International environmental law: emerging trends and implications for transnational corporations
In: Environment series 3
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In: Environment series 3
World Affairs Online
In: European journal of international law, Band 33, Heft 4, S. 1243-1261
ISSN: 1464-3596
Abstract
This article offers the first comprehensive mapping of the place of international human rights law (IHRL) in Israeli case law. It explores how Israeli courts use IHRL, based on quantitative and qualitative content analysis of all decisions, in all courts, referring to IHRL between 1990 and 2019. It reveals that Israeli courts mobilize IHRL predominantly with respect to children's rights and due process, seldom invoking IHRL in relation to ethnic and gender equality. It further shows that a significant portion of references to IHRL serve to justify state action. We discuss possible explanations for these patterns of use of IHRL and argue that, overall, these findings illustrate the paradox of IHRL being amenable to uses that are both emancipatory and protective of power.
In: Review of international political economy: RIPE, Band 4, Heft 1, S. 1-41
ISSN: 0969-2290
A lecture presented at Durham U (England) in Nov 1995 explores transformations of capital-labor relations following the post-Cold War crisis of Fordism. Various responses to this crisis have brought about radical restructurings of the world's economic hierarchy. One consequence has been the creation of continental economic blocs made up of countries with widely varying labor relations. The US-dominated bloc has emphasized strict control of the production process, while creating more flexibility in labor relations. The other blocs, comprising European & Asian countries, have preferred to trade management control over production for greater worker participation. The latter method shown to be more difficult to implement, but it is more efficient & renders a higher quality of production & labor benefits. An unintended ecological consequence of the restructuring is more support for global restrictions on the pollution that causes the greenhouse effect. 4 Tables, 5 Figures, 61 References. Adapted from the source document.
In: Europa-Archiv / Beiträge und Berichte, Band 32, Heft 17, S. 561-570
World Affairs Online
Professor Knorr examines bends in the values which nations derive in their international relationships from the possession and use of both nuclear and non-nuclear military forces, and suggests that territorial conquest and the furtherance of economic benefits by military means have generally diminished in appeal. He inquires into the costs and disadvantages of military power-the greatly reduced security obtainable even by the major nuclear powers and the noticeable diminution in the legitimacy of international violence in its several forms.Originally published in 1966.The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These paperback editions preserve the original texts of these important books while presenting them in durable paperback editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905
Preface -- Acknowledgements -- Contents -- List of Abbreviations -- Chapter 1: Introduction -- 1.1 Research Questions -- 1.2 Structure of the Thesis -- 1.3 Terminology -- Chapter 2: State Responsibility and the Criminal Liability of the Individual -- 2.1 Nuremberg: Setting the Stage -- 2.2 International Criminal Law: A Collision of Legal Systems -- Chapter 3: Nullum Crimen Sine Lege -- 3.1 Preliminary Remarks -- 3.2 Nullum Crimen Sine Lege and Domestic Law -- 3.3 The Four Guarantees of Nullum Crimen Sine Lege -- 3.4 Theoretical and Philosophical Foundations -- 3.5 Nullum Crimen Sine Lege and the IMT Nuremberg and the IMTFE Tokyo -- 3.6 Nullum Crimen Sine Lege and Post World War II US Military Tribunals -- 3.7 Changing the Picture? Nullum Crimen Sine Lege and Its Inclusion in Human Rights Law and Humanitarian Law Conventions -- 3.8 The Obligation of International Criminal Tribunals to Comply with Nullum Crimen Sine Lege -- 3.9 Nullum Crimen Sine Lege in International Criminal Law: A sui generis Principle? -- 3.10 The Guarantees of the Nullum Crimen Sine Lege Principle in International Criminal Law: The Principle of Nullum Crimen Sin... -- 3.10.1 Preliminary Remarks -- 3.10.2 The Quest for Applicable Law -- 3.10.3 The scripta Requirement and the Sources of International Law: International Conventions as the Sole Legal Basis for Ind... -- 3.10.4 The stricta Requirement and the Sources of International Law -- 3.10.5 The praevia Requirement and the Sources of International Law -- 3.10.5.1 The Shift from Substantive Justice to Strict Legality -- 3.10.5.2 The praevia Requirement and International Conventions -- 3.10.5.3 The praevia Requirement and General Principles of Law -- 3.10.5.4 The praevia Requirement and Customary International Law -- 3.10.6 The certa Requirement and the Sources of International Law
In: Journal of Cold War studies, Band 5, Heft 3, S. 96-101
ISSN: 1531-3298
The end of the Cold War posed a formidable challenge for theorists of international relations. Almost all of the theoretical approaches that were in vogue in the 1980s were unable to account for the sudden end of the bipolar Cold War system. These approaches could explain incremental change in international politics, but they fell woefully short when confronted by revolutionary developments of the sort that occurred in 1989–1991. Leading scholars in the field of international relations in recent years have sought to adapt earlier theories and devise new ones to help explain drastic changes in the international system. The books under review show that improvements and useful innovations have occurred but that the field still has a long way to go before it can fully cope with abrupt, radical change.
In: FIB papers / Wissenschaftszentrum Berlin für Sozialforschung, 90,304
In: Publication series of the International Relations Research Group
World Affairs Online
In: http://orbilu.uni.lu/handle/10993/30216
The aim of this Article is to contribute to a better understanding of the international contracting process by unveiling the factors which influence international commercial actors when choosing the law governing their transactions. Based on the empirical study of more than 4,400 international contracts concluded by close to 12,000 parties participating in arbitrations under the aegis of the International Chamber of Commerce, the Article offers a method of measuring the international attractiveness of contract laws. It shows that parties' preferences are quite homogenous and that the laws of five jurisdictions dominate the international market for contracts. Among them, two are chosen three times more often than their closest competitors: English and Swiss laws. The Article then inquires which features made these laws more attractive than others and seeks to verify whether the postulate that international commercial parties are rational actors is true. It concludes that while some parties might have the resources to study the content of available laws before deciding which one to choose, others have no intention of investing such resources and are happy to rely on cheaper means to assess the content of foreign laws, including proxies. Furthermore, some parties suffer from cognitive limitations, the most important of which being the fear of the unknown and the correlative need for selecting a law resembling their own. Finally, unsophisticated parties might not fully appreciate the extent of their freedom to choose the law governing their transaction and might wrongly believe that it is constrained by largely irrelevant factors such as the venue of the arbitration.
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The aim of this Article is to contribute to a better understanding of the international contracting process by unveiling the factors which influence international commercial actors when choosing the law governing their transactions. Based on the empirical study of more than 4,400 international contracts concluded by close to 12,000 parties participating in arbitrations under the aegis of the International Chamber of Commerce, the Article offers a method of measuring the international attractiveness of contract laws. It shows that parties' preferences are quite homogenous and that the laws of five jurisdictions dominate the international market for contracts. Among them, two are chosen three times more often than their closest competitors: English and Swiss laws. The Article then inquires which features made these laws more attractive than others and seeks to verify whether the postulate that international commercial parties are rational actors is true. It concludes that while some parties might have the resources to study the content of available laws before deciding which one to choose, others have no intention of investing such resources and are happy to rely on cheaper means to assess the content of foreign laws, including proxies. Furthermore, some parties suffer from cognitive limitations, the most important of which being the fear of the unknown and the correlative need for selecting a law resembling their own. Finally, unsophisticated parties might not fully appreciate the extent of their freedom to choose the law governing their transaction and might wrongly believe that it is constrained by largely irrelevant factors such as the venue of the arbitration.
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In: Zhao , Y 2014 , ' Essays on International Capital Flows, Currency Crises and Exchange Rate Regimes ' , Doctor of Philosophy , University of Groningen , Groningen .
Onderzoek naar de koppeling tussen internationale kapitaalstromen, valutacrises en wisselkoersregimes De koppeling tussen internationale kapitaalstromen, valutacrises en wisselkoersregimes is van belang voor de mondiale financi?le stabiliteit. Het promotieonderzoek van Yanping Zhao draagt daar, zowel methodologisch als empirisch, aan bij. In haar proefschrift komen de volgende onderzoeksvragen aan bod: (1) Is Chinees vluchtkapitaal gerelateerd aan ontwikkelingen in de vastgoed- en de aandelenmarkten, het renteverschil ten opzichte van de VS, de verwachte appreciatie van de wisselkoers en de Chicago Board Options Exchange Market Volatility Index (VIX)? Hangen deze relaties af van structurele hervormingen en nieuwe regelgeving en van de recente financi?le crisis? Worden de resultaten beïnvloed door de keuze van een bepaalde maatstaf van vluchtkapitaal? (2) Welke factoren bepalen of een plotselinge ingrijpende vermindering van internationale kapitaalstromen wordt gevolgd door een valutacrisis of niet? Speelt de wisselkoers en met name het wisselkoersregime hierbij een rol? (3) Zijn leidende indicatoren van valutacrises verschillend in verschillende wisselkoersstelsels? Zo ja, welke indicatoren zijn bruikbaar bij verschillende wisselkoersstelsels? (4) Wat is de relatie tussen het toekomstige contante koers rendement van de renminbi en het agio op de termijnkoers? Geldt de 'unbiased forward rate' hypothese in China? Wat is de invloed van de recente financiële crisis op deze relatie? ; The linkages between international capital flows, currency crises and exchange rate regimes are relevant for global financial stability in an increasingly integrated world. Yanping Zhao contributes to the literature both methodologically and empirically. First, Zhao shows that the factors driving hot money flows in China from 2000 to 2012 depend on the way hot money is measured. The expected exchange rate is a robust driver no matter which measure we use, while the interest rate is not significant. The significance of the stock market index, the real estate climate index and the VIX depends on the way in which we measure hot money flows. Second, Zhao argues that sudden stops need not automatically translate into currency crashes. In order to reduce the probability of having sudden stops with currency crashes, an open trade sector, a balanced external sector and deeper financial markets are required. We suggest ways for maintaining financial stability under alternative exchange rate regimes. Economies with a hard peg should aim for balanced government budgets and open up their trade sector. Economies with other pegs should develop their financial sector and open up their trade sector, while economies with an intermediate regime should develop their financial sector. Third, Zhao shows that it is particularly relevant to explore alternative early warning systems for different exchange rate regimes. In fixed exchange rate regimes, there is a marked deterioration in external indicators, such as deviations of the real exchange rate from trend and the growth of international reserves, before currency crises occur. Indicators that prove to be useful in anticipating crises in floating exchange rate regimes are credibility and monetary policy indicators, such as inflation and domestic credit growth. Both credibility and external economic indicators have predictive power for currency crises in intermediate exchange rate regimes. Finally, Zhao finds that the unbiased forward exchange rate hypothesis does hold for China in Spring 2009, but not in other periods. In the Spring of 2009 the Chinese authorities returned to peg the Renminbi to the US dollar to overcome the turmoil of the global financial crisis. These results suggest that the forward market for the Renminbi is inefficient.
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World Affairs Online
This Study of Local Organisations in Mine Action, which was requested by the United Nations Mine Action Service (UNMAS), is an assessment of the successes and failures of local mine action organisations, including their competence, effectiveness, efficiency and sustainability. It examines how, and to what extent, national governments have encouraged and supported such organisations, and whether they have given priority or preferential treatment to such rganisations in issuing contracts or funding. It examines how much external assistance has been needed to reach the necessary standards of competence, and whether the newly-formed organisations have been able to implement national standards derived from the International Mine Action Standards (IMAS), especially in the areas of quality management and financial transparency. It further considers whether the trained management capability derived from national organisations has been exploited in the formation of national mine action coordination centres or government demining commissions.
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