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 : 86. 38 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 : 62. 68 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 : 47. 4 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 : 86. 79 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.

Law Power And The Sovereign State

Author : Michael Ross Fowler
ISBN : 0271039116
Genre : Political Science
File Size : 48. 13 MB
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In the wake of the collapse of the Soviet bloc, it is timely to ask what continuing role, if any, the concept of sovereignty can and should play in the emerging &"new world order.&" The aim of Law, Power, and the Sovereign State is both to counter the argument that the end of the sovereign state is close at hand and to bring scholarship on sovereignty into the post-Cold War era. The study assesses sovereignty as status and as power and examines the issue of what precisely constitutes a sovereign state. In determining how a political entity gains sovereignty, the authors introduce the requirements of de facto independence and de jure independence and explore the ambiguities inherent in each. They also examine the political process by which the international community formally confers sovereign status. Fowler and Bunck trace the continuing tension of the &"chunk and basket&" theories of sovereignty through the history of international sovereignty disputes and conclude by considering the usefulness of sovereignty as a concept in the future study and conduct of international affairs. They find that, despite frequent predictions of its imminent demise, the concept of sovereignty is alive and well as the twentieth century draws to a close.

The Post Soviet Decline Of Central Asia

Author : Eric W. Sievers
ISBN : 9781317793366
Genre : History
File Size : 73. 45 MB
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Sievers draws on his experience of Central Asia to take on the task of explaining the remarkable economic declines of the post-Soviet Central Asian states (Kazakhstan, Kyrgystan, Tajikistan, Turkmenistan and Uzbekistan) in the past decade, and the turn of these states towards despotism.

Making Treaties Work

Author : Geir Ulfstein
ISBN : 9781139464819
Genre : Law
File Size : 25. 58 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.

The Thin Justice Of International Law

Author : Steven R. Ratner
ISBN : 9780191009112
Genre : Law
File Size : 55. 25 MB
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In a world full of armed conflict and human misery, global justice remains one of the most compelling missions of our time. Understanding the promises and limitations of global justice demands a careful appreciation of international law, the web of binding norms and institutions that help govern the behaviour of states and other global actors. This book provides a new interdisciplinary approach to global justice, one that integrates the work and insights of international law and contemporary ethics. It asks whether the core norms of international law are just, appraising them according to a standard of global justice derived from the fundamental values of peace and the protection of human rights. Through a combination of a careful explanation of the legal norms and philosophical argument, Ratner concludes that many international law norms meet such a standard of justice, even as distinct areas of injustice remain within the law and the verdict is still out on others. Among the subjects covered in the book are the rules on the use of force, self-determination, sovereign equality, the decision making procedures of key international organizations, the territorial scope of human rights obligations (including humanitarian intervention), and key areas of international economic law. Ultimately, the book shows how an understanding of international law's moral foundations will enrich the global justice debate, while exposing the ethical consequences of different rules.

Wto World Trade Organization

Author : Rüdiger Wolfrum
ISBN : 9789004145634
Genre : Law
File Size : 31. 45 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.

International Institutional Law

Author : Henry G. Schermers
ISBN : 9789004187986
Genre : Law
File Size : 55. 59 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.

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