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Journal of International Economic Law, 2013

Investment treaty tribunals have increasingly touched upon delicate issues, including for example access to water, public health or cultural polices. What standard of review have they adopted vis-a-vis state regulation aimed to protect fundamental interests and values? Can ideas regarding the standards of review be borrowed from other national and international systems; and if so, which one should be selected? Or, rather, due to its hybrid nature investment law scholars should develop specific standards of review only for investment law and arbitration? Far from being merely theoretical, these questions touch upon the legitimacy of international investment law and arbitration as a component of multilevel governance which now characterizes international (economic) relations. Investigating these questions can contribute to the alignment of general international law and investment protection, reinforcing the capacity of international investment law to contribute to the public wealth. The article submits that while a standard of complete deference to national measures would run against the very purpose of international investment law; an overly intrusive standard is neither a feasible option. In this context, the authors consider standards developed within the WTO as a possible model for international arbitration tribunals.

Geneva Academy of International Humanitarian Law and Human Rights

The prosecution of suspected international criminals based on the principle of universal jurisdiction continues to damage the international relations of States and, as a consequence, the development of an effective tool to fight impunity. The doctrine, prone to controversy, has already been labelled a form of neo-colonialism. With this in mind,

This article analyzes the issues of legal nature of international private law and its place in the legal system of the state. In this regard, consider the views of prominent Russian jurists and lawyers of other CIS countries on International Private Law, and is divided into three main concepts regarding the place of private international law in legal system. By being a supporter of the concept of the national nature of private international law as an independent branch of law, fully justified the opinion opinions of other lawyers and practice enforcement rules of international private law.This article analyzes the issues of legal nature of international private law and its place in the legal system of the state. In this regard, consider the views of prominent Russian jurists and lawyers of other CIS countries on International Private Law, and is divided into three main concepts regarding the place of private international law in legal system. By being a supporter of the concept of the national nature of private international law as an independent branch of law, fully justified the opinion opinions of other lawyers and practice enforcement rules of international private law.

Yearbook of the Faculty of Philosophy , 2018

The paper focuses on the relationship between International Law and International Relations, i.e. on their interconnectedness as a substantial issue both from a theoretical and practical point of view. The starting premise is that although they constitute distinct academic disciplines, the objects of their interest can hardly be analysed in isolation from each other. Even those who disagree with the thesis of their academic synergy, acknowledge that with no international law there could be no international relations; also, the practice of international politics is a ground that breeds international legal norms. In the analysis of this rather complex relationship, a special emphasis is placed on the need for deconstruction of the wide-spread myth that international law is by default ‘good’ (i.e. positive in a normative sense of the word), while the international politics is to be blamed for all the bad things that happen in the international arena. Instead, we make an attempt to shed some light on the most important strategic and moral limits of the international law, in order to induce a more critical viewpoint on the relations between power, politics and law in the international arena. The paper ends with some suggestions about the need for development of an innovative research agenda in elaboration of this relationship.

International Journal of Public Opinion Research, 1993

The agenda-setting impact of international news was examined by comparing the coverage of 15 categories of international news in four news media (the New York Times, ABC, CBS, and NBC) with the level of public concern with international problems as recorded by all 41 Gallup organization's most important problem polls conducted from 1975 to 1990. The findings suggest that the way in which international news is framed in news reports may determine the magnitude of salience cues. Four categories of news coverage demonstrated the strongest agenda-setting influence: international conflicts involving the United States; terrorism involving the U.S.; crime/drugs; and military/ nuclear arms. Generally, the results support previous findings which concluded that stories with high degrees of conflict and stories with concrete presentations (by including Americans in the stories) have the strongest agenda-setting impact. In addition, two news categories-international trade not involving the United States, and politics not involving the United States-con-elated negatively with public concern for two of the news media. This result suggests that press coverage, besides increasing public concern with certain issues, can also decrease concern. Certain categories of news, such as stories dealing with international politics and trade, can give individuals cues that the international arena is functioning quite smoothly. These types of international news stories show individuals that international problems are not really serious problems at all.

The pursuit of humanitarianism in a multicultural world: Critical issues and key tensions 3 MIWA HIRONO AND JACINTA O'HAGAN The universality of humanitarianism: A questioned concept? 13 WILLIAM MALEY Is humanitarian aid acceptable? 17 JEREMY ENGLAND China's conception of assistance in disaster areas 23 MIWA HIRONO Evolving Japanese humanitarianism 29 YUKIE OSA Challenges and hopes for humanitarian operations in Indonesia 33 SIGIT RIYANTO Contributors 39 1 Preface MIWA HIRONO AND JACINTA O'HAGAN

RESUME This article aims to point out relevant aspects of International Public Law, discussed along de Directed Studies of The Hague Academy, in the context of democracy that presents a vast concept, with different perspectives of analysis, but nowadays, mainly during the 1990s, international system experienced a major movement leading speeches of different sectors of the society, providing local and global governance much more than unilateral view of governments. It has also been mentioned as a new dimension of critical position, mainly because a new sense of development has given to the term, originated more than 2,400 years ago in ancient Greece, a returnable and revisited semantic value in the juridical speeches. The word “democracy” means “rule by the people.” In a connected worldwide dimension, one can also include the concept of e-democracy, transforming local problems in a global and universal perspective of analysis, considering the transparence of information, visibility, accessibility, and availability of “data” like jurisprudence and legal sources that provide bases and ultimate authority. The source of government authority is a fundamental principle of democracy, which diligently, states must respond to conflicts of interest. Keywords: Democracy, international law, international interventions and interferences, diligences, concrete cases.

International joint ventures (IJVs) are an important type of international strategic alliance (ISA) and have been studied by scholars for decades, resulting in a plethora of empirical studies, publications, and reviews, yet an inadequate accumulation of knowledge exists, as a closer look reveals. Much more than providing a summary and critical assessment of past contributions, this paper develops an expansive research agenda based upon a deep understanding of past research and comprehensive frameworks that distill this research. We identify a number of research opportunities that would not only advance IJV research but also closely related literatures and disciplines such as ISAs, theories of the multinational firm, international business research, and strategic management.

International Criminal Justice in Africa , 2017

Corporate criminal liability has a long history in national legal systems. Although mooted in numerous forums in the course of the development of international criminal law, international criminal tribunals have been hesitant to incorporate corporate criminal liability. Attempts to hold legal persons criminally liable for international crimes have been sought through the modes of ‘complicit crimes’. Nonetheless, this has not been sufficient to hold corporates criminally liable as the jurisdiction of all these tribunals have been limited to natural persons. The Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights (Malabo Protocol) becomes the first international treaty to expressly incorporate the doctrine of corporate criminal liability over international and transnational crimes. This is a significant step in the history of international criminal law. It provides an avenue to effectively plug the impunity gap currently existing on the continent with respect to corporate criminal liability. This chapter evaluates the scope and potential contribution of corporate criminal liability under the Malabo Protocol and questions whether it will enhance the administration of criminal justice in Africa. The chapter briefly highlights aspects of historical developments that are relevant in the subsequent evaluation of the doctrine under the Malabo Protocol. Ultimately, the chapter argues that, if implemented, the Malabo Protocol will make a significant contribution to international criminal law through its introduction of the doctrine of corporate criminal liability in international criminal law.

Boston University International Law Journal, 2013

The formation of customary international law has long been criticized for its lack of a clear methodology, characterized by an ambivalent relationship with state consent. Although customary international law seems to be entirely a creature of state consent, after all it is based on actual practice, in reality the fit with state consent is loose at best. Customary international law only awkwardly bridges the gap between a descriptive and prescriptive norm. Unable to move forward, the study of the formation of customary international law appears to have largely reached an impasse. Yet, states still appear to support and apply customary international law as a source of law, so we are faced with the situation of embracing a source of law that we do not understand well and where the applicable law is often vague. This article is an attempt to bring into international law a perspective from the hard and soft sciences for discussing the formation of customary international law, specifically the study of critical mass in collective group behavior. This language is not entirely new to discussions on customary international law. Where it has been mentioned, the implications of critical mass theory have not been fully explored. Critical mass can be a loose concept to simply describe the accumulation of small actions that result in large shifts in collective behavior; however, it is also an empirically-based scientific study that attempts to assess how those changes come about. This article seeks to delve more deeply into critical mass and apply the insights from this study to the formation of customary international law. Following a very brief introduction with background on customary international law, the paper will describe how the social sciences have embraced the critical mass theoretical perspective in the study of collective decision-making. Three primary elements of social change will be identified: (1) the importance of the content of the norm, (2) the role of influence through networks, and (3) the role of key individuals, “opinion leaders” and “opinion diffusors”. Following this review of the science, the author will draw some implications for customary international law. In particular, the author will re-characterize three major discussions within customary international law into the three key factors of critical mass. The first discussion is that over the qualitative assessment of norms. The second is the growing influence of networks either as transnational governance or international organization rule-making. The final discussion is a proposal to understand the role of the “specially interested” state as a norm entrepreneur. The paper will conclude that study of critical mass can contribute to a better, and more formal, methodology for understanding customary international law.