positive incentive have either been discarded (resettlement) or are underdeveloped (skill-based schemes). 5. Create alternatives to decrease dependency on conditionality. Europe should also go beyond conditionality and work to solve migration challenges with other or fewer external partners. European countries could piggyback on other countries' established relations with third countries on readmissions, which would allow them to use a path already carved instead of having to carve new paths from scratch. Also, European countries could decrease the urgency to strike migration agreements through internal improvements, such as fixing dysfunctions in their national systems of migration, return, and visa processing, and decreasing their population of irregular migrants through alternative efforts like regularizations. They can also change their strategies at home to improve EU coordination, for instance when they sidestep the go-to solution of yet another coordination format, and instead bring in third-party moderators to create incentives for positive coordination. Migration conditionality, like it or not, is here to stay. The EU will keep expanding its conditionality toolbox. But if it wants this toolbox to be more effective, coherent, and credible, it needs to use it more smartly and selectively than in the past. The use of carrots and sticks will continue. But it will hopefully be driven by more facts and fewer delusions.
From pre-historic to modern times, whales remain an exploitable resource, though in recent decades the controversy surrounding whaling has yielded economical, political, and social "double-standards" on a domestic and global scale. Through reading anti-whaling and international organization statements, government documents, and statistical data, this paper examines the history of three countries—Japan, Norway, and the U.S.—to compare the "double-standards" presented against Japan. Conflicts arise as a result of Japan's choice to whale seen through its conflicts with anti-whaling organizations, international organizations, and other countries. Additionally, this paper compares whaling with certain western food practices, including foie gras and veal, to demonstrate how Orientalism affects the practices of those controversies.
Die 7., umfassend neu bearbeitete, hochaktuelle Auflage des Lehrbuchs stellt das gesamte Völkerrecht dar, einschließlich der Bezüge zum Verfassungs- und Europarecht. Behandelt werden neben den Grundlagen (Entwicklung; Rechtsquellen; Völkerrechtsubjekte) die Menschenrechte, das Recht der Internationalen Organisationen, das der Staatenverantwortlichkeit, der Umwelt und der Wirtschaft sowie das humanitäre Völkerrecht.
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"Durchsetzung und der Schutz der Menschenrechte sind eine zentrale Aufgabe deutscher Außenpolitik. Der Beitrag legt dar, wer die deutsche Menschenrechtsaußenpolitik gestaltet und welchen Beitrag Deutschland zum Ausbau des internationalen Menschenrechtsschutzes leistet." (Autorenreferat)
In: International law reports, Band 186, S. 502-530
ISSN: 2633-707X
Treaties — Interpretation — United Nations Convention Relating to the Status of Refugees, 1951 — Article 1F(a) — Refugee protection status — Whether exclusion from definition of refugee under Article 1F(a) on basis of complicity in international crimesInternational criminal law — International crimes — Crimes against humanity — Individual criminal liability for complicity — Complicity in international crimes committed by a government — Contribution-based test to complicity — Voluntary, significant and knowing contribution to international crimes committed by a government — Complicity by association or passive acquiescenceSources of international law — Rome Statute of the International Criminal Court, 1998 — Article 25(3)(d) on common purpose liability — Ad hoc tribunals' jurisprudence on joint criminal enterprise — Whether these modes of commission of international crimes also capturing complicity by association, rank or passive acquiescence — Nexus requirement between individual's conduct and group's criminal activityRelationship of international law and municipal law — Approach taken by other State Parties to concept of complicity — Whether Canadian approach needing rearticulation — Interpretation of Article 1F(a) of United Nations Convention Relating to the Status of Refugees, 1951 excluding complicity by association or passive acquiescence — The law of Canada
68Human rights — Detention — Detention pending trial — Whether presumption in favour of liberty pending trial — Whether applicable to defendant facing trial by international tribunal — House arrestInternational criminal law — Pre-trial procedures — Detention pending trial — International Criminal Tribunal for the Former Yugoslavia — Rules of Procedure, Rules 64 and 65 — Application for provisional release — Application 69for relaxation of detention conditions — Detention outside United Nations Detention Unit — Preconditions — Requirements to be observed by defendant — Concept of house arrest in domestic legal systemsInternational organizations — United Nations — Security Council — Legally binding resolution — Security Council Resolution 827 (1993) — Obligation upon States to cooperate with International Criminal Tribunal for the Former Yugoslavia — Nature and extent of obligationRelationship of international law and municipal law — Conflict between international law and municipal law obligations — Principle that State cannot rely upon municipal law to relieve it of its international obligations — Duty of international judge — Obligations imposed by Security Council requiring States to take all necessary measures in municipal law — Obligation of conduct — Requirement to cooperate with International Criminal Tribunal for the Former Yugoslavia
In: International law reports, Band 99, S. 373-394
ISSN: 2633-707X
Treaties — Power to conclude — European Economic Community — Treaty-making powers of the Community and its Member States — Community possessing power to adopt internal legislation on subject — Parallel power to conclude international agreements — Whether exclusive of powers of Member States — International Labour Organization agreements — Right of Community to participate in these agreements — Health and safety at work — Whether a matter of exclusive Community competence — Express and implied powers to conclude agreements — Mixed agreementsInternational organizations — International Labour Organization — Participation of European Economic Community in work of the Organization — Community an observer at ILO — Whether Community entitled to become party to ILO conventions — Community decision on procedure to be followed by Member States of Community in the negotiation of ILO conventionsRelationship of international law and municipal law — Treaties — Relationship of European Community law and international law — Capacity of Community to conclude international agreement — Assessment by Court of Justice of the European Communities — Capacity as a matter of Community law distinct from capacity under international law or under constitution of international organization — The law of the European Economic Community
Part I Revealing India's Impacts -- 1 New Geopolitical Landscape and Resource Security -- 2 India's Look East and Act East Policies from a Historical and Contemporary Perspectives -- 3 The Role of India in South Asia's Economic Development -- 4 Financial Stability of Microfinance Institutions in the Post Global Financial Crisis: A Case of South Asia -- 5 India and Southeast Asia Relations: Evolution, Challenges and Recent Developments -- 6 India's Vaccine Diplomacy: Implications for Regional Connectivity and Global Security -- Part II Reinforcing Japan-Myanmar Relations -- 7 Japan-Myanmar Relations in Democratising Development: Disordered Army State to a Hybrid Democracy -- 8 Patterns of Myanmar's Foreign Policy: The Case of Omni-balancing in Changing Environment -- 9 Japan's Mekong Policy and Myanmar: Complementing a Viable Strategic Partnership -- 10 Patterns of Japanese Development Assistance for Social Transformation in Reform-Era Myanmar -- 11 Promoting Human Security by Japanese NGOs: Filling the void in G-to-G Assistance in Myanmar -- 12 Strengthening Press Freedom in Myanmar from Japan's Perspective -- 13 The Post-2020 Election Democratic Consolidation in Myanmar: Possibilities, Challenges and Collaborations -- Part III Reviewing ASEAN Centrality -- 14 ASEAN Centrality and Outlook on Indo-Pacific: The Origin, Adjustment and Opportunity -- 15 Japan's Relations with ASEAN Post-COVID19: Navigating the New Cold War -- 16 China's Role of Trade and Investment in CLMV: Cross the Mekong River by First Touching the Stone -- 17 Energy Transition in Thailand and Southeast Asia through China's Energy Diplomacy -- 18 India's Commitment to ASEAN and the China Conundrum -- 19 The Triangle of Connectivity: The India-Myanmar-Japan Relations and Changing Currents in ASEAN. .
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Brasil : política exterior, BRICS y su impacto en la región / Raúl Bernal-Meza --. - La política exterior de Brasil hacia América Latina : del regionalismo abierto al continental / Lincoln Bizzozero Revelez --. - Brasil desde la mirada Argentina : el activismo internacional brasileño en los ámbitos multilaterales / Clarisa Giaccaglia --. - La política de Brasil para la integración en América Latina / Maria Izabel Mallmann --. - La estrategia brasileña de política exterior a partir de 2003 / Steen Fryba Christensen --. - Principales variables para el estudio de las relaciones entre Brasil y China / Eduardo Daniel Oviedo --. - México y Brasil por un nuevo entendimiento / Cassio Luiselli Fernández --. - Brasil y Venezuela : creciente interdependencia económica, políticas exeriores diversas / Jose Briceño Ruiz, Oscar Eduardo Fernández-Guillén --. - La proyección del pensamiento de Josué de Castro en el Brasil del siglo XXI : una aproximación a geopolítica del hambre / Isabel Clemente Batalla