task of monitoring States‟ compliance with their international obligations has increased the
possibility of conflicting interpretations of similar or identical rules of internationallaw. In this context, it is claimed that international courts with limited ratione materiae and personae jurisdiction fragment internationallaw and threaten its unity. This thesis examines the question of the fragmentation of public internationallaw from the perspective of the European Court of Human Rights (ECtHR). In the view of the present author, the European Court has developed the autonomous interpretative principle of taking cognisance of public internationallaw norms when interpreting the European Convention on Human Rights (ECHR). The ECtHR employs this interpretative principle in a fashion that is distinct from other seminal interpretative principles, namely the so-called comparative interpretation, the dynamic interpretation and the principle of effectiveness.
relations, state principles and rules essential for the maintenance of peaceful relations between States and accepted throughout the world by nations of all creeds, cultures and political complexions’. 35 AG Wahl then found that Articles 48 and 71 of the VCCR on privileges and immunities represent customary internationallaw. The question in this case related to the calculation of old age pension benefits for Ms Evans, who had been employed by the British Consulate General in Rotterdam. The Court looked at whether the provisions of the VCCR relating to the privileges of consular staff had the status of customary internationallaw before the Convention had come into force for the Netherlands. Duquet notes that, unlike its sister convention, the Vienna Convention on Diplomatic Relations, 36 the VCCR was not seen as a straightforward exercise of ‘codifying’ customary internationallaw. 37 This is evidenced by the fact, during the drafting of the VCCR, there was far less agreement among delegates on a disputed issues of consular law, contrary to the diplomatic law counterpart. While it is accepted by scholars that the VCCR represents customary internationallaw, it is more disputed which articles have acquired customary status, and, as was important in this case, at which point in time. The Court adopted the position of AG Wahl, without any discussion of the negotiating history of the VCCR, and by merely mentioning the quoted passage from the Iran Hostages case. This is arguably an example of the CJEU going further than what the ICJ had stated, by finding that the VCCR, at the relevant time, had the status of customary internationallaw.
to subject the concept of “fair and equitable treatment of foreign investment” to the criteria of human rights. 9
Fragmentation of internationallaw could be considered a corollary of globalization and its attendant complexities, or, alternately; it may be viewed as a result of a policy pursued by powerful countries. In terms of the latter notion, a fragmented internationallaw would be in the interest of more powerful states. This fragmentary nature has a contextual and historical dimension: internationallaw has not prevented mass atrocities, global economic imbalances or injustices. Following the Second World War, internationallaw lost its prestige and was – and to a great extent still is – seen as unreliable and impracticable. 10 This in turn led the great powers to formally recognize the existence of internationallaw, yet at the same time, the same powers did little to alter its fragmentary form and structure. Maintaining this fragmented structure has worked in favor of the great powers in that when the need has been felt for corrections, regulations or modifications to be made to some “impracticalities” or anomalies of internationallaw, these changes can be speedily and effectively implemented by a process that can be labeled as ‘reform’ or by simply isolating and/or removing the ‘fragment’ of internationallaw in question, 11 a process far easier than attempting to ‘correct’, reform or abolish the whole of internationallaw as such.
There is a series of other examples of the use of interna- tional concepts in the GATT/WTO dispute cases. The ques- tion of the right of a government to hire a private counsel of its own choosing clearly has been influenced by general inter- national law and seems to be more or less settled. 3 There is a question of what constitutes practice under the agreement that was discussed in the Japanese Alcoholic Beverages Case. 4 There are questions about the precedential effect of opinions. All of those have been referred to and all generally have incor- porated internationallaw concepts. I have discussed this issue with some of the appellate body members, and there is very little doubt in my mind that internationallaw clearly is the mo- tivating umbrella for their work.
A key achievement of the WHO FCTC has been to raise the profile of the importance of global tobacco control. As an instrument with 181 parties, which has a governing body and secretariat which are dedicated to advancing its goals, has legally binding implementation requirements, and feeds into other processes such as human rights bodies and the Sustainable Development Goals, 113 the WHO FCTC is a highly visible commitment to tobacco control. This is a key advantage of legally binding instruments — they are difficult to ignore, and they require tribunals in other areas to at least turn their minds to whether or not they should take into account coherence across both institutional mandates and internationallaw as a whole. Binding instruments often also require more internal processes, encouraging greater multisectoral coordination within states, and it can often be easier to convince non-health sectors of government of the need to implement them, given their binding nature. Finally, visible expressions of commitment send signals to other actors, and can therefore be important to concepts in investment law such as whether or not investors have ‘legitimate expectations’ about certain forms of regulation. 114
fragmentation. According to Sliedregt 210 , when discussing the heterogeneity of international criminal law, pluralism should be favoured as a term as opposed to fragmentation. She argues that fragmentation has a negative connotation as such there is need to recognise the pluralistic nature of international criminal law and find ways of managing it rather than countering it. 211 Greenawalt 212 also adopts the pluralist approach to international criminal law. He challenges the idea that international criminal law should require uniformity in all aspects of its doctrine and practice arguing that the search for consistency and uniformity is misguided, he further argues for ‘a hybrid’ or ‘pluralistic’ model of internationallaw that does not assume international criminal law to be a closed system but instead takes seriously the domestic laws of the states which under normal circumstances would be expected to assert jurisdiction over the case. 213
It is argued that developments in the transportation and communication technologies are two main exogenous factors behind the fragmentation of production. Vertical models of multinational corporations underline the trade-off between opportunities of factor price differences and fragmentation costs (Helpman, 1984; Antras & Helpman, 2004: s. 557-575). On that point, decreases in the transportation and communication costs reduce the costs of fragmentation and therefore it becomes feasible to shift low skilled production tasks to low- waged developing countries. Although these developments are declared in several studies, theoretical framework is stated by Jones and Kierzkowski (1990). According to their analysis, such developments smooth the path for fragmentation by decreasing the cost of service links facilitating the organization of different production blocks.
legitimacy and continuous existence of the international rule of law. Likewise, an argument has been made that juxtaposing open-textured international rule of law requirements with domestic legal systems can, depending on the adaptability of investment arbitrators, either fuel further backlash against the regime or provide new opportunities for enhancing both the legitimacy of the international rule of law and the quality of its domestic counterpart. The decision-making process should systematically and thoroughly engage with the existing national legal framework, even though the ultimate decision on the existence of a breach of a relevant investment protection standard may not formally depend on it. Such an approach can help enhance the national rule of law beyond the confines of an individual case and beyond the piecemeal protection of an individual investor.
By designing the methodology in this way, my study uncovers several things. First, it becomes possible to see how home is transformed, often (but not always) in negative ways, through local, national and international legal norms (such as the duties of an occupier and the right to housing), as well as through the operation of international legal technologies and processes (such as land titling, the creation of occupied zones, and the provision of shelter). Second, the study shows how home, far from being distant and irrelevant to the operation of the international legal order, becomes mixed up in it through a variety of normative and administrative encounters, practices and operations that reflect international law’s turn to the everyday (for example, through the international regulation of large-scale land acquisition and monitoring of national housing policy). In the result, home emerge both as an artifact of internationallaw and as a source that shapes and informs international legal knowledge and practice. Third, by examining not only how internationallaw does homemaking work, but what the consequences of this are for home, the study shows that the concept of home can be understood as an analytical tool that opens up a terrain of experience (such as loss, suffering and struggle, but also resistance and engagement) and a set of meanings (such as being, belonging, memory, homeland and nostalgia) that cannot be captured or expressed internationallaw.
These principles of international environmental law had started to influence the international economic law principles relating to the exploitation of natural resources. Other environmental treaties (whether global or regional) relating to specific regions (e.g. Africa or Southeast Asia) or the protection of specific geographical areas (e.g. wetlands) or specific natural resources (e.g. wildlife, flora and fauna) had started lending their support to the idea that the international economic law-based right of a state to exploit their natural resources was subject to certain principles of international environmental law.
The liberisation of international trade in goods ' 299 The liberisation of international trade in services 332 Trader related aspects >of intellectual property rights (TRIPS) ' 338 The challenges ahead 340 13. Enforcement of .the. WTO Code of Conduct ' ' ' ' : . . 343
So where do the proponents of the Integration through Law project stand on this matter? As mentioned earlier, the introduction to the ITL project opens by stating that the ‘existential dilemma’ it faced was in reconciling, ‘on the one hand, a respect for the individual unit, freedom of choice, pluralism and a diversity of action, and, on the other hand, the societal need for cooperation, integration, harmony and, at times, unity.’ (Cappelletti, Seccombe and Weiler (1986:4). It could even be said that the role of law and the legal system in the realisation of this state of balance between the competing forces of unity and diversity, as well as the recognition of the interdependency and interconnectedness of law with the European polity and political system, formed the core of what has become the ITL maxim, namely that law is both the object and instrument or agent of integration (Cappelletti, Seccombe and Weiler 1986, Dehousse and Weiler 1990). Of course, the ITL proponents were well aware of the complexities inherent to the notion of European legal integration; not only was it already appreciated that the concept comprised two elements, namely both the process
This 15 credit module runs during the Autumn term and is taught via 5 two hour seminars. To distinguish it from the 30 credit IP module, it takes a more practical and international focus and covers in detail the contents of EU IP licences and distribution agreements, and the issues of EU Competition Law and the principle of the exhaustion of rights that arise so the Topic 3 is much larger than the other two. In addition to the module handbook, a Case Study will be provided with precedents and the seminars (and assessment) focus on the drafting of agreements. The international focus of the module means that an outline of IP law is given using sources from the EU Directive and international convention. A prior knowledge of IP is not required for the module and can be selected alongside the 30 credit IP module if desired.
Alternatively, students who do not have the possibility to do an internship because they already work in business or administration may present a Master dissertation prepared under the supervision of one of a professor on a topic over which they have agreed and with the approval of the director of the master. The experience of doing research in the legal field and drafting a dissertation is of great interest. Not only does it give to the students who would like later to develop research for a PhD an opportunity of a first research exercise ; but it also allows those who are already working to train in conceptualisation and drafting on a topic related to diplomacy, law, business which in any professional position is of great importance.
As mentioned earlier, there exists a rather rich literature dealing with the impact of cross- listing on the (required) return of a stock. Theoretical models, for instance Alexander et al. (1987), suggest that cross-listing should lead to temporary excess returns, which are justified by the fact that cross-listing removes existing market segmentation. Empirical results, however, have not been completely persuasive. Domowitz et al. (1995) found that excess returns are insignificant around the GDR (ADR) listing, while Jayaraman (1993) found significant gains only for Japanese firms. Alexander et al. (1988) found positive abnormal returns prior to the cross-listing, but they also observed negative returns after the cross-listing. More recently, Miller (1999) examined the stock price reaction to international dual stock listing across a broad sample of countries and focused on the date of the dual-listing announcement rather than the actual listing date. His findings suggest that the excess returns are indeed significant.
The same consideration as the one mentioned in section one is relevant here. It was argued there that the absence of natural law in the narrow sense cannot be demonstrated, which did not prove to be a decisive objection. The present section adds that it cannot be proved that universal principles exist. Of course, this is not the challenge; on the contrary, it is up to those who maintain natural law in the narrow sense to demonstrate to what extent these would exist. Accordingly, the issue revolves around the question of whether it is more credible for such principles to serve as a basis in establishing human rights, or whether these should rather be considered to be generalizations made in hindsight, a top- down versus a bottom-up approach. This article has indicated above that the second ap- proach is the more persuasive one.
Nations General Assembly and the Sixth Committee is by Attila Tanzi and Maurizio Arcari, entitled The United Nations Convention on International Wa tercourses: A Framework for Sharing . Both of these works provide extensive analysis of the principle of equitable utilization and the principle of the prevention of significant harm and the relationship between these two principles. Despite these writings, the principle of reasonable use has generated very little discussion. During the ILC process and the adoption of the UN Convention, States focused on these principles to overcome efforts to assert sovereignty over shared water resources. Moreover, as the number of places experiencing water scarcity and water stress increases, 95