Andrew T Guzman
- Published in print:
- 2008
- Published Online:
- January 2008
- ISBN:
- 9780195305562
- eISBN:
- 9780199867004
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195305562.003.0004
- Subject:
- Political Science, International Relations and Politics
This chapter analyzes the most important source of international law – the international agreement. It first explains why it is appropriate to think of states as being risk neutral rather than risk ...
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This chapter analyzes the most important source of international law – the international agreement. It first explains why it is appropriate to think of states as being risk neutral rather than risk averse in the context of international law. It then explores the choice states make between various design features in their international agreements, including the choice between hard and soft law, the presence or absence of dispute resolution, the use of reservations, escape clauses, and exit clauses. The trade‐off between form and substance in agreements is also explained, as is the manner in which membership rules are developed.Less
This chapter analyzes the most important source of international law – the international agreement. It first explains why it is appropriate to think of states as being risk neutral rather than risk averse in the context of international law. It then explores the choice states make between various design features in their international agreements, including the choice between hard and soft law, the presence or absence of dispute resolution, the use of reservations, escape clauses, and exit clauses. The trade‐off between form and substance in agreements is also explained, as is the manner in which membership rules are developed.
Andrew T Guzman
- Published in print:
- 2008
- Published Online:
- January 2008
- ISBN:
- 9780195305562
- eISBN:
- 9780199867004
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195305562.003.0002
- Subject:
- Political Science, International Relations and Politics
This chapter presents the basic theory of international law that is then used throughout the book. It explains how the forces of reputation, retaliation, and reciprocity (the Three Rs of Compliance) ...
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This chapter presents the basic theory of international law that is then used throughout the book. It explains how the forces of reputation, retaliation, and reciprocity (the Three Rs of Compliance) make international law work. It discusses the various types of problems that international law and international agreements seek to address, ranging from simple coordination problems to difficult prisoner's dilemma problems. The role of international tribunals in the operation of international law is also discussed, as are the particular challenges presented by multilateral agreements.Less
This chapter presents the basic theory of international law that is then used throughout the book. It explains how the forces of reputation, retaliation, and reciprocity (the Three Rs of Compliance) make international law work. It discusses the various types of problems that international law and international agreements seek to address, ranging from simple coordination problems to difficult prisoner's dilemma problems. The role of international tribunals in the operation of international law is also discussed, as are the particular challenges presented by multilateral agreements.
Tonia Novitz
- Published in print:
- 2011
- Published Online:
- January 2013
- ISBN:
- 9780197264911
- eISBN:
- 9780191754098
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197264911.003.0013
- Subject:
- Economics and Finance, Development, Growth, and Environmental
This chapter investigates how international framework agreements (IFAs) could assist in securing economic, social, and environmental development objectives. At issue is whether ‘big unions’ and ‘big ...
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This chapter investigates how international framework agreements (IFAs) could assist in securing economic, social, and environmental development objectives. At issue is whether ‘big unions’ and ‘big business’ can secure change, not only at the global level where agreements are easily reached in the abstract, but also at the local level such that development-oriented reforms are actually implemented in practice. It is argued that IFAs, by their very nature, have this potential. They can forge important intersections between the global and the local spheres of deliberation. In so doing, they may give opportunities to workers to identify local issues of economic, social, and environmental concern, and participate in decisions relating to their employer's responses to such concerns. Although there are obstacles that must be overcome, IFAs may well have an impact on development and its sustainability.Less
This chapter investigates how international framework agreements (IFAs) could assist in securing economic, social, and environmental development objectives. At issue is whether ‘big unions’ and ‘big business’ can secure change, not only at the global level where agreements are easily reached in the abstract, but also at the local level such that development-oriented reforms are actually implemented in practice. It is argued that IFAs, by their very nature, have this potential. They can forge important intersections between the global and the local spheres of deliberation. In so doing, they may give opportunities to workers to identify local issues of economic, social, and environmental concern, and participate in decisions relating to their employer's responses to such concerns. Although there are obstacles that must be overcome, IFAs may well have an impact on development and its sustainability.
Edward A. Parson
- Published in print:
- 2003
- Published Online:
- November 2003
- ISBN:
- 9780195155495
- eISBN:
- 9780199833955
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195155491.003.0005
- Subject:
- Political Science, American Politics
Domestic and international policy‐making on protection of the ozone layer are examined from 1980 to 1987. Tracks the 1982 resumption of international negotiations to protect the ozone layer after two ...
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Domestic and international policy‐making on protection of the ozone layer are examined from 1980 to 1987. Tracks the 1982 resumption of international negotiations to protect the ozone layer after two further unsuccessful attempts. Follows the progression of these negotiations, and their interactions with domestic policy and corporate strategy, over five years: three years of stagnation leading to the 1985 Vienna Convention, followed by two years of rapid progress culminating in the 1987 Montreal Protocol — the first international agreement on concrete measures to reduce human contribution to ozone depletion.Less
Domestic and international policy‐making on protection of the ozone layer are examined from 1980 to 1987. Tracks the 1982 resumption of international negotiations to protect the ozone layer after two further unsuccessful attempts. Follows the progression of these negotiations, and their interactions with domestic policy and corporate strategy, over five years: three years of stagnation leading to the 1985 Vienna Convention, followed by two years of rapid progress culminating in the 1987 Montreal Protocol — the first international agreement on concrete measures to reduce human contribution to ozone depletion.
Edward D. Mansfield and Helen V. Milner
- Published in print:
- 2012
- Published Online:
- October 2017
- ISBN:
- 9780691135298
- eISBN:
- 9781400842537
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691135298.003.0006
- Subject:
- Political Science, International Relations and Politics
This chapter summarizes the key findings and discusses the implications of the results for the study of international relations and international trade. It argues that that the decision to enter a ...
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This chapter summarizes the key findings and discusses the implications of the results for the study of international relations and international trade. It argues that that the decision to enter a preferential trading arrangement (PTA) owes much to domestic politics. Although there are other sources of trade agreements, the domestic political factors uncovered in this study have been vastly neglected. Moreover, the linkages between domestic politics and international institutions, like PTAs, have been underappreciated. Political leaders are highly attuned to their domestic political situation; they take few actions without considering the consequences for domestic politics and their longevity in office. Combining an understanding of their domestic political calculations and their foreign policy behavior may better illuminate the sources of their actions.Less
This chapter summarizes the key findings and discusses the implications of the results for the study of international relations and international trade. It argues that that the decision to enter a preferential trading arrangement (PTA) owes much to domestic politics. Although there are other sources of trade agreements, the domestic political factors uncovered in this study have been vastly neglected. Moreover, the linkages between domestic politics and international institutions, like PTAs, have been underappreciated. Political leaders are highly attuned to their domestic political situation; they take few actions without considering the consequences for domestic politics and their longevity in office. Combining an understanding of their domestic political calculations and their foreign policy behavior may better illuminate the sources of their actions.
Edward A. Parson
- Published in print:
- 2003
- Published Online:
- November 2003
- ISBN:
- 9780195155495
- eISBN:
- 9780199833955
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195155491.003.0009
- Subject:
- Political Science, American Politics
The history of the ozone issue falls into three broad periods: a decade of deadlock from 1975 to 1985, despite repeated attempts to develop international cooperation; a rapid burst of ozone ...
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The history of the ozone issue falls into three broad periods: a decade of deadlock from 1975 to 1985, despite repeated attempts to develop international cooperation; a rapid burst of ozone protection regime formation from 1986 to 1988, which produced the first agreement on concrete actions and most elements of the subsequent regime; and the period since 1989, which has been one of sustained progress in the elaboration and repeated adaptation of the regime's core control measures. These three distinct phases of the issue pose three explanatory challenges: explaining the dramatic transition from sustained deadlock by which the regime was established; explaining the persistent deadlock that preceded this transition; and explaining the sustained progress in building and adapting the regime that followed it. These are examined, stressing two types of processes: interactions between scientific assessments and the rhetorical use of scientific claims about environmental risk to support policy action or delay; and interactions between the setting and revision of regulatory targets, the assessment of technologies available to pursue the targets by reducing chemical usage, and the strategic responses of private industry. Some of the theoretical arguments advanced are then recast in practical terms to propose a set of lessons that the ozone issue may hold for other issues. The final section discusses limitations of the ozone regime.Less
The history of the ozone issue falls into three broad periods: a decade of deadlock from 1975 to 1985, despite repeated attempts to develop international cooperation; a rapid burst of ozone protection regime formation from 1986 to 1988, which produced the first agreement on concrete actions and most elements of the subsequent regime; and the period since 1989, which has been one of sustained progress in the elaboration and repeated adaptation of the regime's core control measures. These three distinct phases of the issue pose three explanatory challenges: explaining the dramatic transition from sustained deadlock by which the regime was established; explaining the persistent deadlock that preceded this transition; and explaining the sustained progress in building and adapting the regime that followed it. These are examined, stressing two types of processes: interactions between scientific assessments and the rhetorical use of scientific claims about environmental risk to support policy action or delay; and interactions between the setting and revision of regulatory targets, the assessment of technologies available to pursue the targets by reducing chemical usage, and the strategic responses of private industry. Some of the theoretical arguments advanced are then recast in practical terms to propose a set of lessons that the ozone issue may hold for other issues. The final section discusses limitations of the ozone regime.
Edward D. Mansfield and Helen V. Milner
- Published in print:
- 2012
- Published Online:
- October 2017
- ISBN:
- 9780691135298
- eISBN:
- 9781400842537
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691135298.003.0002
- Subject:
- Political Science, International Relations and Politics
This chapter presents a theory of the domestic political conditions that lead countries to enter into formal trade agreements. More specifically, it attempts to explain the establishment of ...
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This chapter presents a theory of the domestic political conditions that lead countries to enter into formal trade agreements. More specifically, it attempts to explain the establishment of preferential trading arrangements (PTAs), institutions in which member-states reciprocally lower their trade barriers on each other's products and thereby grant each member preferential market access. The focus is on why and when countries have chosen to enter such agreements, understanding that there is substantial variability in the spread of PTAs over time and the countries that join them. Why have some countries joined many PTAs, while others have joined very few, and what explains the timing of PTA formation? The chapter first presents a rationalist theory of domestic politics to explain the pattern of PTAs. It then develops seven auxiliary hypotheses that follow from the logic of the present model to further explore the model's implications.Less
This chapter presents a theory of the domestic political conditions that lead countries to enter into formal trade agreements. More specifically, it attempts to explain the establishment of preferential trading arrangements (PTAs), institutions in which member-states reciprocally lower their trade barriers on each other's products and thereby grant each member preferential market access. The focus is on why and when countries have chosen to enter such agreements, understanding that there is substantial variability in the spread of PTAs over time and the countries that join them. Why have some countries joined many PTAs, while others have joined very few, and what explains the timing of PTA formation? The chapter first presents a rationalist theory of domestic politics to explain the pattern of PTAs. It then develops seven auxiliary hypotheses that follow from the logic of the present model to further explore the model's implications.
Peter Muchlinski
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780195388534
- eISBN:
- 9780199855322
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195388534.003.0002
- Subject:
- Law, Public International Law
This chapter presents an overview of the most common provisions found in International Investment Agreements (IIAs), focusing on bilateral investment treaties (BITs), as they represent the most ...
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This chapter presents an overview of the most common provisions found in International Investment Agreements (IIAs), focusing on bilateral investment treaties (BITs), as they represent the most common type of IIA. These provisions include the preamble, provisions defining the scope of application of the treaty, standards of treatment, and dispute settlement clauses.Less
This chapter presents an overview of the most common provisions found in International Investment Agreements (IIAs), focusing on bilateral investment treaties (BITs), as they represent the most common type of IIA. These provisions include the preamble, provisions defining the scope of application of the treaty, standards of treatment, and dispute settlement clauses.
Thomas Babor, Harold Holder, Raul Caetano, Ross Homel, Sally Casswell, Michael Livingston, Griffith Edwards, Esa Österberg, Norman Giesbrecht, Jürgen Rehm, Kathryn Graham, Robin Room, Joel Grube, Ingeborg Rossow, and Linda Hill
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199551149
- eISBN:
- 9780191720642
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199551149.003.006
- Subject:
- Public Health and Epidemiology, Public Health, Epidemiology
In recent decades the operating assumption in international agreements has been to treat alcoholic beverages as ordinary commodities like bread and milk or coffee and tea. In a world of increasing ...
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In recent decades the operating assumption in international agreements has been to treat alcoholic beverages as ordinary commodities like bread and milk or coffee and tea. In a world of increasing international trade and globalization of the alcohol industry, this has meant that national and local alcohol control policies have increasingly come under pressure because of decisions at the international level. This chapter describes how these pressures have arisen and how they affect national and local alcohol policies and the prospects for alcohol control at the international level. It is argued that the current situation in international trade and market regimes can be changed by purposive action in the interests of public health and social welfare. Much of the material on which this chapter is based comes from the European Union (EU), but the lessons learned from the European countries are relevant to other parts of the world as well. To deal with the burden of illness resulting from alcohol, and to counter the view that alcohol is an ordinary commodity, public health organizations have begun to formulate strategies and interventions that can be used by governments to protect the health of their populations. The final part of the chapter discusses the role of the World Health Organization in providing a broader perspective on the international context of alcohol policies.Less
In recent decades the operating assumption in international agreements has been to treat alcoholic beverages as ordinary commodities like bread and milk or coffee and tea. In a world of increasing international trade and globalization of the alcohol industry, this has meant that national and local alcohol control policies have increasingly come under pressure because of decisions at the international level. This chapter describes how these pressures have arisen and how they affect national and local alcohol policies and the prospects for alcohol control at the international level. It is argued that the current situation in international trade and market regimes can be changed by purposive action in the interests of public health and social welfare. Much of the material on which this chapter is based comes from the European Union (EU), but the lessons learned from the European countries are relevant to other parts of the world as well. To deal with the burden of illness resulting from alcohol, and to counter the view that alcohol is an ordinary commodity, public health organizations have begun to formulate strategies and interventions that can be used by governments to protect the health of their populations. The final part of the chapter discusses the role of the World Health Organization in providing a broader perspective on the international context of alcohol policies.
JACQUES H. J. BOURGEOIS
- Published in print:
- 2001
- Published Online:
- January 2010
- ISBN:
- 9780199248124
- eISBN:
- 9780191714863
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199248124.003.0004
- Subject:
- Law, EU Law
This chapter examines why the World Trade Organisation, as an international organisation, and the various Agreements that form an integral part of the Agreement establishing the WTO, raise problems ...
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This chapter examines why the World Trade Organisation, as an international organisation, and the various Agreements that form an integral part of the Agreement establishing the WTO, raise problems and present challenges for the European Court of Justice (ECJ) of the European Community (EC). It analyses whether the issues of the status of WTO law in the EC legal system and of the judicial enforcement of WTO law in that system, have aspects that set them apart from the same issues as they raise or rather do not raise in other jurisdictions. Generally speaking, the EC's specific challenges and problems for the ECJ are related on the one hand to the status of the EC in the WTO and on the other to the ECJ's jurisdiction as it is organised by the EC Treaty. The status of international agreements such as the General Agreement on Tariffs and Trade (GATT) in the EC legal system and the status of the WTO in the EC legal system are discussed, along with the relationship between international law and the EC law.Less
This chapter examines why the World Trade Organisation, as an international organisation, and the various Agreements that form an integral part of the Agreement establishing the WTO, raise problems and present challenges for the European Court of Justice (ECJ) of the European Community (EC). It analyses whether the issues of the status of WTO law in the EC legal system and of the judicial enforcement of WTO law in that system, have aspects that set them apart from the same issues as they raise or rather do not raise in other jurisdictions. Generally speaking, the EC's specific challenges and problems for the ECJ are related on the one hand to the status of the EC in the WTO and on the other to the ECJ's jurisdiction as it is organised by the EC Treaty. The status of international agreements such as the General Agreement on Tariffs and Trade (GATT) in the EC legal system and the status of the WTO in the EC legal system are discussed, along with the relationship between international law and the EC law.
Edward D. Mansfield and Helen V. Milner
- Published in print:
- 2012
- Published Online:
- October 2017
- ISBN:
- 9780691135298
- eISBN:
- 9781400842537
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691135298.003.0001
- Subject:
- Political Science, International Relations and Politics
This introductory chapter begins with a discussion of what preferential trading arrangements (PTAs) are and why they are important. It covers the economic effects of PTAs, political and security ...
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This introductory chapter begins with a discussion of what preferential trading arrangements (PTAs) are and why they are important. It covers the economic effects of PTAs, political and security effects of PTAs, PTAs in historical perspective, and the effects of domestic politics on PTAs. It then sets out the book's central argument, that trade agreements are often motivated by domestic political conditions. The book seeks to explain why leaders choose to enter these agreements. The next section discusses how the present analysis of the domestic sources of PTA formation bears on a host of important theoretical issues in the fields of international relations and political economy. An overview of the subsequent chapters is also presented.Less
This introductory chapter begins with a discussion of what preferential trading arrangements (PTAs) are and why they are important. It covers the economic effects of PTAs, political and security effects of PTAs, PTAs in historical perspective, and the effects of domestic politics on PTAs. It then sets out the book's central argument, that trade agreements are often motivated by domestic political conditions. The book seeks to explain why leaders choose to enter these agreements. The next section discusses how the present analysis of the domestic sources of PTA formation bears on a host of important theoretical issues in the fields of international relations and political economy. An overview of the subsequent chapters is also presented.
Piet Eeckhout
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199606634
- eISBN:
- 9780191729560
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199606634.003.0008
- Subject:
- Law, EU Law
This chapter examines the position of international agreements under the main heads of the jurisdiction of the EU's courts: in the first place the Court of Justice and the General Court, but also, in ...
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This chapter examines the position of international agreements under the main heads of the jurisdiction of the EU's courts: in the first place the Court of Justice and the General Court, but also, in particular as regards questions of interpretation or validity of EU law, and courts at the level of the Member States. The following types of jurisdiction are considered. First, before an agreement is concluded it may form the subject of a request for an Opinion by the Court of Justice as to its compatibility with the Treaties (Article 218(11) TFEU). Secondly, once an agreement is concluded and has entered into force, the interpretation of its provisions may form the subject of a question for a preliminary ruling by the Court of Justice (Article 267 TFEU). Thirdly, an agreement may be relied upon to challenge the legality (or validity) of an act of an institution, in a direct action for annulment (Article 263 TFEU), or again in a question for a preliminary ruling. Fourthly, a party may invoke breach of the provisions of an international agreement in the context of a claim concerning the EU's non-contractual liability (Articles 268 and 340 TFEU). Fifthly, the Commission (or a Member State) may rely upon an agreement concluded by the EU in an enforcement action against a Member State (Article 258 TFEU). The chapter then goes on to consider some issues of interpretative approach as regards provisions of international agreements.Less
This chapter examines the position of international agreements under the main heads of the jurisdiction of the EU's courts: in the first place the Court of Justice and the General Court, but also, in particular as regards questions of interpretation or validity of EU law, and courts at the level of the Member States. The following types of jurisdiction are considered. First, before an agreement is concluded it may form the subject of a request for an Opinion by the Court of Justice as to its compatibility with the Treaties (Article 218(11) TFEU). Secondly, once an agreement is concluded and has entered into force, the interpretation of its provisions may form the subject of a question for a preliminary ruling by the Court of Justice (Article 267 TFEU). Thirdly, an agreement may be relied upon to challenge the legality (or validity) of an act of an institution, in a direct action for annulment (Article 263 TFEU), or again in a question for a preliminary ruling. Fourthly, a party may invoke breach of the provisions of an international agreement in the context of a claim concerning the EU's non-contractual liability (Articles 268 and 340 TFEU). Fifthly, the Commission (or a Member State) may rely upon an agreement concluded by the EU in an enforcement action against a Member State (Article 258 TFEU). The chapter then goes on to consider some issues of interpretative approach as regards provisions of international agreements.
Edward A. Parson
- Published in print:
- 2003
- Published Online:
- November 2003
- ISBN:
- 9780195155495
- eISBN:
- 9780199833955
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195155491.003.0008
- Subject:
- Political Science, American Politics
Reintegrates the discussions of science, technology, and policy to examine how the ozone protection regime has adapted since its formation. Discusses the linked processes of negotiation, assessment, ...
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Reintegrates the discussions of science, technology, and policy to examine how the ozone protection regime has adapted since its formation. Discusses the linked processes of negotiation, assessment, and technological innovation that allowed the Montreal Protocol of 1987 to adapt repeatedly to new scientific knowledge and new technological capabilities, by strengthening and extending its control measures four times (1989–1990, 1991–1992, 1992–1995, 1995–1999). Finally, a brief assessment is made of the status of the regime at the end of the 1990s, including a review of several significant implementation problems.Less
Reintegrates the discussions of science, technology, and policy to examine how the ozone protection regime has adapted since its formation. Discusses the linked processes of negotiation, assessment, and technological innovation that allowed the Montreal Protocol of 1987 to adapt repeatedly to new scientific knowledge and new technological capabilities, by strengthening and extending its control measures four times (1989–1990, 1991–1992, 1992–1995, 1995–1999). Finally, a brief assessment is made of the status of the regime at the end of the 1990s, including a review of several significant implementation problems.
Piet Eeckhout
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199606634
- eISBN:
- 9780191729560
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199606634.001.0001
- Subject:
- Law, EU Law
The law of the external relations of the European Union is a subject of great importance. The EU institutions have developed an extensive practice in this area, by concluding many international ...
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The law of the external relations of the European Union is a subject of great importance. The EU institutions have developed an extensive practice in this area, by concluding many international agreements, by participating in the work of international organizations, and by legislating and regulating on matters of external relations. It is a practice giving rise to many legal problems and questions, as evidenced by the substantial and fast expanding body of case law in this area from the EU Courts. These problems and questions are often of constitutional significance, and the external relations law of the EU therefore occupies an important place in the overall constitutional and institutional development of the EU. This book examines the legal foundations of the EU's external relations. It focuses on the EU's external competences and objectives; on the instruments, principles, and actors of external policies; and on the legal effects of international agreements and international law. It analyses a number of key external policies, particularly in the fields of trade and foreign policy.Less
The law of the external relations of the European Union is a subject of great importance. The EU institutions have developed an extensive practice in this area, by concluding many international agreements, by participating in the work of international organizations, and by legislating and regulating on matters of external relations. It is a practice giving rise to many legal problems and questions, as evidenced by the substantial and fast expanding body of case law in this area from the EU Courts. These problems and questions are often of constitutional significance, and the external relations law of the EU therefore occupies an important place in the overall constitutional and institutional development of the EU. This book examines the legal foundations of the EU's external relations. It focuses on the EU's external competences and objectives; on the instruments, principles, and actors of external policies; and on the legal effects of international agreements and international law. It analyses a number of key external policies, particularly in the fields of trade and foreign policy.
Angelos Dimopoulos
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199698608
- eISBN:
- 9780191732140
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199698608.003.0004
- Subject:
- Law, EU Law, Competition Law
Chapter 3 is dedicated to the exercise of EU competence in practice. The first part provides a depiction of the internal procedures for the conclusion of an International Investment Agreement (IIA) ...
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Chapter 3 is dedicated to the exercise of EU competence in practice. The first part provides a depiction of the internal procedures for the conclusion of an International Investment Agreement (IIA) by the EU. The second and more important part of Chapter 3 discusses the content of EU IIAs, identifying and analyzing their substantive provisions with regard to each aspect of foreign investment. It concentrates on the innovations that existing and future EU IIAs have brought and intend to bring to international investment law in comparison to Bilateral Investment Treaties concluded by Member States and other countries, highlighting the differences and novelties of EU IIAs in terms of their content.Less
Chapter 3 is dedicated to the exercise of EU competence in practice. The first part provides a depiction of the internal procedures for the conclusion of an International Investment Agreement (IIA) by the EU. The second and more important part of Chapter 3 discusses the content of EU IIAs, identifying and analyzing their substantive provisions with regard to each aspect of foreign investment. It concentrates on the innovations that existing and future EU IIAs have brought and intend to bring to international investment law in comparison to Bilateral Investment Treaties concluded by Member States and other countries, highlighting the differences and novelties of EU IIAs in terms of their content.
Christine Bell
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199226832
- eISBN:
- 9780191710261
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199226832.003.0007
- Subject:
- Law, Public International Law
This chapter deals further with the technical difficulties of legal classification, and begins to demonstrate how a simple choice between a law and a nonlaw form of agreement does not exist in the ...
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This chapter deals further with the technical difficulties of legal classification, and begins to demonstrate how a simple choice between a law and a nonlaw form of agreement does not exist in the peace agreement context. Rather, opting for legal form for peace agreements in intrastate conflict involves sacrificing a correlation between the parties to the written agreement and the parties to the underlying ‘agreement’. The chapter analyses whether the difficulty of finding a legal form for peace agreements matters to their implementation, or is a purely academic matter.Less
This chapter deals further with the technical difficulties of legal classification, and begins to demonstrate how a simple choice between a law and a nonlaw form of agreement does not exist in the peace agreement context. Rather, opting for legal form for peace agreements in intrastate conflict involves sacrificing a correlation between the parties to the written agreement and the parties to the underlying ‘agreement’. The chapter analyses whether the difficulty of finding a legal form for peace agreements matters to their implementation, or is a purely academic matter.
Edward A. Parson
- Published in print:
- 2003
- Published Online:
- November 2003
- ISBN:
- 9780195155495
- eISBN:
- 9780199833955
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195155491.001.0001
- Subject:
- Political Science, American Politics
Offers the first comprehensive history of international efforts to protect the ozone layer by abandoning the use of chlorofluorohydrocarbons (CFCs), and underlines that this is the greatest success ...
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Offers the first comprehensive history of international efforts to protect the ozone layer by abandoning the use of chlorofluorohydrocarbons (CFCs), and underlines that this is the greatest success yet achieved in managing human impacts on the global environment. The arguments advanced to explain how this success was achieved are theoretically novel and of great significance for the management of other global problems, particularly global climate change. An account is provided of ozone‐depletion issues from the first attempts to develop international action in the 1970s to the mature functioning of the present international ozone protection regime. Examines the parallel developments of politics and negotiations, scientific understanding and controversy, technological progress, and industry strategy that shaped the issue's development and its effective management. Important new insights are offered into how the interactions among these domains influenced the formation and adaptation of the ozone protection regime. In addressing the initial formation of the regime, the book argues that authoritative scientific assessments were crucial in constraining policy debates, and shaping negotiated agreements. Assessments gave scientific claims an ability to change policy actors’ behaviour that the claims themselves, however well known and verified, lacked. Concerning subsequent adaptation of the regime, the book identifies a series of feedbacks between the periodic revision of chemical controls and the strategic responses of affected industries, which drove rapid application of new approaches to reduce ozone‐depicting chemicals. These feedbacks, promoted by the regime's novel technology assessment process, allowed worldwide use of the CFCs to decline further and faster than even the boldest predictions — by nearly 95%t within ten years.Less
Offers the first comprehensive history of international efforts to protect the ozone layer by abandoning the use of chlorofluorohydrocarbons (CFCs), and underlines that this is the greatest success yet achieved in managing human impacts on the global environment. The arguments advanced to explain how this success was achieved are theoretically novel and of great significance for the management of other global problems, particularly global climate change. An account is provided of ozone‐depletion issues from the first attempts to develop international action in the 1970s to the mature functioning of the present international ozone protection regime. Examines the parallel developments of politics and negotiations, scientific understanding and controversy, technological progress, and industry strategy that shaped the issue's development and its effective management. Important new insights are offered into how the interactions among these domains influenced the formation and adaptation of the ozone protection regime. In addressing the initial formation of the regime, the book argues that authoritative scientific assessments were crucial in constraining policy debates, and shaping negotiated agreements. Assessments gave scientific claims an ability to change policy actors’ behaviour that the claims themselves, however well known and verified, lacked. Concerning subsequent adaptation of the regime, the book identifies a series of feedbacks between the periodic revision of chemical controls and the strategic responses of affected industries, which drove rapid application of new approaches to reduce ozone‐depicting chemicals. These feedbacks, promoted by the regime's novel technology assessment process, allowed worldwide use of the CFCs to decline further and faster than even the boldest predictions — by nearly 95%t within ten years.
Charles D. Kolstad
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199692873
- eISBN:
- 9780191738371
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199692873.003.0005
- Subject:
- Economics and Finance, Development, Growth, and Environmental
The literature on the economics of international environmental agreements has been developing for two decades. Some significant progress has been made. But some simple and fundamental questions ...
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The literature on the economics of international environmental agreements has been developing for two decades. Some significant progress has been made. But some simple and fundamental questions remain unanswered, such as the Schelling Paradox of why intertemporal environmental agreements that benefit the developing world should be easier to achieve than agreements on development assistance involving no intertemporal dimensions. This chapter provides a general review of what the literature on the economics of international environmental agreements has taught us and what the implications are of that literature for the actual world of environmental agreements. Four possible anomalies are identified between the theory of international agreements and empirical evidence. (1) Why do individual countries appear to be willing to act unilaterally, when that is not individually rational in the standard sense? (2) Why is country income ignored in theory whereas it is a dominant issue in the ‘real world’. (3) Why does theory predict more free‐riding than one finds in experimental work or even casual empiricism of actual experience with treaties? (4) Why do increases in the benefit–cost ratio for abatement tends to decrease agreement size in theory but have the opposite effect in experiments. The chapter suggests that social preferences may offer a way of bringing theory and empirics closer together for the case of international environmental agreements.Less
The literature on the economics of international environmental agreements has been developing for two decades. Some significant progress has been made. But some simple and fundamental questions remain unanswered, such as the Schelling Paradox of why intertemporal environmental agreements that benefit the developing world should be easier to achieve than agreements on development assistance involving no intertemporal dimensions. This chapter provides a general review of what the literature on the economics of international environmental agreements has taught us and what the implications are of that literature for the actual world of environmental agreements. Four possible anomalies are identified between the theory of international agreements and empirical evidence. (1) Why do individual countries appear to be willing to act unilaterally, when that is not individually rational in the standard sense? (2) Why is country income ignored in theory whereas it is a dominant issue in the ‘real world’. (3) Why does theory predict more free‐riding than one finds in experimental work or even casual empiricism of actual experience with treaties? (4) Why do increases in the benefit–cost ratio for abatement tends to decrease agreement size in theory but have the opposite effect in experiments. The chapter suggests that social preferences may offer a way of bringing theory and empirics closer together for the case of international environmental agreements.
Stefan Voigt
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199658589
- eISBN:
- 9780191742248
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199658589.003.0005
- Subject:
- Law, Public International Law
Offering a law and economics perspective, this chapter uses the database of US ‘international agreements’ (defined in the US Case Act as legally binding agreements other than ‘treaties’ in the sense ...
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Offering a law and economics perspective, this chapter uses the database of US ‘international agreements’ (defined in the US Case Act as legally binding agreements other than ‘treaties’ in the sense of Article II:2 of the US Constitution) to analyse to what extent we can see an increase of informality away from formal treaties (in the sense of the US Constitution) to international agreements (who remain binding under international law but do not require advice and consent by the US Senate by a two-thirds majority). More broadly, the chapter analyses from an economic perspective, the choice between formal and informal international lawmaking (IN-LAW) by a traditional actor: the State. It is argued that the emerging picture is at best mixed. Informality differs over time and largely depends on the subject area.Less
Offering a law and economics perspective, this chapter uses the database of US ‘international agreements’ (defined in the US Case Act as legally binding agreements other than ‘treaties’ in the sense of Article II:2 of the US Constitution) to analyse to what extent we can see an increase of informality away from formal treaties (in the sense of the US Constitution) to international agreements (who remain binding under international law but do not require advice and consent by the US Senate by a two-thirds majority). More broadly, the chapter analyses from an economic perspective, the choice between formal and informal international lawmaking (IN-LAW) by a traditional actor: the State. It is argued that the emerging picture is at best mixed. Informality differs over time and largely depends on the subject area.
Edward D. Mansfield and Helen V. Milner
- Published in print:
- 2012
- Published Online:
- October 2017
- ISBN:
- 9780691135298
- eISBN:
- 9781400842537
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691135298.003.0005
- Subject:
- Political Science, International Relations and Politics
This chapter examines three auxiliary hypotheses that flow from the main argument. First, in countries with more veto players it is less likely that political leaders will be able to form deeper ...
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This chapter examines three auxiliary hypotheses that flow from the main argument. First, in countries with more veto players it is less likely that political leaders will be able to form deeper integration agreements. As trade agreements become more constraining, they will prompt greater resistance from more groups. Hence, countries marked by a large number of veto players are unlikely to accede to agreements that aim to achieve more extensive integration. Second, in the same vein, political leaders are also unlikely to enter preferential trading arrangements that include more constraints, such as a dispute settlement mechanism. Finally, in countries with more veto players, we expect greater delays between signing and ratifying agreements. As the number of veto players rises, so does the time needed for the government to convince these groups of the agreement's value and to design ways of compensating those that will be harmed by it.Less
This chapter examines three auxiliary hypotheses that flow from the main argument. First, in countries with more veto players it is less likely that political leaders will be able to form deeper integration agreements. As trade agreements become more constraining, they will prompt greater resistance from more groups. Hence, countries marked by a large number of veto players are unlikely to accede to agreements that aim to achieve more extensive integration. Second, in the same vein, political leaders are also unlikely to enter preferential trading arrangements that include more constraints, such as a dispute settlement mechanism. Finally, in countries with more veto players, we expect greater delays between signing and ratifying agreements. As the number of veto players rises, so does the time needed for the government to convince these groups of the agreement's value and to design ways of compensating those that will be harmed by it.
