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21. Justice in International Economic Law? From the 'International Law among States' to 'International Integration law' and 'Constitutional Law'

Author:
Ernst-Ulrich Petersmann
Publication Date:
12-2006
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
The UN Charter and the Vienna Convention on the Law of Treaties require interpreting treaties and settling international disputes “in conformity with the principles of justice and international law.” This contribution discusses procedural and substantive principles of justice which the international judge may take into account in interpreting international economic agreements. The “sovereign equality of states” underlying the “international law of coexistence” as well as the “international law of intergovernmental cooperation” must be interpreted in conformity with the universal recognition of human dignity as a source of inalienable human rights. The universal recognition of economic and social human rights further requires taking into account solidarity principles, as proposed also by the sociological approach to international law. The constitutional structures and citizen-oriented functions of the law of international economic organizations liberalizing and regulating mutually beneficial market transactions among citizens require judges to engage in a careful balancing of state-centered and citizen-oriented principles of international law, including respect for the emerging human right to democratic decision-making. This modern “international integration law” and the increasing number of “international constitutional rules” promote the reconciliation of the various state-centered approaches, human rights approaches, sociological approaches and policy-approaches to international law as a system not only of international rules and “legal pluralism” but also of constitutionally limited decision-making processes and struggles for human rights.
Topic:
Economics, Human Rights, International Law, Treaties and Agreements, and United Nations
Political Geography:
Vienna

22. Iran Means What It Says

Author:
Michael Rubin
Publication Date:
01-2006
Content Type:
Policy Brief
Institution:
American Enterprise Institute for Public Policy Research
Abstract:
On February 2, 2006, the International Atomic Energy Agency will meet in Vienna to discuss the nuclear crisis in Iran and, in all likelihood, refer Iran to the United Nations Security Council for being in breach of the Nuclear Non-Proliferation Treaty's safeguards agreement. Such a referral will mark a turning point in a decade-long saga. Europe's engagement with Iran has failed. The United States and its European allies have been resolute in their condemnation of the Iranian government decision to resume uranium enrichment. In contrast to previous diplomatic impasses with Tehran, neither Washington nor its European allies appear willing to make further concessions. On January 23, U.S. secretary of state Condoleezza Rice said, “I don't see much room for further discussion in any format [with Iran].” At a January 13, 2006, press conference with German chancellor Angela Merkel, George W. Bush condemned Iran. “Iran, armed with a nuclear weapon, poses a grave threat to the security of the world,” Mr. Bush said. “We will not be intimidated,” Ms. Merkel added. Already, though, there has been one casualty of the diplomatic crisis: the European Union's policy of engagement.
Topic:
International Relations, Nuclear Weapons, and United Nations
Political Geography:
United States, Europe, Iran, Washington, Middle East, Tehran, Germany, and Vienna

23. Topics in Terrorism: Toward a Transatlantic Consensus on the Nature of the Threat

Author:
Jason S. Purcell (ed) and Joshua D. Weintraub (ed)
Publication Date:
07-2005
Content Type:
Policy Brief
Institution:
Atlantic Council
Abstract:
The Brussels Conference on “Topics in Terrorism: Toward a Transatlantic Consensus on the Nature of the Threat” was the first of three conferences whose principal purpose was to explore specific themes associated with the world-wide effort to cope with and counter the threat of terrorists. Held in three different European capitals (Brussels, Vienna, and Budapest), the conferences drew on divergent presenters and audiences. Each conference convened subject-matter experts from the United States and Europe with the express intent of considering various perspectives on some of the most difficult challenges facing the transatlantic community. While reaching a consensus on each of the major topics would certainly have been a desirable outcome, where a consensus proved elusive, a major objective was to gain a better understanding of the divergent views and the rationale that underpins those views.
Topic:
International Relations, Development, and Terrorism
Political Geography:
United States, Europe, and Vienna

24. U.S. Policy and Iraqi Oil: The Challenges Ahead

Author:
Simon Henderson
Publication Date:
04-2003
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
This Thursday, the Organization of the Petroleum Exporting Countries (OPEC) -- the oil producers' cartel of which Iraq is a founding member -- meets in Vienna to discuss production cuts intended to maintain the current, relatively high price of oil. The United States is not expected to send a representative for Iraq, although one or more among the plethora of political groups in the liberated country may send a would-be representative, unlikely to be seated. While ignoring the meeting, Washington still needs to make clear how it will reconstruct the Iraqi oil industry and utilize the nation's huge oil reserves, second in size only to those of Saudi Arabia.
Topic:
Security and Religion
Political Geography:
United States, Iraq, America, Middle East, Arabia, Saudi Arabia, and Vienna

25. European Union — Sanctions against Austria lifted

Author:
Caspar Fithin
Publication Date:
09-2000
Content Type:
Policy Brief
Institution:
Oxford Analytica
Abstract:
The decision last week to lift political sanctions against Austria came as a relief to both Vienna and most of the fourteen EU member states participating in the action. Imposed in protest at the inclusion in government of the far-right Freedom Party (FPOe), the sanctions had rapidly became a source of difficulty and embarrassment. Crucially, nobody had been clear about what the precise aims were, or in what circumstances the sanctions would be suspended: there was no exit strategy for either side.
Topic:
Foreign Policy
Political Geography:
Europe, Austria, and Vienna