LSN: Other Public International Law: Sources (Topic)最新文献

{"title":"Regulation of Corporate Activity in the Space Sector","authors":"Akshaya Kamalnath, Hitoishi Sarkar","doi":"10.2139/ssrn.3892539","DOIUrl":"https://doi.org/10.2139/ssrn.3892539","url":null,"abstract":"This article argues that commercialisation of space coupled with technological innovation call for a regulatory approach beyond (and complementary to) the treaty regime offered by international law. The rapid technological advances in the financial sector and corresponding regulatory innovations make fintech regulation a likely candidate to draw lessons from for the nascent New Space sector. The article draws from the financial technology (fintech) sector and proposes that some lessons about initial regulation via sandboxes and sandbox bridges are useful in the space sector. At the domestic level the article proposes regulatory sandboxes to enable innovation while ensuring the necessary safeguards; and at the multi-national level, it proposes cooperation between regulators in various space-faring nations along the lines of sandbox bridges used in the fintech sector. Since different states have varying levels of space sector activity, this article makes broad recommendations with pointers that identify aspects that are more suitable to certain types of jurisdictions than others.","PeriodicalId":142129,"journal":{"name":"LSN: Other Public International Law: Sources (Topic)","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125210034","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":"Tracing Influence in International Law: Beyond the Antagonism between Doctrine of Law and Social Science","authors":"M. Meguro","doi":"10.2139/ssrn.3597945","DOIUrl":"https://doi.org/10.2139/ssrn.3597945","url":null,"abstract":"While international lawyers constantly deal with the concept of influence, there is a significant lack of specification about what is meant by influence, as well as the methodology to identify under what conditions influence exists. Yet, without a realistic picture about the way actors of international law actually behave, the competition of theory propositions is continuously perpetuated along the lines of differences in assumptions rather than the accuracy of explanations. Process-tracing, as is presented in this chapter, is a useful methodology to study and capture the process where consequences is brought about. This chapter particularly explains why and how most existing studies stop short of elaborating on the mechanism that links the causal elements and the consequence (1). Then, it moves onto the insights given from the process-tracing, and how it can help international legal scholarship to overcome its weakness identified in the chapter (2). Lastly, it ends with a few remarks on legal studies in general and suggests a move beyond ontological contestations between legal orthodoxy and social science, as well as a use of insights of process-tracing to empower those actors currently held in the periphery by international law’s assumptions and doctrines (3).","PeriodicalId":142129,"journal":{"name":"LSN: Other Public International Law: Sources (Topic)","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130870198","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":"International Law as an Adaptive System: Implications and Opportunities","authors":"D. Gerber","doi":"10.2139/ssrn.3736348","DOIUrl":"https://doi.org/10.2139/ssrn.3736348","url":null,"abstract":"The language of treaties and international organizations shapes most thinking about international law. States and formal institutions play the primary roles in creating, enacting and giving force to these texts. These “products” are the natural focus of attention, because they carry some form of authority or weight. This also means that they are used as reference points by all involved with the issues they deal with or touch upon.<br><br>What happens, however, when other forces and relationships increasingly shape the normative landscape? The institutional system and the texts the institutions generate remain important, but in this new context they form only parts of a larger set of relationships. I suggest that this is the situation in which we find ourselves. Relationships on the international level are now interactive and adaptive, and a perspective that does not capture these forces and their consequences cannot be adequate for understanding transnational normative relationships. Moreover, it is unlikely to be a solid basis for policy decisions. When applied alone it misses and distorts much that is important for understanding the relationships that international law seeks to regulate. The core change is the revolution in communication brought about by digital technology. The relationships it creates are<br>generating a new dimension in the operation of international law. <br><br>A “global adaptive system” has emerged to reshape the contours of international law. The traditional elements are part of it, but they are increasingly enmeshed in an evolving set of interactive relationships among states, institutions and individuals that provides much of the normative dynamic at the transnational level. Recognizing the emergence of this adaptive system makes these dynamics visible! It allows us to see more clearly what is happening and to analyze more effectively relationships among all actors that participate in the global arena. This, in turn, provides the basis for decisions and policies that are sounder and, above all, more inclusive of interests that are commonly not taken into consideration.<br><br>This brief essay identifies the basics of this evolution, explains what a global adaptive system is and how it functions. It then explores some of the consequences for the operation and evolution of international law.","PeriodicalId":142129,"journal":{"name":"LSN: Other Public International Law: Sources (Topic)","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122193764","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":"Trialogical International Law ─ Introduction to the Series","authors":"Anne Peters","doi":"10.2139/ssrn.3271525","DOIUrl":"https://doi.org/10.2139/ssrn.3271525","url":null,"abstract":"The introduction to the Max Planck Trialogues on the Law of Peace and War explains the method which informs the novel scholarly format. Each volume deals with one current problem of the ius contra bellum, ius in bello and ius post bellum and gives a floor to three authors whose geographical, professional, theoretical, and methodological backgrounds and outlooks differ greatly. The format thus seeks to accommodate the pluralism and value changes in the current era of a shifting world order and rising nationalism and populism. The aim is to bring to light the cultural, professional, and political pluralism which characterises international legal scholarship, and to exploit this pluralism as a heuristic device. \u0000The format manifests and espouses multiperspectivism, building on the insight that legal concepts depend on the (diverging) perspectives of those who create, apply, interpret, and criticise the law. International law in particular is a multi-perspectival phenomenon. Each volume exposes that and how political factors and intellectual styles influence the scholarly approaches and legal answers. The trialogical setting encourages the situated participants to decenter their perspectives. By explicitly focussing on the authors’ divergence and disagreement, a richer understanding of the legal issue at hand is achieved, and the legal challenges and possible ways ahead are identified. This praise of pluralism does not contradict or overtake the scholarly ideal of intersubjective comprehensibility. Scholarship should aim for universal intersubjective comprehensibility, allowing scholars with diverging geographical, educational, or theoretical background to understand an argument or a research finding ─ regardless of sex, nationality or religion. It is submitted that the aspiration to a discursive, procedural, and bottom-up universalism in international legal scholarship is not logically or intrinsically a ‘false’ universalism which merely camouflages particular interests. Utilising perspectivism and situationality, the Trialogues might modestly contribute to the attempt to build a bottom-up legal universalism without plunging into legal absolutism. Starting from the pragmatic assumption that people can make moral and learning experiences which force them to step out of the moral and epistemic framework they are used to, a Trialogue is one way to tease this out.","PeriodicalId":142129,"journal":{"name":"LSN: Other Public International Law: Sources (Topic)","volume":"376 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122720127","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":"Use Requirements in Intangible Franchises","authors":"Matthew Anderson","doi":"10.2139/ssrn.3246514","DOIUrl":"https://doi.org/10.2139/ssrn.3246514","url":null,"abstract":"The requirement that a grantee of a government-granted franchise use that franchise was a widespread assumption in all western legal regimes since the thirteenth century. In particular, intellectual property (IP) had reduction to practice or working requirements which have now faded from the fundamental understanding of IP. The loss of these requirements and the reasons for their existence has resulted in widespread abuse of IP rights. Now international trade practitioners are beginning to rediscover some of these requirement mechanisms. Accordingly, this article provides an overview of various use requirement mechanisms, their trade offs, and their relative conformity with the TRIPS agreement.","PeriodicalId":142129,"journal":{"name":"LSN: Other Public International Law: Sources (Topic)","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117190490","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 Breakdown of International Treaties","authors":"Jide Nzelibe","doi":"10.2139/SSRN.3084776","DOIUrl":"https://doi.org/10.2139/SSRN.3084776","url":null,"abstract":"The past few years have witnessed the rise of anti-globalization sentiments in which certain treaties have succumbed to domestic political backlash. But why are particular treaties susceptible to breakdown while others tend to be more resilient? Paradoxically, this Article argues that the fragility of treaties follows a peculiar logic: treaties are most vulnerable to breakdown or withdrawal if they were originally negotiated in the absence of social conflict among domestic groups. The reason is that having been negotiated and ratified with hardly any political struggle, consensus treaties often lack the support of battle-hardened special interest groups who are willing and able to defend such treaties against downstream political threats. This Article uses the contemporary backlash against both bilateral investment treaties and the Rome Treaty establishing the International Criminal Court to illustrate the vulnerability of consensus treaties. By contrast, treaties negotiated amidst intense political disagreement, such as the GATT/WTO framework governing international trade, have exhibited remarkable resilience over time. On a more speculative note, both the Trans-Pacific Partnership (TPP) and the Transatlantic Trade and Investment Partnership (TTIP) were likely rendered politically fragile by the first generation of consensus investment treaties entered into by the United States. Finally, it concludes by recommending measures to counteract the tendency of consensus treaties to collapse by making them more politically sustainable.","PeriodicalId":142129,"journal":{"name":"LSN: Other Public International Law: Sources (Topic)","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116441212","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":"International Trade in Gambling Services: Between Prohibition and Regulation","authors":"N. Zakirova","doi":"10.2139/ssrn.3145664","DOIUrl":"https://doi.org/10.2139/ssrn.3145664","url":null,"abstract":"Gambling is a legitimate activity which presents a constantly growing important economic sector and takes part in the development of the global economy. However, gambling presents a strong problem for the countries due to the necessity to regulate a cross-border and morally doubtful activity that generates big profit (which could be redistributed for social purposes) and gambling is impossible to prevent. Currently national regulations seem not to be able to respond to the challenges of internationalization and digitalization of the gambling phenomenon which creates additional difficulties. The nature of Internet makes it clear that prohibition or regulation is to be set at the international level. The main reason is the dynamic relationship between technology and law. The major part of legal prohibition is temporary because the technology will elaborate a way to avoid it. The Article will outline the current situation where different gambling laws present serious obstacle to the international trade of legal gambling services, to the effective policy against criminality and money laundering and to the substantial consumer protection. The Article will look into the interests of various states and into the justifications of the governments. The Author will also try to propose the model for the international gambling regulation.","PeriodicalId":142129,"journal":{"name":"LSN: Other Public International Law: Sources (Topic)","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114774325","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 Standardisation of Oil and Gas Law: Transnational Layers of Governance","authors":"D. Saidov","doi":"10.2139/ssrn.3040879","DOIUrl":"https://doi.org/10.2139/ssrn.3040879","url":null,"abstract":"This chapter investigates the main sources governing international oil and gas operations around the world, with a view to examining whether we are witnessing the emergence of transnational petroleum law (lex petrolea). The chapter explores the nature of governance in the petroleum industry and the extent to which the oil and gas industry is self-governed or governed by the state-made law. It assesses the degree of standardization of governance to determine whether it is so high as to give rise to the emergence of lex petrolea. The main focus is on sources, specific to the oil and gas industry, such as: model contracts, industry usages, standards, and guidelines promulgated by industry organizations and associations. This chapter argues that lex petrolea is not yet a mature legal order. Its sources are best characterized as transnational layers of governance of the international exploration and production operations. As to the relationship between the alleged lex petrolea and the state-made law, it is demonstrated that the two are vitally important to and mutually dependent on each other.","PeriodicalId":142129,"journal":{"name":"LSN: Other Public International Law: Sources (Topic)","volume":" 8","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114051184","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":"Economic Dealings With Occupied Territories","authors":"E. Kontorovich","doi":"10.2139/SSRN.2494964","DOIUrl":"https://doi.org/10.2139/SSRN.2494964","url":null,"abstract":"In recent years, the international legality of economic activity in occupied territories has emerged as matter of significant debate, largely focused on Israeli-controlled territories. Some European officials, supported by prominent scholars and a wide range of NGOs, claim that international law requires limiting or prohibiting economic relations involving the Israeli-controlled West Bank and Golan Heights. Claims are increasingly being heard that international law requires a boycott of Israeli settlements, or at least the clear labeling of goods produced there.The question of the lawfulness of such activity has even greater salience and urgency with Russia’s annexation of Crimea and belligerent occupation of Eastern Ukraine. These areas have a significantly greater economic potential than most currently occupied territories, and Moscow is actively seeking foreign investment there.Discussions of these legal issues have proceeded largely along theoretical lines, ignoring the rich trove of relevant state practice from other occupied territories such as Western Sahara, Northern Cyprus, Nagorno-Karabakh and Abkhazia. The EU, the U.S. and other states have adopted a variety of formal positions regarding activities in these territories. Moreover, recent years have seen a proliferation of state practice and, for the first time, judicial decisions, involving these very questions.This article conducts a comprehensive survey of the relevant current state practice and judicial precedent regarding occupied territories, aside from the well-examined case of Israel. Much of this practice has never been considered by scholars, let alone examined holistically. Clear patterns emerge when state practice is examined globally, and the principles they suggest are in turn reaffirmed by recent path-breaking decisions of European national courts.State practice and decisions of important national courts support a fully permissive approach to economic dealings by third-party states or nationals in territories under prolonged occupation or illegal annexation. There is no obligation on third-party states to block such activity, or to insist on particular language on product labels, or to ensure that their foreign aid funds do not cross into occupied territory. That does not mean that third countries are prohibited from taking such actions for diplomatic, rather than legal, reasons – though given in the absence of a public law prohibition, WTO and other trade rules may actively bar third-country restrictions on such activity. Practice is most varied on the question of trade treaties extending to occupied territory, as this seems to depend more on the interpretation of the particular instruments, rather than general principles.","PeriodicalId":142129,"journal":{"name":"LSN: Other Public International Law: Sources (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-09-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129486843","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":"Vogtländische Straβen-,Tief- Und Rohrleitungsbau Gmbh Rodewisch (VSTR) v. Finanzamt Plauen – VAT Triangulation v. Drop Shipments","authors":"Richard Thompson Ainsworth","doi":"10.2139/SSRN.2281260","DOIUrl":"https://doi.org/10.2139/SSRN.2281260","url":null,"abstract":"In ECJ Case 587/10 (Vogtlandische Straβen-,Tief- und Rohrleitungsbau GmbH Rodewisch (VSTR) v. Finanzamt Plauen) an American firm, Atlantic International Trading Company (AIT) is a middleman in an otherwise all-European VAT triangulation. AIT appears to have approached its compliance obligations as if it was a middleman in an American drop shipment. However, drop shipments are treated very differently from VAT triangulations. Commercially these transactions are very similar. They are composed of two back-to-back sales, A/B followed by B/C, with a single delivery from A directly to C. This article compares the tax treatment of drop shipments under the RST with triangulation transactions under the EU VAT. Under both systems when a single integrated transaction involves third-party middlemen compliance can be difficult.","PeriodicalId":142129,"journal":{"name":"LSN: Other Public International Law: Sources (Topic)","volume":"188 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115728859","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}