{"title":"The Global Environment Facility Galaxy: On Linkages among Institutions","authors":"Laurence Boisson de Chazournes","doi":"10.1163/187574199x00063","DOIUrl":"https://doi.org/10.1163/187574199x00063","url":null,"abstract":"","PeriodicalId":167092,"journal":{"name":"Max Planck Yearbook of United Nations Law Online","volume":"12 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":"120822608","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}
The CTE was established by the WTO General Council, acting under article IV para.7 of the Agreement Establishing the World Trade Organization, and its mandate has been renewed at successive meetings of the Ministerial Conference. One of the objectives of the CTE, as envisaged by the Trade Negotiations Committee included making "appropriate recommendations on whether any modifications of the provisions of the multilateral trading system are required, compatible with the open, equitable and non-discriminatory nature of the system ... "
{"title":"The WTO Committee on Trade and Environment: Is it making a Difference?","authors":"R. Tarasofsky","doi":"10.1163/187574199X00135","DOIUrl":"https://doi.org/10.1163/187574199X00135","url":null,"abstract":"The CTE was established by the WTO General Council, acting under article IV para.7 of the Agreement Establishing the World Trade Organization, and its mandate has been renewed at successive meetings of the Ministerial Conference. One of the objectives of the CTE, as envisaged by the Trade Negotiations Committee included making \"appropriate recommendations on whether any modifications of the provisions of the multilateral trading system are required, compatible with the open, equitable and non-discriminatory nature of the system ... \"","PeriodicalId":167092,"journal":{"name":"Max Planck Yearbook of United Nations Law Online","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":"122429139","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}
In his "philosophical sketch" on "Perpetual Peace" (1795), Immanuel Kant explained why classical international law, based on state sovereignty and self-help, cannot secure freedom and equal rights of citizens as well as of states. In order to limit abuses of government powers and protect "democratic peace" at home and abroad, national constitutional guarantees of individual rights and of representative governments must be supplemented by international constitutional rules based on a "federation of free states" and on "cosmopolitan" integration law for peaceful cooperation among citizens across frontiers. Kant criticized classical
{"title":"Proposals for Strengthening the UN Dispute Settlement System","authors":"E. Petersmann","doi":"10.1163/187574199X00036","DOIUrl":"https://doi.org/10.1163/187574199X00036","url":null,"abstract":"In his \"philosophical sketch\" on \"Perpetual Peace\" (1795), Immanuel Kant explained why classical international law, based on state sovereignty and self-help, cannot secure freedom and equal rights of citizens as well as of states. In order to limit abuses of government powers and protect \"democratic peace\" at home and abroad, national constitutional guarantees of individual rights and of representative governments must be supplemented by international constitutional rules based on a \"federation of free states\" and on \"cosmopolitan\" integration law for peaceful cooperation among citizens across frontiers. Kant criticized classical","PeriodicalId":167092,"journal":{"name":"Max Planck Yearbook of United Nations Law Online","volume":"12 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":"122779730","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":"International Seabed Authority: The First Four Years","authors":"M. Wood","doi":"10.1163/187574199X00054","DOIUrl":"https://doi.org/10.1163/187574199X00054","url":null,"abstract":"","PeriodicalId":167092,"journal":{"name":"Max Planck Yearbook of United Nations Law Online","volume":"5 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":"114576572","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}
Pub Date : 1900-01-01DOI: 10.1163/18757413-90000080
Marcus Schladebach
Fifty years of Space flight has left many objects in Outer Space. For a long time the Space community has debated the implementation of regulations concerning the increasing problem of the resulting Space debris. The reasons for this have been intensively analyzed, but the international community is yet to find an effective legal answer. The traditional Space Law treaties do not cover this question and in particular cannot offer a suitable solution for the most urgent need: the avoidance of Space debris through its removal from Outer Space back to earth. The legal outcome of this debate is rather disappointing. The UN Committee on the Peaceful Uses of Outer Space has released special Space Debris Mitigation Guidelines which are neither legally binding nor meet the real necessity. They can only be recognized as a first tentative step in the right direction. But their implementation could foresee the serious danger that the international community leaves the state of law as it is and fails to develop it further. Therefore it is necessary to negotiate a new provision and insert it into the Outer Space Treaty. This article offers a draft of such a legally binding obligation.
{"title":"Space Debris as a Legal Challenge","authors":"Marcus Schladebach","doi":"10.1163/18757413-90000080","DOIUrl":"https://doi.org/10.1163/18757413-90000080","url":null,"abstract":"Fifty years of Space flight has left many objects in Outer Space. For a long time the Space community has debated the implementation of regulations concerning the increasing problem of the resulting Space debris. The reasons for this have been intensively analyzed, but the international community is yet to find an effective legal answer. The traditional Space Law treaties do not cover this question and in particular cannot offer a suitable solution for the most urgent need: the avoidance of Space debris through its removal from Outer Space back to earth. The legal outcome of this debate is rather disappointing. The UN Committee on the Peaceful Uses of Outer Space has released special Space Debris Mitigation Guidelines which are neither legally binding nor meet the real necessity. They can only be recognized as a first tentative step in the right direction. But their implementation could foresee the serious danger that the international community leaves the state of law as it is and fails to develop it further. Therefore it is necessary to negotiate a new provision and insert it into the Outer Space Treaty. This article offers a draft of such a legally binding obligation.","PeriodicalId":167092,"journal":{"name":"Max Planck Yearbook of United Nations Law Online","volume":"49 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":"124326801","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}
Pub Date : 1900-01-01DOI: 10.1163/18757413-90000088
Daniel Heilmann
{"title":"Book Reviews: Maximilian Schulte: “Asymmetrische Konflikte” Verlag Dr. Kovač, 2012, 384 pages, ISBN 978-3-8300-6529-6","authors":"Daniel Heilmann","doi":"10.1163/18757413-90000088","DOIUrl":"https://doi.org/10.1163/18757413-90000088","url":null,"abstract":"","PeriodicalId":167092,"journal":{"name":"Max Planck Yearbook of United Nations Law Online","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":"131295868","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}
Pub Date : 1900-01-01DOI: 10.1163/18757413-90000087
Pablo Donoso
{"title":"Carbon Sequestration and Storage: Legal Implications of a Possible Solution to Reduce Carbon Dioxide Emissions in the Mining Industry","authors":"Pablo Donoso","doi":"10.1163/18757413-90000087","DOIUrl":"https://doi.org/10.1163/18757413-90000087","url":null,"abstract":"","PeriodicalId":167092,"journal":{"name":"Max Planck Yearbook of United Nations Law Online","volume":"39 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":"126406431","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}
The United Nations Convention on Biological Diversity touches upon the most basic of our daily activities: eating, drinking, clothing, housing. Where we obtain food, what quality water we drink, how we cure diseases, where we are able to enjoy recreational activities and where we obtain the most important resources such as timber, hemp, rattan, or cotton to clothe, construct and the creation of various kinds of utensils. In short, the Convention perhaps encapsulates all that we do, need or use in our day to day life.
{"title":"The Regime Building of the Convention on Biological Diversity on the Road to Nairobi","authors":"G. Henne, S. Fakir","doi":"10.1163/187574199X00081","DOIUrl":"https://doi.org/10.1163/187574199X00081","url":null,"abstract":"The United Nations Convention on Biological Diversity touches upon the most basic of our daily activities: eating, drinking, clothing, housing. Where we obtain food, what quality water we drink, how we cure diseases, where we are able to enjoy recreational activities and where we obtain the most important resources such as timber, hemp, rattan, or cotton to clothe, construct and the creation of various kinds of utensils. In short, the Convention perhaps encapsulates all that we do, need or use in our day to day life.","PeriodicalId":167092,"journal":{"name":"Max Planck Yearbook of United Nations Law Online","volume":"24 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":"131837357","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":"WTO Dispute Settlement: The Implementation Stage","authors":"Peter-Tobias Stoll, Arthur Steinmann","doi":"10.1163/187574199X00117","DOIUrl":"https://doi.org/10.1163/187574199X00117","url":null,"abstract":"","PeriodicalId":167092,"journal":{"name":"Max Planck Yearbook of United Nations Law Online","volume":"43 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":"130144945","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":"Unilateral Enforcement of the Collective Will: Kosovo, Iraq, and the Security Council*","authors":"Nico Krisch","doi":"10.1163/187574199X00027","DOIUrl":"https://doi.org/10.1163/187574199X00027","url":null,"abstract":"","PeriodicalId":167092,"journal":{"name":"Max Planck Yearbook of United Nations Law Online","volume":"5 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":"125373522","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}
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