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The establishment and maintenance of order—that is, of settled rules and arrangements that regulate actors' behavior—is central to politics at all levels, including the international level. Political order, after all, is a requisite for modern human existence. Given the priority of the problem of order, the most important questions that can be addressed in an introductory International Relations (IR) course are those that concern the sources, nature, and historical evolution of international order. But a survey of conventional introductory IR textbooks reveals that these questions are typically dealt with glancingly or ignored altogether. Thus a strong case can be made that conventional IR textbooks overlook a vital aspect of the subject they are intended to cover. This failure appears to arise from an effort by IR textbook authors to explain international politics in terms of timeless dynamics that exist apart from history. But excluding history as a source of explanation comes at a high cost. In effect, it prevents textbooks from adequately weighing the significance of the historically specific bargains that have provided the foundation for international order in modern times.

It has never been clear, however, which circumstances of negotiation and conclusion of international agreements contribute to new rules of customary law. The issues can be appreciated if one goes beyond generalities and explores the relationship of specific agreements to customary law. Such an examination has been facilitated by the American Law Institute's Restatement of the Foreign Relations Law of the United States (Revised) which contains a contemporary review of a wide range of public and private international law topics. This Restatement represents the views of some of the best international law experts of the United States and abroad. It is also an extremely important contribution to the law in its own right. For these reasons, this article will use the Restatement as a starting point for examination of the function served by international agreements in the development of customary law. This examination shows the difficulties that are presented when international agreements are so used. It may be possible, however, to identify some factors which would help to distinguish those agreements which may appropriately give rise to customary international law and those which may not.

There is no international bankruptcy law, but only the national bankruptcy laws of various states. The failure of a multinational firm therefore raises difficult questions of conflict and cooperation among national bankruptcy regimes. Theorists have proposed various reforms to the uncoordinated territorial approach that most states pursue when a multinational firm suffers financial distress. Among these reform proposals, universalism has long been the dominant idea. Under universalism, the bankruptcy regime of the debtor firm's home country would govern, and that regime would have extraterritorial reach to treat all of the debtor's assets and claimants worldwide. Despite its conceptual dominance, universalism has yet to find vindication in any concrete policy enactments. No universalist arrangements exist. While recent challenges to universalism have emerged, the current lively debate over universalism and rival proposals focuses almost exclusively on their comparative efficiencies. This article provides an entirely new perspective. Applying insights from elementary game theory and international relations theory, I show that universalism is politically implausible. Even for states interested in establishing universalist arrangements, they will be unable to do so. They will find themselves caught in a prisoners' dilemma with no ready solution. I conclude therefore that universalism holds only dubious promise as a prescription for international bankruptcy cooperation.

Herman Greulich ; Volltext // Exemplar mit der Signatur: München, Bayerische Staatsbibliothek -- H.un.app. 346 x

Um die ökologische Effektivität der im Juni 1992 vereinbarten Klimarahmenkonvention und ihrer zukünftige Protokolle sicherzustellen, ist eine Kontrolle der Vertragstreue der Vertragsparteien (Verifikation) nötig. Eine wirksame Verifikation i. e. S. ist aber in dem sich abzeichnenden Klimaregime gegenwärtig und wahrscheinlich auf absehbare Zeit nicht durchzusetzen. Die Hindernisse einer wirksamen Vertragsüberprüfung sind erstens die mangelnde Verifikationseignung der meisten Verifikationsobjekte und zweitens die mangelnde Akzeptanz durch die Vertragsparteien. Ausgangsthese der vorliegenden Analyse ist, daß die unzureichende Akzeptanz als Hindernis von Klimaverifikation durch eine Vorbereitung von Verifikation in den bereits arbeitenden Umweltmeßnetzen umgangen werden kann. Es gibt mehrere Umweltbeobachtungsmeßnetze, die sich mit den Medien Luft und Atmosphäre befassen. Sie sind in ihrer gegenwärtige Gestalt nicht für die Übernahme von Verifikationsaufgaben in der Klimapolitik geeignet. Einzelne Elemente hingegen sind durchaus brauchbar, andere müssen modifiziert oder ausgebaut werden. $\textbf{Technische, organisatorische und wirtschaftliche Aspekte}$ Die $\textbf{Nutzung bestehender LuftmeBnetze spart Ressourcen}$. Denn es kann auf bestehende Einrichtungen sowie auf vorhandene Arbeitskraft und Expertise in Internationalen Organisationen zurückgegriffen werden. Damit werden laufende Kosten und Investitionskosten gespart. Außerdem ist in dem Maße, in dem bestehende Einrichtungen schon genutzt werden können, Zeit gewonnen, die sonst die Anlaufphase von Meßsystemen kennzeichnet. [.]

This comment will demonstrate how discrepancies among product li- ability standards and different interpretations of their application have cre- ated fear and uncertainty in the pharmaceutical industry. This fear has caused distortions in the market, increased costs for both manufacturers and consumers, and chilled the research and development of new products. To combat these problems, this comment proposes that the United States, the European Union, and Japan work together to create a new international, uniform system of product liability for pharmaceutical products. Harmo- nizing the standard of liability for pharmaceuticals among these regimes has proven inadequate to stop inconsistency and uncertainty. This comment proposes the creation of an International Drug Administration (IDA), com- prised of members from different countries that would serve as an interna- tional regulatory agency promulgating registration and development requirements for new drugs on the international market. A special subset of the IDA would serve as an administrative tribunal for liability cases. The IDA tribunal would provide a uniform system of product liability, compen- sating consumers for injury but not punishing manufacturers without fault. Part II of this comment will introduce the current liability standards for pharmaceutical products in the United States, the European Union, and Ja- pan, and will explain how these standards developed and how they differ from each other. Part I will then illustrate how these differences translate into uncertainty and how that uncertainty negatively affects the pharmaceu- tical market. Part IV will introduce the concept of international regulation of the pharmaceutical industry through an IDA. Finally, Part V will explain how this IDA would act as an administrative tribunal for pharmaceutical product liability claims. This system would eliminate inconsistency and uncertainty in product liability and provide a better, more uniform system of product liability for the pharmaceutical industry.

The global economy has in recent years been characterized among other things by large imbalances between countries and regions, capital flow volatility, and large reserve accumulation by several countries, in some cases well beyond any reasonable measure of reserve adequacy. The global imbalances were most clearly reflected in large current account deficits in the US and large current account surpluses in many emerging market economies in Asia and elsewhere. The surpluses were in at least some cases the result of aggressive export oriented policies and limited exchange rate flexibility. Persistent large imbalances are themselves a potential source of disruptive developments, and the policies of the largest reserve accumulators are likely to have played a role in creating the conditions that brought about the global financial crisis. The report of a high level EU group of experts concluded among other things that ―credit expansion in the US was financed by massive capital inflows from the major emerging countries with external surpluses, notably China. By pegging their currencies to the dollar, China and other economies such as Saudi Arabia in practice imported loose US monetary policy, thus allowing global imbalances to build up. Current account surpluses in these countries were recycled into US government securities and other lower-risk assets, depressing their yields and encouraging other investors to search for higher yields from more risky assets. In this environment of plentiful liquidity and low returns, investors actively sought higher yields and went searching for opportunities. Risk became mis-priced.

The global economy has in recent years been characterized among other things by large imbalances between countries and regions, capital flow volatility, and large reserve accumulation by several countries, in some cases well beyond any reasonable measure of reserve adequacy. The global imbalances were most clearly reflected in large current account deficits in the US and large current account surpluses in many emerging market economies in Asia and elsewhere. The surpluses were in at least some cases the result of aggressive export oriented policies and limited exchange rate flexibility. Persistent large imbalances are themselves a potential source of disruptive developments, and the policies of the largest reserve accumulators are likely to have played a role in creating the conditions that brought about the global financial crisis. The report of a high level EU group of experts concluded among other things that -credit expansion in the US was financed by massive capital inflows from the major emerging countries with external surpluses, notably China. By pegging their currencies to the dollar, China and other economies such as Saudi Arabia in practice imported loose US monetary policy, thus allowing global imbalances to build up. Current account surpluses in these countries were recycled into US government securities and other lower-risk assets, depressing their yields and encouraging other investors to search for higher yields from more risky assets. In this environment of plentiful liquidity and low returns, investors actively sought higher yields and went searching for opportunities. Risk became mis-priced.

This paper addresses the puzzle of why, and under what conditions, international organizations cease to exist. International relations literature offers rich explanations for the creation, design and effectiveness of international institutions and organizations, but surprisingly little effort has gone into studying the dynamics of IO termination. Yet if we want to understand why and under what conditions international organizations endure, we must also explain why they often fail to do so. The present paper formulates and tests theoretical conjectures about IO termination using a combination of statistical analysis and historical case studies. My analysis is based on an original dataset covering the period 1815-2016. I find that exogenous shocks is a leading proximate cause of IO deaths since 1815 but that international organizations that are well-established, have large memberships and technical mandates have higher survival rates. My analysis leads me to suggest a number of refinements to existing theories institutional robustness.

Changes in the role of collective action at the international level, in the international economic environment, and, most importantly, our better understanding of economics in general require that we rethink the role of international financial institutions (IFIs). For multilateral development banks like the World Bank, their central mission, the promotion of growth and the reduction of poverty, is clear. The steps toward fulfilling this mission in a changing world are also relatively clear, and many of these institutions have already begun processes of renewal. But all of the IFIs have, in one way or another, also been involved in crisis management, especially in recent years. Here, future roles are less clear because they depend on the redefinition of the international financial architecture - a redefinition that has been hotly debated, but has not yet crystallised into a shared vision. The theoretical underpinnings - as well as the practical implementation - of alternative visions will require far more development before clarity on a future role will be attained. In this essay, I will address these questions from the perspective of the theory of international public goods, which is a powerful way to organise our thinking both on why we have IFIs in the first place, and the role that they should play in a changing world.

This book presents a distinctive approach to the study of war and its law. It provides a vehicle for students from various disciplines -- historical analysis, international relations theory, law and economics, behavioral economics and psychology, science and technology (including the study of the environment), sociology, political philosophy, moral and ethical theory, and comparative religion -- to work together in addressing the cutting edge issues presented in the modern law of war. Practical activity in the law of war – in governments, international governmental and nongovernmental organizations, and elsewhere -- now requires an ability to understand the language of practitioners in other disciplines who participate in the formation of new norms and their application in the law of war; and practitioners in those other disciplines who participate in the formation and application of the law of war now also need to have an understanding of the distinctive features of international law as a separate discipline. Thus, much as war itself is too important to be left to generals, the law of war is too important to be left to international lawyers alone. The book can be used in research seminars in international law at law schools, graduate programs in these various disciplines, and even in advanced courses at the undergraduate level, with the goal of enabling students to develop interdisciplinary fluency in discussion of the case studies ranging from the Melian Dialogue to the Nuclear Weapons Advisory Opinion of the International Court of Justice. ; https://scholarship.law.edu/fac_books/1128/thumbnail.jpg

Bound with the author's Terrorismus und Kommunismus. 1920. ; Mode of access: Internet.

1 Introduction – An Empirical-Normative Turn in Research on Legalization 2 Legalizing International Relations 3 Democratic Participation in International Institutions 4 Legalization, Democracy, and Politics – A Harmonious or Tension-Ridden Relationship? 5 Methodology 6 Biotechnological Patents – Regulation, Interests, and Affectedness 7 Empirical Analysis of Legalization across International Institutions – Selective Expansion with the Handbrake On 8 Empirical Analysis of Democratic Participation in International Institutions – Undemocratic Trends to Different Extents 9 Legalization's (Un)Democratic Forces at Work 10 Conclusion – Laying Down the Law Appendix Bibliography ; A deeper understanding of international legalization's effect on democratic participation in international institutions is urgently needed. Policies that were formerly regulated within the domestic context have been subjected to international law (IL). This has resulted in a growing number of international agreements and bodies. Some of these institutions gained new legal quality in terms of their legal obligations, procedural rules, and dispute settlement. With this trend of growing international legalization, also the normative expectations of IL have increased. In particular the key standard of democratic participation has to be met by international institutions to be considered legitimate in the long run. This crucial relationship between international legalization and democratic participation has been neither systematically theorized nor empirically researched so far. The project forms part of a larger research strand on the interplay between law, politics, and democracy. By introducing a model of legalization's structure-inherent and actor-dependent effects, I demonstrate that legalization's costs cause powerful actors to restrict democratic participation in highly legalized international institutions. Only a formalization of membership rules tends to have a positive impact on democratic access. Biotechnological patents serve as field of ...

The article is devoted to the examination of the formation of new vectors for international relations development within the global format of cooperation. The establishment and unification of BRICS in the international legal sphere through a wide range of common interests and views of its members towards issues facing the modern world reflect objective tendencies of world development to the formation of amultipolar international relations system and determination of particular large country actors of broad integration and having many dimensions. The authors reveal particular characteristics of the international-legal status of BRICS, which make it possible to have an effective impact on challenges facing the modern world. The legal BRICS status differs crucially from traditional legal approaches to international organizations. Acting as a special subject of world politics, creating more trusted interaction conditions, BRICS focuses its attention on the alternative world order principles within the new model of global relations. Such a format of multilateral cooperation, as well as more trusted and additional mechanisms of international interaction, gives the members an opportunity to demonstrate their geopolitical and geoeconomic world significance, and in addition their demanded humanitarian role, which, as the analysis of the mentioned actor demonstrates, is aimed at forming its own interaction model. The logic of the BRICS agenda extension to the level of an important global management system element demonstrates the goal in the field of action and, accordingly, intensive progress of humanitarian imperatives. For these humanitarian imperatives, the issues of international peacekeeping, security, protection, encouraging human rights and providing stable development are an objective necessity, especially for active demonstration of the members' viewpoints on the international scene. For understanding the process of the alignment of international security humanitarian imperatives it is necessary to study the existing objective needs in conjunction with each country, member of BRICS.

An idiosyncratic array of international rules allows "consultants" to gain special access to international officials and lawmakers. Historically, many of these consultants were public-interest associations like Amnesty International. For this reason, the access rules have been celebrated as a way to democratize international organizations, enhancing their legitimacy and that of the rules they produce. But a focus on the classic public-law virtues of democracy and legitimacy produces a theory at odds with the facts: Many of these international consultants are now industry and trade associations like the World Coal Association, whose principal purpose is to lobby for their corporate clients. The presence of these corporate lobbyists challenges the conventional view, which I call strong legitimacy optimism, by focusing a set of longstanding critiques: Consultant associations are not always representatives of the "global public" and consultation is not robust participation in governance. Moreover, the access rules both overregulate and underregulate access to lawmakers. This critique is particularly salient in the context of business lobbying, where the access rules do not balance the costs and benefits of business access to international lawmaking and governance. This Article introduces a theory of international lobbying law. Reframing the international access rules as a body of lobbying regulations delivers explanatory and normative payoffs by identifying (1) the full array of actors who obtain access (public interest and private sector alike); (2) the quantum of access that the current system delivers (informal lobbying, not participation in governance); and (3) new regulatory strategies. Specifically, two regulatory models emerge. One draws on the flawed but best-available registration and disclosure norms of domestic lobbying regulation. The other is a multistakeholder model pioneered by twenty-first-century public-private partnership organizations. The Article develops an original typology to organize and ...