LSN: International Governmental Organizations (Topic)最新文献

{"title":"From the Rule of Law to the Rule of Code? Predictive Data Analytics and the Changing Contours of UN Humanitarian Response","authors":"T. Soave","doi":"10.2139/ssrn.3853698","DOIUrl":"https://doi.org/10.2139/ssrn.3853698","url":null,"abstract":"The field of humanitarian aid is undergoing a revolution, but international lawyers have not realized it yet. Thanks to the deployment of predictive data analytics, UN agencies and other humanitarian actors are increasingly able to forecast where and when a crisis will strike, who it will affect, and what needs it will create. These developments enable new forms of anticipatory humanitarian response, which promise to increase efficacy in the mitigation of disasters. However, international lawyers have so far been strikingly silent about the normative implications of this emergent ‘rule of code’. Seeking to fill this gap, this article assesses the impact of data-driven humanitarian response on the contours and practice of international law in its social context. Are predictive data truly capable of portraying neutral factual truths, thus removing the need to make responsible choices about humanitarian aid allocation? Will lawyers be relegated to a subservient position vis-à-vis the legions of digital experts who are swelling the ranks of humanitarian agencies? And, more generally, what does it take to think and do international law in the age of big crisis data?","PeriodicalId":112419,"journal":{"name":"LSN: International Governmental Organizations (Topic)","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132496420","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Legal Analysis of the Strategies Adopted by the International Seabed Authority for the Management of the Area","authors":"Fongwa Kesten Ngum, Ntoko Ntonga Rene","doi":"10.2139/ssrn.3888451","DOIUrl":"https://doi.org/10.2139/ssrn.3888451","url":null,"abstract":"The International Seabed Authority is an international organization created in 1982 by the United Nations Convention on the Law of the Sea and the Implementation Agreement of Part XI of the United Nations Convention on the Law of the Sea 1994 to administer the Area and the resources found therein. However, the persistent complains of the absence of an exploitation regulation in the Area for over two decades is a call for concern on the effectiveness of the International Seabed Authority in exercising its role of managing the Area. This can be observed from the granting of thirty exploration contracts till date but no exploitation contract and inadequate information on the effects of these activities in the Area. However, this paper is focused on investigating the strategies adopted by the International Seabed Authority for the management of the Area. The paper does so through the exploitation of secondary and primary sources of information. Secondary data were collected from books, academic journals, magazines, and official publications touching the subject matter. To compliment secondary data, primary data was also used and this was done essentially through interviews, focus group discussions and questionnaires. The data collected were analyzed with the use of thematic content approach The ensuing results revealed that the strategies range from the adoption of a Strategic Plan, establishment of a Mining Code to Environmental Management Plans. Thus the findings, laid a ground for further research on this area.","PeriodicalId":112419,"journal":{"name":"LSN: International Governmental Organizations (Topic)","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114948643","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Clash of Trade and National Public Interest in WTO Law: The Illusion of ‘Weighing and Balancing’ and the Theory of Reservation","authors":"C. Nagy","doi":"10.1093/jiel/jgz028","DOIUrl":"https://doi.org/10.1093/jiel/jgz028","url":null,"abstract":"In the last two decades, World Trade Organization law’s public interest exceptions (Article XX GATT, Article XIV GATS, Article 2.2 of the TBT Agreement, and Article 20 TRIPS) have seen the emergence and evolution of the doctrine of ‘weighing and balancing.’ This paper provides a criticism of this doctrine through a comparative ontological analysis and demonstrates three propositions. First, it shows that the concept of ‘weighing and balancing’ results from the ill-considered reception of a doctrine pertaining to federal systems. Second, the paper demonstrates through the analysis of the case law that the role of ‘weighing and balancing’ is rather poetical and, in reality, the Appellate Body does not engage in balancing. Third, it proposes that an outspoken ‘necessity’ analysis should be carried out that is tailored to arrangements based on contractual promises and is guided by the notion of quasi-reservation. The paper re-conceptualizes the Appellate Body’s case law and elaborates a doctrinal framework warranted by the function of World Trade Organization law’s public interest exceptions.","PeriodicalId":112419,"journal":{"name":"LSN: International Governmental Organizations (Topic)","volume":"90 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123813733","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Myth of U.N. Collective Security","authors":"Mohamed Helal","doi":"10.2139/SSRN.3167357","DOIUrl":"https://doi.org/10.2139/SSRN.3167357","url":null,"abstract":"It is widely assumed that the U.N. Security Council is a collective security mechanism. This Essay challenges this assumption. It claims that the U.N. Security Council was designed and continues to operate as a Great Power Concert, akin to the Concert of Europe of nineteenth century Europe. Moreover, this Essay argues that the principal purpose of the Security Council is not the enforcement of international law or the prevention of aggression. Rather, its primary aim was, and remains, the prevention of war between the Great Powers and providing an institutional forum for these states to cooperate and coordinate their policies. \u0000The Essay defines collective security and identifies is principal characteristics. Collective security is a mechanism that guarantees collective protection and assistance against aggression. This is because in a collective security mechanism, states agree to consider an attack against one as an attack against all. Nothing, however, in the U.N. Charter extends such a guarantee of collective protection against aggression to the U.N. Member States. Instead, as the negotiating history of the Charter demonstrates, the U.N. Security Council enjoys unfettered discretion regarding whether and how to intervene to prevent or repel acts of aggression or threats to or breaches of the peace. Moreover, because the Security Council was intended to function as a Great Power Concert, the five Permanent Members of the Security Council were granted an unrestricted right to veto any Security Council decision that they considered detrimental to their national interests. \u0000The institutional design of the Security Council reflects the belief of the founders of the United Nations that the surest guarantee of world order and international peace and security is the maintenance of the balance of power between the most powerful states in the international system. This Essay argues that this assumption underlying the structure of the Security Council remains valid and relevant today. As American unipolar moment passes and as the global balance of power shifts, preserving the balance of power and preventing a confrontation between the Great Powers are essential to international peace and security and to the effective functioning of international law.","PeriodicalId":112419,"journal":{"name":"LSN: International Governmental Organizations (Topic)","volume":"98 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126896089","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The North Korea’s Gauntlet, International Law and the New Sanctions Imposed by the Security Council","authors":"L. Borlini","doi":"10.1163/22116133-90000168","DOIUrl":"https://doi.org/10.1163/22116133-90000168","url":null,"abstract":"The Security Council’s reaction to the nuclear tests conducted by the Democratic People’s Republic of Korea (DPRK or North Korea) in 2016 through Resolutions 2270 and 2321 have significantly changed the picture of UN sanctions regime against this country and created the most comprehensive, legally-binding, sanctions program imposed against a State since Iraq in the 1990s. While raising questions on their lawfulness under international law, the DPRK’s military actions have repeatedly challenged the international community. At the moment of finalising the present article, the situation seems more precarious than ever: despite the severity and comprehensiveness of the sanctions regime, the DPKR’s launches of ballistic missiles hit the headlines again, and its military aggressiveness does not appear reversed. The article examines this regime against the background of the Council’s past practice and the international rules on non-proliferation, also by discussing legal issues related to the different actions by Pyongyang. Ultimately, it seeks to assess the DPRK’s nuclear and ballistic missile tests vis-a-vis relevant international law and to determine the main limitations of the new set of binding obligations placed upon Member States to thwart the “North Korean threat”. For, in order to succeed, sanctions must be capable of coercing their targets into adjusting the particular course of behaviour that, according to the Security Council, poses a threat to international peace and security, the article concludes that the new sanctions regime is still affected by weaknesses that impair its effectiveness.","PeriodicalId":112419,"journal":{"name":"LSN: International Governmental Organizations (Topic)","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-11-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124041379","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Fouchet Plan: De Gaulle's Intergovernmental Design for Europe","authors":"A. Teasdale","doi":"10.2139/SSRN.2857167","DOIUrl":"https://doi.org/10.2139/SSRN.2857167","url":null,"abstract":"This paper explores the politics of the Fouchet Plan, the unsuccessful initiative by French President Charles de Gaulle in 1961-62 to create a new ‘union of states’ for foreign-policy and defence cooperation among the six founding members of the European Community. The paper traces the origins of de Gaulle’s proposal – which was designed not only to parallel the existing Community, but potentially to subsume it – and analyses the complex and fraught course of the subsequent negotiations, which divided the Six and ended in stalemate. The struggle between intergovernmental and supranational visions of Europe thrown up by the Fouchet Plan represented an early, acute example of the recurrent institutional and political problems involved in developing structures to share sovereignty in areas of power which are central to the claim of larger nations to remain independent states, and it pointed to the limits of integration likely to be confronted by simple replication of the classic ‘Community method’ in increasingly sensitive areas of policy. Although the dilemma of how to incorporate a significant intergovernmental dimension within the European institutional structure was eventually resolved in the Maastricht Treaty two decades later, the Fouchet dispute had important consequences in the years that followed, notably in hardening de Gaulle's attitude to British membership of the Community and in seriously constraining the dynamic of the integration process more widely.","PeriodicalId":112419,"journal":{"name":"LSN: International Governmental Organizations (Topic)","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-10-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128382440","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Can Greece Be Expelled from the Eurozone? Toward a Default Rule on Expulsion from International Organizations","authors":"Joseph Blocher, G. Gulati, L. Helfer","doi":"10.2139/SSRN.2780743","DOIUrl":"https://doi.org/10.2139/SSRN.2780743","url":null,"abstract":"The ongoing European crisis has raised uncomfortable questions about the conditions under which treaty-based unions of nations like the EU or the EMU can legally expel a member — Greece being the most obvious candidate. The EU, for example, has rules governing the voluntary withdrawal of members, but says nothing about whether a member can be expelled. As a matter of international law, what does the silence mean? Put differently: What is the default rule regarding expulsions when a treaty says nothing about forced withdrawals? Is there an absolute bar on expulsion, as some have suggested? Conversely, is there an implicit right to expel? Or can material breaches of a treaty justify expulsion? And if fault is not required, must the expelled member state be compensated in some way?","PeriodicalId":112419,"journal":{"name":"LSN: International Governmental Organizations (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-08-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129668072","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Beyond Legality- Before Democracy: Rule of Law Caveats in the EU Two Level Systems","authors":"G. Palombella","doi":"10.1017/cbo9781316258774.004","DOIUrl":"https://doi.org/10.1017/cbo9781316258774.004","url":null,"abstract":"What are the grounds on which the EU should be entitled to dictate substantive RoL measures within a member country, that do not attach to the infringement of any other law of the EU itself?<br><br>The main, genuinely ‘European’, justification for such EU interference into a Member State domain should simply be in the relevance of the peoples and individuals directly to the Union as an autonomous supranational ‘unity’. <br><br>The quality of a distinctive EU RoL, as an ultimate safeguard and a template of reference should come to the forefront. But all in all, the main aspects of the RoL propounded in this realm, concisely amount to the idea of vertical legality (on a mainly market driven viability) and to some not fully defined RoL as a system-relative notion. Moreover, some relevant further aspects are in order: the chronic lack of legal (let alone political) accountability of EU itself, particularly in its substantive governance mode (especially in the well known infra-structure of agencies and comitology), decision making process’s relative independence of legal review, let alone the innovating practice stretching the limits of legally legitimate powers in the times of financial crisis. It is equally complex for the EU to propound a valued ideal phrasing it through requirements of thicker import than that which itself has practiced on a very thin interpretation. So, a vicious circle surfaces: the deep justification for a RoL oversight reinforcing by the EU can be traced back to the protection of persons as Europeans and is pointed upon the aspiration of the EU to be- and grow up as- an autonomous polity and an autonomous legal order. But the RoL records of such a supranational entity, made of peoples and individuals (not just by Member States), would hardly be seen as fully credible and reliable. For the EU can certainly be a RoL guardian over its Member States due, among the rest, to associative obligations already agreed upon by States: but to be such a guardian is much different from being itself the justification and the ultimate reference, the space of citizenship of its peoples and of each Europeans, independently of the authority of their national States. In this case, the European citizens should be met by EU exemplary RoL evidence and reputation: something that they would now barely recognise. <br><br>","PeriodicalId":112419,"journal":{"name":"LSN: International Governmental Organizations (Topic)","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-07-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129717410","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"ECOWAS’ Operations Under International Law: A Matter of Common Goals to Bring About Peace or a Shield for States’ Self-Interests?","authors":"Tatiana Cardoso Squeff, R. G. Rosa","doi":"10.15640/JGPC.V2N2A2","DOIUrl":"https://doi.org/10.15640/JGPC.V2N2A2","url":null,"abstract":"This article intends to discuss the reach of international responsibility of states when acting under the mandate of an international organization. More specifically, it argues on the role of Nigeria when taking action under ECOWAS, a sub-regional organization, within the internal disturbances that occurred in Liberia and Serra Leone in the 1990s, in which triggered a humanitarian crisis that demanded intervention. Therefore, it will describe the intentions and actions carried out by Nigeria under an ECOWAS’ mandate in order to try distinguishing Member State’s responsibilities from the organization itself, as it could reflect on the liability of such party for any international law violations carried out under peacekeeping operations. After all, if any abuse is currently foreseen, the (regional) international organization is the one held responsible, even if there was a clear abuse of its legal personality by the State. Thus, at the end, this article tries to reveal a need for a change in the understanding of international organization responsibility whenever a party is acting solely by its interests – as in the case of Nigeria – in order for it to be held liable.","PeriodicalId":112419,"journal":{"name":"LSN: International Governmental Organizations (Topic)","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133345353","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Reprofiling Sovereign Debt","authors":"L. Buchheit, G. Gulati, Ignacio Tirado","doi":"10.2139/ssrn.2532158","DOIUrl":"https://doi.org/10.2139/ssrn.2532158","url":null,"abstract":"• The IMF staff’s 2013 proposal to reprofile (i.e., stretch out for a short period without haircutting principal or interest) the maturing debt of a country that has lost market access is a sensible policy in cases where the IMF is uncertain whether the country’s debt stock is sustainable.• The motivation for the policy is to avoid situations, such as occurred during the Eurozone debt crisis, in which Fund resources are used to bail-out commercial creditors in full.• But a debt reprofiling is a species of debt restructuring and as such is susceptible to holdout creditor behaviour.• By allowing a small portion of its loans to the debtor country to be used to neutralise some or all of the additional credit risk caused by the reprofiling, the IMF could minimise holdout creditors in these operations.• The authors propose a technique for minimizing the risk that certain creditors may elect to decline a reprofiling proposal, no matter how lenient its terms.","PeriodicalId":112419,"journal":{"name":"LSN: International Governmental Organizations (Topic)","volume":"104 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123523565","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}