{"title":"Finnish–Swedish Frontier River Commission – Effective water co-operation","authors":"M. Fitzmaurice","doi":"10.1163/156771203322428403","DOIUrl":"https://doi.org/10.1163/156771203322428403","url":null,"abstract":"The paper examines the structure and the competence of the Finnish–Swedish Frontier River Commission (the \"FSFRC\") as an example of close and very successful co-operation between two States, based on the approximation of national laws. This essay will also prove that the Agreement establishing this FSFRC has incorporated, already as early as 1971, the contemporary principles of water co-operation that were first incorporated to a certain degree in 1966 Helsinki Rules on the Uses of the Waters of International Water Basin, and later found their expression in the 1997 United Nations Convention on Non-Navigational Uses of International Watercourses.","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124309776","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 role of international organisations in international law-making international environmental negotiations – an empirical study","authors":"G. Loibl","doi":"10.1163/15718070121003428","DOIUrl":"https://doi.org/10.1163/15718070121003428","url":null,"abstract":"International organisations and institutions have become an important factor in international law-making process in the last decades. This is due to a number of factors, such as the knowledge gained in their areas of activities, the proliferation of international organisations, the danger of overlapping or even contradicting provisions in the various fields and the interrelationship between various areas of international law. Thus, international organisations and institutions are no longer seen as merely being advisors and observers to international law-making, but take a more active role as they are a source of expertise. This increased role of international organisations and institutions in international law-making is clearly demonstrated in the area of international environmental law by an empirical study analysing recent law-making processes, e.g. in the area of protection of the ozone layer and climate change.","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"109 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124238740","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":"C. Barea et al. (eds.), Liber Amicorum `In Memoriam' of Judge José María Ruda","authors":"Fitzmaurice","doi":"10.1163/157180702400453229","DOIUrl":"https://doi.org/10.1163/157180702400453229","url":null,"abstract":"","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132335999","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":"Changing Role of Friends of the Court in the International Courts and Tribunals","authors":"J. Razzaque","doi":"10.1163/15718070121003527","DOIUrl":"https://doi.org/10.1163/15718070121003527","url":null,"abstract":"The paper examines the practice and procedures of a range of international courts and tribunals with regard to the submission of amicus curiae briefs by non-governmental actors. The focus is on the recent practice in the ICJ, WTO dispute settlement system and in the regional human rights bodies, as well as in international criminal tribunals, with a view to identifying whether any common rules or approaches exist. The study sets out the current rules regarding the receipt of amicus curiae briefs and considers the procedural rules that apply to the submission of such briefs. The paper focuses on the ways international court and tribunals are able to use the information and arguments submitted by amicus curiae briefs.","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131191908","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 Changing Face of Conflict and International Humanitarian Law. Helen Durham and Timothy McCormack (eds.)","authors":"E. Bowes","doi":"10.1163/1571807024396458","DOIUrl":"https://doi.org/10.1163/1571807024396458","url":null,"abstract":"","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127075765","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-State Actors and water resources development – An economic perspective","authors":"Perry","doi":"10.1163/156771203322428395","DOIUrl":"https://doi.org/10.1163/156771203322428395","url":null,"abstract":"The paper defines a set of activities that must be undertaken if water resources management is to be productive and sustainable – two of the basic indicators by which economists measure success. The roles that Non-State Actors may play in these activities are discussed, as well as the usefulness and relevance of economics in each case. Two brief case studies are presented as examples of over-dependence on simplistic approaches – whether dependence on an organisational model, or dependence on an analytical discipline. It is concluded that the essential elements of successful and productive water resources management are scale-independent, that water scarcity requires higher levels of control – which is at variance with current moves to decentralise management; and that the value of each actor's and discipline's contribution to success is interdependent on all other elements.","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134269339","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":"Private and public roles in flood defence","authors":"W. Howarth","doi":"10.1163/156771203322428377","DOIUrl":"https://doi.org/10.1163/156771203322428377","url":null,"abstract":"This paper examines the role of private individuals and public bodies in relation to the provision of flood and coastal defence in England and Wales. After introductory discussion of the concept and character of 'flooding', relevant private rights and duties are considered and the limitations of the civil law outlined. This is followed by a summary of the national allocation of public responsibilities for flood defence and an account of the reliance upon statutory powers to take action, and the curious absence of any substantive duties to do so. The traditional understanding of responsibilities for flood defence is contrasted with recent indications that, in certain circumstances, flood protection may constitute a human right. The concluding discussion is generally critical of the suggestion that any right to flood defence can be formulated in the unqualified way that seems to be envisaged. The important issues needing to be addressed, in both private and public law, concern the formulation and extent of responsibilities, which properly reflect the reasonableness of actions, and take full account of economic, social and environmental impacts of flood defence provision.","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115274909","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":"Monique Castermans-Holleman, Fried van Hoof, Jacqueline Smith, The Role of the Nation-State in the 21st Century: Human Rights, International Organisations and Foreign Policy, Essays in Honour of Peter Baehr","authors":"Müllerson","doi":"10.1163/15718070121003491","DOIUrl":"https://doi.org/10.1163/15718070121003491","url":null,"abstract":"","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120966410","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-State actors and sustainability labelling schemes: Implications for international law","authors":"M. Campins-Eritja, J. Gupta","doi":"10.1163/1571807024396421","DOIUrl":"https://doi.org/10.1163/1571807024396421","url":null,"abstract":"This paper argues that although labour, human rights and environmental law provide the minimum standards for international action, the law of sustainable development provides an aspirational goal, but not a measurable standard. As such, pressure groups that want to promote environmental and social protection have pushed for ethical self-regulation by industry. This has led to a new global trend in self-regulation and hybrid forms of regulation. This paper examines the impact of this trend on international law.","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116023084","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 sky is the limit: The changing role of the state in water management issues in the Netherlands","authors":"B. Dolfing","doi":"10.1163/157180703322765076","DOIUrl":"https://doi.org/10.1163/157180703322765076","url":null,"abstract":"Water management in the Netherlands involves reliance upon norms and values that are rooted in tradition, but responsive to the changing wishes and needs of society. The triangular relationship of 'interest-pay-say' has been a fundamental and consistently dominant principle, and to a large degree qualifies current interactions between state and non-state actors. Since the storm surge of 1953, the devastating effects of which were partly blamed on the water boards, these organizations have shown resilience by concentration, increase in scale and democratization. They were rewarded with the task of water quality management, which also made them financially self-supporting. Today, other developments threaten the water boards. Unusual floods have occurred, and are likely to occur more frequently in the near future. Non-state actors are unwilling to accept the accompanying risk of damage, but on the other hand they find it hard to spend more money on safety measures. The balancing of interests among the growing variety of tasks concerning water management is also a continuous struggle. Spatial planning is an especially topical issue, and it constitutes both an illustration and a test case for whether state and nonstate actors will successfully avoid bad practices and find good practices for settling rights, disputes and conflicts. In doing so, both parties will have to acknowledge that the sky is the limit.","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123030066","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}