PSN: International Institutions & Law: Compliance (Topic)最新文献

{"title":"Humanitarian Financial Intervention","authors":"Evan J. Criddle","doi":"10.1093/EJIL/CHT037","DOIUrl":"https://doi.org/10.1093/EJIL/CHT037","url":null,"abstract":"Over the past several decades, states have used international asset freezes with increasing frequency as a mechanism for promoting human rights abroad. Yet the international law governing this mechanism, which I refer to as ‘humanitarian financial intervention,’ remains fragmented. This article offers the first systematic legal analysis of humanitarian financial intervention. It identifies six humanitarian purposes that states may pursue through asset freezes: preserving foreign assets from misappropriation, incapacitating foreign states or foreign nationals, coercing foreign states or foreign nationals to forsake abusive practices, compensating victims, ameliorating humanitarian crises through humanitarian aid or post-conflict reconstruction, and punishing human rights violators. Whether intervening states may pursue these objectives in any given context depends upon the interplay between several international legal regimes, including international investment law, collective-security agreements such as the UN Charter, the customary law of countermeasures, the law of armed conflict, and customary law governing the enforcement of judicial decisions. By disentangling the various international legal regimes that govern humanitarian financial intervention, this article furnishes a preliminary road map for evaluating the legality of past, present, and future financial interventions — including asset freezes directed against the Qaddafi regime during the 2011 Libyan Revolution.","PeriodicalId":311891,"journal":{"name":"PSN: International Institutions & Law: Compliance (Topic)","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133787705","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":"Non-Tariff Measures and the WTO","authors":"R. Staiger","doi":"10.2139/ssrn.1998738","DOIUrl":"https://doi.org/10.2139/ssrn.1998738","url":null,"abstract":"In this paper I sketch out the rough contours of the challenge faced by the WTO in dealing with non-tariff measures (NTMs) as seen from the economic theories of trade agreements. The key questions for the WTO - the answers to which largely dictate the choice between shallow and deep approaches to integration - appear to be two: (1) Is it the terms-of-trade problem or the commitment problem that WTO member governments seek to solve with their WTO membership?; and (2) Is it market clearing or offshoring/bilateral bargaining that is now the most prominent mechanism for the determination of international prices? I suggest that evidence on the first question points to the terms-of-trade theory and hence toward shallow integration, but that answering the second question may be the key to identifying the best way forward on NTMs for the WTO.","PeriodicalId":311891,"journal":{"name":"PSN: International Institutions & Law: Compliance (Topic)","volume":"78 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117206596","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":"U.N. Committee Faults Japan Human Rights Performance, Demands Progress Report on Key Issues","authors":"Lawrence Repeta","doi":"10.2139/SSRN.1945013","DOIUrl":"https://doi.org/10.2139/SSRN.1945013","url":null,"abstract":"How can Japan move toward gender equality, the elimination of authoritarian police practices and realization of the human rights enshrined in its laws and treaty obligations? Many Japanese human rights lawyers and activists believe that one important path forward lies through international institutions, especially those created under the auspices of the United Nations. This report describes the process that led to hearings before the UN Human Rights Committee held in Geneva on October 15-16, 2008. The powerful case presented by Japanese lawyers and activists succeeded in persuading the Committee to deliver stinging criticisms of Japan’s failures to take action to remedy several longstanding human rights problems.Composed of 34 numbered paragraphs of comments and recommendations, the Committee’s “Concluding Observations” cover a wide range of topics, including discriminatory treatment of women and non-Japanese persons, unrestricted interrogation of criminal suspects, poor treatment of prisoners, the lack of prosecution of perpetrators of crimes related to human trafficking, unreasonable restrictions of free speech, and disregard of the Committee’s longstanding recommendation that Japan establish an independent institution charged with protecting human rights. Two items in the Concluding Observations are of particular interest. One is the Committee’s demand that Japan “abolish” the practice of extended custody in local police jails commonly known as “daiyou kangoku.” This practice facilitates coerced confessions and has been heavily criticized by human rights campaigners and by the Committee itself for many years. The Committee also addressed the unwavering denial of human rights claims by Japan’s Supreme Court. The Court routinely invokes the abstract and open-ended term “public welfare” in order to justify arrests and restrictions on free speech and other individual rights. The Committee offered the very practical recommendation that Japan’s national parliament adopt a new statute to define “public welfare” and thereby impose some recognizable boundary on government restrictions of individual rights.","PeriodicalId":311891,"journal":{"name":"PSN: International Institutions & Law: Compliance (Topic)","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-05-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127168341","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":"What Lessons Can Be Learned from the EU Emissions Trading Scheme?","authors":"C. Egenhofer, N. Fujiwara","doi":"10.2139/ssrn.1334060","DOIUrl":"https://doi.org/10.2139/ssrn.1334060","url":null,"abstract":"The EU emissions trading scheme (EU-ETS) introduced in 2005 is the only mandatory cap-and-trade system operating in the world today. Lessons could be taken from the EU stance which allows for flexibility in rules and realises emission reductions with firm commitments by stakeholders. This CEPS Policy Brief is published in a bilingual English-Japanese version. The Japanese version was originally published in Nihon Keizai Shimbun, 14 February 2008.","PeriodicalId":311891,"journal":{"name":"PSN: International Institutions & Law: Compliance (Topic)","volume":"174 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129487736","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}