LSN: International Organizations (Topic)最新文献

{"title":"International Standards","authors":"Markus Wagner","doi":"10.1109/tieci.1975.351229","DOIUrl":"https://doi.org/10.1109/tieci.1975.351229","url":null,"abstract":"The Agreement on Technical Barriers to Trade, an agreement under the umbrella of the World Trade Organization, prescribes rules pertaining to technical regulations, standards and conformity assessment procedures. One of the important hallmarks of the agreement is the use of international standards developed by a variety of international bodies, the use of which leads to a presumption of compliance with WTO law. Recent decisions of dispute settlement organs have shed some light on the obligations that WTO members incur under the agreement and the circumstances in which WTO members may deviate from such standards. While these decisions have brought about some clarity, they also leave many questions unanswered, including the division of power between the international trade regime and WTO members.","PeriodicalId":358485,"journal":{"name":"LSN: International Organizations (Topic)","volume":"100 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133418381","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":"Buying Votes and International Organizations","authors":"Axel Dreher, J. Vreeland","doi":"10.2139/ssrn.1845525","DOIUrl":"https://doi.org/10.2139/ssrn.1845525","url":null,"abstract":"This study explores a basic idea in political economy: Trading money for political influence. Our focus is at the level of international institutions, where governments may exploit their influence in one organization to gain leverage over another. In particular, we consider the lending activities of the International Monetary Fund (IMF) and voting behavior at the United Nations Security Council (UNSC). Analyzing an original dataset on the successful and failed resolutions of the UNSC, we find evidence of vote-buying.","PeriodicalId":358485,"journal":{"name":"LSN: International Organizations (Topic)","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130417936","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 Future of Legal Theory","authors":"Peer C. Zumbansen","doi":"10.2139/ssrn.1688455","DOIUrl":"https://doi.org/10.2139/ssrn.1688455","url":null,"abstract":"This paper is part of a larger inquiry into “The Future of Law,” conducted by the Hague Institute for the Internationalisation of Law. The present paper addresses the prospects of development in the area of legal theory. It argues for a fundamental transformation of legal theory in the context of an increasingly interdisciplinary investigation into conceptualising legal argument and law’s role in regulating modern societies, inside and outside known parameters such as the state, normative hierarchy or ‘unity of law’. Instead, we must ask how and whether law at all can (or, should) reassert its place in a multi-vocal assessment of social order.","PeriodicalId":358485,"journal":{"name":"LSN: International Organizations (Topic)","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114752499","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":"Financial Sector Regulation and Financial Services Liberalization at the Crossroads: The Relevance of International Financial Standards in WTO Law","authors":"Régis Bismuth","doi":"10.54648/trad2010017","DOIUrl":"https://doi.org/10.54648/trad2010017","url":null,"abstract":"This article provides an assessment of the relevance in World Trade Organization (WTO) law of the international financial standards set by the Basel Committee on Banking Supervision (Basel Committee), the International Organization of Securities Commissions (IOSCO), and the International Association of Insurance Supervisors (IAIS), international cooperation for a bringing together domestic financial regulators. This analysis gauges the potential use of these international financial standards in a potential future dispute settlement involving the domestic regulation of financial services. It demonstrates their relevance in WTO law as well as their both considerable and contested role in the institutional practice of the organization, thereby highlighting the incentives for regulatory harmonization that are embedded in the General Agreement on Trade in Services (GATS). The difficulties are mainly centred on the Basel Committee due to its limited membership, therefore not meeting the conditions of validity for the recognition of external standards laid down in the GATS, and also leading to the reluctance of some developing countries unwilling to endorse standards to which they have not previously agreed. More broadly, this study reflects on the potential tensions between plurilateral regulatory strategies and the multilateral context of the WTO and highlights the insufficient coordination between the international legal frameworks for the regulation and for the liberalization of financial services.","PeriodicalId":358485,"journal":{"name":"LSN: International Organizations (Topic)","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127672696","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":"WIPO-WTO Relations and the Future of Global Intellectual Property Norms","authors":"Ruth L. Okediji","doi":"10.1017/S016767680800069X","DOIUrl":"https://doi.org/10.1017/S016767680800069X","url":null,"abstract":"The intense scholarly debate about the effects of harmonized global intellectual property (IP) rules under the TRIPS Agreement has yet to consider what role an appropriate organizational framework should play in facilitating development of IP norms to address new global challenges. The prevailing assumption has been that the norm-setting role of the World Intellectual Property Organization (WIPO) will remain unchanged despite the primacy of the TRIPS Agreement and the explicit mandate of the WTO for global IP regulation. Indeed, with respect to the supply of public goods, only the WTO - not WIPO - has the formal legal mandate to promote global public welfare. In this Article, I argue that the WTO, in a hierarchical division of labor with WIPO, should be promoted as the primary locus of IP norm-setting with respect to those norms that affect the production and supply of global public goods. I advance three primary arguments to support this claim. First, the WIPO-WTO Agreement can reasonably be interpreted as creating a hierarchical relationship between the two Organizations. Second, emerging global challenges such as climate change and food security require coordinated global action and bargained-for linkages to achieve results acceptable to countries at different levels of development. Third, the WTO's organizational design offers multiple points at which norm-setting processes could be more credibly centered on the development concerns of the global South. IP norm-setting in the WTO is not without risks. Nonetheless, an organizational culture in which IP is only one of many tools to accomplish defined welfare goals, rather than the raison d'etre of an organization's existence, could force open important institutional space in which future IP norms consistent both with the interests of less developed countries and the ideals of established IP systems, can be meaningfully negotiated. At a minimum, a hierarchical relationship may facilitate inter-institutional competition between the WTO and WIPO, generating additional welfare gains for the international community in the form of greater transparency in the processes of IP norm-setting, improvements in the democratic deficit inherent in international organizations generally, as well as systemic gains from enhanced accountability in the global management of IP.","PeriodicalId":358485,"journal":{"name":"LSN: International Organizations (Topic)","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121050860","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":"Keeping the Faith: America and the UN After Iraq","authors":"Nikolas Sturchler","doi":"10.2139/ssrn.1031391","DOIUrl":"https://doi.org/10.2139/ssrn.1031391","url":null,"abstract":"America's foreign policy appears to be in a shambles. Whatever Washington's reactions to the shock of Iraq will be in the upcoming years, the fate of the US will be connected to the fate of the international system and its institutionalised face, the UN. Through its eminence in the world, the US stands at the gravitational centre of transformation. Through its universal membership and wide-ranging competences, the UN is the natural forum for any such transformation to unfold - be it a move towards the rule of law in world affairs or a return to the geopolitics of the Cold War era. Looking at the various stages of the UN's history, I argue in this essay that the often heralded demise of the UN and its law, particularly the law governing the use of military force, is a product of misunderstanding of both the organisation's proper function and its ability to adapt to new circumstances. On the other hand, the UN is not yet its own master. The notion that it will outgrow the self-focused politics of its member states and proves itself as a true custodian of global public interests for now still remains beyond reach.","PeriodicalId":358485,"journal":{"name":"LSN: International Organizations (Topic)","volume":"292 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120881923","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":"Global Justice and Trade: A Puzzling Omission","authors":"Fernando R. Tesón, Jonathan Klick","doi":"10.2139/ssrn.1022996","DOIUrl":"https://doi.org/10.2139/ssrn.1022996","url":null,"abstract":"Economists generally agree that free trade leads to economic growth. This proposition is supported both by theoretical models and empirical data. Further, while the empirical evidence is more limited on this question, the general consensus among economists holds that trade restrictions are likely to hurt the poor. Even if the latter consensus turns out to be wrong, if free trade leads to superior growth, governments would have more resources to redistribute to the poor. It is surprising then that philosophers and human rights scholars do not advocate liberalizing trade as a way to improve the welfare of the poor as a class. While many scholars in these fields are silent with respect to the effect of free trade on the poor, some actually argue that liberalized trade is harmful for the poor, contrary to the claims of economists. In this article, we argue that any serious scholar concerned with the plight of the poor needs to address the theory and evidence regarding the effects of trade liberalization on economic growth, suggesting that the standard policy prescriptions of the philosophers and human rights scholars are, at best, of second order concern and, at worst, likely to be counterproductive in terms of improving the welfare of the poor.","PeriodicalId":358485,"journal":{"name":"LSN: International Organizations (Topic)","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124910429","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":"Guide to International Environmental Law","authors":"A. Kiss, Dinah L. Shelton","doi":"10.1163/ej.9781571053442.1-329","DOIUrl":"https://doi.org/10.1163/ej.9781571053442.1-329","url":null,"abstract":"This book aims to present the essential elements of international environmental law. The attached document includes a page memorializing the life of Alexandre Kiss (who passed away on March 22, 2007); a forward; a table of contents, author information, abbreviations, and Chapter 1, \"An Introduction to International Law.\" The book provides a general overview of why and how the international system elaborates environmental obligations and monitors compliance with them. Second, it discusses the relationship between international obligations and national and local law, with particular reference to federal systems. It indicates another interrelationship, pointing out the influence national law has on the emergence of international law as well as the growing role of international norms in the development and enforcement of national and local environmental policies. Finally, it examines the extent to which environmental protection should be and is taken into account in other regulatory frameworks, from trade law and human rights to disarmament and refugee policy. The basic knowledge provided in this book should allow the reader to undertake further research on topics of environmental regulation at the international level and to understand the implications of international environmental law for national law and policy.","PeriodicalId":358485,"journal":{"name":"LSN: International Organizations (Topic)","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-09-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125477429","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 United States and the International Court of Justice: Coping with Antinomies","authors":"S. Murphy","doi":"10.1017/CBO9780511819759.005","DOIUrl":"https://doi.org/10.1017/CBO9780511819759.005","url":null,"abstract":"Since 1946, the United States has had an uneasy relationship with the International Court of Justice (ICJ or World Court or Court). This chapter addresses certain salient aspects of that relationship. Following an introductory Part I, Part II briefly sets forth three \"antinomies\" (i.e. equally rational but conflicting principles) in U.S. foreign relations that have had important ramifications for the U.S. relationship with the Court from the outset. First, the United States operates on the basis of conflicting principles with respect to the relevance of international law and institutions for U.S. foreign policy. These conflicting principles have been referred to broadly in international relations theory as \"realism\" and \"institutionalism.\" Second, the United States operates on the basis of conflicting principles with respect to whether states should be treated as equal sovereigns or as units characterized by inescapable power differentials. Third, the United States operates on the basis of conflicting principles with respect to whether international law should be \"embedded\" in U.S. law, including the manner in which international courts relate to U.S. law. Part III suggests that the International Court was initially designed to accommodate such antinomies (which also exist with respect to other states, to varying degrees) by providing the means for mediating between these conflicting principles. These techniques for mediating antinomies are discussed in the context of the history of the U.S. relationship with the Court from its inception to modern times. Part IV then briefly highlights the unfolding of these antimonies in some of the recent cases of the United States before the Court, with particular attention to the Oil Platforms case, the Israeli Wall advisory opinion, and the Breard/LaGrand/Avena cases. Among other things, Part V suggests that certain formal and informal means for mediating these antimonies may have been forgotten in the past twenty years, leading to a point where the Court readily finds fault in the United States and the United States holds the Court in very low regard. The chapter concludes that these antinomies are unlikely to be resolved through the further development of formal or informal mediating techniques. In the near term, American policymakers will seek to avoid any involvement in matters before the Court, while the Court will embrace opportunities to speak to the legality of U.S. actions.","PeriodicalId":358485,"journal":{"name":"LSN: International Organizations (Topic)","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133172586","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":"Five Years of China WTO Membership: EU and US Perspectives About China's Compliance With Transparency Commitments and the Transitional Review Mechanism","authors":"P. Farah","doi":"10.54648/leie2006016","DOIUrl":"https://doi.org/10.54648/leie2006016","url":null,"abstract":"China's accession to the WTO represents a goal achieved after nearly fifteen years of exhausting negotiations. However, many legal, political and social problems have not yet been tackled in terms of achieving real implementation of WTO provisions throughout the territory of the People's Republic of China. The Protocol requires a general and deep application of transparency, which will radically influence and change the Chinese legal system. There are a wide range of transparency related problems such as the formal publication of laws and regulations, procedural fairness in decision-making, the judicial review and the non-discrimination principle. The special precautionary instrument, the Transitional Review Mechanism (TRM), was included in the Protocol of China's Accession to the WTO, as requested by the US and supported by the EU. The TRM has the objective of monitoring and enforcement of implementation of WTO commitments, promoting transparency and the exchange of information in trade relations with China. Bilateral engagements and multilateral forums are both essential to bring China into full compliance with its WTO commitments.","PeriodicalId":358485,"journal":{"name":"LSN: International Organizations (Topic)","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122173508","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}