Public International Law eJournal最新文献_第6页

A Behavioral Approach to International Legal Cooperation 国际法律合作的行为取向

Public International Law eJournal Pub Date : 2012-07-04 DOI: 10.2139/SSRN.1969905

Emilie M. Hafner-Burton, Brad L. LeVeck, D. Victor, J. Fowler

引用次数: 9

Transnational Dealings - Morrison Continues to Make Waves 跨国交易——莫里森继续兴风作浪

Public International Law eJournal Pub Date : 2012-06-22 DOI: 10.2139/SSRN.2205416

Marc I. Steinberg, K. Flanagan

引用次数: 2

Stress Testing Stress Tests: Challenging the Authority of Indicators 压力测试:挑战指标的权威性

Public International Law eJournal Pub Date : 2012-06-13 DOI: 10.2139/ssrn.2083594

Matthias Goldmann

引用次数: 1

The Role of NGOs and Civil Society in Development and Poverty Reduction 非政府组织和民间社会在发展和减贫中的作用

Public International Law eJournal Pub Date : 2012-06-01 DOI: 10.2139/ssrn.2072157

N. Banks, D. Hulme

{"title":"The Role of NGOs and Civil Society in Development and Poverty Reduction","authors":"N. Banks, D. Hulme","doi":"10.2139/ssrn.2072157","DOIUrl":"https://doi.org/10.2139/ssrn.2072157","url":null,"abstract":"Abstract Since the late 1970s, NGOs have played an increasingly prominent role in the development sector, widely praised for their strengths as innovative and grassroots-driven organisations with the desire and capacity to pursue participatory and people-centred forms of development and to fill gaps left by the failure of states across the developing world in meeting the needs of their poorest citizens. While levels of funding for NGO programmes in service delivery and advocacy work have increased alongside the rising prevalence and prominence of NGOs, concerns regarding their legitimacy have also increased. There are ongoing questions of these comparative advantages, given their growing distance away from low-income people and communities and towards their donors. In addition, given the non-political arena in which they operate, NGOs have had little participation or impact in tackling the more structurally-entrenched causes and manifestations of poverty, such as social and political exclusion, instead effectively depoliticising poverty by treating it as a technical problem that can be ‘solved’. How, therefore, can NGOs ‘return to their roots’ and follow true participatory and experimental paths to empowerment? As this paper explores, increasingly, NGOs are recognised as only one, albeit important, actor in civil society. Success in this sphere will require a shift away from their role as service providers to that of facilitators and supporters of broader civil society organisations through which low-income communities themselves can engage in dialogue and negotiations to enhance their collective assets and capabilities.","PeriodicalId":375754,"journal":{"name":"Public International Law eJournal","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134601278","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: 253

Changes in the Regulation of the Legal Profession in Bailed Out Ireland: For Better or Worse? 受纾困爱尔兰法律行业监管的变化:是好是坏?

Public International Law eJournal Pub Date : 2012-04-03 DOI: 10.2139/SSRN.2033714

Maeve Hosier

{"title":"Changes in the Regulation of the Legal Profession in Bailed Out Ireland: For Better or Worse?","authors":"Maeve Hosier","doi":"10.2139/SSRN.2033714","DOIUrl":"https://doi.org/10.2139/SSRN.2033714","url":null,"abstract":"In accordance with the terms of the loan which was obtained in November 2010 from the IMF and EU (the Troika) the Irish Government committed to significant reform of the legal services market, and the Legal Services Regulation Bill (LSRB) which was published in October 2011 seeks to meet the state's obligations in that regard. The regulation of the legal profession in Ireland is about to be radically altered, if the LSRB is enacted in its current form. It provides for the establishment of a Legal Services Regulatory Authority with responsibility for the regulation of both solicitors and barristers. It will establish the Office of Legal Costs Adjudicator which will endeavor to bring greater transparency to the area of legal costs. A new Legal Practitioners Disciplinary Tribunal will also be established to oversee the operation of an independent system for the investigation of complaints relating to professional misconduct.The publication of the LSRB set the scene for a battle royale between both the Bar Council of Ireland and The Law Society of Ireland on the one hand and the Minister for Justice, Mr Alan Shatter on the other. This paper describes the existing framework which governs the regulation of the legal profession in Ireland, explores the key provisions of the LSRB and assesses their potential impact upon the present regulatory structure. It also describes how the LSRB will replace the present regulatory framework with a system of governmental co-regulation. The paper argues that the provisions of the LSRB will help to prevent the re-emergence of a triad involving property developers, financial institutions and lawyers which was a prime mover in the inflation and subsequent collapse of the Irish property bubble.","PeriodicalId":375754,"journal":{"name":"Public International Law eJournal","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122881093","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: 0

The EU and Multilateral Crisis Management: Assessing Cooperation and Coordination with the UN 欧盟与多边危机管理:评估与联合国的合作与协调

Public International Law eJournal Pub Date : 2012-04-02 DOI: 10.2139/ssrn.2170430

L. Fioramonti, M. Schoeman, G. Olivier

引用次数: 1

Economic Violence in the Practice of African Truth Commissions and Beyond 非洲真相委员会及其他组织实践中的经济暴力

Public International Law eJournal Pub Date : 2012-03-27 DOI: 10.1007/978-1-4614-8172-0_4

Dustin N. Sharp

引用次数: 5

Converging Trends in Investment Treaty Practice 投资条约实践的趋同趋势

Public International Law eJournal Pub Date : 2012-03-08 DOI: 10.2139/SSRN.1933314

K. H. Cross

{"title":"Converging Trends in Investment Treaty Practice","authors":"K. H. Cross","doi":"10.2139/SSRN.1933314","DOIUrl":"https://doi.org/10.2139/SSRN.1933314","url":null,"abstract":"Traditionally, the vested interests of states concluding bilateral investment treaties (BITs) fell into two categories: on the side of capital-exporting states, an interest in adopting strong protections for foreign investors; on the side of capital-importing states, an interest in attracting foreign investment but also in attempting to preserve host country sovereignty and authority to promote the public interest. Over the past decade or so, however, the line between capital-exporting and capital-importing state increasingly has blurred, and the calculus for states negotiating BITs has become less certain. The experience of the US as a respondent to claims brought to arbitration by Canadian investors under Chapter 11 of NAFTA significantly affected the development of a new generation of US BITs that better balance the interests of host states against those of foreign investors. Similarly, as emerging market economies become significant exporters of capital, these countries are concluding BITs and resorting to investor-state arbitration, driven at least in part by the needs of their own foreign investors. This article examines this convergence in BIT practice. It suggests that these converging trends, a function of states operating behind what Rawls referred to as a “veil of ignorance,” are having and should continue to have a moderating influence on the content of BITs.","PeriodicalId":375754,"journal":{"name":"Public International Law eJournal","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-03-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124164934","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: 4

Bombshells with Black Faces: Examining the Intersection between Terrorism, State Failure, and Sexual Gender Based Violence in Sub-Saharan Africa 黑脸炸弹:审视撒哈拉以南非洲的恐怖主义、国家失败和基于性别的暴力之间的交集

Public International Law eJournal Pub Date : 2012-03-05 DOI: 10.2139/ssrn.2015945

Tiffiany Howard

{"title":"Bombshells with Black Faces: Examining the Intersection between Terrorism, State Failure, and Sexual Gender Based Violence in Sub-Saharan Africa","authors":"Tiffiany Howard","doi":"10.2139/ssrn.2015945","DOIUrl":"https://doi.org/10.2139/ssrn.2015945","url":null,"abstract":"At the time of this writing there exist a handful of studies that examine the relationship between fragile states and the emergence of political violence; few that restrict their research to the study of Africa, and even fewer that assess the impact this relationship has on women. In conflict ridden societies where the state has collapsed and there are fledgling political infrastructures, there has been a gross negligence in the protection of women and girls. In failed states, women are at a high risk of becoming the victims of rape and other gender based violence; and while studies have examined this phenomenon and the psychological impact this type of violence has on women, there are few existing studies that evaluate the socio-political impact on women; mainly how exposure to gender based violence influences women’s attitudes towards the key political issues of terrorism and political violence. I raise this issue because in conflict ridden societies where sexual dominance and female inferiority have become institutionalized as a societal norm, there is a propensity for these women, after having been sexually victimized, to cling to their feelings of revenge, which has later been cited as the overwhelming reason why women seek to join and support terrorist organizations. The female suicide terrorism literature supports this assertion, pointing to the victimization and powerlessness of women as the major impetus that motivates females to engage in acts of terrorism. Consequently, using sub-Saharan Africa as the unit of analysis, where terrorism and political violence are on the rise, and conflict, rape and gender based violence are prevalent, I evaluate the attitudes of women, who have been victimized, and their support for political violence. The findings suggest that the international community could soon encounter the emergence of terrorist threats from sub-Saharan Africa with female faces.","PeriodicalId":375754,"journal":{"name":"Public International Law eJournal","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-03-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129381481","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: 0

Global Harmonization Through Public-Private Partnership: The Case of Pharmaceuticals 通过公私伙伴关系实现全球协调:制药业的案例

Public International Law eJournal Pub Date : 2012-01-29 DOI: 10.2139/SSRN.1995035

Stéphanie Dagron

{"title":"Global Harmonization Through Public-Private Partnership: The Case of Pharmaceuticals","authors":"Stéphanie Dagron","doi":"10.2139/SSRN.1995035","DOIUrl":"https://doi.org/10.2139/SSRN.1995035","url":null,"abstract":"The harmonization activities of the International Conference on Harmonization (ICH) in the field of pharmaceutical marketing regulation perfectly illustrate the possible normative influence of non-binding instruments adopted by sub-national actors. The ICH is a hybrid organization composed of representatives of the pharmaceutical industry on one hand and the national regulation agencies of three regions on the other. An intergovernmental organization, the World Health Organization (WHO), is associated to the ICH activities through its observer status. The ICH has adopted more than 50 “technical” guidelines which have developed into global standards. It has thus become extremely difficult for national regulators to modify the criteria for drug marketing approval unilaterally. Some guidelines go beyond the standardization of technical requirements. They reflect commercial, political or ethical choices and pose complex legitimacy and accountability challenges. The analysis of the multi-level procedure and institutional framework of the ICH has so far not been conducted from a global administrative law perspective. A closer examination of the ICH process reveals a deficient structure and the need for the development of new legal standards. Some steps already taken by the ICH should be pursued further and could contribute a model for greater accountability and legitimacy for new forms of global administrative decision-making procedures.","PeriodicalId":375754,"journal":{"name":"Public International Law eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-01-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129711448","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: 1