Suchergebnisse

The idea of solidarity has been inscribed in the international system. Its legal mechanisms are operations defined in Chapters VI and VII of the Char- ter of the United Nations. They are operations required whenever peace and security are threatened: peacekeeping operations (undertaken under article 40 for provisional measures of the UN Charter) and humanitarian interventions (warranted under Chapter VII of the UN Charter). In 1990s humanitarian intervention was thought to be the main means of solidarity. Peacekeeping operations – carried out in a fossilized, cold-war form that was not adapted to new conditions – were underestimated. The fiasco of the humanitarian inter- ventions in Somalia and Rwanda as well as a reformulation of the mandate of peacekeeping operations (expanding the tasks of soldiers and giving them the right to use power in situations other than self-defence for the purpose of the mission fulfilment) standardised the evaluation of effectiveness of the two international operations. The 2001 and 2003 abuses of the right to humanitar- ian intervention in Afghanistan and Iraq resulted in a limited international approval of such interventions in favour of peacekeeping operations. The use of peace operations was additionally encouraged by the successful reform of UN peacekeeping missions and the intensification of peacekeeping operations, carried out by the following regional and sub-regional organizations: the North Atlantic Treaty Organization (NATO), the European Union (EU), the Organization for Security and Co-operation in Europe (OSCE), the Or- ganization of American States (OAS), the African Union (AU), The Economic Community of West African States (ECOWAS) , the Economic Community of Central African States (ECCAS), and the Commonwealth of Independent States (CIS). In recent years, the peacekeeping operations have been a primary means of reaction to military conflicts and a primary form the international community have been choosing to express the international solidarity. In this context – and from the perspective of the effectiveness the idea of solidarity have been implemented with – it is important to determine the posi- tion of the operations for ensuring respect for personal rights and freedoms of people – that are a quintessence of solidarity – in the conglomerate of actions offered by peacekeeping missions. The analyses presented in this volume follow the evolution of UN, NATO and EU peacekeeping operations, and examine Polish participation in the operations to confirm the conclusions they lead to. ; Instytut Zachodni ; Joanna Dobrowolska-Polak

This paper highlights the importance of product differentiation and endogenous R&D in determining the optimal R&D policy, in a model where investment in cost reducing R&D is committed before firms compete in a differentiated-goods third-country export market. R&D is always taxed in oligopolies for high degrees of product differentiation. For lower degrees of product differentiation the duopoly is subsidized or the government remains inactive. In contrast, the monopoly is always subsidized. The government with a duopoly may be active or inactive depending on the degree of product differentiation. Thus, we may observe a reversal in the sign of the optimal R&D policy if the degree of product differentiation changes or, alternatively, if there is a change in the number of firms. Similar qualitative results hold if trade policy uses output subsidies, instead of R&D promotion.

This paper highlights the importance of product differentiation and endogenous R&D in determining the optimal R&D policy, in a model where investment in cost reducing R&D is committed before firms compete in a differentiated-goods third-country export market. R&D is always taxed in oligopolies for high degrees of product differentiation. For lower degrees of product differentiation the duopoly is subsidized or the government remains inactive. In contrast, the monopoly is always subsidized. The government with a duopoly may be active or inactive depending on the degree of product differentiation. Thus, we may observe a reversal in the sign of the optimal R&D policy if the degree of product differentiation changes or, alternatively, if there is a change in the number of firms. Similar qualitative results hold if trade policy uses output subsidies, instead of R&D promotion

International audience ; International constitutionalism is en vogue among scholars of general international law. Promoted since the 1930s in Europe and rediscovered in the 1990s, it has meant different things to different people, has been promoted for very different reasons, and has also been criticized on many different grounds. For a long time, the idea of constitutionalism worked mostly as a heuristic device of unification or coherence in times of legal fragmentation within international law and of denationalization of constitutional law, but recently it has also become a catalyst of change and a promise of increased legitimacy both of and within international law. Interestingly, and by contrast to what has been the case in discussions of European constitutionalism in recent years, international lawyers have only reluctantly started grappling with constitutional theory. They usually focus on what they take as material evidence of constitutionalization in international law, or draw, a contrario, compensatory conclusions from the deconstitutionalization of national law or the internationalization of national constitutional law. Thus, the development of relative normativity in general international law (e.g., the emergence of objective standards, the recognition of imperative international norms, the development of erga omnes rights and duties) and the emergence of new lawmakers besides states (e.g., the development of multilateral law-making under international organizations' (IOs) auspices and the increasing influence of nongovernmental organizations (NGOs)) have gradually become the bits and pieces of a reconstructed international constitutional order, whereas some of them may actually amount to little more than disparate signs of deeper legalization, integration, or institutionalization of international law.

The concept of post-conflict peacebuilding aims at assisting war-torn states and societies to avoid a relapse into armed conflict. To be successful in establishing the conditions for a sustainable peace, the international community may have to interfere with the domestic affairs of the affected country. Taking into account the transformative nature of peacebuilding, it is important that such action always be guided by clear normative standards. Legal certainty and predictability are fundamental cornerstones of any stable post-conflict order. Moreover, adherence to international law is a vital precondition for generating political and moral legitimacy. Therefore, international and local support for a specific peacebuilding process largely depends on whether the responsible actors are able to credibly demonstrate their respect for the rule of international law. The relevant question, however, remains as to what is the substance of the law applicable to such cases. Whilst international treaty law contains clear provisions governing the use of force in international relations and the conduct of the parties during an armed conflict no such specific rules exist for the post-conflict phase. In particular there is no international instrument offering a systematic and comprehensive catalogue of definite criteria for how to deal with war-torn states and societies in the aftermath of an armed conflict. Nevertheless, international law is by no means indifferent in this regard. It contains many general principles that may be applied to post-conflict situations. The purpose of this study is to identify some basic normative parameters for post-conflict peacebuilding and to sketch the contours of a modern "jus post bellum

An analysis of the Civil Liability for Oil Pollution Convention in it's legal, political and historic context together with examples. The meaning of the term recklessness in general and specifically within the context of this convention and what the term should be understood to mean and how it ought to be interpreted by the courts in any future litigation. ; Eine Analyse des internationalen Uebereinkommens ueber die zivilrechtliche Haftung fuer Oelverschmutzungsschaeden in ihrem rechtlichen, politischen und historischen Kontext mit Beispielen. Die Bedeutung des Begriffs "recklessness" im generellen und mit spezifischem Fokus auf die Bedeutung von "recklessness" im Zusammenhang mit der Konvention. Was der Begriff "recklessness" bedeutet und wie er in zukuenftigen Gerichtsfaellen von Richtern interpretiert werden sollte.

The European Union (EU) is often seen as a global leader in environmental causes ranging from climate change to biodiversity. However, in the case of sustainable forest management the EU has had difficulties in exercising influence over the international negotiation process despite initial enthusiasm amongst its member states. This thesis attempts to explain this paradox by examining the extent of the EU's influence and by studying how that influence is shaped by interest-based, institutional-based and ideational-based considerations. By disaggregating influence into three different components, the explanatory framework highlights the ways influence can be enabled or constrained. The explanatory framework is applied to the case of international forest negotiations between 1995 and 2007. This complicated and complex case is divided into three sub-cases to improve analytical clarity. The first sub-case concerns the effort to build a legal binding instrument on global forest management. The second sub-case focuses on the issue of certification. The third sub-case concerns the drive to create a global fund for financing sustainable forest management. Each case sheds critical light on the subtle and complex factors shaping the EU's influence on process and outcomes. Examining data from participant interviews, textual analysis, and secondary accounts, analysis shows that the EU's influence varied in different sub-issues within the negotiations and that the factors acting on the EU's influence are more subtle than previously understood. The findings deepen our understanding of the EU's role in global policymaking and offer insights into how the EU may help restart global forest negotiations.

That water is the world's most precious natural resource cannot be in doubt. Increasing demands for water due to growing population, increasing urbanization and industrial development exemplify its vital role in human life. Water touches us all, from the commercial private sector which either generates or uses the product potable water ; through national and international government agencies (policy makers and regulators who attempt to maintain and improve our environment, whilst also making provision for the effective and safe treatment and distribution of potable water, and the collection, treatment discharge of our wastewater) ; to the general public whose lives depend upon the availability of sufficient quality and quantity. [.]

Internet is a global market place. The rapid development of the Internet, and especially of Internet-based commerce, has largely taken place outside the standard trade-regulatory frameworks that cover most other forms of cross-border commerce. As the size of the Internet markets has grown, and as their contribution to the overall economy has become more pronounced, more attention has been given to regulatory concerns, such as traderestrictive measures, damaging the climate of trade and investment in the fields of e-commerce, informationbased services and online transmissions. One such measure is the blockage of access to websites. This paper suggests that many WTO member states are legally obliged to permit an unrestricted supply of crossborder Internet services. And as the option to selectively censor rather than entirely block services is available to at least some of the most developed censorship regimes (most notably China), there is a good chance that a panel might rule that permanent blocks on search engines, photo-sharing applications and other services are inconsistent with the GATS provisions, even given morals and security exceptions. Less resourceful countries, without means of filtering more selectively, and with a censorship based on moral and religious grounds, might be able to defend such bans in the WTO. But the exceptions do not offer a blanket cover for the arbitrary and disproportionate censorship that still occurs despite the availability to the censoring government of selective filtering.

This paper focuses on two areas of security concern for the European Union: terrorism and international crime. I present a model of game-theoretic interaction between a European state and a domestic dissident group, who, on occasion, may resort to acts of terrorism. Here, identity is crucial to the putative terrorist, providing the microfoundations of dissident group behaviour by solving the collective action problem. I also sketch a macromodel of drugs production in a conflict-ridden developing country, where I argue that demand-side policies of regulation may be better than policies that are aimed at eradicating supply. As far as the policy implications are concerned, first excessive deterrence against potential terrorists may backfire. Secondly, space needs to be created so that Muslim migrants are able to merge their personal identities within their adopted European homelands. Thirdly, the economic discrimination against Muslims in Europe needs to be redressed. Finally, aid to fragile drug producing states should be broad-based and poverty reducing, not just benefiting warlords.

ABSTRACT This paper focuses on two areas of security concern for the European Union: terrorism and international crime. I present a model of game-theoretic interaction between a European state and a domestic dissident group, who, on occasion, may resort to acts of terrorism. Here, identity is crucial to the putative terrorist, providing the microfoundations of dissident group behaviour by solving the collective action problem. I also sketch a macromodel of drugs production in a conflict-ridden developing country, where I argue that demand-side policies of regulation may be better than policies that are aimed at eradicating supply. As far as the policy implications are concerned, first excessive deterrence against potential terrorists may backfire. Secondly, space needs to be created so that Muslim migrants are able to merge their personal identities within their adopted European homelands. Thirdly, the economic discrimination against Muslims in Europe needs to be redressed. Finally, aid to fragile drug producing states should be broad-based and poverty reducing, not just benefiting warlords.

This is an Accepted Manuscript of an article published by Taylor & Francis Group in the International Journal of Sport Policy and Politics on 18th March 2009, available online: http://www.tandfonline.com/10.1080/19406940902739090 ; In the analysis of sport policy the permeability of domestic policy processes and the significance of non-domestic policy influences is increasingly acknowledged. There is also a growing awareness of the role of domestic institutional arrangements in mediating influences external to the domestic policy system. Taking the interaction between non-domestic influences and domestic policy processes as its starting point the article evaluates, in relation to elite sport, the variety of mechanisms that have been identified as linking the domestic and non-domestic policy spheres. It is argued that the mechanisms vary in relation to the locus of initiative, the basis of engagement, the key relationships and the nature of power relationships. It is also argued that in many countries in relation to elite sport policy there is a dual process in operation of domestically initiated policy learning and non-domestically initiated policy harmonisation through policy regimes.

This paper investigates the economic incentives of countries to cooperate on international adaptation financing. Adaptation is generally implicitly incorporated in the climate change damage functions as used in Integrated Assessment Models. We replace the implicit decision on adaptation with explicit adaptation in a multi-regional setting by using an adjusted RICE model. We show that making adaptation explicit will not affect the optimal mitigation path when adaptation is set at its optimal level. Sub-optimal adaptation will, however, change the optimal mitigation path. Furthermore this paper studies for different forms of cooperation what effects international adaptation transfers will have on (i) domestic adaptation and (ii) the optimal mitigation path. Adaptation transfers will fully crowd out domestic adaptation in a first best setting. Transfers will decrease overall mitigation in our numerical simulations. An analytical framework is used to analyse the most important mechanisms and a numerical model is used to assess the magnitude of effects.

In order to join the European Union, Romania, as well as the other member countries, must accomplish certain criteria, among which we can mention the adopting of the acquis communautaire. Thus, two Guidelines can be considered the basis of the acquis communautaire for the field of the accounting of the corporations: The Fourth Guideline of the Counsel (78/660/EEC) concerning the yearly accounts of the business corporations and the Seventh Guideline of the Counsel (83/349/EEC) concerning the consolidated accounts of the business corporations. Since these two guidelines does not cover the banking industry and the insurance industry, there were adopted two Guidelines in order to cover the problems that appear in the yearly accounts (financial situations) of these two sectors (The Accounts Guideline of the Banking Industry from 1986 and The Accounts Guideline of the of the Insurance Industry from 1991). These four Guidelines are considered to be the fundamental pillars of the acquis, with relevance.

This paper analyzes firms' choices regarding the geographic scope of patent protection within the European patent system. We develop an econometric model at the patent level to quantify the impact of office fees and translation costs on firms' decision to validate a patent in a particular country once it has been granted by the EPO. These costs have been disregarded in previous studies. The results suggest that both translation costs and fees for validation and renewals have a strong influence on the behavior of applicants. The estimates are then employed to simulate the impact of the London Protocol, a recent policy reform which reduces translation requirements in the European patent system. National validations of patents granted by the EPO are estimated to increase by 29%. ; info:eu-repo/semantics/published