Ruling the World?: Constitutionalism, International Law, and Global Governance provides an interdisciplinary analysis of the major developments and central questions in debates over international constitutionalism at the UN, EU, WTO, and other sites of global governance. The essays in this volume explore controversial empirical and structural questions, doctrinal and normative issues, and questions of institutional design and positive political theory. Ruling the World? grows out of a three-year research project that brought twelve leading scholars together to create a comprehensive and integrated framework for understanding global constitutionalization. Ruling the World? is the first volume to explore in a cross-cutting way constitutional discourse across international regimes, constitutional pluralism, and relations among transnational and domestic constitutions. The volume examines the core assumptions, basic analytic tools, and key challenges in contemporary debates over international constitutionalization.

* Comprehensive examination of the compliance system of the UN Framework Convention on Climate Change and the Kyoto Protocol* Covers development and design of the system, obstacles to its effectiveness, the role of state and non-state parties, and the importance of trade measures and other factors for compliance* Contributions from leading international political scientists, lawyers, economists, and natural scientists to this crucial aspect of climate policyGlobal warming is the most severe environmental challenge faced by humanity today, and the costs of responding effectively will be high. While Russia's ratification of the Kyoto Protocol ensures the treaty's entry into force, lack of capacity, or incentives to renege on their commitments, will impede mitigation efforts in many countries. An important prerequisite for the proper functioning of the Protocol is that its compliance system--which is spelled out by the Marrakesh Accords--proves effective.Implementing the Climate Regime describes and analyzes Kyoto's compliance system. Organized into four parts, Part I describes the emergence and design of the compliance system, while Part II analyzes various challenges to its effective operation--such as the development of norms, verification, and the danger that the use of punitive "consequences" may also hurt compliant countries. Part III discusses the potential role of external enforcement, with particular emphasis on trade sanctions. Part IV addresses the relationship between Kyoto compliance on one hand, and international governance, oil companies, and green NGOs on the other.

The first part of the book reviews the multi-level system of protection currently operating in Europe and its constitutional implications. The Charter is analysed from a legal, political and practical standpoint. The activity of the European Parliament as a fundamental rights actor will also be examined, as well as the right to a fair trial and to effective judicial protection before and by the EU Courts. The second part of the volume addresses the impact of a binding Charter on specific areas of EU Law. The order in which the contributions have been set out reflects the structure of the Treaty on the functioning of the European Union: free circulation of persons; the internal market; the area of freedom security and justice (civil and criminal aspects); social rights protection; environmental policy; enlargement; international trade and the Common Foreign and Security Policy.

Why do political actors willingly give up sovereignty to another state, or choose to resist, sometimes to the point of violence? Jesse Dillon Savage demonstrates the role that domestic politics plays in the formation of international hierarchies, and shows that when there are high levels of rent-seeking and political competition within the subordinate state, elites within this state become more prepared to accept hierarchy. In such an environment, members of society at large are also more likely to support the surrender of sovereignty. Empirically rich, the book adopts a comparative historical approach with an emphasis on Russian attempts to establish hierarchy in post-Soviet space, particularly in Georgia and Ukraine. This emphasis on post-Soviet hierarchy is complemented by a cross-national statistical study of hierarchy in the post WWII era, and three historical case studies examining European informal empire in the nineteenth and early twentieth centuries.

However, it became apparent shortly after the establishing of the Center that not only were all methods of legal semiotics not Peircean in origin, but were in their respective foundational assumptions not likely to be compatible with Peirce's semiotics without some radical, transforming development of the idea, 'legal semiotics'. It was clear that if one would intend to be faithful to Peircean semiotics then holding a fixed notion of what an idea of Peircean semiotics of law means would be a violation of the spirit of Peirce's thought; this above all emphasizes the growth and development of initiative ideas and also the stricture that all leading principles must be subject to revision. Even the idea of Peircean semiotics, as leading principle, must itself be an open idea, the meaning of which must be transformable through the process of defining it. A metasemiotics view of a semiotics of law must leave open the possibility for revision of the leading principle of the term, "legal semiotics. " Therefore, if legal semiotics is an idea which accumulates and evolves its meaning in the very process of self-examination, then a process of investigating law investigates itself as well in any semiotic process of inquiry. It became apparent that the most appropriate contribution the Center could make to the area of a Peirce an semiotics would be to act as a sponsor, an inclusive rather than exclusive agent for inquiry of all kinds into the general topic of law and semiotics.

PREMIERE PARTIE TEXTES FONDAMENTAUX ET INFORMATIONS DE CARACTERE GENERAL CHAPITRE 1. TEXTES FONDAMENTAUX A. AMENDEMENTS A LA CONVENTION EUROPEENNE DES DROITS DE L'HOMME 3 B. AMENDEMENTS AU REGLEMENT DE LA COUR EUROPEENNE DES DROITS DE L'HOMME 7 C. AMENDEMENT AU REGLEMENT INTERIEUR DE LA COMMISSION EUROPEENNE DES DROITS DE L'HOMME 15 D. DECLARATION D'ACCEPTATION DE LA COMPETENCE DE LA COM MISSION EUROPEENNE DES DROITS DE L'HOMME EN MATIERE DE REQUETES INDIVIDUELLES (Article 25 de la Convention) 17 Belgique 17 Republique Federale d'Allemagne 19 Luxembourg 19 E. DECLARATION D'ACCEPTATION DE LA JURIDICTION OBLIGATO IRE DE LA COUR EUROPEENNE DES DROITS DE L'HOMME (Article 46 de la Convention) 21 Belgique 21 Republique Federale d'Allemagne 21 Luxembourg 23 Suede 25 F. DEROGATIONS (Article 15 de la Convention) 25 Turquie 25 Royaume-Uni 33 ANNEXES Etat des Ratifications, Declarations et Reserves au 31 dec- bre 1971 38 Etat des Depots des Ratifications au 31 decembre 1971 41 CHAPITRE II. LA COMMISSION EUROPEENNE DES DROITS DE L'HOMME A. COMPOSITION 43 VIII TABLE OF CONTENTS B. BIOGRAPHICAL NOTES C. WORK OF THE COMMISSION D. SECRETARIAT CHAPTER III. THE EUROPEAN COURT OF HUMAN RIGHTS A. COMPOSITION 50 B. BIOGRAPHICAL NOTES 52 C. SESSIONS AND HEARINGS 58 D. REGISTRY OF THE COURT 60 CHAPTER IV. PRINCIPAL DEVELOPMENTS IN THE COUNCIL OF EUROPE CONCERNING THE PROTECTION OF HUMAN RIGHTS A. CHRONOLOGICAL LIST OF EVENTS 62 B. WORK OF THE COUNCIL OF EUROPE IN THE FIELD OF HUMAN RIGHTS 66 I. Consultative Assembly 68 2."

This book undertakes an in-depth study and a systematic analysis of the workings of the Sullivan Principles and their impact on: (a) the operations of the US corporation in South Africa; (b) the process of the dismantling of apartheid and creation of a non-racial, democratic government in South Africa; and (c) the actions of multinational corporations from other countries and large South African corporations in emulating the behavior of US multinational corporations and thereby enlarging their impact through a multiplier effect. The over-arching objective of this book is to learn from the experience of the Sullivan Principles, and interpret how this experience might be translated into developing 'rules of the game' and 'codes of business ethics' as large multinational corporations continue to confront the issues of human rights, living and working conditions of workers in their overseas manufacturing operations, and where there is constant pressure on the corporations to pay more attention to environmental protection, sustainable growth, and preservation of biodiversity.Furthermore, the ethical conduct of multinational corporations and transparency in their dealings with important stakeholders is an increasing concern. The authors bring to this analysis their combined experience of more than fifteen years working with business corporations, non-governmental organizations, and other segments of the anti-apartheid movement in South Africa during the formulation and implementation of the Sullivan Principles. In addition, they have been engaged in extensive research, teaching, and consultation on various aspects of business ethics and global codes of conduct. The analytical framework created by the authors will help multinational corporations to understand societal expectations of business within a normative, economic, and contextual framework, and to evaluate the likelihood of success or failure of various strategic options and implementation formats that might be available for use in a given situation.

In 1968, the predecessor of this volume was published as Number 15 of the Law in Eastern Europe series, under the title "Soviet Citizenship Law". The decision to put out a new version of that study was prompted by the enactment in 1978 of the CUTTent Law on the Citizenship of the USSR and the various changes in Soviet prac tice in this domain which occurred in the intervening decade. I have drawn on the earlier work for background material and in order to make comparisons between the previous record here and the substance ofthe latest statute. However, the pres ent monograph is not a second edition in the sense of being an expanded and updated revision of the original, but stands as an independent piece of research and analysis. Thus, three of the chapters (out of a total of six) featured in the 1968 vol urne - citizenship and state succession, state succession and option of nationality, and refugees and displaced persons - have now been omitted for the simple reason that the situation in these areas has remained virtually static during the past ten years so that the initial treatment requires no significant alteration. On the other hand, fresh problems have meantime arisen - such as, for instance, the connection between citizenship and emigration, and the relationship between citizenship status and the international protection of human rights - which called for attention and are dealt with in this book.

Das Buch durchdenkt verschiedene Modelle einer engeren Einbindung der EU im IWF und zeigt auf, ob und inwieweit sich einzelne Vorschlage und Ansatze vor dem Hintergrund des geltenden Voelkervertragsrechts und der Interessenlage der IWF-Mitgliedstaaten umsetzen lassen.Im Zuge der seit 2009 virulenten Staatsschuldenkrise ist der Internationale Wahrungsfonds (IWF) in die sogenannten Rettungsschirme und Stabilisierungsmechanismen eingespannt worden. Aus diesem Anlass ist erneut klar geworden, dass die EU im Gefuge des IWF keinen definierten Status hat, obwohl der Euro in dessen sogenanntem Wahrungskorb an die Stelle des franzoesischen Franc und der D-Mark getreten ist. Die ausschliessliche Zustandigkeit der EU fur die Wahrungspolitik der Mitgliedstaaten, deren Wahrung der Euro ist, wirft die Frage auf, ob sie nicht wie in anderen internationalen Organisationen auch Mitglied des IWF werden musste. Dem stehen indessen komplexe rechtliche und politische Hindernisse im Wege.

At the UN General Assembly in 1997, an overwhelming majority of States voted for the adoption of the United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses - a global overarching framework governing the rights and duties of States sharing freshwater systems. Globally, there are 263 internationally shared watersheds, which drain the territories of 145 countries and represent more than forty percent of the Earth's land surface. Hence, inter-State cooperation towards the sustainable management of transboundary water supplies, in accordance with applicable international legal instruments, is a topic of crucial importance, especially in the context of the current global water crisis. This volume provides an assessment of the role and relevance of the UN Watercourses Convention and describes and evaluates its entry into force as a key component of transboundary water governance. To date, the Convention still requires further contracting States before it can enter into force. The authors describe the drafting and negotiation of the Convention and its relationship to other multilateral environmental agreements. A series of case studies assess the role of the Convention at various levels: regional (European Union, East Africa, West Africa, Central Asia, Central America and South America), river basin (e.g. the Mekong and Congo) and national (e.g. Ethiopia and Mexico). The book concludes by proposing how future implementation might further strengthen international cooperation in the management of water resources, to promote biodiversity conservation as well as sustainable and equitable use.

The member states are facing the choice between either reaping the benefits of increasing integration in a certain area - in this case the capital markets - attended by a significant reduction in national powers of autonomous decision-making and independence, or retaining this national independence enabling them to pursue their own policy objectives with the aid of instruments selected at their discretion. To this question, there is no generally valid answer. The solution is determined by the weight assigned to the benefits, on the one hand, and that assigned to the reduction in national sovereignty, on the other. This, however, is a subjective matter, which is assessed differently in the various countries. OnnoRuding, 1969 1. 1 CAPITAL LffiERALIZATION AND MONETARY UNIFICATION In the 1980s Europe made a leap forward towards the liberalization of capital movements. EEC directives were accepted by all member states obliging them to abolish all remaining exchange controls. This common objective of freedom of capital movements has been consolidated in the Treaty on European Union. Nowadays virtually all restrictions have been lifted. This stands in striking contrast to the state of affairs only a decade ago, when many countries still operated a tight regime. Although the Treaty of Rome provided for the freedom of capital movements, this objective was circumscribed by the clause that such liberalization should only be carried through to the extent necessary to ensure the proper functioning of the Common Market.

International law presents a conceptual riddle. Why comply with it when there is no world government to enforce it? The United States has a long history of skepticism towards international law, but 9/11 ushered in a particularly virulent phase of American exceptionalism. Torture became official government policy, President Bush denied that the Geneva Conventions applied to the war against al-Qaeda, and the US drifted away from international institutions like the International Criminal Court and the United Nations.
Although American politicians and their legal advisors are often the public face of this attack, the root of this movement is a coordinated and deliberate attack by law professors hostile to its philosophical foundations, including Eric Posner, Jack Goldsmith, Adrian Vermeule, and John Yoo. In a series of influential writings they have claimed that since states are motivated primarily by self-interest, compliance with international law is nothing more than high-minded talk. Theses abstract arguments then provide a foundation for dangerous legal conclusions: that international law is largely irrelevant to determining how and when terrorists can be captured or killed; that the US President alone should be directing the War on Terror without significant input from Congress or the judiciary; that US courts should not hear lawsuits alleging violations of international law; and that the US should block any international criminal court with jurisdiction over Americans. Put together, these polemical accounts had an enormous impact on how politicians conduct foreign policy and how judges decide cases - ultimately triggering America's pernicious withdrawal from international cooperation.
In The Assault on International Law, Jens Ohlin exposes the mistaken assumptions of these 'New Realists, ' in particular their impoverished utilization of rational choice theory. In contrast, he provides an alternate vision of international law based on a truly innovative theory of human rationality. According to Ohlin, rationality requires that agents follow through on their plans even when faced with opportunities for defection. Seen in this light, international law is the product of nation-states cooperating to escape a brutish State of Nature--a result that is not only legally binding but also in each state's self-interest.

The vitality or, alternatively, vitiation of the international arbitral process remains a pressing subject. The explosion of inter-State, investor-State, and international commercial arbitration in recent years magnifies the importance of the subject. This second edition combines the historical analysis of the first edition with a survey of the continued salience and contemporary developments for each of the three problems identified: (i) the severability of the arbitration agreement; (ii) denial of justice (and now other possible breaches of international law) by governmental negation of arbitration; and (iii) the authority of truncated international arbitral tribunals. The international arbitral process continues to be fortified against unilateral attempts to derail it and, to that end, this book will be a valuable guide for practitioners and scholars alike.

Since 1947 Stephen M. Schwebel has written more than 100 articles, commentaries and book reviews in legal and other periodicals and in the press. This volume republishes 36 of his legal articles and commentaries of continuing interest. The first Part treats aspects of the capacity and performance of the International Court of Justice. The second addresses aspects of international arbitration. The third examines problems of the United Nations, especially of the authority of the Secretary-General, the character of the Secretariat, and financial apportionment. The fourth deals with questions of international contracts and taking of foreign property interests. The fifth discusses diverse aspects of the development of international law and particularly considers the central problem of international law, the unlawful use of force. This collection does not include Judge Schwebel's judicial opinions, nor (with one exception) papers written in his former official capacities as a legal officer of the US Department of State or as a special rapporteur of the International Law Commission of the United Nations. Together with his unofficial writings, his judicial opinions as of July 1993 are cataloged in the list of publications with which this volume concludes.

Biobanks are promising instruments of biomedical research and of transnational medicine in particular. Ethical, legal and social issues associated with biobanking, however, have recently led to a more critical view on this concept. All efforts addressing these concerns have been grounded on well-established standards of biomedical ethics such as informed consent procedures, protection of individual autonomy, benefit sharing etc. By additionally highlighting the widely neglected aspect of trust, this book aims at broadening the horizon of the ELSI-debate and thus filling a gap in current research on biobanking. The contributions of leading experts and junior researchers cover a wide field of disciplines relevant for biobanking including law, ethics, medicine, public health, social sciences, philosophy and theology.

At what point can we concede that the realities of world politics require that moral principles be compromised, and how do we know when a real ethical limit has been reached? This volume gathers leading constructivist scholars to explore the issue of moral limit and possibility in global political dilemmas. The contributors examine pressing ethical challenges such as sanctions, humanitarian intervention, torture, the self-determination of indigenous peoples, immigration, and the debate about international criminal tribunals and amnesties in cases of atrocity. Their analyses entail theoretical and empirical claims about the conditions of possibility and limits of moral change in world politics, therefore providing insightful leverage on the ethical question of 'what ought we to do?' This is a valuable contribution to the growing field of normative theory in International Relations and will appeal to scholars and advanced students of international ethics and political theory.

At what point can we concede that the realities of world politics require that moral principles be compromised, and how do we know when a real ethical limit has been reached? This volume gathers leading constructivist scholars to explore the issue of moral limit and possibility in global political dilemmas. The contributors examine pressing ethical challenges such as sanctions, humanitarian intervention, torture, the self-determination of indigenous peoples, immigration, and the debate about international criminal tribunals and amnesties in cases of atrocity. Their analyses entail theoretical and empirical claims about the conditions of possibility and limits of moral change in world politics, therefore providing insightful leverage on the ethical question of 'what ought we to do?' This is a valuable contribution to the growing field of normative theory in International Relations and will appeal to scholars and advanced students of international ethics and political theory.

A radical, empirical investigation of how national courts 'react' to disputes involving international organizations. Through comprehensive analysis of the attitudes and techniques of national courts and underlying political motives, Professor Reinisch first describes various legal approaches that result in adjudication or non-adjudication of disputes concerning international organizations. Secondly he discusses policy issues pro and contra the adjudication of such disputes. His study then scrutinizes the rationale for immunizing international organizations from domestic litigations, especially the 'functional' need for immunity, and substantially debates the implications of a human rights-based right of access to court on immunizing international organizations against national jurisdictions. Finally he identifies contemporary trends, seeking to ascertain whether a more flexible principle exempting certain types of disputes from domestic adjudication might substitute for the traditional immunity concept, which would simultaneously guarantee the functioning and independence of international organizations without impairing private parties' access to a fair dispute settlement procedure.

Within the last decade, the Internet has developed as a phenomenon encompassing social, cultural, economic and legal facets. It has become common practice to use the Internet for both the retrieval and provision of information, with the result that the Internet has become a valuable tool in everyday life. Many Internet participants are unaware that they leave data tracks on every website they pass; surfing on the World Wide Web is far from being an anonymous activity of no consequence. In recent years a number of networking techniques have been initiated in order to accommodate the netizen's wish for anonymous communication and the protection of their privacy in the online world. Anonymization explores the legal framework developed to help protect netizens' privacy and their wish for anonymous communication over the Internet. It debates the value in helping to protect anonymity over a network which sees an increasing number of cybercrimes, and explores governmental interventions into anonymity requests, and whether requests should only be legal if a sufficiently legitimized public interest is given.

TO ACCOMPANY A MAJOR ITV DOCUMENTARY We are poisoning our planet and destroying the lives of our children. In the west arguments rage over how much nuclear radiation and toxic dumping is safe, while children continue to breath filthy air and eat food full of pesticides. In the third World, over four million children die each year from drinking unclean water. Adults make the decisions but children pay the highest price. They are physically vulnerable and politically powerless. When the Bough Breaks... is about the world we are creating for our children. For too long we have used what we want from our planet now, refusing to think about the future. But it may still not be too late. The book sets out what must be done and describes how people throughout the world are uniting to clean up the mess we have made.

Since its founding, the United States has defined itself as the supreme protector of freedom throughout the world, pointing to its Constitution as the model of law to ensure democracy at home and to protect human rights internationally. Although the United States has consistently emphasized the importance of the international legal system, it has simultaneously distanced itself from many established principles of international law and the institutions that implement them. In fact, the American government has attempted to unilaterally reshape certain doctrines of international law while disregarding others, such as provisions of the Geneva Conventions and the prohibition on torture.America's selective self-exemption, Natsu Taylor Saito argues, undermines not only specific legal institutions and norms, but leads to a decreased effectiveness of the global rule of law. Meeting the Enemy is a pointed look at why the United States' frequent--if selective--disregard of international law and institutions is met with such high levels of approval, or at least complacency, by the American public.

In The Rule of Law and Governance in Indigenous Yoruba Society, John Ayotunde Isola Bewaji has two main goals. The first is to provide an exploration of aspects of indigenous Yoruba philosophy of law. The second is to relate this philosophy of law to the Yoruba indigenous traditions of governance, with a view to appreciating the relevance of the Yoruba traditions of law and governance to contemporary African experiments with imported Western democracy in the 21st century. This book is devoted to what can be described as a juridical forensic investigation of Nigeria's predicament of developmental deficit, leading to gross and unconscionable impoverishment of large segments of the population, in the midst of so much natural resources and abundant human capital, using Yoruba indigenous legal traditions as reflective template. Bewaji urges that Africa has to take seriously the necessity of obedience, observance, enforcement and operation of law as no respecter of persons, groups, affiliations and pedigrees as was in the case in the societies founded by our ancestors, rather than the present scenario whereby the highest bidder procures semblances of justice from a crooked system of common law which was never designed to be fair, equitable and just to the disadvantaged in society.

With the unrelenting unrest in places such as Iraq, Afghanistan and the Sudan, the plight of refugees has become an increasingly discussed topic in international relations. Why do we have refugees? When did the refugee 'problem' emerge? How can the refugee ever be reconciled with an international system that rests on sovereignty? Looking at three key periods - the inter-war period, the Cold War and the present day - Emma Haddad demonstrates how a specific image has defined the refugee since the international states system arose in its modern form and that refugees have thus been qualitatively the same over the course of history. This historical and normative approach suggests new ways to understand refugees and to formulate responses to them. By examining the issue from an international society perspective, this book highlights how refugees are an inevitable, if unanticipated, result of erecting political borders.

With the unrelenting unrest in places such as Iraq, Afghanistan and the Sudan, the plight of refugees has become an increasingly discussed topic in international relations. Why do we have refugees? When did the refugee 'problem' emerge? How can the refugee ever be reconciled with an international system that rests on sovereignty? Looking at three key periods - the inter-war period, the Cold War and the present day - Emma Haddad demonstrates how a specific image has defined the refugee since the international states system arose in its modern form and that refugees have thus been qualitatively the same over the course of history. This historical and normative approach suggests new ways to understand refugees and to formulate responses to them. By examining the issue from an international society perspective, this book highlights how refugees are an inevitable, if unanticipated, result of erecting political borders.

Today, any regular newspaper reader is likely to be exposed to reports on manifold forms of (physical, emotional, sexual) child abuse on the one hand, and abnormal behavior, misconduct or offences of children and minors on the other hand. Occasionally reports on children as victims and children as offenders may appear on the same issue or even the same page. Rather seldom the more complex and largely hidden phenomena of structural hostility or indifference of society with a view to children are being dealt with in the press. Such fragmentary, ambiguous, incoherent or even contradictory perception of children in modem society indicates that, firstly, there is a lack of reliable information on modem childhood, and secondly, children are still treated as a comparatively irrelevant population group in society. This conclusion may be surprising in particular when drawn at the end of The Century of the Child proclaimed by Ellen Key as early as 1902. Actually, there exist unclarities and ambiguities about the evolution of childhood in the last century not only in public opinion, but also in scientific literature. While De Mause with his psycho-historic model of the evolution of childhood, comprising different stages from infanticide, abandonment, ambivalence, intrusion, socialisation to support, underlines the continuous improvement of the condition of childhood throughout history and thus rather confirms Key's expectations, Aries, with his social history of childhood, seems to hold a more culturally pessimistic view.