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ABSTRACTTo enhance effective cooperation, the Marrakesh Accords provide a compliance system for the international climate regime. An innovative part of this system is an Enforcement Branch authorised to apply punitive consequences against countries that fail to comply with their Kyoto obligations. While previous research has primarily focused on the ability of this compliance system to deter non-compliance, this article discusses whether the actual use of punitive consequences will induce a non-compliant country to return to compliance. The Marrakesh Accords explicitly emphasise that the punitive consequences shall be aimed at the restoration of compliance. However, we show that the application of punitive consequences will accomplish this in only exceptional circumstances.

Le Gouvernement américain s'est préoccupé dernièrement de satisfaire aux obligations contractées par lui en raison de la signature de la Convention de Genève du 6 juillet 1906, notamment quant aux dispositions législatives à promulguer pour protéger efficacement l'emblème de la Croix-Rouge centre les abus en temps de paix comme en cas de service actif (art. 23, 27 et 28 de cette Convention).

It is time for a fresh look at the norm of nonintervention in domestic affairs, as applied to nonforcible efforts to influence another state's internal politics. The existence of such a norm is widely proclaimed, and it is commonly assumed to be a legal obligation rather than a mere practice of comity or aspirational objective. For governments, scholars and international organs alike, the "rule" against interference in internal politics seems to be an article of faith; but despite the frequency of its incantation in international discourse, how the norm applies to nonforcible conduct is inadequately understood.

State immunity — Jurisdictional immunity — Proceedings for registration of foreign judgment — Commercial transaction to guarantee bonds — Whether immunity exception for proceedings concerning "commercial transactions" applicable — Foreign States Immunities Act 1985 (Cth), Sections 9 and 11(1)State immunity — Immunity from execution — Whether property "in use" or "set aside" for non-commercial purpose — Whether immunity exception for "commercial property" applicable — Whether bank accounts immune from execution — Foreign States Immunities Act 1985 (Cth), Sections 30 and 32(1)Relationship of international law and municipal law — International law on State immunity — Customary international law — Australia's obligations under international law — Foreign States Immunities Act 1985 (Cth) — Interpretation — Whether immunity extending to commercial transactions — Whether Immunities Act inconsistent with Foreign Judgments Act 1991 (Cth) — The law of Australia

International Law — Sources of — Custom — Requirements for Formation of Custom.States — Protected States — Position in International Law.States — Protected State — Obligation of Equality of Treatment — Whether Protecting State Entitled to Preferential Treatment.Aliens — Equality of Treatment — Most-Favoured-Nation Clause — Protected and Protecting States — Method of Assessing Customs Duties.Treaties — Interpretation of — Most-Favoured-Nation Clause.Jurisdiction — Extra-territorial Consular Jurisdiction — Capitulatory Régime — Equality of Treatment — Capitulatory Régime in Protected States — Equality of Treatment in Relation to Protecting States — Status of Protectorate as a Subject of International Law — Most-favoured-nation Clause — Operation in Relation to Capitulatory Régime — Acquisition of Capitulatory Rights by Custom — Requirements of Custom as a Source of International Law — Right of Assent to Legislation in Capitulatory Régime — Capitulatory Régime and Immunity from Taxation — Equality of Treatment and Method of Assessment of Customs Duties.

How states cooperate in the absence of a sovereign power is a perennial question in international relations. With Power in Concert, Jennifer Mitzen argues that global governance is more than just the cooperation of states under anarchy: it is the formation and maintenance of collective intentions, or joint commitments among states to address problems together. The key mechanism through which these intentions are sustained is face-to-face diplomacy, which keeps states' obligations to one another salient and helps them solve problems on a day-to-day basis.Mit

Treaties — Effect in municipal law — Agreements between the European Economic Community and third States — Direct effect of provisions — Conditions — EEC-Portugal Free Trade Agreement, 1972 — Article 21(2) — Whether containing unconditional and precise obligation — Whether creating directly enforceable rights for individualsTreaties — Principles and rules of interpretation — Requirement of uniform application by contracting parties — Free trade agreements between EEC and third States — Role of Court of Justice of the European Communities in interpreting agreements so as to ensure uniform application — Object and purpose of such agreements — Comparison with analogous provisions of EEC Treaty, 1957 — Whether legitimate method of interpretation where objectives of treaties are differentTreaties — Application — Obligation of good faith performance — Requirement of reciprocity — Duty of parties to take appropriate measures for full execution of their commitments — Failure of courts of one party to recognize direct effect of some provisions of Agreement when such recognition is given by courts of other party — Whether constituting lack of reciprocity — Establishment of special institutional framework for implementation of Agreement — Whether excluding judicial interpretation and applicationRelationship of international law and municipal law — Treaties — Agreement between EEC and non-member State — Effects in law of Member States of EECInternational organizations — EEC — Institutions — Powers — Treaty-making power — Agreements concluded by Community institutions with third States — Scope of obligation of Member States to enforce such agreements — Court of Justice of the European Communities — Interpretation of agreements — Role of Court of Justice in ensuring uniform application of agreements throughout the Community76Economics, trade and finance — Taxation — Trade between European Community and third States — Free trade agreements — Rule against tax discrimination in respect of imported products — Conditions for discrimination — Similar national products actually enjoying tax benefit — Definition of similar products — The law of the European Economic Community

Preliminary Material -- Introduction générale -- I La compétence des juges de la procédure initiale en matière de contrôle de la mise en conformité -- II Le règlement par arbitrage des questions connexes à la mise en œuvre -- I La nature des obligations substantielles -- II La nature des procédures contentieuses -- I Pression temporelle : le délai raisonnable -- II Pression matérielle : le contrôle au fond de la mise en conformité -- I Accès à la suspension de concessions : la subjectivation du litige -- II Mise en œuvre de la suspension de concessions : l'objectivation d'un rapport de forces bilatéral -- Conclusion générale -- Guide des affaires -- Sources -- Bibliographie -- Table des matières.

When a state joins two regional organizations (ROs) pursuing such different objectives in the same region as integration and security, international relations scholarship focuses on whether the obligations defined by the one organization are compatible with those laid down in the other. On the other hand, when a state belongs to two ROs with the same policy scope but in different regions, the possibility that this "regional overlap" creates conflicts between differing normative and institutional commitments that can generate contradictions rather than complementarities for the government involved is considerably more challeng­ing for analysts. These dilemmas were raised in 2012 by Mexico when, already a member of the North American Free Trade Agreement since 1994, it founded the Pacific Alliance with three far-off countries, Chile, Colombia, and Peru. This paper tackles four puzzles that the resulting regional overlap presented: Why, when its trade was overwhelmingly directed at the North American market, did Mexico join the Pacific Alliance offering poor prospects for increasing its foreign commerce? How, as a third world rule-taker on trade issues, did it become a first world rule-maker which urged the new Alliance to adopt NAFTA's foreign direct investment protection norms and institutions? In border security matters, was Mexico finding allies who could help the country resist overbearing US demands for collaboration in its "wars" on drugs and ter­rorism or was it diffusing Washington's norms southwards to its fellow member states in the Andes? Were the geopolitical implications of Mexico's regional overlap to reaffirm its credentials in Latin America or to support the United States' efforts to offset the consolidation there of China's trade, investment, and security presence? Our discussion of these four puzzles will reveal a surprising set of complementarities rather than contradictions between Mexico's policy obligations, actions, and prospects in these two distinct ROs.

This paper questions to what extent the confidential decision-making structure maintained at the ECB is still compatible with the EU principle of openness recognised in Article 15 TFEU. To that extent, it analyses the different confidentiality regimes in place as well as the openness features adopted in both monetary policy and prudential supervision. It subsequently questions how those features comply with the letter and spirit of Article 15 TFEU. Aiming better to integrate existing confidentiality features with EU constitutional transparency obligations, the paper finally proposes some minor modifications to the ECB decision-making framework to align it more directly to the spirit of openness reflected in Article 15. ; Peer reviewed

PurposeChanges over the last 30 years have given companies increased flexibility and control over their logistics activities. During this same period of time, financial markets have embraced stock options, which allow buyers the right but not the obligation to purchase a stock at a specified price in the future. Recent technological developments could enable the trading of formalized options around transportation and logistics services. This paper aims to propose a framework for enabling managers to extend the use of options to the future use of logistics resources.Design/methodology/approachPresents a conceptual model that is based on research within the field.FindingsThis paper presents a framework for using transportation options in a similar manner to stock or commodity options: a shipper would buy a transportation option from a carrier, or a carrier's agent, which would give the shipper the right but not the obligation to send a shipment in a particular freight lane at a specified future time, for a specified future cost.Originality/valueThe paper provides a new method for structuring future logistics shipments.

International agreements have advantages over other sources of international law. International agreements are used consistently as a tool for cooperation or peaceful relations between countries regardless of their political, economic and social systems. Indonesia has also taken many binding actions on international treaties. If Indonesia is bound by an international agreement, then it is obliged not to carry out something that is contrary to the essence, purpose and purpose of the international agreement and morally must obey obligations arising from the existence of the international agreement in good faith (pacta sunt servanda). The International Convention on The Protection of the Rights of All Migrant Workers of Their Families has been ratified through Law No. 6 of 2012 so that Indonesia is obliged to realize the rights set out in the Convention into law in force in Indonesia, as a form of State protection for Indonesian migrant workers and members of their families. Keywords: state obligations, international treaties, ratification Abstrak Perjanjian internasional mempunyai kelebihan dibandingkan sumber hukum internasional lainnya. Perjanjian internasional digunakan secara konsisten sebagai alat kerja sama atau hubungan damai antar negara apapun sistem politik, ekonomi dan sosialnya. Indonesia juga telah banyak melakukan tindakan pengikatan terhadap perjanjian internasional. Apabila Indonesia sudah terikat pada suatu perjanjian internasional, maka berkewajiban untuk tidak melaksanakan sesuatu yang bertentangan dengan esensi, maksud dan tujuan perjanjian internasional dan secara moral harus mentaati kewajiban-kewajiban yang timbul akibat adanya perjanjian internasional tersebut dengan iktikad baik (pacta sunt servanda). International Convention on The Protection of The Rights of All Migrant Workers of Their Families telah diratifikasi melalui UU No. 6 Tahun 2012 sehingga Indonesia berkewajiban merealisasikan hak-hak yang diatur dalam Konvensi ke dalam hukum yang berlaku di Indonesia, sebagai wujud pelindungan Negara kepada pekerja migran Indonesia dan anggota keluarganya. Kata Kunci: kewajiban negara, perjanjian internasional, ratifikasi

553Arbitration — Challenge to award — Arbitration tribunal constituted under North American Free Trade Agreement ("NAFTA"), Chapter 11 — UNCITRAL Arbitration Rules — Arbitral awards in S. D. Myers Inc. v. Government of Canada — First Partial Award on Liability — Second Partial Award on Damages — Final Award on Costs — Canada liable for breach of NAFTA obligations — Respondent awarded damages and costs — Canada applying to set aside NAFTA Chapter 11 arbitration awardsRelationship of international law and municipal law — Application for judicial review of NAFTA Chapter 11 arbitration awards — Court's jurisdiction for judicial review — Article 34 of Commercial Arbitration Code 1985 — Grounds for judicial review — Whether arbitral awards dealing with dispute not contemplated by NAFTA Chapter 11 — Whether arbitral awards exceeding scope of arbitration agreement in Part B of Chapter 11 — Whether arbitral awards contravening public policy of Canada — Principle of non-intervention in an arbitral award within jurisdiction of TribunalTreaties — Interpretation and application — NAFTA — Chapter 11 — Objectives of NAFTA — Purposive interpretation — Article 2.01 of NAFTA — Vienna Convention on the Law of Treaties, 1969, Article 31 — Principles of international law — Application of NAFTA — NAFTA Chapter 11 and Chapter 12 rights and obligations — Whether mutually exclusive — The law of Canada

AbstractThis article analyses the responsibility to protect from a legal and rights-based perspective. It shows that the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity is rooted in existing International Human Rights Law (IHRL) and International Humanitarian Law (IHL). These crimes fall under the jurisdiction of the International Criminal Court (ICC) and evoke serious international legal consequences under all circumstances, also if tried by national courts. Protection of the individual against atrocities is a primary responsibility of states. However, if a state is unable or unwilling to exercise its protection obligations, these shift to international organisations, including the United Nations or any other authority controlling the territory and its population. The article further analyses various protection tools available within the UN human rights machinery, in particular the Human Rights Council (HRC) and the Office of the High Commissioner for Human Rights (OHCHR) and concludes that they could play a much stronger role in preventing and addressing the atrocities and that the most important obstacle in this respect is the prevailing institutional gap between human rights and security matters within the UN. The article concludes that the responsibility to protect clause adopted by consensus by the 2005 World Summit in its Outcome Document (GA Resolution A/60/1) constitutes an important commitment towards implementing these universal rights and obligations which are lacking enforcement and continue to be violated, especially in armed conflicts. It also identifies research and policy recommendations that may facilitate operationalisation of this important clause.

The most well-known Western literary influences on Gandhi (Ruskin, Tolstoi etc.) could not be considered liberal in the orthodox sense or "Western" in ideological commitment. The author advances the thesis that Gandhi's conscious involvement with liberal modes of thinking can be related to his legal studies and his political experience as a subject of the British Empire. The dualism of legal and moral obligation as an integral part of the liberal political system and Gandhi's principled and highly original use of this dualism in his concept of "Satyagraha". (DÜI-Sen)