International Institutions: Transnational Networks eJournal最新文献_第2页

Eurojust Casework on Mafia-Type Criminal Organisations 欧洲司法组织黑手党式犯罪组织个案研究

International Institutions: Transnational Networks eJournal Pub Date : 2018-07-02 DOI: 10.2139/ssrn.3838619

V. Terziev, Marin Petkov, Krastev Dragomir

引用次数: 4

The Global Equity Premium Revisited: What Human Rights Imply for Assets' Purchasing Power 重新审视全球股权溢价:人权对资产购买力的影响

International Institutions: Transnational Networks eJournal Pub Date : 2018-06-29 DOI: 10.2139/ssrn.3253734

J. Białkowski, Ehud I. Ronn

引用次数: 1

Economic Sanctions and Human Rights: Quantifying the Legal Proportionality Principle 经济制裁与人权:法律比例原则的量化

International Institutions: Transnational Networks eJournal Pub Date : 2018-05-09 DOI: 10.2139/ssrn.3175885

Jerg Gutmann, Matthias Neuenkirch, Florian Neumeier, Armin Steinbach

{"title":"Economic Sanctions and Human Rights: Quantifying the Legal Proportionality Principle","authors":"Jerg Gutmann, Matthias Neuenkirch, Florian Neumeier, Armin Steinbach","doi":"10.2139/ssrn.3175885","DOIUrl":"https://doi.org/10.2139/ssrn.3175885","url":null,"abstract":"The proportionality principle, as the cardinal principle of international law, includes a necessity and a proportionality test, both of which rest on empirical premises. The necessity test involves an assessment of whether a legal sanction is well-suited to achieve its objective. The proportionality test questions the causal link between the sanction and the human rights situation in the country against which the sanction is aimed. This study analyzes the empirical basis of the proportionality principle by examining the consequences of economic sanctions for the target country’s human rights situation. We use endogenous treatment-regression models to test the empirical basis of the proportionality principle by estimating the causal average treatment effect of US economic sanctions on different types of human rights within a uniform empirical framework. We find that economic sanctions do not pass the legal necessity test in cases where the purpose of the sanctions is to improve the human rights situation. On the contrary, we find that such sanctions actually lead to a deterioration of the human rights situation. Moreover, our finding that the sanctions have no effect on basic, economic, and emancipatory human rights calls into question the dominant view that economic sanctions are disproportionate. On a general note, our study underscores the empirical contingencies of a core legal principle under international and national law.","PeriodicalId":300155,"journal":{"name":"International Institutions: Transnational Networks eJournal","volume":"520 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-05-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116262232","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}

引用次数: 8

The Effect of Freedom on the Net, Human Right and Economic Freedom on Socioeconomic Progress; A Case Study Empirical Analysis in Eastern Africa 网络自由、人权与经济自由对社会经济进步的影响非洲东部的个案研究与实证分析

International Institutions: Transnational Networks eJournal Pub Date : 2018-05-06 DOI: 10.2139/ssrn.3175615

Bizuayehu Lema

引用次数: 0

Terrorism Driven by High Population Growth 高人口增长驱动的恐怖主义

International Institutions: Transnational Networks eJournal Pub Date : 2018-05-03 DOI: 10.15664/JTR.1469

M. Coccia

引用次数: 12

Hardwired Human Rights: A Health and Human Rights Perspective on Global Health Law 人权:从健康和人权的角度看全球卫生法

International Institutions: Transnational Networks eJournal Pub Date : 2018-05-01 DOI: 10.4337/9781785366543.00011

T. Murphy

{"title":"Hardwired Human Rights: A Health and Human Rights Perspective on Global Health Law","authors":"T. Murphy","doi":"10.4337/9781785366543.00011","DOIUrl":"https://doi.org/10.4337/9781785366543.00011","url":null,"abstract":"The core message of this chapter is as follows: we need to take Larry Gostin’s Global Health Law seriously. We need to do so in part because the book has heroic appeal, and in part too because it makes many legitimate criticisms of law and international human rights law in particular. In larger part Global Health Law needs to be taken seriously because it will have effects. My chapter emphasizes how it will cause different dimensions of human rights and law to emerge and to disappear, and how this in turn will influence not just the choices we can make but the questions that are asked. To support these claims, I explore how Gostin’s views might affect economic and social rights and international human rights law more generally. I conclude that Global Health Law ought to be seen as a mischief-maker, both because it promotes a dated and damaging picture of economic and social rights, and because it has too narrow a sense of law and too much faith in governance as an essential supplement. Responding to this, I call for a different state of mind—a state of mind that will enable intelligent critique, the aim of which is to hardwire human rights and, more particularly, human rights law. And to be clear, to hardwire human rights and human rights law is not to crown them as the ultimate tool or guide. Nor do I suggest that my own field, health and human rights, has—or ever could have—all the answers. I am simply committing all of us, whether our field is global health law, health and human rights, or something similar, to the exciting but genuinely challenging work of understanding how rights work in practice across both law and non-law settings.","PeriodicalId":300155,"journal":{"name":"International Institutions: Transnational Networks eJournal","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127020555","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}

引用次数: 2

Negotiating the Hard/Soft Law Divide in Business and Human Rights: The Implementation of the UNGPs in the European Union 商业界与人权的软/硬法律分歧的谈判:联合国指导原则在欧盟的实施

International Institutions: Transnational Networks eJournal Pub Date : 2018-05-01 DOI: 10.1111/1758-5899.12530

D. Augenstein

{"title":"Negotiating the Hard/Soft Law Divide in Business and Human Rights: The Implementation of the UNGPs in the European Union","authors":"D. Augenstein","doi":"10.1111/1758-5899.12530","DOIUrl":"https://doi.org/10.1111/1758-5899.12530","url":null,"abstract":"The article discusses the implementation of the UN Guiding Principles on Business and Human Rights (UNGPs) in the European Union against the backdrop of perennial debates between proponents of ‘hard’ versus ‘soft’ law approaches to preventing and redressing corporate-related human rights violations. It argues that the Open Method of Coordination (OMC) – an EU governance instrument of transnational policy-making – could contribute to negotiating the hard/soft law divide in business and human rights by ensuring a more effective implementation of the UNGPs in the European legal space. Moreover, the European experience with open coordination calls for a reappraisal of the relationship between international law and global governance in addressing today’s business and human rights predicament. The first part of the article situates the debate between proponents of ‘hard’ and ‘soft’ law approaches to business and human rights in the context of two UN-driven initiatives: the development of national action plans (NAPs) to implement the UNGPs; and the negotiation of an international business and human rights treaty. The second part of the article relates experiences with the existing NAP process in the European Union to the policy background and rationale of the Open Method of Coordination and discusses the conditions for its successful employment in the business and human rights domain.","PeriodicalId":300155,"journal":{"name":"International Institutions: Transnational Networks eJournal","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"119939895","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}

引用次数: 10

Budget Padding and Appropriation in Nigeria: An Appraisal of Legislative Powers in an Evolving Democracy 尼日利亚的预算填充和拨款:对演进中的民主国家的立法权的评价

International Institutions: Transnational Networks eJournal Pub Date : 2018-03-27 DOI: 10.2139/ssrn.3181781

A. P. Chiamogu

引用次数: 2

Enhancing Climate Finance Readiness: A Review of Selected Investment Frameworks as Tools of Multilevel Governance 加强气候融资准备:若干投资框架作为多层治理工具的回顾

International Institutions: Transnational Networks eJournal Pub Date : 2018-01-03 DOI: 10.2139/SSRN.3082542

Lawrence Agbemabiese, Joseph Nyangon, Jae-seung Lee, J. Byrne

{"title":"Enhancing Climate Finance Readiness: A Review of Selected Investment Frameworks as Tools of Multilevel Governance","authors":"Lawrence Agbemabiese, Joseph Nyangon, Jae-seung Lee, J. Byrne","doi":"10.2139/SSRN.3082542","DOIUrl":"https://doi.org/10.2139/SSRN.3082542","url":null,"abstract":"The International Renewable Energy Agency (IRENA) has estimated that to reduce greenhouse gas emissions and limit global mean temperature rise to well below 2° Celsius, new forms of low-carbon investment must be unlocked and cost-effectively doubled by 2030. This level of deployment of low-carbon solutions require doubling current investment in renewable energy to US$500 billion per year up to 2020 and tripling in the 2020s to reach US$900 billion each year up to 2030. However, the mechanisms for scaling up such investments remain constrained by high transaction costs, insufficient investment size, and limited market liquidity. We explore recent development of climate investment readiness frameworks (CIRFs) and their application in support of low-carbon development strategies. The paper focuses on two objectives driving the creation and use of such frameworks: (a) barriers to attracting large-scale private investment in climate-sensitive technologies, and (b) how these barriers can be reduced through effective capacity building mechanisms. We consider the utility of the main investment readiness (IR) frameworks with a particular focus on their contributions to developing a climate investment-friendly policy regime through appropriate governance reforms and technical capacity building measures. Important connections between the performance of climate investment readiness frameworks and broader governance issues are highlighted. Conclusions for strengthening such frameworks as tools of multilevel governance regimes are offered.","PeriodicalId":300155,"journal":{"name":"International Institutions: Transnational Networks eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125841668","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}

引用次数: 5

Hardening Soft Law: Are the Emerging Corporate Social Disclosure Laws Capable of Generating Substantive Compliance with Human Rights 强化软法:新兴的企业社会信息披露法是否能够产生对人权的实质性遵守

International Institutions: Transnational Networks eJournal Pub Date : 2018-01-01 DOI: 10.2139/SSRN.3251087

J. Nolan

{"title":"Hardening Soft Law: Are the Emerging Corporate Social Disclosure Laws Capable of Generating Substantive Compliance with Human Rights","authors":"J. Nolan","doi":"10.2139/SSRN.3251087","DOIUrl":"https://doi.org/10.2139/SSRN.3251087","url":null,"abstract":"The aim of this paper is to examine the potential effectiveness and limitations of the emerging corporate social disclosure laws that aim to increase transparency about human rights risks in global supply chains. Globalization has led to the emergence of low cost, efficient (but risky) supply chains that span multiple sourcing countries which exhibit a wide range of economic, political, social, labor and environmental standards. The five laws examined seek to provide mechanisms that aim to reduce the negative human rights impact of business in supply chains. They introduce varying demands on business to map, track and disclose how and where their products are being made. This paper first briefly highlights the preponderance of soft law that defines the business and human rights regulatory framework and guides corporate behavior. It then examines three mandated disclosure laws, the Dodd-Frank Act, the California Transparency in Supply Chains Act and the UK Modern Slavery Act and two due diligence focused laws, the Australian Illegal Logging Prohibition Act and the French Duty of Corporate Vigilance Law. It proposes criteria to strengthen the development and implementation of these laws. It concludes by noting that while these laws are hardening the human rights expectations of business, for them to generate substantive (and not just procedural) human rights compliance they must include: detailed requirements on reporting and due diligence; collaboration with external stakeholders; and compliance mechanisms. Through analysis of these regulatory developments this paper seeks to provide greater understanding of how to shape regulatory responses to governance gaps in transnational supply chains.","PeriodicalId":300155,"journal":{"name":"International Institutions: Transnational Networks eJournal","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127638562","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}

引用次数: 10