Pub Date : 2005-03-01DOI: 10.1163/1571807054068198
N. Rosemann
{"title":"The Privatization of Human Rights Violations – Business' Impunity or Corporate Responsibility? The Case of Human Rights Abuses and Torture in Iraq","authors":"N. Rosemann","doi":"10.1163/1571807054068198","DOIUrl":"https://doi.org/10.1163/1571807054068198","url":null,"abstract":"","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115699430","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 : 2004-03-01DOI: 10.1163/157180704323129403
P. A. Nollkaemper, E. D. Wet
{"title":"The application of customary international law by national courts: Introduction","authors":"P. A. Nollkaemper, E. D. Wet","doi":"10.1163/157180704323129403","DOIUrl":"https://doi.org/10.1163/157180704323129403","url":null,"abstract":"","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2004-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124691827","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 : 2003-08-01DOI: 10.1163/157180703322765058
Xavier Groussot
Immigration law might be wrongly perceived as a field where the so-called doctrine of purely internal matters applies with virulence. Between 2002 and 2003, UK immigration law has been the object of three preliminary rulings referred to the European Court of Justice (ECJ). The ECJ has already delivered two judgments, i.e. Carpenter (July 2002) and Baumbast (September 2002). Similarly, the Opinion of the Advocate General (AG) in Akrich (February 2003) concerns an identical issue and thus appears of interest.
{"title":"UK immigration law under attack and the direct application of article 8 ECHR by the ECJ","authors":"Xavier Groussot","doi":"10.1163/157180703322765058","DOIUrl":"https://doi.org/10.1163/157180703322765058","url":null,"abstract":"Immigration law might be wrongly perceived as a field where the so-called doctrine of purely internal matters applies with virulence. Between 2002 and 2003, UK immigration law has been the object of three preliminary rulings referred to the European Court of Justice (ECJ). The ECJ has already delivered two judgments, i.e. Carpenter (July 2002) and Baumbast (September 2002). Similarly, the Opinion of the Advocate General (AG) in Akrich (February 2003) concerns an identical issue and thus appears of interest.","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2003-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126278993","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: 10.1163/157180702400453265
Vogiatzi
The article provides a detailed analysis of the historical origins of the Optional Clause, spanning over two international conferences and more than two decades. Declarations made under Article 36 (2) of the ICJ Statute, known as the Optional Clause, are a relatively novel way of conferring jurisdiction. They were introduced for the first time in the Statute of the PCIJ as a compromise between states desiring true compulsory jurisdiction and those wishing to retain the traditional consensual character of international adjudication. Today, adherence to the Optional Clause remains stable over the last fifty years. Currently, of the 189 member-states to the UN and Switzerland sixty-four of them have deposited declarations recognizing the compulsory jurisdiction of the Court under Article 36 (2), This brings acceptance of the Optional Clause to approximately 1/3.
{"title":"The historical evolution of the optional clause","authors":"Vogiatzi","doi":"10.1163/157180702400453265","DOIUrl":"https://doi.org/10.1163/157180702400453265","url":null,"abstract":"The article provides a detailed analysis of the historical origins of the Optional Clause, spanning over two international conferences and more than two decades. Declarations made under Article 36 (2) of the ICJ Statute, known as the Optional Clause, are a relatively novel way of conferring jurisdiction. They were introduced for the first time in the Statute of the PCIJ as a compromise between states desiring true compulsory jurisdiction and those wishing to retain the traditional consensual character of international adjudication. Today, adherence to the Optional Clause remains stable over the last fifty years. Currently, of the 189 member-states to the UN and Switzerland sixty-four of them have deposited declarations recognizing the compulsory jurisdiction of the Court under Article 36 (2), This brings acceptance of the Optional Clause to approximately 1/3.","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"2 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":"127382649","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: 10.1163/156771203322428412
P. Muchlinski
This paper considers the role of IGOs in the process of developing new, human rights oriented, norms of corporate social responsibility. It develops an argument based on an identifiable distinction between at least three main ideological positions: the "hard libertarian", the "normative liberal" and the "regulatory functionalist". Each takes a different position on the need for, and the extent of, international standard setting activity in this area. However, at least among the latter two positions, an apparent consensus is emerging that some kind of international minimum standard for good corporate behaviour should be in place.
{"title":"Human Rights, Social Responsibility and the Regulation of International Business: The Development of International Standards by Intergovernmental Organisations","authors":"P. Muchlinski","doi":"10.1163/156771203322428412","DOIUrl":"https://doi.org/10.1163/156771203322428412","url":null,"abstract":"This paper considers the role of IGOs in the process of developing new, human rights oriented, norms of corporate social responsibility. It develops an argument based on an identifiable distinction between at least three main ideological positions: the \"hard libertarian\", the \"normative liberal\" and the \"regulatory functionalist\". Each takes a different position on the need for, and the extent of, international standard setting activity in this area. However, at least among the latter two positions, an apparent consensus is emerging that some kind of international minimum standard for good corporate behaviour should be in place.","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"183 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":"115070128","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: 10.1163/1571807054068206
Ioannis Stribis
The paper addresses the issue of the establishment of formal relations between the inter-governmental Organisation of the Black Sea Economic Cooperation (BSEC) and NGOs. After a brief presentation of the objectives, functions and structure of the BSEC, the paper undertakes to situate the phenomenon of cooperation between inter-governmental organizations and NGOs in the broader framework of the role of non-state entities in the international community. The presentation continues by focusing on the discussion in the BSEC concerning the establishment of criteria for institutionalising the Organisations's relations with NGOs. This paper moreover analyses the BSEC – NGOs cooperation as it has evolved in practice, with the various forms that such interaction can take, and it re flects on the lessons learned and the prospects of such cooperation.
{"title":"Institutionalization of Cooperation Between Inter-Governmental Organisations and NGOs: The BSEC Experience","authors":"Ioannis Stribis","doi":"10.1163/1571807054068206","DOIUrl":"https://doi.org/10.1163/1571807054068206","url":null,"abstract":"The paper addresses the issue of the establishment of formal relations between the inter-governmental Organisation of the Black Sea Economic Cooperation (BSEC) and NGOs. After a brief presentation of the objectives, functions and structure of the BSEC, the paper undertakes to situate the phenomenon of cooperation between inter-governmental organizations and NGOs in the broader framework of the role of non-state entities in the international community. The presentation continues by focusing on the discussion in the BSEC concerning the establishment of criteria for institutionalising the Organisations's relations with NGOs. This paper moreover analyses the BSEC – NGOs cooperation as it has evolved in practice, with the various forms that such interaction can take, and it re flects on the lessons learned and the prospects of such cooperation.","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":"114248496","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: 10.1163/1571807024396467
Matz
Marine biological resources in general and biological resources of the deep sea and the deep seabed in particular are threatened by a variety of human activities. Those activities considered marine scientific research and related activities such as scientific sampling and bioprospecting can pose a threat to the conservation of these biological resources if performed in an unrestricted manner. Whether legal rules on marine scientific research should be applicable to highly commercial activities such as bioprospecting is doubtful. The current legal regulations provided by the UN Convention on the Law of the Sea and the Convention on Biological Diversity are not designed to provide for an adequate regime on the protection of biological resources in areas located outside national sovereignty. As a result, a new treaty on the protection and sustainable use of marine biological resources located outside national jurisdiction is necessary and must focus upon a common heritage approach. An institutional framework for such a regime can either be newly established together with an agreement or be established by an existing institution e.g. the International Seabed Authority.
{"title":"Marine biological resources: Some reflections on concepts for the protection and sustainable use of biological resources in the deep sea","authors":"Matz","doi":"10.1163/1571807024396467","DOIUrl":"https://doi.org/10.1163/1571807024396467","url":null,"abstract":"Marine biological resources in general and biological resources of the deep sea and the deep seabed in particular are threatened by a variety of human activities. Those activities considered marine scientific research and related activities such as scientific sampling and bioprospecting can pose a threat to the conservation of these biological resources if performed in an unrestricted manner. Whether legal rules on marine scientific research should be applicable to highly commercial activities such as bioprospecting is doubtful. The current legal regulations provided by the UN Convention on the Law of the Sea and the Convention on Biological Diversity are not designed to provide for an adequate regime on the protection of biological resources in areas located outside national sovereignty. As a result, a new treaty on the protection and sustainable use of marine biological resources located outside national jurisdiction is necessary and must focus upon a common heritage approach. An institutional framework for such a regime can either be newly established together with an agreement or be established by an existing institution e.g. the International Seabed Authority.","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":"122141620","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: 10.1163/157180705775435456
L. Bartholomeusz
1) INTERNATIONAL COURT OF JUSTICE ................................................................ 212 1.1 Contentious proceedings .................................................................... 212 1.2 Advisory proceedings ........................................................................ 217 1.3 Concluding remarks .......................................................................... 225 2) INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA ...................................... 226 2.1 General .............................................................................................. 227 2.2 Contentious proceedings .................................................................... 228 2.3 Advisory proceedings .......................................................................... 230 2.4 Concluding remarks .......................................................................... 231 3) EUROPEAN COURT OF HUMAN RIGHTS ............................................................ 232 4) INTERNATIONAL CRIMINAL COURTS AND TRIBUNALS ........................................ 242 4.1 International Criminal Court ............................................................ 242 4.2 International Criminal Tribunal for the Former Yugoslavia (ICTY) and International Criminal Tribunal for Rwanda (ICTR) ................ 243 4.3 Special Court for Sierra Leone .......................................................... 253 5) WORLD TRADE ORGANIZATION, DISPUTE SETTLEMENT BODY .......................... 254 6) AMICI CURIAE AND ARBITRATION: NAFTA AND ICSID TRIBUNALS .................. 265 6.
{"title":"The Amicus Curiae before International Courts and Tribunals","authors":"L. Bartholomeusz","doi":"10.1163/157180705775435456","DOIUrl":"https://doi.org/10.1163/157180705775435456","url":null,"abstract":"1) INTERNATIONAL COURT OF JUSTICE ................................................................ 212 1.1 Contentious proceedings .................................................................... 212 1.2 Advisory proceedings ........................................................................ 217 1.3 Concluding remarks .......................................................................... 225 2) INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA ...................................... 226 2.1 General .............................................................................................. 227 2.2 Contentious proceedings .................................................................... 228 2.3 Advisory proceedings .......................................................................... 230 2.4 Concluding remarks .......................................................................... 231 3) EUROPEAN COURT OF HUMAN RIGHTS ............................................................ 232 4) INTERNATIONAL CRIMINAL COURTS AND TRIBUNALS ........................................ 242 4.1 International Criminal Court ............................................................ 242 4.2 International Criminal Tribunal for the Former Yugoslavia (ICTY) and International Criminal Tribunal for Rwanda (ICTR) ................ 243 4.3 Special Court for Sierra Leone .......................................................... 253 5) WORLD TRADE ORGANIZATION, DISPUTE SETTLEMENT BODY .......................... 254 6) AMICI CURIAE AND ARBITRATION: NAFTA AND ICSID TRIBUNALS .................. 265 6.","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"17 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":"129739507","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: 10.1163/1571807054068215
G. Loibl
Since the first United Nations Conference on the Human Environment in 1972 the number of international environmental agreements has increased steadily. These treaties not only provide for rules concerning the environment, but also establish institutions that have the function to promote the implementation of the agreement in question. The increase in international environmental agreements raised questions concerning the implementation of and the compliance with these rules. In this context suggestions were made to elaborate mechanisms and procedures which would further implementation and compliance and thus also would prevent disputes between Parties to international environmental agreements. Reporting and information systems have become a standard element of international environmental agreements. Although there are various reasons for development it has to be acknowledged that reporting and information systems have been an important means in encouraging implementation of and compliance with international environmental agreements. But certain difficulties should not be overlooked such as the burden reporting puts on parties. In particular, the increase of reporting obligations due to the growth of international and regional environmental agreements might be a drain on a country's limited resources. Harmonisation and streamlining reporting requirements under various environmental agreements might help to overcome some of the difficulties experienced by parties. On the other hand, reporting provisions have helped to increase transparency. A broader public is informed about national measures taken in implementation of international regulations by parties as well as on their effectiveness to address environmental issues. Moreover, discussion of the reports or synthesis reports prepared by secretariats in meetings of parties, such as the Conference of the Parties, draw the attention to shortcomings in implementation and compliance.
{"title":"Reporting and Information Systems in International Environmental Agreements as a Means for Dispute Prevention – The Role of \"International Institutions\"","authors":"G. Loibl","doi":"10.1163/1571807054068215","DOIUrl":"https://doi.org/10.1163/1571807054068215","url":null,"abstract":"Since the first United Nations Conference on the Human Environment in 1972 the number of international environmental agreements has increased steadily. These treaties not only provide for rules concerning the environment, but also establish institutions that have the function to promote the implementation of the agreement in question. The increase in international environmental agreements raised questions concerning the implementation of and the compliance with these rules. In this context suggestions were made to elaborate mechanisms and procedures which would further implementation and compliance and thus also would prevent disputes between Parties to international environmental agreements. Reporting and information systems have become a standard element of international environmental agreements. Although there are various reasons for development it has to be acknowledged that reporting and information systems have been an important means in encouraging implementation of and compliance with international environmental agreements. But certain difficulties should not be overlooked such as the burden reporting puts on parties. In particular, the increase of reporting obligations due to the growth of international and regional environmental agreements might be a drain on a country's limited resources. Harmonisation and streamlining reporting requirements under various environmental agreements might help to overcome some of the difficulties experienced by parties. On the other hand, reporting provisions have helped to increase transparency. A broader public is informed about national measures taken in implementation of international regulations by parties as well as on their effectiveness to address environmental issues. Moreover, discussion of the reports or synthesis reports prepared by secretariats in meetings of parties, such as the Conference of the Parties, draw the attention to shortcomings in implementation and compliance.","PeriodicalId":399071,"journal":{"name":"Non-state Actors and International Law","volume":"2 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":"128013064","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: 10.1163/157180703322765094
M. Likosky
In the introductory essay to an edited volume entitled Global Law Without a State, Gunther Teubner claims that lex mercatoria, the law of TNCs, is the 'most successful example of global law without a state'. Contrary to Teubner's claim, as compound corporations, transnational corporations (TNCs) are fundamentally intermingled with and dependent upon states throughout their legal life. The state, far from being a neutral rule-maker, often employs its public law powers to promote certain private commercial interests. In this paper, the author examines this relationship between public and private persons from the perspective of the state's corporate partner. Toindicate the public law nature of the corporate partner, we refer to these nominally-private persons as compound corporations. Such corporations alchemically mix public and private law elements to strengthen their legal power. Compound corporations have existed in various forms throughout history, including during the colonial period.
{"title":"\"Compound Corporations: The Public Law Foundations of Lex Mercatoria\"","authors":"M. Likosky","doi":"10.1163/157180703322765094","DOIUrl":"https://doi.org/10.1163/157180703322765094","url":null,"abstract":"In the introductory essay to an edited volume entitled Global Law Without a State, Gunther Teubner claims that lex mercatoria, the law of TNCs, is the 'most successful example of global law without a state'. Contrary to Teubner's claim, as compound corporations, transnational corporations (TNCs) are fundamentally intermingled with and dependent upon states throughout their legal life. The state, far from being a neutral rule-maker, often employs its public law powers to promote certain private commercial interests. In this paper, the author examines this relationship between public and private persons from the perspective of the state's corporate partner. Toindicate the public law nature of the corporate partner, we refer to these nominally-private persons as compound corporations. Such corporations alchemically mix public and private law elements to strengthen their legal power. Compound corporations have existed in various forms throughout history, including during the colonial period.","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":"122231730","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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