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1
SANTOS, NORMA BREDA DOS. « Latin American countries and the establishment of the multilateral trading system : the Havana Conference (1947-1948) ». Revista de Economia Política 36, no 2 (juin 2016) : 309–29. http://dx.doi.org/10.1590/0101-31572015v36n02a04.
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ABSTRACT This article proposes to study the participation of Latin American delegations during the Havana Conference, which negotiated and approved the Charter of International Trade Organization (ITO), including the General Agreement on Tariffs and Trade (GATT), in 1947-1948. It shows that the prevalent understanding of Latin American countries was that the Havana negotiations would be the outcome of their existing political and material power asymmetries in relation to the industrialized countries. They believed that their fragile economies should face the strong economies of the industrialized countries by economic planning and import substitution, already in place in several Latin American countries since the 1930s and the 1940s. The article also shows that the construction of the post-World War II international trade regime was in fact characterized by strong material and political inequalities, which undermined Latin American countries abilities to negotiate.
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Toye, Richard. « Developing Multilateralism : The Havana Charter and the Fight for the International Trade Organization, 1947–1948 ». International History Review 25, no 2 (juin 2003) : 282–305. http://dx.doi.org/10.1080/07075332.2003.9640997.
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CHASE, KERRY. « Multilateralism compromised : the mysterious origins of GATT Article XXIV ». World Trade Review 5, no 1 (26 janvier 2006) : 1–30. http://dx.doi.org/10.1017/s1474745605002624.
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The GATT treaty's loophole for free trade areas in Article XXIV has puzzled and deceived prominent scholars, who trace its postwar origins to US aspirations to promote European integration and efforts to persuade developing countries to endorse the Havana Charter. Drawing from archival records, this article shows that in fact US policymakers crafted the controversial provisions of Article XXIV to accommodate a trade treaty they had secretly reached with Canada. As a result, the free trade area exemption was embedded in the GATT–WTO regime, even though neither the Havana Charter nor the US–Canada free trade agreement was ever ratified. Theoretically, the case is an important example of how Cold War exigencies altered the policy ideas of US officials.
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Ciampi, Annalisa. « The Divide Between Human Rights, International Trade, Investment and Development Law ». Volume 61 · 2018 61, no 1 (20 juin 2019) : 251–93. http://dx.doi.org/10.3790/gyil.61.1.251.
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This article comprehensively reconstructs the historical developments that have led to the particular evolution of human rights law as distinct from international trade and investment law as well as international development law. It submits that one of the causes of the current crisis of the international human rights regime lies in its relative isolation from these other domains of global governance. It thus argues for the desirability to overcome such a separation and examines prospects of feasibility. China’s new international human rights diplomacy is critically assessed amongst current efforts to bridge normative and institutional divides that could pave the way for human rights-coherent economic and development policies. Keywords: Human Rights, Havana Charter, New International Economic Order, WTO, International Investment Law, Sustainable Development, China’s Human Right Diplomacy
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Petersmann, Ernst-Ulrick. « How to Reform the UN System ? Constitutionalism, International Law, and International Organizations ». Leiden Journal of International Law 10, no 3 (septembre 1997) : 421–74. http://dx.doi.org/10.1017/s0922156597000332.
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The UN system requires far-reaching changes so as to achieve the objectives of the UN Charter (e.g. with regard to human rights and maintenance of peace) more effectively. European integration law suggests that ‘international constitutionalism’ offers the most effective approach for strengthening the rule of law and peaceful cooperation among democracies. Section 2 outlines basic principles for a constitutional theory of international law. Section 3 discusses the difficulties of ‘constitutionalizing’ the state-centered and power-oriented concepts of the UN Charter. Section 4 explains why the successful Uruguay Round strategy for replacing the old GATT 1947 by the new World Trade Organization (WTO) – notably the ‘package deal negotiations’, the incorporation of other worldwide treaties into WTO law and the mandatory WTO dispute settlement and enforcement systems – offer important lessons for the needed reforms of the UN Charter.
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Yakovleva, Svetlana. « Personal Data Transfers in International Trade and EU Law : A Tale of Two ‘Necessities’ ». Journal of World Investment & ; Trade 21, no 6 (11 septembre 2020) : 881–919. http://dx.doi.org/10.1163/22119000-12340189.
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Abstract Cross-border flows of personal data have become essential for international trade. European Union (EU) law restricts transfers of personal data to a degree that is arguably beyond what is permitted under the EU’s World Trade Organization commitments. These restrictions may be justified under trade law’s ‘necessity test.’ The article suggests that they may not pass this test. Yet, from an EU law perspective, the right to the protection of personal data is a fundamental right. An international transfer of personal data constitutes a derogation from this right and, therefore, must be consistent with another necessity test, the ‘strict necessity’ test of the derogation clause of the EU Charter of Fundamental Rights. This article shows how a simultaneous application of the trade law and EU Charter ‘necessities’ to EU restrictions on transfers of personal data creates a catch-22 situation and sketches the ways out of this compliance deadlock.
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Koesrianti, Koesrianti. « Rule-based Dispute Settlement Mechanism for ASEAN Economic Community : Does ASEAN Have It ? » Hasanuddin Law Review 1, no 2 (30 août 2016) : 182. http://dx.doi.org/10.20956/halrev.v1i2.303.
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ASEAN Charter 2007 as ‘constitution’ of ASEAN aims to establish ASEAN Community (AC) in 2015 that ASEAN constitutes as a rule-based organization. ASEAN Community consists of three pillars, namely, ASEAN Political Security Community (APSC), ASEAN Economic Community (AEC), and ASEAN Socio Cultural Community (ASCC). AEC will posses as the lead for the Communities. The objective of AEC is to form a single market and production base with some priority sectors. Accordingly, many economic regional organizations provide Dispute Settlement Mechanism (DSM) to resolve disputes that may arise among the member countries. The dispute mechanism aims to provide predictability and security in international trade by providing strict time-frames, and was designed to be mutually agreed by the disputing members, flexible and binding. ASEAN trade DSM is designed as a legalistic mechanism. This paper examines DSM in ASEAN, especially economic disputes in the context of international trade law. In doing so, this paper analyzes DSM provided in the ASEAN Charter by comparing to DSM in the WTO context.
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Koesrianti, Koesrianti. « Rule-based Dispute Settlement Mechanism for ASEAN Economic Community : Does ASEAN Have It ? » Hasanuddin Law Review 1, no 2 (30 août 2016) : 182. http://dx.doi.org/10.20956/halrev.v1n2.303.
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ASEAN Charter 2007 as ‘constitution’ of ASEAN aims to establish ASEAN Community (AC) in 2015 that ASEAN constitutes as a rule-based organization. ASEAN Community consists of three pillars, namely, ASEAN Political Security Community (APSC), ASEAN Economic Community (AEC), and ASEAN Socio Cultural Community (ASCC). AEC will posses as the lead for the Communities. The objective of AEC is to form a single market and production base with some priority sectors. Accordingly, many economic regional organizations provide Dispute Settlement Mechanism (DSM) to resolve disputes that may arise among the member countries. The dispute mechanism aims to provide predictability and security in international trade by providing strict time-frames, and was designed to be mutually agreed by the disputing members, flexible and binding. ASEAN trade DSM is designed as a legalistic mechanism. This paper examines DSM in ASEAN, especially economic disputes in the context of international trade law. In doing so, this paper analyzes DSM provided in the ASEAN Charter by comparing to DSM in the WTO context.
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Morris, Virginia, et M. Christiane Bourloyannis. « The Work of the Sixth Committee at the Forty-seventh Session of the UN General Assembly ». American Journal of International Law 87, no 2 (avril 1993) : 306–23. http://dx.doi.org/10.2307/2203826.
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At the forty-seventh session of the General Assembly, the Sixth Committee1reviewed the annual reports of the International Law Commission (ILC), the United Nations Commission on International Trade Law (UNCITRAL), the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (Charter Committee), and the Committee on Relations with the Host Country. The Sixth Committee also considered proposals for new legal instruments relating to some aspects of sovereign immunity, consular functions, the diplomatic courier and bag, and environmental protection in wartime; a proposal to request an advisory opinion from the International Court of Justice on questions relating to extraterritorial jurisdiction; and aspects of such other topics as national liberation movements, humanitarian law, protection of diplomats, and the United Nations Decade of International Law.
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Van der Borght, Kim. « Accession of the Russian Federation to the World Trade Organization : A New Player Joins the Trade Game ». Review of Central and East European Law 40, no 3-4 (15 décembre 2015) : 321–65. http://dx.doi.org/10.1163/15730352-04003006.
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To date, no country has taken longer to join the World Trade Organization than the Russian Federation despite the fact that the ussr (of which the Russian Federation is the legal successor) participated in the drafting conference of the Charter to the International Trade Organization, i.e., the original source of the rules of the General Agreement on Tariffs and Trade and the later wto. While the ussr never joined the ito, Russia finally joined the wto in 2012, eighteen years after its first application had been made. The reasons for the lengthy accession process were partially economic, as the wto was established to remove trade impediments; however, the context also was highly politicized. The economic aspects of the wto accession process are the concessions made to existing members. These entail removing the cover offered to domestic producers by opening up to international competition. This process also has political aspects, as domestic lobbies representing economic sectors likely to suffer from an increasingly competitive international environment seek compensation. The politicization is facilitated by a custom contra legem in wto decision-making procedures that gives a de facto veto to existing members. Georgia used this to reassert its position on South Osetiia and Abkhaziia. China brought a border dispute into the process, and the us entangled the process in a broad-ranging debate linked to human rights. In joining the wto, a dual process of domestic and international negotiations results in the final package of commitments to which an acceding member needs to agree as it joins the wto. Part of our focus in this article will be on key economic and political obligations that the Russian Federation took upon itself by becoming a member of the wto.
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Jaeger, Markus. « The Additional Protocol to the European Social Charter Providing for a System of Collective Complaints ». Leiden Journal of International Law 10, no 1 (mars 1997) : 69–80. http://dx.doi.org/10.1017/s0922156597000058.
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The European Social Charter (ESC) was signed in 1961 and has been in force since 1965. Protecting 19 fundamental rights, it was conceived as the counterpart, in the field of social and economic rights, to the European Convention on Human Rights. However, it was considered to have several shortcomings as a human right instrument, namely a slow, confusing and government-controlled monitoring mechanism as well as a list of protected rights that was incomplete. This last criticism was partly met by the Additional Protocol to the Charter of 1988, which guaranteed four additional rights. However, an informal Ministerial Conference on Human Rights held in Rome on 5 November 1990 acknowledged that one had to go further. The ministers invited the Committee of Ministers of the Council of Europe to take the necessary steps for a detailed study of the role, content, and operation of the European Social Charter with a view to giving it a new impetus. In response, the Committee of Ministers authorized the convening of an ad hoc committee, the Committee on the European Social Charter (the so-called “Charte-Rel Committee”). It was instructed to make proposals for improving the effectiveness of the Charter and, in particular, the functioning of its supervisory machinery. In carrying out its task, the Committee consulted the international representatives of management and labour, including the European Trade Union Confederation (ETUC) and the Union of the Confederations of Industry and Employers of Europe (UNICE), as well as the International Labour Organization (ILO) at all stage.
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Morris, Virginia, et M. Christiane Bourloyannis-Vrailas. « The Work of the Sixth Committee at the Fifty-First Session of the UN General Assembly ». American Journal of International Law 91, no 3 (juillet 1997) : 542–54. http://dx.doi.org/10.2307/2954191.
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At the fifty-first session of the General Assembly, the Sixth (Legal) Committee reviewed the annual reports of the International Law Commission (ILC), the United Nations Commission on International Trade Law (UNCITRAL), the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (Special Committee) and the Committee on Relations with the Host Country (Host Country Committee). The Sixth Committee also considered proposals for two new legal instruments relating to (1) the establishment of a permanent international criminal court, and (2) the non-navigational uses of international watercourses, as well as other topics concerning international terrorism, international humanitarian law, diplomatic and consular law, the United Nations internal justice system, the United Nations Decade of International Law (Decade) and the “New International Economic Order.” The topics are discussed in the order in which they were considered by the committee.
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Morris, Virginia, et M. Christiane Bourloyannis-Vrailas. « The Work of the Sixth Committee at the Forty-eighth Session of the UN General Assembly ». American Journal of International Law 88, no 2 (avril 1994) : 343–60. http://dx.doi.org/10.2307/2204106.
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At the forty-eighth session of the General Assembly, the Sixth (Legal) Committee reviewed the annual reports of the International Law Commission (ILC), the United Nations Commission on International Trade Law (UNCITRAL), the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (Special Committee), and the Committee on Relations with the Host Country (Host Country Committee). The Sixth Committee also considered proposals for two new legal instruments relating to (1) the jurisdictional immunities of states and their property, and (2) the safety and security of United Nations personnel. Other items covered by the committee included a proposal to request an advisory opinion from the International Court of Justice on questions regarding extraterritorial jurisdiction, as well as topics concerning international terrorism, economic relations, procedural aspects of the United Nations Administrative Tribunal and the United Nations Decade of International Law (Decade).
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Morris, Virginia, et M. Christiane Bourloyannis-Vrailas. « The Work of the Sixth Committee at the Fifty-Second Session of the UN General Assembly ». American Journal of International Law 92, no 3 (juillet 1998) : 568–76. http://dx.doi.org/10.2307/2997932.
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At the fifty-second session of the General Assembly, the Sixth (Legal) Committee reviewed the annual reports of the International Law Commission (ILC), the United Nations Commission on International Trade Law (UNCITRAL), the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (Special Committee) and the Committee on Relations with the Host Country (Host Country Committee). The Sixth Committee also considered proposals for three new legal instruments relating to (1) the establishment of a permanent international criminal court, (2) international terrorism and (3) jurisdictional immunities of states and their property, as well as other topics concerning the United Nations internal justice system, the United Nations Decade of International Law (Decade) and the United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law. The topics are discussed in the order in which they were considered by the committee.
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Acconci, Pia. « The Reaction to the Ebola Epidemic within the United Nations Framework : What Next for the World Health Organization ? » Max Planck Yearbook of United Nations Law Online 18, no 1 (2014) : 405–24. http://dx.doi.org/10.1163/18757413-00180014.
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The World Health Organization (who) was established in 1946 as a specialized agency of the United Nations (un). Since its establishment, the who has managed outbreaks of infectious diseases from a regulatory, as well as an operational perspective. The adoption of the International Health Regulations (ihrs) has been an important achievement from the former perspective. When the Ebola epidemic intensified in 2014, the who Director General issued temporary recommendations under the ihrs in order to reduce the spread of the disease and minimize cross-border barriers to international trade. The un Secretary General and then the Security Council and the General Assembly have also taken action against the Ebola epidemic. In particular, the Security Council adopted a resolution under Chapter vii of the un Charter, and thus connected the maintenance of the international peace and security to the health and social emergency. After dealing with the role of the who as a guide and coordinator of the reaction to epidemics, this article shows how the action by the Security Council against the Ebola epidemic impacts on the who ‘authority’ for the protection of health.
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Abdullaev, N. V. « Противодействие недобросовестной конкуренции в глобальной экономике ». Konfliktologia 13, no 3 (19 octobre 2018) : 61. http://dx.doi.org/10.31312/2310-6085-2018-13-3-61-70.
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In article author represents a wide range of unfair competition acts initiated by producers and sellers and addressed to competitors and consumers. Unfair competition practice has a long history and became widespread during the period of classic economic theory domination when traders has been given maximum rights in the conditions of free competition. This fact led states to necessity of regulation and prevention of unfair competition practice. First international law aimed to combat unfair competition was Paris Convention for the Protection of Industrial Property adopted in1883. Subsequently these rules were included to the charter of WTO and World International Property Organization. The most widespread forms of misleading such as discrediting competitors, violation of trade secrets, “free riding”, comparative and nuisance advertising, exploitation of fear, undue psychological pressure are represented in the article. Also corruption characterized as a main obstacle to development of fair competition in the world. Today in legal practice all possible acts of unfair competition are represented so that law is developed to combat it. On international level effective law system is developed as a complex of criminal, tax, employment, arbitration and contract branches of law. In conclusion, the author appoints that global economy has a trend enforced to develop unified global law system focused on combating unfair competition practice in international trade.
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Chukreyev, Andrey A. « REGIONAL ECONOMIC INTERACTION WITHIN THE SHANGHAI COOPERATION ORGANIZATION : FORMATION OF LEGAL BASIS ». Tyumen State University Herald. Social, Economic, and Law Research 7, no 2 (2021) : 89–105. http://dx.doi.org/10.21684/2411-7897-2021-7-2-89-105.
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This year marks the 20th anniversary of the establishment of the Shanghai Cooperation Organization. From the first years of its existence, this international organization has set the sustainable development of the national economies of its members as one of its goals. Such development requires an appropriate legal basis. Economic interaction in the analyzed international organization covers such spheres as trade and investment, transport, energy, agriculture and many others. The subject of this study is the legal basis for economic interaction within the Shanghai Cooperation Organization (SCO). The purpose of the study is to analyze the main components of the specified legal framework, the stages of the emergence and formation of the latter, as well as the problems and prospects of its development. Both general and specific scientific methods of cognition were used: formal logical, systemic, formal legal, historical legal and comparative legal methods. At the current stage, it should be noted that there is a relatively small volume of the legal basis for economic interaction within the SCO, with the prevalence of international “soft law” norms in its structure. This is primarily characteristic of the “economic constitution” of this organization, that is, for the provisions of the economic content of its three fundamental acts — the Declaration on the Establishment of SCO 2001, the Charter of SCO 2002, and the Treaty on Long-Term Good Neighbourliness, Friendship and Cooperation between the of SCO Member States 2007. In order to ensure security and sustainable development, the participating countries of the international organization under consideration should continue to build up economic interaction, expanding and improving the regulatory framework for this. An important area of work in this direction should be, in particular, the gradual convergence (unification, harmonization) of national law in the economic sphere of the SCO member states.
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Pinchis-Paulsen, Mona. « Trade Multilateralism and U.S. National Security : The Making of the GATT Security Exceptions ». Michigan Journal of International Law, no 41.1 (2020) : 109. http://dx.doi.org/10.36642/mjil.41.1.trade.
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Today, there are an unprecedented number of disputes at the World Trade Organization (“WTO”) involving national security. The dramatic rise in trade disputes involving national security has resuscitated debate over the degree of discretion afforded to WTO Members as to when and how to invoke Article XXI, the Security Exception, of the General Agreement on Tariffs and Trade (“GATT”), with binding effect. The goal of this article is to shed light on contemporary questions and concerns involving national security and international trade, particularly questions involving the appropriate invocation of Article XXI GATT, through careful attention to the article’s historical context. The article elucidates the diverse strategic and economic considerations that shaped the meaning of U.S. national security interests at the time when national delegations were drafting the post-war multilateral trade system, the ITO. It demonstrates how these interests, in turn, created the language, phrasing, and placement of the security exception within the ITO Charter, and details when and how this was adopted in the GATT. This article argues that analyzing internal U.S. practice into the making of Article XXI is relevant for current and future efforts to interpret the exception, thereby contributing to existing literature on Article XXI GATT. It provides the internal deliberations of U.S. officials who served as key architects of the multilateral trade system and of the ITO Charter’s security exception. Additionally, the article captures a fascinating story as to how different U.S. agencies competed to define U.S. foreign and economic policies at the time and shows how the compromises struck help to explain the making of article XXI GATT.
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Sharma, Avinash. « The Entry into Force of the Lisbon Treaty : The European Union in Retrospect and Prospect ». Canadian Yearbook of international Law/Annuaire canadien de droit international 49 (2012) : 265–90. http://dx.doi.org/10.1017/s0069005800010377.
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SummaryThe history of European integration unmistakably shows that it has progressed step by step and is indeed an ongoing and irreversible process. One such step is the conclusion of the Lisbon Treaty, which came into force on 1 December 2009, following negotiations spanning nearly a decade. The treaty aims, inter alia, at improving the functioning of the European Union (EU) and significantly amends the treaty basis of the EU as a supranational organization. It formally establishes the EU as a legal entity under public international law, strengthens the role of the European Parliament, and significantly reforms the role of the high representative of the union for foreign affairs and security policy. Moreover, the treaty has made the EU Charter on Fundamental Rights a legally binding and enforceable instrument and has expanded the competences of the EU in the fields of trade and other external commercial relations by providing it with exclusive competence to conduct the EU’s Common Commercial Policy. The author reviews these and other innovations of the Lisbon Treaty and briefly evaluates the treaty and its implications for the EU.
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Shitov, V. N. « ILO is One Hundred Years ». Journal of Law and Administration, no 3 (23 janvier 2019) : 80–89. http://dx.doi.org/10.24833/2073-8420-2018-3-48-80-89.
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Introduction. The article analyzes ILO’s history, specifc features of its structural organization, main activities of ILO, which is one hundred years in 2019, as well as USSR and Russia’s participation in the work of ILO.Materials and methods. The methodological basis of the research includes general scientifc and special methods of analysis i.e. historical methods, formal methods, comparative method. The theoretical background of the research consists of works of specialists in international labour law, ILO-s Charter, other offcial documents of International Labour Organization.Results. International Labour Organization has proved to be one of the most respected UN special institutions. Its mandate is to promote right to work, employment, to expand social security of workers, to strengthen social dialogue. ILO is a unique international institution as it alone is based on “tripartism” principle and in all ILO bodies governments of member states are represented along with trade-unions and employers. Main activities of ILO are elaboration of conventions and recommendations on social and labour issues, technical assistance, research as well as collection and analysis of labour statistics. The most important activity of ILO – elaboration of international labour standards. During one hundred years of its existence ILO elaborated 189 conventions on social and labour issues. The author’s analysis proves that high income countries have the biggest numbers of ratifcations of ILO conventions. But there are exeptions i.e. the USA and some Islamic states. Author analyses the USSR’s participation in the work of ILO as well as diffculties that it encountered in this institution. On the contrary modern Russia has no problems with ILO as its laws correspond to the ratifed ILO conventions. Its total number is 76 which is more than in any other post-soviet country.Conclusion. It is proved that ILO encountered many challenges during the long period of its existence. These challenges were posed in particular by Create Depression and by the Second World War. But the Organization has always withstood challenges. Modern challenges to ILO are created by globalization as well as by transnationalization in the world economy.
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Soomro, Naureen Nazar, Ronaque Ali Behan et Sohni Siddiqui. « ASEAN(‘S) WAY OF CONFLICT MANAGEMENT : ACTIVE AND EFFECTIVE ROLE ». Journal of Social Sciences and Humanities 58, no 1 (30 juin 2019) : 139–51. http://dx.doi.org/10.46568/jssh.v58i1.134.
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ASEAN is widely praised for its establishing regional cooperation among countries of Southeast Asia and attracting countries from rest of the world too because of its core objective of bringing peace and stability in the region. Promotion of regional trade and investment followed by unprecedented economic growth is the major credit of ASEAN which is widely appreciated. Nevertheless, despite 50 years of its age, it hasn’t been fully successful in managing internal conflicts among its member states and conflicts with external states. Its ineffectiveness to manage conflicts have raised concerns over the relevance of ASEAN in 21st century where Asian continent is said to be playground for major powers because of shifting of epicenter of International Politics from America and Europe to Asia. ASEAN’s role is limited by its charter of Non-interference into the internal affairs of its member states. This article looks into the basic weaknesses in ASEAN as an organization thus providing recommendation to overcome its shortcomings and improve its performance. The article concludes that ASEAN, because of increasing demands of amendments in conflict management techniques due to changes in the nature of conflict, needs to transform from its modest goals and principles to deal with conflict to new trends of conflict management, perhaps from soft mediation to hard mediation in near future.
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Wijaya, Endra, Ricca Anggraeni et Andi Ardillah Albar. « PERAN ASSOCIATION OF SOUTHEAST ASIAN NATIONS DALAM PEMBENTUKAN HUKUM PERDAGANGAN INTERNASIONAL DI KAWASAN ASIA TENGGARA ». Mimbar Keadilan 13, no 2 (15 juillet 2020) : 173–84. http://dx.doi.org/10.30996/mk.v13i2.3498.
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AbstractThis article focuses on how Association of Southeast Asian Nations (ASEAN) plays its role in forming the international trade law in South-East Asia, and the readiness of Indonesia in response to such developing ASEAN’s role. This article uses doctrinal legal research method, also with legal and conceptual approach. ASEAN has significant role in international trade law development, especially in this era of ASEAN Economic Community (AEC). AEC has been running effectively since 2015, and it focuses in regulating several main issues, namely, establishment of free flow of goods, services, investment, capital, and movement of professionals or skilled labors within South-East Asia region. The conclusion is ASEAN, as an international organization, gains its legal personality in the time ASEAN Charter was established and come into force effectively. Having legal personality makes ASEAN able to create certain international legal form, including in the form of treaty or international agreement. In relation to that, ASEAN has been issuing several international agreements regarding economic activity or international trade activity within South-East Asia region, but the impact is such agreements also contain liberal values and it strongly indicated has been penetrating Indonesia as a sovereign state. In response to such condition, Pancasila, as Indonesian state philosophy, should be referred to. Keywords: international treaty; legal personality; Pancasila as idea of lawAbstrakArtikel ini berfokus pada persoalan peran ASEAN dalam pembentukan hukum perdagangan internasional di kawasan Asia Tenggara, dan juga bagaimana kesiapan Indonesia dalam merespons peran ASEAN tersebut. Metode penelitian yang digunakan ialah metode penelitian hukum doktrinal, dan dengan menggunakan pendekatan legal dan konseptual. ASEAN memainkan peran yang signifikan dalam dinamika hukum perdagangan internasional, terlebih lagi saat Masyarakat Ekonomi ASEAN (MEA) sudah berlaku secara efektif. Pemberlakuan MEA yang dimulai pada tahun 2015, secara garis besar, berfokus pada pengaturan beberapa hal pokok, yaitu perihal menciptakan “aliran bebas” lalu lintas barang, jasa, investasi, modal, dan tenaga kerja terampil. Untuk menjamin terlaksananya lalu lintas tanpa hambatan itu, ASEAN membentuk beberapa perjanjian internasional yang secara substansi mengatur tentang lalu lintas barang, jasa, investasi, modal, dan tenaga kerja terampil di kawasan Asia Tenggara. Kajian ini menyimpulkan bahwa personalitas hukum ASEAN baru diperoleh saat Piagam ASEAN mulai berlaku secara efektif, dan sejak saat itu, ASEAN sebagai organisasi internasional mulai banyak memproduksi pengaturan mengenai perdagangan internasional, terutama dalam bentuk perjanjian internasional. Perjanjian-perjanjian internasional tersebut mengandung semangat bagaimana menciptakan kawasan Asia Tenggara menjadi jalur lalu lintas yang bebas bagi aktivitas perekonomian atau perdagangan internasional. Namun, keberadaan perjanjian-perjanjian internasional itu juga justru mengindikasikan bahwa liberalisasi sedang melakukan penetrasinya ke dalam Negara Indonesia yang berdaulat. Untuk merespons keadaan tersebut, maka yang diperlukan oleh Indonesia ialah kembali kepada cita hukum Pancasila sebagai pedoman. Kata kunci: cita hukum Pancasila; perjanjian internasional; personalitas hukum
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Chatterjee, Aneek. « THE UN AT SIXTY THREE : PROBLEMS AND PROSPECTS OF REFORMING A VETERAN ». IBT Journal of Business Studies 5, no 1 (2009). http://dx.doi.org/10.46745/ilma.jbs.2009.05.01.03.
Texte intégralRésumé :
The United Nations Organization has completed more than sixty-three years of existence. In these six decades, the world has moved far ahead, and power calculations have changed. The days of bi-polarity ended with the demise of the Cold War. International politics, though unipolar in nature at present, is showing tendencies of multi polarity. Globalization has introduced a new economy of free trade in the world. In this altered international political and economic milieu, demands for restructuring the United Nations, which is guided by an old, mostly outdated charter, have been gaining ground, particularly after the end of the Cold War. But reforming the United Nations would not be very easy, because amending the Charter is extremely difficult, and requires political consensus among members, which is not easily achievable. However, minor reforms that do not require the amendment of the Charter may be introduced to make the United Nations more adept to face today's challenges. The present paper analyzes the problems and prospects of the reform proposals, and shows that there is a gap between the hope and the reality.
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« The Right to Strike, Labor Market Liberalization and the New Labor Code in Pre-Accession Lithuania ». Review of Central and East European Law 28, no 1 (2002) : 77–102. http://dx.doi.org/10.1163/157303502124667701.
Texte intégralRésumé :
AbstractThis article examines legal inhibitions on the right to strike which have emerged in the new market economy of Lithuania. It illustrates how legal impediments impact on the right to strike by analyzing a specific episode of industrial conflict. Further to this, the complaint by the employees' trade union to the International Labor Organization is examined together with the legislative responses of Lithuanian authorities to concerns arising from this dispute. The paper suggests that a broader political imperative of labor market liberalization may be compromising the spirit, if not the letter, of both major ILO conventions on Freedom of Association and Collective Bargaining which are endorsed in the new Lithuanian Labor Code, and also the European Union Charter of Fundamental Rights to which Lithuania has subscribed.
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Khmyz, Mariana. « REQUIREMENTS FOR INCOMPATIBILITY OF A JUDGE POSITION WITH OTHER TYPES OF ACTIVITY : COMPARATIVE CONSTITUTIONAL AND LEGAL ASPECT ». International scientific journal "Internauka". Series : "Juridical Sciences", no 8(42) (2021). http://dx.doi.org/10.25313/2520-2308-2021-8-7429.
Texte intégralRésumé :
The article reveals the requirements for the incompatibility of the position of a judge with other activities in the comparative constitutional and legal aspect. It is determined that the requirements for incompatibility of a judge's position with other activities in Ukraine are regulated by the Constitution of Ukraine, the Law of Ukraine «On the Judiciary and the Status of Judges», the Law of Ukraine «On Purification of Power», the Convention for the Protection of Human Rights and Fundamental Freedoms, Rules of Court adopted by the Council of Europe and the European Court of Human Rights, the Rome Statute of the International Criminal Court, the General (Universal) Charter of Judges. It is established that the legislative and constitutional requirements for judges stipulate that judges must meet high moral, ethical and professional standards. It has been established that persons may not engage in administrative, political or professional activities during their tenure as judges, which is incompatible with their impartiality, independence or the requirements for permanent performance of their duties. It is determined that while in the position of a judge, it is not allowed to engage in other activities, in particular, to carry out activities in other public authorities, local governments or activities related to the representative mandate. It has been proved that a judge cannot combine the activities defined by the position of a judge with advocacy and business activities. It was found that judges are prohibited by law from holding paid positions and performing paid work, except for teaching, research or creative work. It is established that a judge has no right to be a member of the governing of the body or supervisory board of an enterprise or organization whose main purpose is to make a profit. It is determined that a judge has no right to belong to a political party or trade union, as well as to show support for such a party or union. It has been proven that judges are prohibited from participating in election campaigns, political rallies, rallies or strikes. It was found that the judge is obliged to comply with the requirements for incompatibility established by the legislation of Ukraine in the direction of preventing and combating corruption. It is determined that a judge has the right to activities related to the administration of justice, to participate in judicial self-government, to membership in national or international associations, as well as in other organizations that operate to protect the interests of judges, increase the authority of the judiciary, in society or for the development of legal science and profession, for the formation of public associations, as well as for participation in the activities of such associations in order to protect their rights and interests, as well as to improve the level of professionalism and skills. It is proposed, in the future of the following studies, to reveal the grounds for dismissing a judge from office in a comparative constitutional and legal aspect.