Suchergebnisse

There are two functions of the state liability principle. The first is to secure individual rights (including economic rights) from a wrongful act conducted by a government, and the second is to compensate for damage caused by the infringement of individual right. Economic right is inherently allowing an individual to pursue economic interest both domestically or globally. In order to accommodate this right, a government is obliged to provide trade rules and mechanisms for every individual to conduct their global economic activities by participating in the WTO. The objective of the WTO significantly corresponds to the individual's right in order to obtain trade benefits. Hence, when a government infringes trade rules and mechanisms underlined in WTO Law, it will directly restrict individuals from gaining trade benefits under the WTO or, moreover, it will restrain individuals from enjoying their inviolable economic rights. When the right is violated, and the damage occurs, it thus leads to the obligation for the government to compensate the damage according to the state liability principle. This article discusses the nexus between the state liability principle and WTO Law, in order to encourage national courts to exercise the function of state liability by referring to the infringement of economic rights caused by the violation of WTO Law.

Being a part of the social world, international law is not closed nor isolated system -- on the contrary, it is in an intimate interaction with international relations & politics. Richard Falk, Professor of International Law, taught for example at the Princeton University & presently at the University of California, Santa Barbara. He is interested in the connections between IL & IR & is a prolific writer on this topic. Two of his last books, The costs of War -- International Law, the UN & World Order After Iraq (2008) & Achieving Human Rights (2009) are reviewed in this essay in highly critical manner. In the essay, Falk's normative inquiry into the legal & political developments is contrasted with the latest discussions in both the International Law & International Relations. In the review essay, Falk is criticized for his unconvincing criticism of the US foreign policy, for his intellectual shortcuts & excessive idealism. However, very interesting & significant parts of both books are emphasized & Falk's books are considered to be worth reading. His insight into the international legal problems & into the developments of human rights is outstanding. Adapted from the source document.

The main objective of WTO Law is to accommodate individual's right in order to obtain better benefit of international trade. However, when a government violates WTO Law, it is therefore causing deprivation of individual right itself. Direct effect seems to be a feasible doctrine to provide a judicial protection for individual, in order to rebalance the right that is violated. Nevertheless, this doctrine is intractable to imply. This article discuss the polemic of giving direct effect of WTO Law and DSB Decision to domestic law to provide judicial protection for individual who becomes victim of WTO violation conducted by government

The article deals with the phenomenon of the naval blockade in peacetime. Instituting a naval blockade is an extensively used policy in international politics, both in history and in the contemporary world. The peacetime naval blockade is firstly defined and theoretically classified. This is followed by an analysis of several peacetime naval blockades, which serves to illustrate the limits of the effectiveness of such blockades. The analysis comes to the conclusion that there are many limitations on the effectiveness of the peacetime naval blockade, the most significant being that this kind of blockade has no formal rules and no background in international law. It also comes to the conclusion that an effective naval blockade in peacetime must be based on a complex approach and be part of a package of diplomatic measures. Also, it appears that such blockades themselves can have some deeper psychological effects, not only economic, political or military ones. Adapted from the source document.

Paradiplomacy is still relatively a new phenomenon for government activity in Indonesia. Paradiplomacy refers to the behavior and capacity to engage in foreign relations with foreign parties carried out by 'sub-state' entities, or regional governments / local governments, in the context of their specific interests. The term 'paradiplomacy' was first launched in an academic debate by Basque scientists, Panayotis Soldatos in the 1980s as a combination of the term 'parallel diplomacy' into 'paradiplomacy', which refers to the meaning of 'the foreign policy of non-central governments', according to Aldecoa , Keating and Boyer. Another term that was put forward by Ivo Duchacek (New York, 1990) for this concept is 'micro-diplomacy'. In this work, author explain the paradiplomacy into ten section such as: (1) Introduction; (2) Interaction Transnational and Paradiplomacy; (3) Paradiplomacy in the Indonesian Law Context; (4) Paradiplomacy in the International Law Context; (5) Diplomacy by Local Government; (6) Technical Regulation on the Implementation of Paradiplomacy in Indonesia; (7) International Cooperation by the Special Regional Province of Yogyakarta, Indonesia; (8) The Chronology of International Cooperation by the Local Government in Indonesia; (9) Inputs for the Revision of Indonesian Law on International Cooperation and (10) Epilog.

This article presents a review of the currently debated options for regulations of activities of private military companies (PMCs). This topic is a matter of pondering in the foreign literature. It primarily reflects on the massive use of PMCs in Iraq and Afghanistan, which, however, merely illustrates the broader shortcomings resulting from the prolonged absence of clearly defined and enforceable mechanisms for the monitoring and control of the accountability, transparency and effectiveness of PMCs' activities. The goal of this article is therefore not only to present the practical, legal, economic, and political pros and cons of the possible regulation frameworks, but also to illustrate why it is still so difficult to reach a consensus on a regulation framework that would be acceptable to all the relevant actors. Adapted from the source document.

This article presents a comparison of three approaches to international justice. The first part of the article focuses on the realist paradigm, the second section analyzes various liberal approaches, and the third part presents the basic ideas of neomarxism. The largest part of the article is devoted to a critical discussion of existing liberal approaches -- liberal institutionalism (R. Keohane), political liberalism (J. Rawls), democratic liberalism (J. Habermas), globalist utilitarianism (P. Singer), globalist egalitarianism (Ch. Beitz, T. Pogge), and liberal impartialism (B. Barry). The article concludes by synthesizing the insights of the three broad normative positions into a realist, yet at the same time critical, liberalism. Adapted from the source document.

Dinamis komitmen Masyarakat Internasional dalam isu kontrol atas pemanasan global telah dikembangkan sejak tahun 1919 sampai sekarang. Dari daftar perjanjian - perjanjian internasional yang ada, dapat dilihat seberapa kuat komitmen komunitas global dalam isu-isu lingkungan, pemanasan global serta perubahan iklim. Sayangnya, dapat disimpulkan, bahwa perjanjian-perjanjian internasional begitu terfragmentasi dan oleh karena itu, sulit untuk dilaksanakan membandingkan dengan instrumen hukum lingkungan internasional pada umumnya. Namun, kemauan politik dari negara nasional adalah inti untuk membuat agenda internasional. Hal ini dikarenakan niat yang baik dari suatu pemerintahan dapat membawa hal yang baik bagi negara maupun rakyatnya, khususnya lagi dalam pengendalian global warming.Sehingga dalam hal ini negara juga mempunyai peranan dalam mewujudkan kelestarian lingkungan bagi rakyatnya, hal ini juga secara tidak langsung merupakan bagian dari kewajiban negara untuk menjaga stabilitas dan kelangsungan hidup rakyat dan kelestarian sumber daya alam yang di kandung negara tersebut, demi kesejahteraan dan kemakmuran seluruh rakyat.