Suchergebnisse

AbstractThis article explains the extent to which Indonesia has international obligations to comply with thenon-refoulementprinciple in the absence of ratification of the 1951 Refugee Convention. While Presidential Regulation No. 125 of 2016 concerning the Treatment of Refugees provides the general impression that Indonesia respects thenon-refoulementprinciple, there is no specific text within Indonesian law and policy that regulates the matter. This article argues that Indonesia is legally bound bynon-refoulementobligations under international human rights treaties to which it is a party, as well as under customary international law. It examines the extent of Indonesia'snon-refoulementobligations under the Convention Against Torture, the International Convention on Civil and Political Rights, the Convention on the Rights of the Child, and customary international law. It concludes that the Presidential Regulation was a missed opportunity for Indonesia to reinforce itsnon-refoulementobligations, as illustrated by the recent treatment of Rohingya asylum seekers near Aceh.

The dizzying scientific advances in the field of biology and biotechnology, which we are collectivelly refer to as synthetic biology, have defined new frontiers of knowledge. The latest stage in this process has been the rapid mastery of genome editing techniques, mainly CRISPR/Cas9 tools and systems. This study, from the perspective of international law, deals, on the one hand, with the implications of synthetic biology on human health, thus covering the bioethics and human rights perspective in relation to gene research and gene therapy; and, on the other hand, with the responses of international law to the challenges that gene editing and the development of modified gene drives present for biodiversity. In both dimensions, the weak existing international consensus and the profound interactions in a wide range of sectors of international law, with the presence of diverse international institutional mechanisms, are apparent, which is evidence of a multiple and complex normative crossroads.

The issue, international organization for the protection of the environment perhaps more than those in any other area of international law, is characterized by the contestation of the policies and aspirations of developing and industrialized countries. The discussions which preceded the 1972 Stockholm Conference concerned partly the type of international institutional arrangement required for addressing the environmental problems. As regards the institutional reforms with respect to international environmental governance (IEG), the main question is whether to focus on the existing global institution, i.e. UNEP, or to create a new functional international organization. After almost five decades of existence, turning UNEP into a 'specialized agency' within the UN system is a reasonable move. It would meet the long-felt need to elevate its status and equip it with the necessary competence and financial stability for the demanding task it should have as an efficient global environmental organization.

AbstractThis paper reports on the results of an expert survey to solicit views on what WTO members and the international trade community consider the most important attributes of the Director‐General of the WTO and the substantive policy and institutional reform priorities confronting the WTO. The results suggest strong support for a leader with managerial and political experience, and a professional network that spans international organizations, major capitals, and international business. Competence, political experience, a network that spans major capitals, international business and international organizations, knowledge of the WTO negotiating process and a background in economics are all characteristics that are ranked highly. Resolving the dispute settlement crisis is the highest priority for most respondents. There is broad agreement on the importance of addressing a range of negotiating topics and institutional reforms, but substantial variation in the rankings assigned by different groups of respondents to specific issues.

It has been nearly 50 years since the pioneering first global UN Conference on Human Environment was organized in Stockholm in 1972. After that, several global conferences took place over the last decades. Some of them have been praised for their contribution to shaping international environmental institutions and international treaties; others have passed almost unnoticed by the wider public. Yet, these global environmental conferences have cumulatively provided the foundations for the development of international environmental policies and the progressive development of law. In the light of ongoing environmental degradation in the 'Anthropocene,' the further development of environmental governance seems more important than ever. Hence, this chapter seeks to examine how this future pathway would look like as regards the technique of global environmental conferences have hitherto shaped the existing structures of international environmental governance. It surmises that the UNGA could be described as an anchor that merely maintains the status quo of international environmental law and policy.

The China Sea connects as many coastal states as it divides due to the economic and strategic challenges it represents. It also embodies an area of confrontations between the Great American and Chinese strategies. Identifying with precision the differences that arise requires an interest in the symbolic dimensions that surround them. This angle of analysis provides an opportunity to observe the functioning of international law and inevitably leads to a discussion of the emerging international order. The literature on the situation in the China Sea abounds. The paper's singularity is to approach it under the prism of international law as revealing the psychology of an actor. To carry out this research, the authors use a pragmatic and critical approach to international law. The thesis defended shows that, contrary to a positivist and judicial approach to international law, elements exogenous to the law, the history, and the psychology of an actor, influence the interpretation of existing norms.

AbstractSince the 1990s, emerging economies such as Brazil, India, and China have adopted transparency‐enhancing public procurement regulations in line with international norms. Yet they have hesitated to join the World Trade Organization's legally binding Government Procurement Agreement (GPA). Based on the Special Issue framework, this article scrutinizes the underlying domestic and international determinants, and how they influence emerging countries' positions in two overlapping international procurement regimes. In particular, reform‐oriented state actors, societal pressure, and lesson‐drawing from international templates have induced a strengthening of domestic procurement institutions and turned emerging countries into "promoters" of the international transparency regime. Conversely, the rising powers have remained, to varying degrees, reluctant "spoilers" of the GPA‐based market access regime in order to keep policy space and use procurement for domestic development objectives. The article suggests that this regulatory‐developmental layering of rule‐based governance and interventionist ambitions characterizes the variegated regulatory state in emerging countries.

ABSTRACT International Non Governmental Organization (INGO) is one of the subjects of discussion in International Relations. The International Union for Conservation of Nature (IUCN) as an Advisory Board collects natural sites that are nominated for World Heritage status, manages complementary sites, and contributes to supporting the implementation of World Heritage. One of the sites in the spotlight is the Belize Barrier Reef Reserve System (BBRRS), which is a natural site that has been designated as a World Heritage List in Danger since 2009. BBRRS was threatened by the increasing of activities in the tourism, fisheries and oil mining sectors. The IUCN as an Advisory Board during 2009-2018 had an important role in the process of erasing BBRRS from the List of World Heritage in Danger. This descriptive qualitative study uses the literature method to describe the role of international organizations in influencing the focus and decisions of international forums. Keywords: IUCN, World Heritage in Danger, Belize Barrier Reef Reserver System, Advisory Body

The international tax regime appears to be a weak system of global governance on the surface; however, I find that this system remains effective. This governance structure is built upon the thousands of tax treaties that function as policy instruments for advancing the implementation of global tax policy. Yet there is conflicting evidence in relation to the efficacy of these treaties, necessitating further exploration. In this article, I offer an accessible introduction to some of the key dynamics of the international tax regime and, in doing so, systematically address whether tax treaties may have the capacity to spur cross-border investment in securities. Using augmented gravity models, I find strong empirical evidence in favor of my theory that tax treaties function as credible commitments to international tax norms, potentially increasing portfolio holdings of some foreign securities. My findings should be of significant importance to scholars of international organizations, global governance, and international tax policy.

ABSTRACTUNCTAD was created in 1964 as a forum for strategic thinking about international trade and development issues and for identifying mutually beneficial opportunities for policy coordination and international cooperation with the participation of both developing and industrialized countries. The history of UNCTAD, with its successes and failures, therefore, is closely intertwined with the history of ideas on trade and development and the interplay of political power and ideological manipulation in international trade and development policy making. This article focuses on the intellectual traditions in economics which underpinned the formation of UNCTAD and examines the way in which such intellectual traditions have informed — both in method and substance — the subsequent thinking and research output by the institution and helped define its objectives. It compares UNCTAD's methods and research output on a number of international development issues with the positions taken by other international institutions. These findings are used to reflect on the ideological element in development economics thinking.

This article reflects on the concept of fear in theories of international relations and foreign policy. The text discusses the concepts of the phenomenon of fear and rational behavior emphasizing that the concept of fear, contrary to the concept of anarchy, has no emotional charge in the theory of international relations. Having surveyed the factor of emotions in the theory of international relations and foreign policy, the author suggests that the emotional meaningful charge be returned to the concept of fear. The study stresses that fear (if treated as an emotion) can also have a destructive function disrupting the international system and disturbing the international communication. The third part of the article is devoted to an analysis of the ideas of Lithuania's foreign policy. The study explores the idea of Lithuania as a regional leader. The writer claims that the idea was irrational because it was based on the factor of the emotion of fear.

A lasting legacy of the Nuremberg and Tokyo military tribunals is the assertion that individuals are subjects of international law and should be held criminally responsible for perpetrating war crimes and crimes against humanity. Building upon the Nuremberg legacy, the emergence and proliferation of modern international(ized) tribunals has ushered in a new era in international criminal justice, whereby states seek to end impunity for international crimes through criminal trials. This Article addresses the legacy of Nuremberg in transitional justice approaches. It examines the criticisms within the transitional justice field that criminal justice processes are generally ill-suited to address the social forces that characterize collective violence and the push away from criminal prosecutions towards other non-retributive processes. It argues that while post-conflict peacebuilding requires a more holistic transitional justice approach, recourse to at least some criminal prosecutions remains an enduring legacy of Nuremberg, supported by both international actors as well as victim communities.

After observing the growth of the Indian and Filipino Business Process Outsourcing (BPO) sectors, Kenyan policy-makers and managers made substantial investments in international internet infrastructure and BPO marketing campaigns. While observers continue to discuss the sector in terms of its international work opportunities, in recent years the sector has increasingly focused on contracts sourced from Kenyan and other East African clients. The government has also refocused efforts on attracting international BPO companies. This domestic turn signals both the difficulties of gaining access to overseas work due to the power of incumbents and the increasing use of the internet and ICT-enabled automation within Kenyan organisations. In effect, better connectivity has enabled a two-way globalisation of services: Kenyan BPO companies can access international work opportunities but connectivity has also contributed to the inflow of international business practices into Kenya. The conclusion examines what these shifts might entail for the sector and its workers in future.

In recent years, International Relations scholars have shown a growing interest in the body. Yet, the body often remains rather abstract. In this article, we engage with the lived body and personal histories, claim that the international is not only personal but also corporeal with bodily dimension, and explore the body as a complex intersection that characterizes and shapes the relations between the singular, social, and international. To illustrate our argument, we discuss a sensuous experience of war that defies simplistic categorization and interpretation. The aim is to introduce an alternative onto-epistemological angle on International Relations in order to overcome the separation of the discipline from ordinary people and local everyday practices. The body is shown to be a site of the political, a place of intersection that both enacts practices and fosters relations with others and toward the world, and engages in practices that disrupt the normal rhythm of international politics and its governing logic.

ABSTRAK The Somalian Pirates issue in Gulf of Aden has become a global issue which invites security concerns from countries to international organizations. Gulf of Aden is an important international trade routes. Thus, such disruption upon the trade route would jeopardize international trades and invite strong reactions among parties suffered from loss due to the piracy. Several European Union member countries harmed by this issues, then, demand European Union to address the issue and proactively involve in any measure necessary to solve the problem. In 8th December 2008, European Union finally launched its first military operation to fulfill its role in combating the pirates. The Operation is called European Union Naval Force Atalanta (EU NAVFOR). This research is using qualitative method and several concepts in International Relations study such as non-traditional security, piracy, international organization, and roles concept. Keywords : Somalian Pirates, Gulf of Aden, European Union, EU NAVFOR Atalanta