the new sovereignty compliance with international regulatory agreements

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The New Sovereignty

Author : Abram Chayes
ISBN : 9780674029453
Genre : Political Science
File Size : 60. 41 MB
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The New Sovereignty argues that this approach is misconceived. Cases of coercive enforcement are rare, and sanctions are too costly and difficult to mobilize to be a reliable enforcement tool. As an alternative to this "enforcement" model, the authors propose a "managerial" model for ensuring treaty compliance. It relies on the elaboration and application of treaty norms in a continuing dialogue among the parties, international officials, and nongovernmental organizations - and it is this dialogue that generates pressure to resolve problems of noncompliance. In the process, the norms and practices of the regime themselves evolve and develop.

The Global Environment

Author : Norman J. Vig
ISBN : 1853836451
Genre : Environmental law, International
File Size : 35. 55 MB
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All serious environmental threats are now international in scope and more than one thousand international environmental agreements already exist. Yet the prospects for international cooperation leading to the management of impacts on the planet remain grim. The Global Environment meets the need for an authoritative assessment of the state of international environmental institutions, laws and policies at the end of the 20th century.The book examines disagreements over the meaning of sustainable development, problems inherent in implementing environmental policies and the conflict over the exclusion of developing countries from the Kyoto Protocol. It discusses the profound trade-offs that may be required, the role of international financial interests in promoting incompatible forms of development and analyses international environmental institutions, law and policy and sustainable development.

International Law And Organization

Author : Michael W. Doyle
ISBN : 0742529924
Genre : Political Science
File Size : 34. 97 MB
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The closing decade of the last century witnessed a great number of international agreements, but very little work was done on establishing institutions to monitor or implement them. Thus compliance has become a major issue. This volume offers a debate on aspects of the problem.

The Enforcement Of Eu Law

Author : Stine Andersen
ISBN : 9780191650048
Genre : Law
File Size : 24. 6 MB
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A comprehensive analysis of the European Commission's general role in supervising member state compliance with EU law, this book provides a detailed assessment of centralized EU enforcement. It starts out by asking whether it is viable to establish stronger Commission powers of enforcement at this point in time. Against this backdrop, and as a means of exploring the role of the Commission, the chapters examine a number of different aspects pertaining to enforcement of EU law. Beginning with an appraisal of the Commission's function under the general EU infringement procedure stipulated in Articles 258 and 260 TFEU, the volume argues that the EU lacks independent self-sustained regime authority. Moreover, this is reflected in both substantive EU law and procedural law, including the general EU infringement procedure. Chapter two makes the case that Article 258 TFEU can usefully be explained in terms of managerialism. Chapter three analyses Article 260 TFEU concerning repetitive infringements. In particular, it asserts, EU member state sanctions sustain the managerial approach. It then goes on to examine the Commission's unsuccessful attempts to gain sharper enforcement powers through secondary legislation, and identifies the effective points of functional overlap between enforcement powers and certain types of implementing tools. Finally, it discusses the Commission's role under various non-binding, ad hoc arrangements. The concluding chapter places the general EU infringement procedure in the broader context of a comprehensive (negotiated) policy process. It argues that the enforcement stage shares many features with earlier steps in the legislative process, including flexibility and deliberation.

Making Treaties Work

Author : Geir Ulfstein
ISBN : 9781139464819
Genre : Law
File Size : 84. 12 MB
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There is an increasing focus on the need for national implementation of treaties. International law has traditionally left enforcement to the individual parties, but more and more treaties contain arrangements to induce States to comply with their commitments. Experts in this 2007 book examine three forms of such mechanisms: dispute settlement procedures in the form of international courts, non-compliance procedures of an administrative character, and enforcement of obligation by coercive means. Three fields are examined, namely human rights, international environmental law, and arms control and disarmament. These areas are in the forefront of the development of international law and deal with multilateral, rather than purely bilateral issues. Each part of the book on human rights, international environmental law and arms control contain a general introduction and case studies of the relevant treaties in the field. Will appeal widely to both generalists and specialists in international law and relations.

International Territorial Administration

Author : Ralph Wilde
ISBN : 9780199577897
Genre : Law
File Size : 55. 29 MB
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This is the first comprehensive treatment of the reasons why international organizations have engaged in territorial administration. The book describes the role of international territorial administration and analyses the various purposes associated with this activity, revealing the objectives which territorial administration seeks to achieve.

Recueil Des Cours Collected Courses Volume 285 2000

Author : Academie de Droit International de la Haye
ISBN : 9041116060
Genre : Law
File Size : 73. 12 MB
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The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law." This volume contains: - International Law and International Relations by A.-M. SLAUGHTER, Director, Graduate and International Legal Studies, Harvard Law School; - L'Etat insulaire by L. LUCCHINI, Professeur a l'Institut oceanographique de Paris. To access the abstract texts for this volume please click here

International Institutional Law

Author : Henry G. Schermers
ISBN : 9789004187986
Genre : Law
File Size : 69. 56 MB
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This book offers a comparative analysis of the institutional law of public international organizations, covering issues such as membership, institutional structure, decisions and decision-making, legal status, privileges and immunities. It has been designed to appeal to both academics and practitioners.

Conflict And Compliance

Author : Sonia Cardenas
ISBN : 9780812201536
Genre : Law
File Size : 39. 68 MB
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International human rights pressure has been applied to numerous states with varying results. In Conflict and Compliance, Sonia Cardenas examines responses to such pressure and challenges conventional views of the reasons states do—or do not—comply with international law. Data from disparate bodies of research suggest that more pressure to comply with human rights standards is not necessarily more effective and that international policies are more efficient when they target the root causes of state oppression. Cardenas surveys a broad array of evidence to support these conclusions, including Latin American cases that incorporate recent important declassified materials, a statistical analysis of all the countries in the world, and a set of secondary cases from Eastern Europe, South Africa, China, and Cuba. The views of human rights skeptics and optimists are surveyed to illustrate how state rhetoric and behavior can be interpreted differently depending on one's perspective. Theoretically and methodologically sophisticated, Conflict and Compliance paints a new picture of the complex dynamics at work when states face competing pressures to comply with and violate international human rights norms.

Wto World Trade Organization

Author : Rüdiger Wolfrum
ISBN : 9789004145634
Genre : Law
File Size : 51. 26 MB
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In a practical and authoritative article-by-article account, this volume covers the legislative history, interpretation and practical application of the Agreement establishing the World Trade Organization.

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