Статті в журналах: "Treaty design"

1

Fourny, Jean-Francois, and Kristin Stehouwer Eder. "The Maastricht Treaty and France's "Great Design"." SubStance 24, no. 1/2 (1995): 49. http://dx.doi.org/10.2307/3685090.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

2

Lieberman, Henry, Lynn Stein, and David Ungar. "Treaty of Orlando." ACM SIGPLAN Notices 23, no. 5 (May 1988): 43–44. http://dx.doi.org/10.1145/62139.62144.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

3

Weissenberger, S. "Deterrence and the design of treaty verification systems." IEEE Transactions on Systems, Man, and Cybernetics 22, no. 5 (1992): 903–15. http://dx.doi.org/10.1109/21.179831.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

4

Israel, Brian. "Treaty Stasis." AJIL Unbound 108 (2014): 63–69. http://dx.doi.org/10.1017/s2398772300001860.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

Анотація:

We shouldn’t necessarily be concerned when international lawmaking is a victim of its own success. A trend in a given domain of international governance in which multilateral treaty-making gives way to bilateral and non-binding alternatives does not itself signal a decline in the influence or efficacy of international law. It may in fact be a normal symptom of a properly functioning international legal framework—as much a cause for celebration among international lawyers as for concern.I wish to offer some brief reflections on this Agora theme, The End of Treaties?, from the perspective of a lawyer responsible for engineering international cooperation. I say “engineering” because international lawyers in this role must carefully weigh design tradeoffs in selecting among potential cooperative mechanisms, not unlike an engineer weighing the tradeoffs between materials in designing to a performance and cost specification. Like architects, international lawyers must also be attuned to the social dimensions of the arrangements they craft, but should ultimately privilege function above the aesthetics of legal form. Ugly international cooperative arrangements may nevertheless perform beautifully.

5

Mitchell, Ronald B. "Regime design matters: intentional oil pollution and treaty compliance." International Organization 48, no. 3 (1994): 425–58. http://dx.doi.org/10.1017/s0020818300028253.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

Анотація:

Whether a treaty elicits compliance from governments or nonstate actors depends upon identifiable characteristics of the regime's compliance systems. Within the international regime controlling intentional oil pollution, a provision requiring tanker owners to install specified equipment produced dramatically higher levels of compliance than a provision requiring tanker operators to limit their discharges. Since both provisions entailed strong economic incentives for violation and regulated the same countries over the same time period, the variance in compliance clearly can be attributed to different features of the two subregimes. The equipment requirements' success stemmed from establishing an integrated compliance system that increased transparency, provided for potent and credible sanctions, reduced implementation costs to governments by building on existing infrastructures, and prevented violations rather than merely deterring them.

6

Mitchell, Sara McLaughlin, and Neda A. Zawahri. "The effectiveness of treaty design in addressing water disputes." Journal of Peace Research 52, no. 2 (February 18, 2015): 187–200. http://dx.doi.org/10.1177/0022343314559623.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

7

Larsson Gebre-Medhin, David. "Charting the Reaches of International Law and Treaty Design." International Studies Review 22, no. 3 (June 6, 2020): 730–32. http://dx.doi.org/10.1093/isr/viaa032.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

8

Zawahri, Neda A., Ariel Dinar, and Getachew Nigatu. "Governing international freshwater resources: an analysis of treaty design." International Environmental Agreements: Politics, Law and Economics 16, no. 2 (August 5, 2014): 307–31. http://dx.doi.org/10.1007/s10784-014-9259-0.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

9

Stein, Glenn M. "The Antarctic Treaty summit medal." Polar Record 47, no. 1 (May 13, 2010): 89–90. http://dx.doi.org/10.1017/s0032247410000252.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

Анотація:

The meeting of the International Board of the Antarctic Treaty summit (http://www.atsummit50.aq) celebrating the 50th anniversary of the treaty, signed on 1 December 1959, provided an opportunity to design a medal based on the theme of science ‘in the interest of all mankind,’ as expressed in the treaty's preamble.

10

Allee, Todd, and Clint Peinhardt. "Evaluating Three Explanations for the Design of Bilateral Investment Treaties." World Politics 66, no. 1 (December 29, 2013): 47–87. http://dx.doi.org/10.1017/s0043887113000324.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

Анотація:

Although many features of bilateral investment treaties (BITs) are consistent from one agreement to the next, a closer look reveals that the treaties exhibit considerable variation in terms of their enforcement provisions, which legal scholars have singled out as the central component of the treaties. An original data set is compiled that captures three important treaty-design differences: whether the parties consent in advance to international arbitration, whether they allow treaty obligations to be enforced before an institutionalized arbitration body, and how many arbitration options are specified for enforcement. Drawing upon several relevant literatures on international institutions, three potentially generalizable explanations for this important treaty variation are articulated and tested. The strongest support is found for the theoretical perspective that emphasizes the bargaining power and preferences of capital-exporting states, which use the treaties to codify strong, credible investor protections in all their treaties. Empirical tests consistently reveal that treaties contain strong enforcement provisions—in which the parties preconsent to multiple, often institutionalized arbitration options—when the capital-exporting treaty partner has considerable bargaining power and contains domestic actors that prefer such arrangements, such as large multinational corporations or right-wing governments. In contrast, there is no evidence to support the popular hands-tying explanation, which predicts that investment-seeking states with the most severe credibility problems, due to poor reputations or weak domestic institutions, will bind themselves to treaties with stronger investment protections. likewise, little support is found for explanations derived from the project on the rational design of international institutions, which discounts the identities and preferences of the treaty partners and instead emphasizes the structural conditions they jointly face. In sum, this foundational study of differences across investment treaties suggests that the design of treaties is driven by powerful states, which include elements in the treaties that serve their interests, regardless of the treaty partner or the current strategic setting.

11

Fischhendler, Itay. "When Ambiguity in Treaty Design Becomes Destructive: A Study of Transboundary Water." Global Environmental Politics 8, no. 1 (February 2008): 111–36. http://dx.doi.org/10.1162/glep.2008.8.1.111.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

Анотація:

Ambiguity has a clear role in facilitating closure in negotiations to regulate natural resources. However, there are no empirical studies that examine whether such “constructive ambiguity” can in fact become destructive. The aim of the present study is thus to determine when ambiguity becomes destructive during the management phase of environmental regimes. The implementation of the Israeli-Jordanian water agreement is used as a case study. It was found that when political and hydrological conditions are unstable, the parties see the process of clarifying the ambiguities in a water agreement as broader than simply a question of bilateral relations over resource allocation. As a result, the cost of clarifying ambiguity at the implementation phase dramatically increases. The anatomy of resolving ambiguous agreements teaches us that there are early signs that indicate when ambiguity becomes destructive. Tracing these signals is crucial, since the cost of ambiguity is not linear. Rather, when a disagreement around ambiguity passes a threshold, it can escalate into a conflict in a very short time.

12

Zvobgo, Kelebogile, Wayne Sandholtz, and Suzie Mulesky. "Reserving Rights: Explaining Human Rights Treaty Reservations." International Studies Quarterly 64, no. 4 (September 17, 2020): 785–97. http://dx.doi.org/10.1093/isq/sqaa070.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

Анотація:

Abstract International relations scholarship has made significant strides in explaining how states design treaty obligations and why they accept treaty commitments. However, far less attention has been paid to factors that may influence states’ modification of their treaty obligations via reservations. We theorize that states will be more likely to enter reservations when treaty obligations increase compliance costs and policy adjustment costs. More specifically, we expect that demanding provisions, i.e., provisions that create strong, precise obligations requiring domestic action, will enhance the likelihood of reservation. To test our theory, we exploit an original dataset that codes reservations at the provision (treaty–article–paragraph) level for the ten core international human rights treaties. Consistent with our expectations, we find that states are more likely to enter reservations on more demanding treaty provisions. In contrast to prior studies, our results indicate that reservations are not driven purely by state-level characteristics such as regime type or the nature of the legal system. Rather, it appears that states weigh individual treaty obligations and calibrate their commitments accordingly.

13

Thompson, Alexander, Tomer Broude, and Yoram Z. Haftel. "Once Bitten, Twice Shy? Investment Disputes, State Sovereignty, and Change in Treaty Design." International Organization 73, no. 4 (2019): 859–80. http://dx.doi.org/10.1017/s0020818319000195.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

Анотація:

AbstractMore than 3,000 international investment agreements (IIAs) provide foreign investors with substantive protections in host states and access to binding investor-state dispute settlement (ISDS). In recent years, states increasingly have sought to change their treaty commitments through the practices of renegotiation and termination, so far affecting about 300 IIAs. The received wisdom is that this development reflects a “backlash” against the regime and an attempt by governments to reclaim sovereignty, consistent with broader antiglobalization trends. Using new data on the degree to which IIA provisions restrict state regulatory space (SRS), we provide the first systematic investigation into the effect of ISDS experiences on state decisions to adjust their treaties. The empirical analysis indicates that exposure to investment claims leads either to the renegotiation of IIAs in the direction of greater SRS or to their termination. This effect varies, however, with the nature of involvement in ISDS and with respect to different treaty provisions.

14

Rabitz, Florian. "Access without benefit-sharing: design, effectiveness and reform of the FAO seed treaty." International Journal of the Commons 11, no. 2 (September 2017): 621–40. http://dx.doi.org/10.18352/ijc.736.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

15

Tessnow-von Wysocki, Ina, and Philippe Le Billon. "Plastics at sea: Treaty design for a global solution to marine plastic pollution." Environmental Science & Policy 100 (October 2019): 94–104. http://dx.doi.org/10.1016/j.envsci.2019.06.005.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

16

Böhmelt, Tobias, and Edita Butkutė. "The self-selection of democracies into treaty design: insights from international environmental agreements." International Environmental Agreements: Politics, Law and Economics 18, no. 3 (February 12, 2018): 351–67. http://dx.doi.org/10.1007/s10784-018-9391-3.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

17

Hahm, Hyeonho, Thomas König, Moritz Osnabrügge, and Elena Frech. "Who Settles Disputes? Treaty Design and Trade Attitudes Toward the Transatlantic Trade and Investment Partnership (TTIP)." International Organization 73, no. 4 (2019): 881–900. http://dx.doi.org/10.1017/s0020818319000249.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

Анотація:

AbstractWhat type of trade agreement is the public willing to accept? Instead of focusing on individual concerns about market access and trade barriers, we argue that specific treaty design and, in particular, the characteristics of the dispute settlement mechanism, play a critical role in shaping public support for trade agreements. To examine this theoretical expectation, we conduct a conjoint experiment that varies diverse treaty-design elements and estimate preferences over multiple dimensions of the Transatlantic Trade and Investment Partnership (TTIP) based on a nationally representative sample in Germany. We find that compared to other alternatives, private arbitration, known as investor-state dispute settlement (ISDS), generates strong opposition to the trade agreement. As the single most important factor, this effect of dispute settlement characteristic is strikingly large and consistent across individuals’ key attributes, including skill levels, information, and national sentiment, among others.

18

Sykes, Alan O. "The Economic Structure of International Investment Agreements with Implications for Treaty Interpretation and Design." American Journal of International Law 113, no. 3 (July 2019): 482–534. http://dx.doi.org/10.1017/ajil.2019.25.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

Анотація:

AbstractThis Article argues that international investment agreements (IIAs) serve a dual economic function—to discipline host country policies that impose international externalities on foreign investors, and to curtail inefficient risks associated with agency costs, risk aversion, asymmetric information, and time inconsistency problems that uneconomically increase the cost of imported capital in host countries. It draws on the economic analysis to explain central features of IIAs and their evolution over time, and to address various controversial issues in international investment litigation.

19

McHugh, PG. ""Treaty Principles": Constitutional Relations Inside a Conservative Jurisprudence." Victoria University of Wellington Law Review 39, no. 1 (June 2, 2008): 39. http://dx.doi.org/10.26686/vuwlr.v39i1.5453.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

Анотація:

This article looks at the impact and afterlife of the groundbreaking Maori Council judgments handed down in the late 1980s by the Court of Appeal presided by the late Sir Robin Cooke (as he then was). This article refutes any notion of constitutional relations with Māori being founded on race despite unilateral (and long discarded) legal design tending towards that characterisation. The true pattern has been iwi-based and it has arisen from the continuity of whakapapa in the organization of Maori political life and relations with the state notwithstanding meddlesome but ultimately ineffectual legislative attempts to dilute tribalism. Over the past twenty plus years, the Treaty claims processes initiated in 1985 have accentuated and revitalised that tribalism. Far from licensing judicial interventionism "Treaty principles" are part of an embedded and conservative jurisprudence of Māori affairs. Their elimination from legislation would amputate a major segment of that jurisprudence. The courts, whose profile in this broad field (Treaty claims processes most notably) is mostly a resiling one, would respond by generating their own version. The legacy of Sir Robin Cooke’s court is deep-rooted and thoroughly integrated into the New Zealand legal system.

20

Balzacq, Thierry, and Amelia Hadfield. "Differentiation and trust: Prüm and the institutional design of EU internal security." Cooperation and Conflict 47, no. 4 (November 27, 2012): 539–61. http://dx.doi.org/10.1177/0010836712462781.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

Анотація:

One recent but major policy occurrence in Justice and Home Affairs – the Treaty of Prüm (2005) – has developed within the framework of differentiated integration, thus reopening the debate over the impact of flexibility on EU integration, what causes it, and whether it should be sought by Member States at all. Whatever the consensus, the debate itself demonstrates that the very idea of differentiated integration deserves a renewed attention today ultimately because it affects, in one way or another, the performance of the EU. This article presents a critical analysis of the practice of differentiation in Justice and Home Affairs, by examining its forms, principles and effects. It discusses the literature on the subject, emphasizing the complexity of flexible integration, but reaches different conclusions. Thus, in contrast to the dominant argument, we argue that differentiation is not necessarily about deepening and/or widening EU integration. It is also, and sometimes primarily, about power and interests, two major elements that feed mistrust among Member States. In fact, we demonstrate that mistrust can cause poor differentiation. Moreover, in the absence of trust among Member States, flexibility might contribute to sub-optimal policies. Based on past research and interviews, we substantiate our claim by investigating the driving factors, rationales and consequences of the Treaty of Prüm on the institutionalization of a EU area of Freedom, Security and Justice.

21

Steenkamp, Lee-Ann. "Beneficial Ownership Provisions In Tax Treaties Between Developed And Developing Countries: The Canada/South Africa Example." International Business & Economics Research Journal (IBER) 12, no. 9 (August 30, 2013): 1107. http://dx.doi.org/10.19030/iber.v12i9.8056.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

Анотація:

In the years since the Organisation for Economic Cooperation and Development (OECD) adopted its first draft tax treaty in 1963, the world has experienced an astonishing surge in international trade and investment. The tax treatment of these cross-border transactions is affected by double tax agreements. As tax treaty networks will likely continue to expand, concerns about tax treaty abuse might be expected to grow. The extent to which a countrys tax treaty policy favours developing countries - or not - depends upon the extent to which the country is prepared to adopt provisions from the UN model tax convention as opposed to the OECD model. Developing countries, in particular, should carefully consider the design of their tax treaties so as to effectively combat tax avoidance without sacrificing foreign direct investment. To this end, the Canada/South Africa tax treaty is compared and contrasted with these two models. The concept of beneficial ownership is reviewed in this context. It is contended that a general definition in South Africa's Income Tax Act of 'beneficial ownership' would assist in the interpretation of the term for the purposes of South Africa's tax treaties. It is submitted that the scope for the source taxation of passive investment income (viz. dividends, interest and royalties) in the developing country could be magnified through treaty negotiations.

22

Rahbek-Clemmensen, Jon. "When Do Ideas of an Arctic Treaty Become Prominent in Arctic Governance Debates?" ARCTIC 72, no. 2 (June 17, 2019): 116–30. http://dx.doi.org/10.14430/arctic68285.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

Анотація:

As climate change and globalization are opening the Arctic to human activities, the debate about how best to organize Arctic institutions in order to facilitate regional governance has been invigorated. One of the most controversial ideas in this debate has been the notion that a comprehensive treaty should govern the Arctic. Depending on its exact design, such a treaty could radically transform regional decision-making procedures and substantial issue areas. It has been opposed by several regional stakeholders, including most regional states. This article examines how specific factors determine the prominence of the idea of an Arctic treaty in governance debates, and whether it is likely to become a crucial feature in future discussions. It argues that there are multiple ideas concerning the content and purpose of an Arctic treaty. Some of its proponents favor radical transformation of the regional order, while others envision more moderate reforms of existing institutions. It maps how the Arctic treaty debate has developed in four phases from 1970 until today, showing that it has been driven by a combination of functional gaps in the regional institutional setup, changing public political discourses about Arctic governance, and the degree of opposition among regional stakeholders. As some of these factors persist, the Arctic treaty will most likely continue to play a role in regional governance debates. In case of a regional crisis, it can once again become a focal point for discussion.

23

Weidemaier, W. Mark C. "Restructuring Euro Area Sovereign Debt: Have the Options Narrowed?" Journal of Financial Regulation 6, no. 1 (March 20, 2020): 125–47. http://dx.doi.org/10.1093/jfr/fjaa003.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

Анотація:

ABSTRACT This article examines the intersection between two key attributes of sovereign debt governance in the Euro Area. First, sovereigns mostly issue bonds governed by their own law. This ‘local law advantage’ should make debt restructuring comparatively easy, as the sovereign can change the law to reduce its debt. The second attribute is the so-called ‘Euro CAC’, which is a contract-based restructuring mechanism mandated by the Treaty Establishing the European Stability Mechanism (the ESM Treaty). The Euro CAC lets a bondholder supermajority approve a restructuring and bind dissenters. Since 2013, nearly all Euro Area sovereign debt has included the clause. Many believe the ESM Treaty requires governments to use the Euro CAC to restructure. But if so, the Treaty is a suicide pact, for the design of the Euro CAC is flawed. In a meaningful subset of cases, the clause will not provide adequate debt relief. This article makes two primary contributions. First, using an Italian restructuring as an example, it explains why the ESM Treaty does not, in fact, require the use of the Euro CAC. Second, it examines the legal constraints—the most pertinent of which derive from the European Convention on Human Rights—that do restrict the use of local-law advantage.

24

Wool, J. "Treaty Design, Implementation, and Compliance Benchmarking Economic Benefit - a Framework as Applied to the Cape Town Convention." Uniform Law Review - Revue de droit uniforme 17, no. 4 (December 1, 2012): 633–53. http://dx.doi.org/10.1093/ulr/17.4.633.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

25

Nyarko, Julian. "Giving the Treaty a Purpose: Comparing the Durability of Treaties and Executive Agreements." American Journal of International Law 113, no. 1 (January 2019): 54–89. http://dx.doi.org/10.1017/ajil.2018.103.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

Анотація:

AbstractScholars have argued that Senate-approved treaties are becoming increasingly irrelevant in the United States, because their role can be fulfilled by their close but less politically costly cousin, the congressional-executive agreement. This study demonstrates that treaties are more durable than congressional-executive agreements, supporting the view that there are qualitative differences between the two instruments. Abandoning the treaty may therefore lead to unintended consequences by decreasing the tools that the executive has available to design optimal agreements.

26

Rossi, Christopher R. "Norway's Imperiled Sovereignty Claim over Svalbard's Adjacent Waters." German Law Journal 18, no. 6 (November 1, 2017): 1497–530. http://dx.doi.org/10.1017/s2071832200022409.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

Анотація:

The invasive but highly profitable snow crab has made its way into the waters of the High Arctic, precipitating a direct confrontation between the EU and Norway over the interpretation of the 1920 Svalbard Treaty. Norway claims the Treaty does not apply due to its strict interpretation of the Treaty's terms, which pertain only to the archipelago's terra firm and territorial sea. The EU claims the Treaty's equal access and non-discrimination provisions follow the evolution of the international law of the sea, and make the living (and mineral) resources of Svalbard's surrounding continental shelf and waters open to all states parties to the Treaty. The dispute has gone on for decades, but this Article maintains, through a review of Norway's increasingly isolated legal and political stance that time is out of joint for Norway and its long-term appropriative design and strategy to territorialize this area of the High North.

27

Plottka, Julian. "Die Konferenz zur Zukunft Europas zwischen „Konvent 2.0“ und „Intergouvernementalismus 3.0“: Warum Europa diese Chance zur Reform nutzen muss." integration 43, no. 3 (2020): 231–44. http://dx.doi.org/10.5771/0720-5120-2020-3-231.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

Анотація:

Three months after the initially scheduled start of the Conference on the Future of Europe (CoFoE) its design remains unclear. While the European Parliament proposed a rather ambitious concept of a “European Convention 2.0”, the European Council seeks additional legitimacy for its Strategic Agenda, excluding the possibility of treaty reforms. However, not all national governments seem to be convinced that such an “Intergovernmentalism 3.0” legitimised by participative democracy is a good idea. In between these two positions, the European Commission seeks to water down Ursula von der Leyen’s bid to the European Parliament. Comparing the opportunities and risks entailed in these three concepts of the CoFoE, the article argues for an open process, which neither pushes for nor excludes treaty reform. If citizens and civil society support such a constitutional momentum, it is about time to address the numerous reform needs and to end the further procrastination of treaty reforms.

28

Steenkamp, Lee-Ann. "The Permanent Establishment Concept In Double Tax Agreements Between Developed And Developing Countries: Canada/South Africa As A Case In Point." International Business & Economics Research Journal (IBER) 13, no. 3 (April 28, 2014): 539. http://dx.doi.org/10.19030/iber.v13i3.8591.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

Анотація:

In this era of globalisation, developing countries have resorted to double tax agreements in order to attract foreign direct investment. The extent to which a countrys tax treaty policy favours developing countries or not depends upon the extent to which the country is prepared to adopt provisions from the UN model tax convention as opposed to the OECD model. Developing countries in particular should carefully consider the design of their tax treaties so as to effectively combat tax avoidance, without sacrificing foreign direct investment. To this end, the Canada/South Africa tax treaty is compared and contrasted with these two models. The concept of permanent establishment is reviewed in this context. It was found that the Canada/South Africa tax treaty is overwhelmingly based on the OECD model. This could indicate that South Africa has a deliberate tax treaty policy of ceding taxing rights to other countries. Thus, developing countries are seemingly unable or unwilling to make use of the UN model so as to retain greater source taxation. A number of recommendations are made to broaden the scope for the source taxation of business income in the developing country.

29

O'Connell, Ian J., and C. Peter Keller. "Design of Decision Support for Stakeholder-Driven Collaborative Land Valuation." Environment and Planning B: Planning and Design 29, no. 4 (August 2002): 607–28. http://dx.doi.org/10.1068/b12828.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

Анотація:

First Nations treaty negotiations and land-claim settlements require the valuation of large areas of land for diverse land uses, including usage which is difficult to quantify in absolute or monetary terms. The authors report an attempt to develop a methodology for seeking consensus on land values for the latter land-use activities, using Gestalt valuation. They offer an alternative to planner-driven land valuation, placing the valuation responsibility instead on stakeholders. The methodology is justified and explained. The authors introduce different types of decision-support information products that can be derived to facilitate consensus building. They summarise experience gained in an evaluation of the proposed methodological procedure, in which university students were used as a sample. They conclude that computing technology has advanced sufficiently to make it reasonably straightforward to collect information about individual stakeholders' land valuations, and that the resultant information can be packaged effectively in a collaborative spatial decision support system to facilitate consensus building. Ongoing research is introduced.

30

Lloyd, Ian D., and Michael Oppenheimer. "On the Design of an International Governance Framework for Geoengineering." Global Environmental Politics 14, no. 2 (May 2014): 45–63. http://dx.doi.org/10.1162/glep_a_00228.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

Анотація:

This paper explores the governance options surrounding geoengineering—the deliberate, large-scale manipulation of the Earth's climate system to counteract climate change. The authors focus solely on methods that affect the incoming solar radiation to the atmosphere, referred to as solar radiation management (SRM). They examine whether an international governance framework for SRM is needed, how it should be designed, and whether it is feasible. The authors propose a governance regime that initially has small membership and weak legalization, and is flexible in that future institutional reforms allow for broader membership and deeper commitments. The article provides supporting evidence for key aspects of the regime through past international treaties in arms control and environmental protection, including the Antarctica, Outer Space, and Montreal Protocol treaty regimes. For these cases, acting early and treating the respective problems as part of the “regulation of unexplored territory” produced more effective outcomes than the “national appropriation” approach that characterizes arms control.

31

Hutton, R. "The Making of the Secret Treaty of Dover, 1668–1670." Historical Journal 29, no. 2 (June 1986): 297–318. http://dx.doi.org/10.1017/s0018246x00018756.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

Анотація:

Few international agreements have provoked more controversy among historians than that concluded at Dover, on 22 May 1670, by representatives of the English and French Crowns. Its main provisions were for an offensive war against the Dutch republic of the United Provinces, leading to its destruction as a European power, and for the public profession by the English king, Charles II, of the Roman Catholic faith, which had been regarded by most English people for a hundred years as the bitterest enemy of their own church. The existence of this treaty was concealed not only from the other European states and the subjects of the respective monarchs, but from the greater number of their own ministers. The motives of Charles in making this amazing pact have remained a mystery. In the present century, they have been represented by Sir Keith Feiling as an attempt to unite Catholics and Protestant dissenters as a foundation for a stronger monarchy; by Cyril Hartmann, K. H. D. Haley, David Ogg and Lady Antonia Fraser as a decision to hitch England to the fortunes of Europe's strongest state, France; by Sir Arthur Bryant as a wish to ensure his country a share of the Spanish empire and his throne a dependable group of supporters in the form of the Catholics; by Maurice Lee and J. R. Jones as a grand design to make himself independent of his subjects in general and of parliament in particular; and by John Miller as a desire for vengeance upon the Dutch.

32

Chenaz, B. Seelarbokus. "The influence of Treaty Design on the participation of Developing and Developed Nations in International Environmental Agreements (IEAs)." African Journal of Political Science and International Relations 8, no. 8 (November 30, 2014): 288–301. http://dx.doi.org/10.5897/ajpsir2014.0688.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

33

Bauer, Steffen. "Does Bureaucracy Really Matter? The Authority of Intergovernmental Treaty Secretariats in Global Environmental Politics." Global Environmental Politics 6, no. 1 (February 1, 2006): 23–49. http://dx.doi.org/10.1162/glep.2006.6.1.23.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

Анотація:

Although a number of scholars acknowledge the relevance of intergovernmental bureaucracies in world politics, International Relations research still lacks theoretical distinction and empirical scrutiny in understanding their influence in the international arena. In this article I explore the role of intergovernmental treaty secretariats as authoritative bureaucratic actors in global environmental politics. I employ organizational theories and sociological institutionalism for comparative qualitative case study research that traces variances at the outcome level of two environmental treaty secretariats, the secretariats to the Vienna Convention and the Montreal Protocol (“Ozone Secretariat”) and the UN Convention to Combat Desertification (“Desertification Secretariat”). While the organizational design of both secretariats is similar, their institutional histories and outcomes differ markedly. Looking for possible explanations for these differences I focus on the activities of both secretariats and how they relate to the authority they enjoy vis-à-vis the parties they serve.

34

Berge, Tarald Laudal. "Dispute by Design? Legalization, Backlash, and the Drafting of Investment Agreements." International Studies Quarterly 64, no. 4 (August 6, 2020): 919–28. http://dx.doi.org/10.1093/isq/sqaa053.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

Анотація:

Abstract The investment treaty regime is currently going through extensive reform. Driven by a raft of investor–state dispute settlement cases, states are asking: How should we draft future investment agreements? This article presents the first empirical analysis of what drives risk in investment agreements. Drawing on states’ own reform narratives, and on unique data on the content of over two thousand investment agreements, I analyze how legalization in investment agreements is associated with the risk of attracting investor–state dispute settlement claims. I find that the only legalization dimension that robustly predicts investor–state dispute settlement claims in investment agreements is substantive obligation, and that this risk is not significantly affected by introducing more flexibility or precision. These findings have important implications for states engaged in reform of their international investment policies. Most prominently, they suggest that states should focus more on what substantive clauses they include in their investment agreements, rather than on how these clauses are written.

35

Lim, Chin Leng. "East Asia’s Engagement with Cosmopolitan Ideals Under its Trade Treaty Dispute Provisions." McGill Law Journal 56, no. 4 (September 13, 2011): 821–62. http://dx.doi.org/10.7202/1005847ar.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

Анотація:

An East Asian view about how trade dispute settlement systems should be designed is slowly emerging. Democratically-inspired trade law scholarship and cultural explanations of the international law behaviour of the Southeast and Northeast Asian trading nations have failed to capture or prescribe the actual treaty behaviour of these nations. Instead, such behaviour has resulted in the emergence of two different treaty models for the peaceful settlement of trade disputes. The first, which seems firmly established, may be found in ASEAN’s 2004 dispute settlement protocol and the regimes established under the China-ASEAN, Korea-ASEAN, Japan-ASEAN, and ASEAN-Australia-New Zealand FTAs. A second model, based on the Trans-Pacific Strategic Economic Partnership Agreement, could in time become an alternative model for an Asia-Pacific-wide FTA (i.e., including the East Asian nations within it). It adopts a more open approach; one which better accommodates greater transparency in dispute proceedings. At least for now, the two models coexist, obviating the need for East Asia’s legal policy-makers to choose a clear, dominant design for treaty-based trade dispute settlement in the region. But it also means that East Asia’s trading partners can influence East Asian nations, at least in those trade agreements that—like the Trans-Pacific Partnership Agreement—involve negotiations with trans-continental partners.

36

EYCKMANS, JOHAN, and MICHAEL FINUS. "COALITION FORMATION IN A GLOBAL WARMING GAME: HOW THE DESIGN OF PROTOCOLS AFFECTS THE SUCCESS OF ENVIRONMENTAL TREATY-MAKING." Natural Resource Modeling 19, no. 3 (June 28, 2008): 323–58. http://dx.doi.org/10.1111/j.1939-7445.2006.tb00184.x.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

37

Wüthrich, Simon, and Manfred Elsig. "Challenged in Geneva: WTO Litigation Experience and the Design of Preferential Trade Agreements." Business and Politics 23, no. 3 (February 18, 2021): 344–63. http://dx.doi.org/10.1017/bap.2020.20.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

Анотація:

AbstractWhat explains the design of international institutions? Existing research has largely neglected how experience in cooperation in one set of international institutions impacts on design choices made by states in other globally-oriented institutions. We contribute to this evolving debate by analyzing spillovers in experience in international trade. We argue that countries' track record of interaction in multilateral trade disputes affects the design of their preferential trade agreements (PTAs). If a country participates in a complaint against a prospective PTA partner at the World Trade Organization (WTO), the challenge in Geneva alerts the defendant's import-competing industries with respect to potential challenges under the planned PTA. As a result, these industries exert pressure on their government to preserve leeway under the future treaty, leading to increased flexibility and a lower level of enforcement in the PTA. We find support for our hypotheses in an empirical analysis of 347 PTAs concluded post 1990.

38

Ho, Christine I. "In Search of National Decoration." Archives of Asian Art 69, no. 2 (October 1, 2019): 121–54. http://dx.doi.org/10.1215/00666637-7719395.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

Анотація:

Abstract In the late 1930s, design studies in China underwent a paradigmatic shift when the cosmopolitan idioms fashioned within treaty-port cities were rejected in favor of populist ethnonationalism, developed along the border regions of wartime China. This essay examines design compendia by Pang Xunqin and Lei Guiyuan, founding figures in modern design studies, as proposals that advocate for a reevaluation of folk and ethnic-minority traditions. Shaped by a signal moment in wartime modernism, the design proposals are located at the conjunction of two fields of knowledge that were discursively reframed by the heightened cultural nationalism of the Sino-Japanese War: the expansion of modern archaeology, and ethnographic study of minority cultures. In reclaiming folk-minority craft as a generative source of decoration, Pang Xunqin and Lei Guiyuan were also critically engaged with delimiting the design profession as a specialized realm of knowledge production.

39

Swango, Dane. "The United States and the Role of Nuclear Co-operation and Assistance in the Design of the Non-Proliferation Treaty." International History Review 36, no. 2 (January 20, 2014): 210–29. http://dx.doi.org/10.1080/07075332.2013.866152.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

40

von Stein, Jana. "Exploring the Universe of UN Human Rights Agreements." Journal of Conflict Resolution 62, no. 4 (August 8, 2017): 871–99. http://dx.doi.org/10.1177/0022002717721395.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

Анотація:

The international human rights (HR) regime is vast and complex. Yet, most of what we know about it draws from a handful of agreements, often chosen for their prominence and/or perceived centrality to the HR project. This article argues that HR research needs to expand its scope to encompass all agreements in this realm, and presents a new data resource that enables scholars to accomplish that goal. Using the data, I demonstrate that the literature has painted an unrepresentative portrait of HR agreements. In addition to making comprehensive analysis possible, the database moves the literature forward by (1) taking into account important legal distinctions in the process of making treaties binding, (2) providing information on treaty design, and (3) considering relationships between agreements. I present several applications and discuss future areas of inquiry. Network analysis and the linking of treaty participation to HR outcomes are two notable areas of interest.

41

Oh, Chang Hoon, and Michele Fratianni. "On the optimal size of bilateral investment treaty network in foreign direct investment flows." Multinational Business Review 25, no. 2 (July 17, 2017): 150–70. http://dx.doi.org/10.1108/mbr-04-2017-0024.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

Анотація:

Purpose The aim of this paper first is to go beyond the static effects of bilateral investment treaties (BITs) and empirically estimate the marginal effects of the stock of BITs on foreign direct investment flows. Design/methodology/approach These statistical models use a gravity equation. Findings This paper finds that BITs is subject to diminishing returns measured in terms of FDI flows. Diminishing returns are more pronounced among country-pairs that have not signed BITs but have their own BIT network than among country-pairs with their own BITs. Research limitations/implications The subsidiary finding is that a measure of a country’s BIT network characteristic, capturing conditions favorable for a mix of horizontally and vertically integrated activities, may be the limiting force underlying the diminishing returns of the stock of BITs. Originality/value For a given country’s BIT network, a multinational enterprise finds more value in investing where a bilateral treaty is in place. This suggests either stronger property-rights protection or greater latitude to use the host country as an export platform.

42

Connor, M. A. "Wastewater treatment in Antarctica." Polar Record 44, no. 2 (April 2008): 165–71. http://dx.doi.org/10.1017/s003224740700719x.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

Анотація:

ABSTRACTSince the exploration of Antarctica began, procedures for dealing with human wastes have changed considerably. The establishment of research stations made it necessary to provide for sewage disposal. However, the introduction of advanced wastewater treatment processes has been driven largely by an intensifying concern to protect the Antarctic environment. A key step was the adoption by Antarctic Treaty nations of the so-called Madrid Protocol, in which minimum standards for sewage treatment and disposal are prescribed. The provisions of this protocol are not particularly onerous and some countries have elected to go beyond them, and to treat Antarctic research station wastewater as they would at home. Transferring treatment technologies to Antarctica is not simple because the remoteness, isolation, weather and other local conditions impose a variety of unusual constraints on plant design. The evolution of advanced treatment plant designs is examined. Most countries have opted for biofilm-based processes, with Rotating Biological Contactors (RBC) favoured initially while more recently contact aeration systems have been preferred. Sludges are now generally repatriated, with a diversity of sludge dewatering techniques being used. The evolution of treatment process designs is expected to continue, with growing use, especially at inland stations, of sophisticated processes such as membrane technologies and thermally efficient evaporative techniques.

43

Desierto, Diane A. "Regulatory Freedom and Control in the New ASEAN Regional Investment Treaties." Journal of World Investment & Trade 16, no. 5-6 (November 13, 2015): 1018–57. http://dx.doi.org/10.1163/22119000-01606009.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

Анотація:

The expanding universe of regional investment agreements of the Association of Southeast Asian Nations (ASEAN) illustrates the difficulties of accepting host States’ expansive regulatory freedoms, while neglecting to design durable institutional controls for regionally-coordinated investment treaty compliance and regionally-harmonized investment treaty interpretation. Since its transformation from a loose economic cooperation into a rules-based organization discharging binding executive-legislative functions under its 2008 Charter, ASEAN has already entered into regional investment treaties applicable within the ten ASEAN Member States (2009), as well as with China (2010), India (2014), Australia and New Zealand (2009), Korea (2009), and Japan (2008). Negotiations are pending with the United States, the European Union, and Canada. Institutional deficits in the monitoring and implementation of ASEAN regional investment treaties could be addressed by strengthening the mandate and capacity of the ASEAN Investment Area (AIA) Council. An intergovernmental centralized appellate mechanism could help facilitate harmonized interpretation of these regional treaties.

44

Mika, Jason Paul, Graham Hingangaroa Smith, Annemarie Gillies, and Fiona Wiremu. "Unfolding tensions within post-settlement governance and tribal economies in Aotearoa New Zealand." Journal of Enterprising Communities: People and Places in the Global Economy 13, no. 3 (July 8, 2019): 296–318. http://dx.doi.org/10.1108/jec-12-2018-0104.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

Анотація:

Purpose This paper aims to examine indigenous governance and economies of iwi Maori (Maori tribes) in Aotearoa New Zealand. Research into persisting inequities amongst iwi that have settled treaty claims and the potential for intervention through new governance models and indigenous entrepreneurship contextualise the paper. Design/methodology/approach Kaupapa Maori (Maori philosophy) is used as an indigenous methodology to facilitate and empower transformative change, underpinned by Maori knowledge, language and culture. A multi-level approach is used to collect data from international, national and local tribal organisations. Validity is established through stakeholder engagement. Findings A central challenge in the post-treaty settlement context is exponentialising tribal capabilities because of the multiple purposes ascribed to post-settled iwi. Four themes, characterised as “unfolding tensions”, offer a critique and basis for solving tribal development challenges: how do tribes create culturally grounded global citizens; how do tribes rebalance wealth creation and wealth distribution; how do tribes recalibrate tribal institutions; and how do tribes embed entrepreneurship and innovation within their economies? Research limitations/implications As data collection is still underway, the paper is conceptual. Practical implications Five strategies to address unfolding tensions are identified for tribes to consider. Social implications Tribal governors and tribal members are implicated in the analysis, as well as the architects of post-treaty settlement governance models. Originality/value The paper contributes to theorising about tribal governance, economies and entrepreneurship.

45

Da Casa, Fernando, Ernesto Echeverria, and Flavio Celis. "The Historical Foundations. Historical Architectural Treaty How Information Source of the Architectonic Heritage." Geoinformatics FCE CTU 6 (December 21, 2011): 74–80. http://dx.doi.org/10.14311/gi.6.10.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

Анотація:

In order to address architectural heritage conservation, we must be familiar with the medium with which we will be working, its function and response to incidents or external actions (natural or anthropogenic) and how the buildings were conceived and constructed in order to understand how they will be affected by the intervention process to which they will be subjected and adopt the adequate measures so these processes will not harm the buildings. An important element is the foundation. This is a fundamental, yet often forgotten, element. It is important to know the history of the foundations, how and why they were constructed and for this, it is essential to study architectural treatises as the origin of their design. It is surprising to read classical architecture treatises and observe that they do not refer to calculations of dimensions, but to constructive solutions that today may seem clever because they are obvious, but in reality, they do not address the thoughts of the designer or builder. The historic architectural treatises on construction that significantly influenced Spanish construction, which we studied and will present in this article, include Vitruvius and Palladio as well as the developments in the eighteenth and nineteenth centuries, and even into the first half of the twentieth century: (Vitruvius (1st century BC), Palladio (1524), Alberti (1582), Cristóbal de Rojas (1598), Fray Laurencio San Nicolás (1639), Brizguz y Bru (1738), Rieger (1763), Fornes y Gurrea (1841), Espinosa (1859), Marcos y Bausá (1879), Ger y Lobez (1898) and Barberot (1927).

46

Creamer, Cosette D. "Rewarding in International Law: It's About Time." AJIL Unbound 115 (2021): 216–20. http://dx.doi.org/10.1017/aju.2021.26.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

Анотація:

Anne van Aaken and Betül Simsek's article represents a significant contribution to the literature on international legal compliance. It pushes forward our understanding of the role that positive incentives play in its promotion, usefully highlights potential tradeoffs between positive and negative incentives, and identifies ways in which rewards and penalties may be employed together. While the authors suggest that a richer understanding of rewarding is useful for questions of institutional design, they purposefully focus on the compliance-side of the coin. This essay builds on their theoretical and conceptual ground-clearing to consider rewarding's implications for treaty negotiations and design. In doing so, it focuses on the role that time implicitly plays in the authors’ analysis and argues that assumptions about time horizons inflect all design calculations. For this reason, understandings of temporal dynamics should be foregrounded in both academic and policy realms.

47

Bibow, Jörg. "Stuck on the wrong track: 20 years of euro disillusion, denial, and delusion." European Journal of Economics and Economic Policies: Intervention 17, no. 2 (August 18, 2020): 139–55. http://dx.doi.org/10.4337/ejeep.2020.0065.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

Анотація:

This contribution assesses the functioning of Europe's Economic and Monetary Union (EMU) during the first 20 years of the euro's existence. It argues that two formative intellectual currents converged at Maastricht to shape the design and reception of the euro regime: ordoliberalism and neoliberalism. Germany's ordoliberalism inspired and shaped the euro regime design. Neoliberalism fashioned the reception of what was agreed at Maastricht under the influence of Bundesbank dogma and power. As a product of the zeitgeist, Europe got stuck with a deeply flawed euro regime. The Maastricht Treaty institutionalized an asymmetric (growth-unfriendly) policy regime. This suited the macroeconomic mainstream well, fighting the ‘1970s stagflation war’ for the past 40 years. Twenty years of euro disillusion have produced the exact opposite: ‘stagdeflation.’

48

Jeon, Kumar Sarker, and Giessen. "The Forest Policies of ASEAN and Montréal Process: Comparing Highly and Weakly Formalized Regional Regimes." Forests 10, no. 10 (October 21, 2019): 929. http://dx.doi.org/10.3390/f10100929.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

Анотація:

Forests are governed by a combination of sub-national and national as well as global and regional regimes. Comparing the institutional variation of regional regimes, including their degrees of formalization, is gaining attention of studies on regionalism in International Relations. This study attempts to analyse the ways in which the selected cases of the forest-related Association of Southeast Asian Nations (ASEAN) and forest-focused Montréal Process (MP) regional regimes may have synergetic overlaps or disparity in their institutional design and forest policy development. For this, we combined IR’s ‘rational institutional design’ theory and a policy analysis approach. Using a qualitative data approach, we analyzed key structure-related historical regime documents (e.g., charters) issued since the inception of both regimes, and their latest forest policy initiatives for the periods 2016–2025 (Strategic Plan of Action for ASEAN Cooperation on Forestry) and 2009–2015 (Conceptual Framework for the Montréal Process Strategic Action Plan) with all relevant policy documents since the adoption of current policies. Based on that, we pose the empirical questions of how both regimes illustrate governance structure (i.e., institutional design), and on the other hand how to explain regime forest policies coherently and consistently in terms of their high versus low degree of formality. The results show that institutional design is highly explanatory based on treaty and non-treaty regime formation as well as forest-related/focused regime formation with the synergistic sustainable forest management (SFM) issue that embraces deforestation and forest degradation, biodiversity, timber certification, and greenhouse gas emission. Additionally, the results suggest that the policy goals adopted by both regimes are coherent and consistent based on the full set of policy elements. Concerning the remedy for fragmented global forest governance arrangements, both regimes would be an example of practicing SFM-focused policies with the incorporation of forest-related policy elements into a larger governance assemblage dealing with issues such as biodiversity conservation or climate change mitigation.

49

Hopkinson, Sarah Alice. "Sea change: Designing curriculum for a bright and optimistic future." Set: Research Information for Teachers, no. 3 (December 20, 2020): 61–66. http://dx.doi.org/10.18296/set.0188.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

Анотація:

This commentary focuses on philosophical underpinnings that could guide a sea change in approaches to sustainability within English-medium curricula in Aotearoa. Framed optimistically, it engages with the possibilities that exist for Pākehā to transform relationships with tangata whenua and this land through regenerative curriculum design. Three Treaty of Waitangi principles provide the framework for illustrating the ways in which a more consciously designed curriculum could address persistent inequities and challenges. A set of reflective questions are included for schools and teachers to use as a basis for discussion.

50

Zerek, Amer R., Yosef S. Ettomi, and Othman A. Soltan. "Investigation and Simulation of an Alarm Security Monitoring System." Applied Mechanics and Materials 416-417 (September 2013): 1092–96. http://dx.doi.org/10.4028/www.scientific.net/amm.416-417.1092.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

Анотація:

Now days he digital systems are very popular and widely used in various engineering areas,especially in monitoring systems, these systems are simple to analysis and design; due to its use logic circuits in their system.This paper treaty of investigation simulation anddesign Alarm Security Monitoring system by using two scientific computer packages known as EWB and Circuit-Maker. The main rezones of using both of these computer packages because they are easy and friendly to use as well as the viability in the market so most of universities and institutes were used.

Статті в журналах з теми "Treaty design"

Оформте джерело за APA, MLA, Chicago, Harvard та іншими стилями