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61. The Rule of Law, Legal Traditions, and Economic Growth in East Asia

Author:
Meredith Woo-Cumings
Publication Date:
05-2006
Content Type:
Working Paper
Institution:
United Nations University
Abstract:
This paper examines the literature on the rule of law and economic development, and in particular the influential argument by La Porta et al., on the superiority of the Anglo-American common law system in fostering financial development. In this paper I show that however compelling their argument might be, legal traditions and institutions do not determine the nature of the state, nor its likely role in the economy—nor do they critically determine the course of economic development. I build my case by examining the real and informal mechanisms of state intervention in the economy in East Asia.
Topic:
Development, Economics, and International Law
Political Geography:
America, Israel, and East Asia

62. Some Comments Concerning the Advisory Opinion of the International Court of Justice on the Construction of a Wall in the Occupied Palestinian Territory: The Performance of the European Union

Author:
Camela Pérez Bernárdez
Publication Date:
01-2005
Content Type:
Working Paper
Institution:
Institute of European Studies (IES), UC Berkeley
Abstract:
On December 8th, 2003, the United Nations General Assembly adopted a resolution to submit the question concerning the legality of Israel's construction of a wall in the Occupied Palestinian Territory to the International Court of Justice for an advisory opinion. The Court accepted, and thus entered into the Israeli-Palestinian conflict - one of the most far reaching, difficult, and delicate disputes that the international community has faced. The purpose of this paper is two-fold. First, it analyzes the most relevant issues in the Wall case related to jurisdiction and merits. Second, it considers the position of the European Union in terms of the Middle East conflict, and specifically, concerning this advisory opinion.
Topic:
International Relations and International Law
Political Geography:
Europe, Middle East, Israel, Palestine, and United Nations

63. Competition Law and Policy in Japan

Publication Date:
09-2004
Content Type:
Policy Brief
Institution:
The Organisation for Economic Co-operation and Development
Abstract:
Japan's Fair Trade Commission, created in 1947, is one of the oldest and largest competition law enforcement agencies in the world. Before the 1990s, though, competition had usually played a subordinate role in Japan's regulatory policies, while aspects of Japan's traditional approach to regulation had contradicted principles of modern competition policy. Over the past decade of reform in Japan, this attitude toward competition policy has been changing.
Topic:
Development, Government, and International Law
Political Geography:
Japan and Israel

64. Resolution of The International Court of Juctice Concerning the Wall Constructed by Israel

Author:
Erdem Denk
Publication Date:
09-2004
Content Type:
Journal Article
Institution:
Uluslararasi Iliskiler
Abstract:
This study the advisory opinion given by the ICJ regarding the wall being constructed by Israel in the occupied territories. The Court has found that the wall, which is, according to Israel, being constructed due to security consideraions regard,ng terrorist attacks of various Palestinian gropus, is contarry to various principles and rules of international law. The basic justification of the decision is the fact that the wall is being constructed on areas which have the status of "occupied territories". The Court, which wasted the opportunity to assess the relationship between law and the struggle against terrorism, has also failed to deal sufficiently with the merits of the case althought it dwelled on every objection of Israel regarding procedural matters. Although it is a quite apt judgement,the rather general and abstract conclıisons regarding the mertis of the case gave those who criticised the judgement some space to base thier arguments. The Court should have given much more importance to its legal reasonnig regarding concrete breaches of Israel.
Topic:
International Law
Political Geography:
Middle East, Israel, and Palestine

65. Palestine and Israel

Author:
Stephen Zunes
Publication Date:
02-2001
Content Type:
Policy Brief
Institution:
Foreign Policy In Focus
Abstract:
There is a widespread assumption that resolution of the conflict between Israelis and Palestinians is extremely complex and that the U.S. has been and still is the best hope for peace. The reality, however, is just the opposite.
Topic:
Conflict Resolution, Foreign Policy, International Law, Peace Studies, and United Nations
Political Geography:
United States, Middle East, Israel, and Palestine

66. Jerusalem in International Diplomacy: The 2000 Camp David Summit, the Clinton Plan, and Their Aftermath

Author:
Dore Gold
Publication Date:
02-2001
Content Type:
Policy Brief
Institution:
Jerusalem Center for Public Affairs
Abstract:
Since its independence in 1948, and indeed even in prior times, Israel's rights to sovereignty in Jerusalem have been firmly grounded in history and international law. The aftermath of the 1967 Six-Day War only reinforced the strength of Israel's claims. Seven years after the implementation of the 1993 Oslo Agreements, Prime Minister Ehud Barak became the first Israeli prime minister to consider re-dividing Jerusalem in response to an American proposal at the July 2000 Camp David Summit. The December 2000 Clinton Plan attempted to codify Barak's possible concessions on Jerusalem. Yet they proved to be insufficient for PLO Chairman Yasser Arafat, leading to a breakdown in the peace process and an outburst of Palestinian violence with regional implications. At least the failed Clinton Plan did not bind future Israeli governments or U.S. administrations, leaving open the possibility of new diplomatic alternatives. Only by avoiding premature negotiation over an unbridgeable issue such as Jerusalem can the U.S., Israel, and the Palestinians stabilize the volatile situation that has emerged and restore hope that a political process can be resumed in the future.
Topic:
Security, Government, International Law, Religion, and Sovereignty
Political Geography:
United States, America, Middle East, and Israel

67. Ratifying The Kyoto Protocol: The Case For Japanese­Russian Joint Implementation

Author:
Benito Müller
Publication Date:
05-2001
Content Type:
Policy Brief
Institution:
Chatham House
Abstract:
In direct reaction to President Bush's speedy reneging on a campaign pledge to set 'mandatory reduction targets' for carbon dioxide emissions from power generation (a mere 53 days into his presidency), Rainer Hinrichs-Rahlwes, Director General of the German Environment Ministry, admitted that 'maybe it will be necessary to ratify the Protocol without the US and to instead pave the way for them to join later'. Since then, this sentiment has been rapidly gaining ground internationally, in particular after President Bush unilaterally declared the failure of the Kyoto Protocol. Indeed, at a meeting in Kiruna (Sweden) on 31 March 2001, EU environment ministers pledged to pursue ratification of the treaty with or without the United States. Environment minister Kjell Larsson, for the Swedish Presidency, stated that 'the Kyoto Protocol is alive, contrary to what has been said from the other side of the Atlantic. No individual country has the right to declare a multilateral agreement dead.'
Topic:
Environment, International Law, and Science and Technology
Political Geography:
Russia, Japan, and Israel

68. State Compliance With International Legitimate Norms: Wildlife Preservationist Pressures On Japanese Fishing

Author:
Isao Miyaoka
Publication Date:
03-2000
Content Type:
Working Paper
Institution:
International Studies Association
Abstract:
Why do states comply with international norms? The analogy of classical theories on individuals' compliance is useful to understand state compliance with international norms. For example, Friedrich Kratochwil lists three theories related to norm compliance in social life: The Hobbesian or realist position derives compliance with norms from force or the threat of force. A second class of theories explains compliance in terms of the long-term utilitarian calculations of actors, a perspective perhaps best identified with Hume's argument about the nature of conventions. Third is the idealist position of Durkheim, who conceptualizes norms and rules as “social facts” existing objectively and constraining individual choices.
Topic:
Environment, International Law, and Sovereignty
Political Geography:
Japan and Israel

69. Maritime Jurisdiction in the Three China Seas

Author:
Ju Guoxing
Publication Date:
10-1995
Content Type:
Working Paper
Institution:
University of California Institute on Global Conflict and Cooperation (IGCC)
Abstract:
The three China Seas (the Yellow Sea, the East China Sea, and the South China Sea) are all enclosed or semi-enclosed and studded with so many offshore and mid-ocean islands that nowhere does the distance from one headland or island to another approach 400 nautical miles. With the extension of national jurisdiction over maritime resources, no seabed in the area is left unclaimed.
Topic:
International Law and Sovereignty
Political Geography:
China, Israel, and Southeast Asia