Emilie M. Hafner-Burton, Brad L. LeVeck, D. Victor, J. Fowler
International relations theories have largely ignored the role of individual people who play key roles in treaty design and participation; instead, that scholarship assumes that other factors, such as treaty enforcement, matter most. We use experiments drawn from behavioral economics and cognitive psychology — along with a substantive survey focused on international trade treaties — to illustrate how two traits (patience and strategic skills) could influence treaty outcomes. More patient and strategic players favor treaties with larger numbers of countries (and thus larger long-term benefits). These behavioral traits had much larger impacts on simulated treaty outcomes than treaty enforcement mechanisms. This study is based on a sample of 509 university students yet provides a baseline for future experimental and survey research on actual policy elites who design and implement treaties; a preliminary sample of 73 policy elites displays the same main patterns described in this paper.
{"title":"A Behavioral Approach to International Legal Cooperation","authors":"Emilie M. Hafner-Burton, Brad L. LeVeck, D. Victor, J. Fowler","doi":"10.2139/SSRN.1969905","DOIUrl":"https://doi.org/10.2139/SSRN.1969905","url":null,"abstract":"International relations theories have largely ignored the role of individual people who play key roles in treaty design and participation; instead, that scholarship assumes that other factors, such as treaty enforcement, matter most. We use experiments drawn from behavioral economics and cognitive psychology — along with a substantive survey focused on international trade treaties — to illustrate how two traits (patience and strategic skills) could influence treaty outcomes. More patient and strategic players favor treaties with larger numbers of countries (and thus larger long-term benefits). These behavioral traits had much larger impacts on simulated treaty outcomes than treaty enforcement mechanisms. This study is based on a sample of 509 university students yet provides a baseline for future experimental and survey research on actual policy elites who design and implement treaties; a preliminary sample of 73 policy elites displays the same main patterns described in this paper.","PeriodicalId":375754,"journal":{"name":"Public International Law eJournal","volume":"70 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129329879","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}
Morrison v. National Australia Bank Ltd. drastically altered the landscape for transnational securities litigation and the way that courts determine proper application of a statute concerning a transnational claim. The Supreme Court’s characterization of extraterritoriality under the Securities Exchange Act as a merits-based inquiry has led to a reexamination of limitations under other federal statutes that were previously thought to be jurisdictional issues. Significantly, Morrison created a road map for courts to follow when the extraterritoriality of a statute is brought into question. The key to proper application of a statute is to decipher the minimum U.S. contacts required to state a transnational claim. The tests developed addressing this inquiry are critical in discerning the boundaries of U.S. law at a time when transnational dealings are prevalent.
莫里森诉澳大利亚国民银行案(Morrison v. National Australia Bank Ltd.)彻底改变了跨国证券诉讼的格局，也改变了法院判定有关跨国索赔的法规是否适用的方式。最高法院将《证券交易法》下的治外法权定性为基于功绩的调查，导致了对其他联邦法规下的限制的重新审查，这些限制以前被认为是管辖权问题。重要的是，莫里森为法院在法规的治外法权受到质疑时制定了一个路线图。适当适用法规的关键是要理解陈述跨国索赔所需的最低限度的美国联系。在跨国交易盛行的时代，为解决这一问题而开发的测试对于辨别美国法律的界限至关重要。
{"title":"Transnational Dealings - Morrison Continues to Make Waves","authors":"Marc I. Steinberg, K. Flanagan","doi":"10.2139/SSRN.2205416","DOIUrl":"https://doi.org/10.2139/SSRN.2205416","url":null,"abstract":"Morrison v. National Australia Bank Ltd. drastically altered the landscape for transnational securities litigation and the way that courts determine proper application of a statute concerning a transnational claim. The Supreme Court’s characterization of extraterritoriality under the Securities Exchange Act as a merits-based inquiry has led to a reexamination of limitations under other federal statutes that were previously thought to be jurisdictional issues. Significantly, Morrison created a road map for courts to follow when the extraterritoriality of a statute is brought into question. The key to proper application of a statute is to decipher the minimum U.S. contacts required to state a transnational claim. The tests developed addressing this inquiry are critical in discerning the boundaries of U.S. law at a time when transnational dealings are prevalent.","PeriodicalId":375754,"journal":{"name":"Public International Law eJournal","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-06-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126490622","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}
This paper examines macroprudential stress tests carried out by financial supervisors from a legal perspective. Stress tests are highly contingent because of their use of a number of controversial indicators such as adverse scenarios and risk models. At the same time, they constitute highly effective exercises of public authority. From a public law perspective, this raises their question whether the current legal framework is suitable. In light of the potential of supervisory stress tests to cause externalities and to second-guess financial regulation, the paper argues that supervisory stress tests should be regulated on the international level. The paper makes specific proposals for international legal rules relating to the design and conduct of stress tests as well as their use and follow-up measures.
{"title":"Stress Testing Stress Tests: Challenging the Authority of Indicators","authors":"Matthias Goldmann","doi":"10.2139/ssrn.2083594","DOIUrl":"https://doi.org/10.2139/ssrn.2083594","url":null,"abstract":"This paper examines macroprudential stress tests carried out by financial supervisors from a legal perspective. Stress tests are highly contingent because of their use of a number of controversial indicators such as adverse scenarios and risk models. At the same time, they constitute highly effective exercises of public authority. From a public law perspective, this raises their question whether the current legal framework is suitable. In light of the potential of supervisory stress tests to cause externalities and to second-guess financial regulation, the paper argues that supervisory stress tests should be regulated on the international level. The paper makes specific proposals for international legal rules relating to the design and conduct of stress tests as well as their use and follow-up measures.","PeriodicalId":375754,"journal":{"name":"Public International Law eJournal","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123780140","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}
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.
{"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}
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.
{"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}
Multilateralism sits high on the European foreign policy agenda and constitutes a founding principle of the EU’s integration process. Yet, a comparative analysis of key missions and diplomatic initiatives in the field of crisis management reveals lights and shadows in the much-heralded ‘choice of multilateralism’ underpinning the cooperation between the EU and the UN. On the one hand, the EU strives to support the UN and operate legitimately within its framework and mandate; on the other hand, it wishes to carve out an autonomous space for its role in multilateral crisis management, be it through military means or though diplomatic strategies. Moreover, institutional cooperation at the top-level has not always resulted in good coordination on the ground, thus undermining ‘effective multilateralism.’
{"title":"The EU and Multilateral Crisis Management: Assessing Cooperation and Coordination with the UN","authors":"L. Fioramonti, M. Schoeman, G. Olivier","doi":"10.2139/ssrn.2170430","DOIUrl":"https://doi.org/10.2139/ssrn.2170430","url":null,"abstract":"Multilateralism sits high on the European foreign policy agenda and constitutes a founding principle of the EU’s integration process. Yet, a comparative analysis of key missions and diplomatic initiatives in the field of crisis management reveals lights and shadows in the much-heralded ‘choice of multilateralism’ underpinning the cooperation between the EU and the UN. On the one hand, the EU strives to support the UN and operate legitimately within its framework and mandate; on the other hand, it wishes to carve out an autonomous space for its role in multilateral crisis management, be it through military means or though diplomatic strategies. Moreover, institutional cooperation at the top-level has not always resulted in good coordination on the ground, thus undermining ‘effective multilateralism.’","PeriodicalId":375754,"journal":{"name":"Public International Law eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129273700","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 : 2012-03-27DOI: 10.1007/978-1-4614-8172-0_4
Dustin N. Sharp
{"title":"Economic Violence in the Practice of African Truth Commissions and Beyond","authors":"Dustin N. Sharp","doi":"10.1007/978-1-4614-8172-0_4","DOIUrl":"https://doi.org/10.1007/978-1-4614-8172-0_4","url":null,"abstract":"","PeriodicalId":375754,"journal":{"name":"Public International Law eJournal","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133707707","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}
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.
{"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}
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.
{"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}
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.
{"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}
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