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721. 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

722. Legislate or Delegate? Bargaining over Implementation and Legislative Authority in the European Union

Author:
Henry Farrell, Adrienne Héritier, and Carl-Fredrik Bergström
Publication Date:
12-2006
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
In this article we explain how actors' ability to bargain successfully in order to advance their institutional preferences has changed over time as a function of the particular institutional context. We show how actors use their bargaining power under given institutional rules in order to shift the existing balance between legislation and delegation, and shift the rules governing delegation in their favour, between formal treaty changes. We argue that a collective actor's preferences over delegation is a function of whether the actor has more ability to influence policy through delegation or through legislation. We go on to argue that the degree to which a specific actor's preferences can prevail (in a setting in which different actors have different preferences) will depend upon its bargaining power under existing institutional rules, i.e. its ability to impede or veto policy in order to change the division between legislation and delegation and the rules of delegation. Our primary focus in this article is on choice over procedure; i.e. the battles over whether or not delegation or legislation should be employed. We maintain a secondary focus on change in procedure, examining how different procedures of comitology have come into being and been removed from the table. We examine the evolution of the debate over comitology and implementation, over five key periods. We scrutinize how actors within these periods seek to shift the balance of legislation and delegation and the rules of delegation according to their preferences. Our conclusions assess our empirical findings on the basis of our model.
Topic:
Development, Government, and Treaties and Agreements
Political Geography:
Europe

723. Domestic Politics and Referendums on the Constitutional Treaty

Author:
Gemma Mateo González
Publication Date:
05-2006
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
How can the decision of ten member states to subject the Constitutional Treaty of the European Union (EU) to a referendum be explained? Recently, some scholars have considered the need to give legitimacy to the decisions of the EU as one of the principal motivations for holding referendums. An empirical analysis of the motivations behind the decisions in favour of referendums uncovers a completely different reality, however. Political actor s used the possibility to hold referendums about European matters in a strategic way to strengthen their positions in the domestic context rather than to correct the democratic deficit of the EU. The analysis of a database with the positions of all the political parties represented in the national parliaments of the twenty-five member states confirms this point.
Topic:
Politics, Sovereignty, and Treaties and Agreements
Political Geography:
Europe

724. A Constitutional Basis for Effective External Action?

Author:
Marise Cremona
Publication Date:
01-2006
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
This paper will appear in Genèse et Destinée de la Constitution Européenne Commentaire du traité établissant une Constitution pour l'Europe à la lumière des travaux préparatoires et perspectives d' avenir edited by Giuliano Amato, Hervé Bribosia and Bruno De Witte. It seeks to assess, on a selective basis, the provisions in the Constitutional Treaty which relate to the Union's external action. In doing so it considers issues of consistency, competence, the partial integration of the pillars and remaining questions concerning the legal nature of the EU's Common Foreign and Security Policy, the Common Security and Defence Policy, the procedures for concluding international agreements and the common commercial policy. Institutional aspects of external action, and in particular the creation of the Minister of Foreign Affairs, are considered elsewhere in the volume and are therefore not covered here. Consideration is also given to the extent to which it would be possible, and/or desirable, to incorporate the changes made by the Constitutional Treaty into a revised text or an alternative Treaty.
Topic:
Security, Foreign Policy, and Treaties and Agreements
Political Geography:
Europe

725. Twinning Projects: Analyzing the Experience of "Old" EU Member States and Evaluating Benefits of Twinning Out for the Czech Republic

Author:
Elsa Tulmets, Lucie Konigova, and Eliska Tomalova
Publication Date:
11-2006
Content Type:
Working Paper
Institution:
Institute of International Relations Prague
Abstract:
Twinning has become the cornerstone of the European Union's assistance to Acceding, Candidate or Potential Candidate Countries. Recently, Twinning has also started benefiting countries included in the programme of enhanced co-operation (European Neighbourhood Policy countries). The original aim of Twinning was and largely remains to be the building of capacity of these countries to adopt, implement and enforce the full acquis communautaire before joining the European Union (EU).
Topic:
Conflict Resolution and Treaties and Agreements
Political Geography:
Europe and Eastern Europe

726. Peace Through Security: Making Negotiated Settlements Stick

Author:
Monica Toft
Publication Date:
11-2006
Content Type:
Working Paper
Institution:
Centre for International Peace and Security Studies
Abstract:
This paper presents an empirical challenge to the commonlyaccepted wisdom that negotiated settlements are the best way to end civil wars. There are two problems with negotiated settlements. First, negotiated settlements account for only onefifth of all civil war outcomes, thus the bulk of wars and their endings remain largely understudied. Second, wars ended by negotiated settlements are much more likely to recur than those ended by outright military victory. The paper shows that military victories, especially those attained by rebels, are not only more stable, but may help better promote democratization. The author argues that rebel victories are more stable because they employ mechanisms of both harm and benefit to all parties in reconstructing the state. By contrast, negotiated settlements tend to include only mutual benefit, leaving mutual harm mechanisms aside. The implication being that without the possibility of mutual harm, negotiated settlements fail. The paper offers ways to integrate harm mechanisms into these settlements and thereby make them as robust as military victories.
Topic:
Security, Peace Studies, and Treaties and Agreements

727. Recent Regional Agreements: Why so many, so fast, so different and where are they headed?

Author:
John Whalley
Publication Date:
09-2006
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
Recent years have witnessed a sharp increase in the number of regional trade agreements (RTAs) both concluded and under negotiation. This paper attempts to document and discuss this growth focusing on the United States (US), the European Union (EU), China, India and the agreements of other countries. The form, coverage, and content of these agreements vary considerably from case to case. This paper poses the following questions: why so many, why the variation, and why the recent increase in RTAs? Implications for the trading system are discussed in a final section.
Topic:
Development, International Trade and Finance, Regional Cooperation, and Treaties and Agreements
Political Geography:
United States, China, and India

728. 'Justice on the Cheap' Revisited: The Failure of the Serious Crimes Trials in East Timor

Author:
David Cohen
Publication Date:
05-2006
Content Type:
Policy Brief
Institution:
East-West Center
Abstract:
From 2000 to 2005 a UN-sponsored tribunal in East Timor sought to achieve accountability for violence associated with the 1999 vote for independence from Indonesia. Despite criticism of the tribunal's performance the UN has maintained that it was a success. In fact the East Timor tribunal represents a virtual textbook case of how not to create, manage, and administer a hybrid justice process. It was handicapped from the beginning by a debilitating lack of resources, an unclear mandate, inadequate recruitment, ineffective management by a peacekeeping mission that had other priorities, and above all a lack of political will both at UN headquarters and at the mission level. Trial practices and jurisprudence were too often deeply flawed, in important respects did not meet international standards, and, in a significant number of cases, undermined the rights of the accused to a fair trial. Because the UN risks repeating some of the same mistakes in Cambodia it is particularly important now to assess the failings of the East Timor trials.
Topic:
Conflict Resolution, Crime, and Treaties and Agreements
Political Geography:
Israel and United Nations

729. Israel/Hizbollah/Lebanon: Avoiding Renewed Conflict

Publication Date:
11-2006
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
UN Security Council Resolution 1701 halted the month- long fighting between Israel and Hizbollah but did little to resolve the underlying conflict and, if poorly handled, could help reignite it. The resolution has held remarkably well, with only limited violations. However, the temptation by either party to overreach could trigger renewed fighting. The greatest threats would be attempts by Israel or UN forces (UNIFIL) to use 1701 as a blunt means of disarming Hizbollah in the south or by Hizbollah to test UNIFIL's resolve. 1701 should be seen as a transitory instrument that can stabilise the border by containing both sides' military impulses until bolder action is taken to address both domestic Lebanese matters (reforming and democratising the political and electoral systems; building a strong sovereign state and army; resolving the question of Hizbollah's armaments) and, especially, regional issues (in particular re-launching the Syrian track and engaging Iran). In short the international community must be modest in implementing 1701 for as long as it is not prepared to be ambitious in its regional diplomatic efforts.
Topic:
Security, Treaties and Agreements, and United Nations
Political Geography:
Middle East, Israel, Lebanon, and Syria

730. Global Leaders Call for Action on Arab-Israeli Settlement

Publication Date:
10-2006
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
With the Middle East immersed in its worst crisis for years, we call for urgent international action towards a comprehensive settlement of the Arab-Israeli conflict. Everyone has lost in this conflict except the extremists throughout the world who prosper on the rage that it continues to provoke. Every passing day undermines prospects for a peaceful, enduring solution. As long as the conflict lasts, it will generate instability and violence in the region and beyond.
Topic:
Conflict Resolution and Treaties and Agreements
Political Geography:
Middle East, Israel, and Arabia