The ICJ, the ECJ, and the Integrity of International Law
In: International & comparative law quarterly: ICLQ, Band 52, Heft 1, S. 1-20
ISSN: 0020-5893
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In: International & comparative law quarterly: ICLQ, Band 52, Heft 1, S. 1-20
ISSN: 0020-5893
In: Political violence
The focus of this volume is to explore new and innovative ways forward in better understanding and predicting the potential convergence between unconventional (CBRN) weapons and terrorism.
In: International Law 14
In the last five years the topic of cyber warfare has received much attention due to several so-called "cyber incidents" which have been qualified by many as State-sponsored cyber attacks. This book identifies rules and limits of cross-border computer network operations for which States bear the international responsibility during both peace and war. It consequently addresses questions on jus ad bellum and jus in bello in addition to State responsibility. By reference to treaty and customary international law, actual case studies (Estonia, Georgia, Stuxnet) and the Tallinn Manual, the author illustrates the applicability of current international law and argues for an obligation on the State to prevent malicious operations emanating from networks within their jurisdiction.This book is written for academics in public international law and practitioners from the military and other public security sectors
International environmental law is undergoing a serious crisis. In order to improve its "environmental effectiveness", the adoption of a new founding paradigm is necessary. The new paradigm ought to be based on the concept of "ecological sustainability", grounded on the duty to protect and restore the integrity of the eco-systems. Besides setting the framework for the revision of international environmental law on the basis of the "ecological sustainability" paradigm, this paper focuses on its application in climate change law. In this sense, a critical analysis is provided on the application of the most relevant flexibility mechanisms foreseen at international level by the Kyoto Protocol, namely the Clean Development Mechanism (CDM) and Emissions Trading, as well as of the most interesting instruments applied at EU level, namely the European Union Emissions Trading Scheme (EU ETS) and Carbon Capture and Storage (CCS). ; The Redefining the Transatlantic Relationship and its Role in Shaping Global Governance (TRANSWORLD) project is funded by the European Union's 7th Framework Programme under grant agreement no. 290454.
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In: Oxford monographs in international law
"Conventionally, international legal scholarship concerned with norm conflicts focuses on identifying how international law can or should resolve them. This book adopts a different approach. It focuses on identifying those norm conflicts that law cannot and should not resolve. The book offers an unprecedented, controversial, yet sophisticated, argument in favour of construing such irresolvable conflicts as legal dilemmas. Legal dilemmas exist when a legal actor confronts a conflict between at least two legal norms that cannot be avoided or resolved. Addressing both academics and practitioners, the book aims to identify the character and consequences of legal dilemmas, to distill their legal function within the sphere of international law, and to encourage serious theoretical and practical investigation into the conditions that lead to a legal dilemma. The first part proposes a definition of legal dilemmas and distinguishes the term from numerous related concepts. Based on this definition, the second part scrutinises international law's contemporary norm conflict resolution and accommodation devices in order to identify their limited ability to resolve certain kinds of norm conflicts. Against the background of the limits identified in the second part, the third part outlines and evaluates the book's proposed method of dealing with legal dilemmas. In contrast to conventional approaches that recommend dealing with irresolvable norm conflicts by means of non liquet declarations, judicial law-making, or a balancing test, the book's proposal envisions that irresolvable norm conflicts are dealt with by judicial and sovereign actors in a complementary fashion. Judicial actors should openly acknowledge irresolvable conflicts and sovereign actors should decide with which norm they will comply. The book concludes with the argument that analysing various aspects of international law through the concept of a legal dilemma enhances its conceptual accuracy, facilitates more legitimate decision-making, and maintains its dynamic responsiveness." -- Publisher's website
World Affairs Online
In: IMF Staff Country Reports v.Country Report No. 14/129
KEY ISSUESShort-term vulnerabilities have risen significantly amid high fiscal and current account deficits. The international reserve position has weakened alongside mounting public debt. High interest rates and a depreciating currency have begun to weaken private sector activity, and spreads on Ghana's Eurobonds have risen above those of regional peers.Economic growth is slowing from previously high levels. Following estimated GDP growth of 5½ percent in 2013, staff projects a further deceleration to4¾ percent in 2014. Driven by the depreciation and administered price increases, inflation re
In: International journal of innovation: IJI journal, Band 10, Heft 4, S. 574-578
ISSN: 2318-9975
IntroductionThe International Journal of Innovation – IJI, since 2020, opened a section for publications of technological articles. From then on, we have been receiving articles to go through the blind double-review editorial process. Our intention with this editorial comment is to make the academic community, especially authors who consider the IJI for their submissions, have one more document option to assist in the elaboration and structuring of their technological research.In 2021, we published the editorial commentary entitled "What we expect from articles submitted to the IJI" which briefly addressed technology articles (Scafuto et al., 2021). Now, in this new editorial comment, we intend not only to bring the information previously discussed, but we want to deepen the discussions with other important elements to contribute to the development of technological articles.We understand that technological articles are assuming an increasingly important role within the academic community, as it is a way to bring together the challenges of organizations with academic research. It is worth remembering that the technological article is one of the twelve technical and technological products that are proposed and evaluated by CAPES (a Brazilian entity for higher education personnel improvement coordination). They are especially important for professional graduate programs in management and related fields. We, the editors of the IJI, recognize the importance of the contribution of professional programs. The IJI is a vehicle for the dissemination of this production to both members of the academic community and practitioners.In this editorial commentary we provide some suggestions for authors who may be interested in submitting their technological articles for evaluation at the IJI. We want to encourage this type of submission, but always in search of articles with quality and relevance for readers. Guidelines for building relevant technological articlesThe technological article is a form of publication that presents and discusses ideas, methods, techniques, processes, and results focused on solving practical problems (Motta, 2017). The technology article generally describes experiences in organizations. Despite describing these experiences, researchers must follow scientific and methodological rigor in writing (Biancolino et al., 2012). The technological article has an elaboration process similar to any other scientific process. We reinforce this scientific and technological rigor due to the nature of the IJI.In 2022, the editorial commentary of Business Horizons Magazine, by Greg Fisher, presents some interesting ideas in line with our perspective on technological articles (Fisher, 2022). Fisher presents three categories that technological articles generally fall into: past; present and future:Past-oriented articles use academic research already carried out and translate into ideas and practical applications for use, facilitating the understanding of practitioners.Present-oriented articles detail the challenges faced by companies, seeking solutions through the application of existing academic theory. They highlight issues have not solved yet.Future-oriented articles are those focus on emerging phenomena providing practical and forward-looking perspectives on possible business applications. Authors who write a technology article should make clear the problem, contextualizing when, where, why, and how the problem occurs. The idea is to highlight the issue or negative impact that the problem creates, or if it provides any opportunity. When approaching the problem, it should try to present something new. It is desirable provides easy way to use and remember the proposed solutions and the path used to find the solution illustrating how it works.Visual resources such as figures and graphs may facilitate for readers the process of comprehension about the problem. Some prescription on how to use the solution is important for those who may want to use it, as well as discussing what can go right or wrong. Leaving a final message serves as action-focused learning is always desirable (Business Horizons, 2018).Our suggestion is that the authors submit applied research in the technological article section that prioritizes the description of learning and practical results experienced in organizations. The CIMO logic is another way of thinking about the organization in a technological article. CIMO is an acronym for (Van Aken, 2007):Context (problem situation);Intervention (proposed intervention to solve the problem);Mechanisms (description of how handle problem solution);Outcomes (describes objectively the results).Technological articles should emphasize reports of solutions already implemented and obtained results. Even if it is a forward-looking study, it should provide practical and forward-looking perspectives on possible applications for solving business problems. Therefore, it is expected from technological articles submitted to the IJI may offer contributions to knowledge, as an example (Gregor and Hevner, 2013):· Focus on innovation: new solutions to new problems;· Focus on improvement: new solutions to known problems;· Focus on extrapolation: known solutions to new problems.Formatting a Technological Article for the IJIAnother point is about the size of a technological article, we suggest that the submission made by the authors is for articles with at least 6000 (six thousand) words for a more academic approach for the IJI. In addition, authors must follow the format available in the guidelines for the author, contemplating the structured abstract, as well as adopting the structure[1] presented below.Introduction: it aims to briefly present what the technological article is about, and the intervention carried out, making problem situation clear. Informing quickly how the data was collected and interpreted. Literature review: it must be related to the intervention in the organization. The theoretical framework will serve to provide theoretical support to the findings and will contribute to the outcomes discussion. Method of technical production: even being a technical production, the technological article must follow a well-detailed method with a description of the procedures used in the data collection and relevant information about procedures to perform the research such as a direct observation or direct participation of the authors among other examples. Context and problem situation: the authors must present the problem or opportunity, as well as characterize the organization.Types of intervention and mechanisms adopted: the authors must analyze the problem situation and discuss the possible alternatives for its resolution: innovation, improvement, or extrapolation; in addition to describing the activities developed to solve the problem situation.Outcomes and analysis: the authors should bring the most relevant contributions from the outcomes according to the subjects dealt with. It should be raised the relevance to similar cases with lessons learnt derived from the reported experience.Discussions and final considerations: Discussion is also welcome. It is time to confront the results with the researched theory, reinforce the objectives of the research. The authors can comment on the limitations for the research and propose new ideas for future studies of a technical nature that can advance about what was presented. References: it should include at the end all the authors cited in the theoretical framework, according to APA standards found in the IJI guidelines. Final considerationsWe except this editorial comment on technological articles can guide and encourage to submit to the IJI. Our wishes are for the academic community to produce more and better technological articles to solve problems and contribute to the practical community. We are grateful to all authors and readers who consider the IJI for the dissemination of their research, as well as a source of scientifically proven information. [1] Adapted from Biancolino et al. (2012).
In: New advances in crime and social harm
Contents: Introduction, Adam Crawford; An overview of key themes, Jo Goodey. The status of victims: Victims as consumers of the criminal justice system?, Renee Zauberman; Individualization of the victim: from positivism to postmodernism, Leslie Sebba; Taking the law into their own hands: victims as offenders, David Miers; Implications of the international crime victims survey for a victim perspective, Jan van Dijk. Victims within criminal justice: The new status of victims in the UK: opportunities and threats, Helen Reeves and Kate Mulley; Victims and criminal justice: creating responsible criminal justice agencies, Joanna Shapland; Integrating a victim perspective in criminal justice through victim impact statements, Edna Erez; Victims' rights, defendants' rights and criminal procedure, Andrew Ashworth; Victims and restorative justice: The practice of family group conferences in New Zealand: assessing the place, potential and pitfalls of restorative justice, Allison Morris and Gabrielle Maxwell; Integrating a multi-victim perspective into criminal justice through restorative justice conferences, Richard Young; Extending the victim perspective towards a systemic restorative justice alternative, Lode Walgrave; Salient themes towards a victim perspective and the limitations of restorative justice: some concluding comments, Adam Crawford. Index.
In: CESifo working paper series 4981
In: Energy and climate economics
A rapidly rising carbon tax leads to faster extraction of fossil fuels and accelerates global warming. We analyze how general equilibrium effects operating through the international capital market affect this Green Paradox. In a two-region, two-period world with identical homothetic preferences and without investment, the global interest rate falls and the Green Paradox weakens. With investment or a relatively more impatient oil-importing region, the Green Paradox may be strengthened because the future oil demand function shifts downward or because the interest rate rises. If the oil-importing region is very much more patient than the oil-exporting region, the Green Paradox may be reversed but in our calibrated model the effects are tiny. With exploration and endogenous initial oil reserves, a future carbon tax lowers cumulative oil extraction in partial equilibrium. If the boost to current oil extraction is weakened, strengthened or reversed in general equilibrium, so is the fall in cumulative extraction. A partial and general equilibrium welfare analysis of a future carbon tax, both for full and partial exhaustion, is given.
In: The review of international organizations, Band 14, Heft 4, S. 581-606
ISSN: 1559-7431
World Affairs Online
Abstract.This study was aimed at discussing the main aspects regarding the protection of rights of childrenunder international and Russian law. An analysis of the norms regarding the protection of the rights, freedoms and legitimate interests of children from the point of view of international and Russian legislation was presented. The main directions of the state policy on the protection of the rights and legitimate interests of children were also covered.Keywords: Children's Rights, Protection of Children's Rights, Constitutional Law of Protection, Minor, International Regulations, International Law, Adolescent, Legitimate Interests of Children, International Documents, Constitution of Russian Federation.
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In: Review of International Organizations, Forthcoming
SSRN
This paper surveys the rapidly growing theoretical literature on international environmental agreements. The surveyed contributions are classified according to the conceivable strategies to create incentives for the participation in and compliance with environmental conventions. The proposed taxonomy of instruments consists of (i) the choice and particular form of the internalisation instrument; (ii) carrot-stick strategies that make co-operative pollution reductions dependent on the past behaviour of other countries (internal stabilization); (iii) transfers and sanctions of various forms (external stabilization); (iv) unilateral and accompanying measures by single countries or subcoalitions; and (v) long-term provisions to increase the flexibility of agreements and to improve the framework conditions for international negotiations.
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In: Cuestiones Políticas, Band 39, Heft 69, S. 296-316
ISSN: 2542-3185
The aim of the article is to analyze the implications of the franchise agreement in international trade. One of the contracts that is usually registered after the appearance and registration of property rights, and especially after the development of trademark rights, is the franchise agreement. A franchise agreement is a contract entered into between the franchisor and the franchisee as the owner of the intellectual property rights. In other words, the franchisee often uses trademark rights and intellectual property rights owned by the franchisor, which have a limited duration. It is concluded that, in franchise agreement, there is a right to enforce the franchisor's business method, which is implemented within the network (this method includes the use of intellectual property rights and know-how). This contract has detailed terms and is closely related to intellectual property rights and competition rights. The franchise must be distinguished from the distribution contract, the concessionaire, and the license. Under this agreement, the franchisee enters the franchise network and agrees to use the franchisor's method of negotiation and pay royalty-free payments instead.