Suchergebnisse

The thrust of this Paper is to analyse the transformation of international custom construction and creation from the model of state practice supported by opinio iuris to a new concept reflected in the judicial decision of the international criminal tribunals, with the main emphasis being on the case law of the International Criminal Tribunal for the former Yugoslavia. The following questions are examined in analysing the interpretation, application, and in some instances, also the creation of customary international norms: from which sources do the judges look for evidence of customary international law? Is the requisite of actual state practice diminishing? What is the significance of international treaties, reports of international committees, and international case-law as sources of custom? Does the case law of the tribunals show that the role of the judge is more prevalent than traditionally in the formation of customary international law, at least in the area of international criminal law? The first part of the paper offers an analysis of customary law in the International Military Tribunal of Nuremberg, which, along with many post-Second World War legal instruments, case law, and academic commentary, has contributed to and clarified the content of customary norms in international criminal law. The second part reviews the decisions of the International Criminal Tribunal for the former Yugoslavia in relation to the concept, formation, and context of customary norms. In addition, the aim is to examine if the approach of the Tribunal on the construction of customary norms has changed during its period of functioning. The role of the judge in construction and in some instances, creation of customary international norms is discussed with references to the judicial decisions of the Yugoslavia Tribunal. I conclude that the dynamic approach adopted by judges in the construction of customary law in some cases of the Yugoslavia Tribunal is not unprecedented in the decisions of international courts. The third part discusses the problem of conflicting norms that may arise in the application and construction of customary criminal norms in international criminal tribunals. First, I conduct a limited conceptual and historical analysis of the principles of legality, the nullum crimen sine lege and the nulla poena sine lege principles, and I attempt to answer the substantive issues: how can the principles of legality be retained in the application of customary international norms by the international judge, and whether the progressive formation of custom (moving away from the requirement of 'constant and uniform state practice' supported by opinio iuris) destabilises legal certainty, which should be especially endorsed when an individual's (here meaning the accused) freedom is at issue? The final dilemma in relation to conflicting norms is that of deducing international criminal norms that give rise to individual criminal responsibility directly from treaties that were intended to be applied between the state parties. I conclude this paper by stating that the judges not only interpret, but also have an impact on the formation of customary international law because their decisions can be seen as evidence of (international) practice or as a reflection of opinio juris. Finally, this paper shows that there is a definite need for greater consistency in the formation of customary international norms in international criminal tribunals.

Potential synergies between international trade and tourism are viewed optimistically by governments, yet research to assess their association is limited. To gain an understanding of trade and tourism relationships, this paper reports on a study which examines both product-related and tourism-related place image effects on consumer behavior simultaneously. Using the U.S. as the country of focus, key product and travel relationships are measured by structural equation modeling of consumer data from South Korea. Findings support the cross-over effect between one's beliefs about a country as a destination and as a producer, and one's willingness to travel to it and/or buy its products, and most strongly, that product beliefs affect views of travel destinations.

Non-profit organizations are increasingly subjected to the forces of globalization. Although this should not come as a surprise, it is curious to note that the taxation of international philanthropy is an area where discrimination as to residence is still very obvious. Whereas domestic philanthropic flows of money enjoy substantial tax privileges throughout the democratic western world, these privileges often do not apply in situations where borders are crossed. In recent years the importance of support from charities and social investments has increased substantially, but cross-border philanthropy still remains hampered by numerous tax issues. By comparing the relevant legal and tax systems in selected countries, and by taking into account other legal developments relevant to international philanthropy, the author attempts to find a common approach to solve the tax obstacles of international philanthropy. The book begins by defining the scope of the study including the concept of 'landlock', political philosophies substantiating tax relief for philanthropic organizations and an analysis of bilateral treaties. This is followed by a comprehensive and comparative overview of the approach taken in three legal and tax systems regarding international philanthropy, i.e. Germany, the Netherlands and the United States. The work also examines whether EU law allows states (within and without the EU) to maintain 'landlocked' tax positions and, if so, under what type of conditions this may be permitted. Finally, the book concludes with a proposal of a new paradigm of non-discriminating treatment of philanthropy by examining ways to abolish landlocks.

Res-Publica : Revista Lusófona de Ciência Política e Relações Internacionais ; Em consequência da globalização e dos actuais conflitos mundiais, milhares de pessoas deixaram a sua pátria para viver durante alguns anos noutros países, frequentemente junto dos seus familiares. Alguns partem pela sua própria vontade, porque trabalham para o seu Governo, para as suas empresas ou para uma organização internacional, porque querem estudar no estrangeiro ou simplesmente porque procuram um emprego e uma vida melhor. Outros, normalmente num contexto violento, são forçados a partir e apenas procuram paz e apoio. Este artigo apresenta um panorama das contribuições da Psicologia para as relações internacionais (RI). Propõe cinco tipos de actores de RI: diplomatas(incluindo pessoal consular e administrativo), voluntários internacionais (ONG e participantes em missões de paz), expatriados (incluindo estudantes), migrantes (documentados e não documentados) e refugiados. Define as suas tarefas (e/ou necessidades) e os problemas inerentes, também para a família. Depois, trata as seguintes áreas de pesquisa que podem ajudar os actores a realizar as suas tarefas e resolver os seus problemas: análise de acontecimentos políticos, análise de conflitos; resolução e prevenção; negociação e mediação; tomada de decisão, análise da linguagem, análise de factores culturais,operações de peacekeeping & desenvolvimento da paz pós-conflito, saúde mental, e know- -how e gestão organizacional. É feita uma breve consideração sobre cada área, enfatizando assuntos práticos. ; As a consequence of globalization and current world conflicts, thousands of people leave their homeland, to live some years in other countries, often together with their families. Some leave on their own decision, because they work for their Government, for their enterprise or for an international organization, because they want to study abroad or simply because they are looking for a job and a better life. Other persons are forced to leave, usually in a violent context, and they just look for peace and relief. This paper presents a panorama of the contributions of Psychology to the international relations (IR). It proposes five types of actors of IR: diplomats (including consular and administration personnel), international volunteers (NGOs and participants in peace missions), expatriates (including students), migrants (documented and undocumented) and refugees. It defines their tasks (and/or the needs) and the inherent problems, also for the family. Then, it reviews the following research fields, that can help the actors to accomplish their tasks and to resolve their problems: analysis of political events; conflict analysis, resolution & prevention; negotiation & mediation; decision making, analysis of language, analysis of cultural factors, peacekeeping & post conflict peace building, mental health, and organizational & management know-how. A brief account of each field is made, emphasizing practical issues".

2012 Summer. ; Includes bibliographical references. ; In recent years there have been broad and important debates about whether international environmental justice is attainable within the liberal model. This issue warrants examination, particularly in a context which reflects the strongest possible potential for liberal claims. An especially potent commendation of the liberal model is found in North-to-South foreign direct investment, where liberal advocates identify investment as a key strategy to improve the life chances of the poor. However, foreign direct investment today reflects in many cases dimensions of injustice as between investor and affected populations. Such injustices arise in particular where an investment project taps into local resources such as land, air, water, precious metals, and so on without sufficient participation by affected persons in the benefits of such resource access. These sorts of inequities are especially troubling where the investor originates in one of the wealthier countries of the global North and the recipient country and affected population resides in the global South. This study attempts to then answer the question: may such injustices be remediated within the scope of a liberal model of economic activity and development? That is, can liberal prescriptions for justice be satisfied by liberal economic precepts and patterns? The study first posits a social liberal amendment to dominant contemporary neoliberal understandings. The analysis then turns to the World Bank Group's International Finance Corporation as a potential best-case example of efforts to render North-South foreign direct investment more environmentally sound. In particular, the study asks whether the policies and programs of the International Finance Corporation may be fairly seen to accommodate liberal justice precepts. Culling the existing literature, and employing evidence gleaned from documentary analysis and in-person interviews, the study asks whether the International Finance Corporation is durably engaged in advancing international environmental justice in financed projects. Through a deconstruction of International Finance Corporation documents and case studies of a purposive sample of recently-financed projects the study asks whether there is more going on at the International Finance Corporation than mere environmental window-dressing. The analysis shows that a social liberal international environmental justice is being advanced, but not evenly. The study concludes that a stronger implementation of international environmental justice is possible within the social liberal model, but that improvements are needed.

This paper develops a proposal for an international multilevel competition policy system, which draws on the insights of the analysis of multilevel systems of institutions. In doing so, it targets to contribute to bridge a gap in the current world economic order, i.e. the supranational governance of private international restrictions to market competition. Such a governance can effectively be designed against the background of a combination of the well-known nondiscrimination principle and a lead jurisdiction model. Put very briefly, competition policy on the global level restricts itself to the selection and appointment of appropriate lead jurisdictions for concrete cross-border antitrust cases, while the substantive treatment remains within the competence of the existing national and regional-supranational antitrust regimes.

Politicians travel extensively abroad, for various reasons. One purpose of external visits is to improve bilateral economic relations. In this paper, I examine the effect of state visits on international trade. I use a large data set covering the travel activities of the heads of state of France, Germany and the United States between 1948 and 2003. My results indicate that state and official visits are indeed positively correlated with exports. A typical visit is associated with higher bilateral exports by about 8 to 10 per cent, holding other things constant.

The current study examines individuals who were raised in a certain religion and at some stage of their life left it. Currently, they define their religious affiliation as 'no religion'. A battery of explanatory variables (country-specific ones, personal attributes and marriage variables) was employed to test for the determinants of this decision. It was found that the tendency of individuals to leave their religion is strongly correlated with the degree of strictness of their country and with their spouse's religious characteristics. Moreover, personal socio-demographic features seem to be less relevant.

Politicians travel extensively abroad, for various reasons. One purpose of external visits is to improve bilateral economic relations. In this paper, I examine the effect of state visits on international trade. I use a large data set covering the travel activities of the heads of state of France, Germany and the United States between 1948 and 2003. My results indicate that state and official visits are indeed positively correlated with exports. A typical visit is associated with higher bilateral exports by about 8 to 10 per cent, holding other things constant.

If cultural practices shape experience and expectations, they need to be identified and made accountable based on empirical research. Drawing on international relations (IR) theory, international law and normative democratic theory this article develops a framework approach to studying the contested meaning of norms in international politics under conditions of constitutionalisation beyond the nation-state. The goal is to formulate observations and identify a design for empirical research, which is suitable to examining the "invisible constitution" of politics, that is, the individually held associative connotations which inform contested interpretation of normative meaning. To do so, the article is organised in two parts. Part I derives research assumptions and hypotheses from the literature. It turns to the distinction of types of norms and conditions of norm contestation in section 1, identifies research assumptions and hypotheses in section 2, argues to bring culture back into constitutionalism in section 3, and summarises the guiding question of convergence, divergence, or diffusion of normative meanings in section 4. Part II then focuses on research operationalisation. Section 5 elaborates on the rationale of the research framework and type of enquiry. Section 6 highlights the method of interview evaluation. Section 7 identifies the research indicators including type of social group to be interviewed, fundamental norms that are likely to be contested, domestic political arenas in which the social groups operate, and issue areas linked with core constitutional norms. Section 8 summarises the case study's design and procedure. ; Wenn es zutrifft, dass kulturelle Praxen Erfahrung und Erwartungen prägen, dann müssen sie eindeutig bestimmt und für die empirische Forschung als aussagekräftig gewertet werden. Mit Bezug auf die Theorie der Internationalen Beziehungen (IB-Theorie), Internationales Öffentliches Recht und normative Demokratietheorie entwickelt dieser Artikel einen Ansatz, um die umstrittenen Bedeutungen von Normen in der internationalen Politik unter der Bedingung von Konstitutionalisierung jenseits des Staates zu erforschen. Ziel ist es, ein Forschungsdesign zur Untersuchung der unsichtbaren Konstitution von Politik, das heißt, zur Erforschung von individuell gehaltenen assoziativen Konnotationen, die zur umstrittenen Interpretation normativer Bedeutung führen, zu entwickeln. Diese Überlegungen werden in dem Papier in zwei Teilen vorgestellt. Teil I entwickelt Forschungsannahmen und Hypothesen aufgrund der relevanten Literatur im ersten Abschnitt. Er zeigt unterschiedliche Typen von Normen und Bedingungen von Normumstrittenheit auf (Abschnitt 1), definiert Forschungsannahmen und Hypothesen (Abschnitt 2), argumentiert für die Rückbesinnung auf die Dimension der Kultur im Konstitutionalismus (Abschnitt 3) und schließt mit der Leitfrage nach Konvergenz, Divergenz oder Diffusion normativer Bedeutungen (Abschnitt 4). Teil II richtet den Blick auf die Operationalisierung des Forschungsdesigns. Er stellt die Forschungslogik und Art der Untersuchung (Abschnitt 5), die Methode der Interviewauswertung (Abschnitt 6) und die Forschungsindikatoren nach sozialer Gruppe, Fundamentalnormen und politischen Arenen (Abschnitt 7) vor. Abschnitt 8 fasst das Forschungsdesign und -vorgehen zusammen.

Metadata only record ; Conservation International has obtained a 30-yr Timber Sales agreement from the Guyana government to manage 81,000 hectares of rain forest. They are attempting to show that conservation can pay for itself, and are paying acreage fees comparable to that of active timber concessions. ; PES-1 (Payments for Environmental Services Associate Award)

Metadata only record ; To avert the continuous loss of forest resources in the NSMNP, various programs were initiated in the watershed. These include the NSMNP-Conservation cum Development Project11, funded by the Dutch Government and managed by Plan International. There were also the community based forest management (CBFM) projects under the Natural Resources Management Program (NRMP) funded by USAID - established mostly in designated buffer zones to protect the area's remaining residual and old growth forests. In addition, there was also the Community-based Forestland Regeneration and Related Research Project - jointly undertaken by Plan International and Cagayan Valley Program of Environment and Development (CVPED) with funding also from USAID. In addition, the LGU was also tapped to provide funding for resource management initiatives. In 1996, LGU counterpart funding to the USAID-funded project was P625,000. This increased to P1,907,000 in 1997 and to more than P2M in 1998. These are spent mostly for supplies and meals for preparatory activities such as perimeter survey, resource inventory, training activities, nursery establishment, and other livelihood activities. Communities' counterpart takes the form of labor or in-service while private sector investment in CBFM sites was estimated to amount to P1.72 M in 1997. ; PES-1 (Payments for Environmental Services Associate Award)

We consider two firms, located in different countries, selling the same homogeneous good in both countries. In each country there is a non negative tariff on imports of the good produced in the other country. We suppose that each firm has two different technologies, and uses one of them according to a certain probability distribution. The use of either one or the other technology affects the unitary production cost. We analyse the effect of the production costs uncertainty on the profits of the firms and also on the welfare of the governments.

This paper provides a quantitative analysis of power relations and strategic investment in the transport system for Russian gas. First, we analyse how the architecture of the transport system determines Russia's bargaining power vis-à-vis (potential) transit countries. By applying the Shapley value as a solution for multilateral bargaining we find that competition between transit countries is of little strategic importance compared to direct Russian access to its customers in Western Europe. Second, we develop a dynamic model of strategic investment. We find that the failure to include Belarus and Ukraine into a framework for international contract enforcement resulted in underinvestment in cheap pipelines and overinvestment in expensive ones. As capacities are increased to gain leverage over transit countries, customers in Western Europe benefit in terms of lower prices and higher supply security.

An effective policy scheme to overcome the suboptimal low provision levels of global public goods is developed in this paper. By suggesting a decentralized approach to raise environmental public good provision levels we take account of the lack of a coercive global authority that is able to enforce efficient international environmental regulations. In our model individual regions voluntarily commence international negotiations on public good provision, which are accompanied by side-payments. These side-payments are financed by means of regional externality-correcting taxes. Side-payments and national tax rates are designed in a mutually dependent way. The decentralized scheme we recommend for approaching Pareto efficient Nash equilibria is based on the ideas of Coasean negotiations and Pigouvian taxes. As it is implementable for a wide class of Nash solutions, it is applicable to various international externality problems.