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Extraterritorial Application of Human Rights Treaties
Questions as to when a state owes obligations under a human rights treaty towards an individual located outside its territory are being brought more and more frequently before both international and domestic courts. Victims of aerial bombardment, inhabitants of territories under military occupation, deposed dictators, suspected terrorists detained in Guantanamo by the United States, and the family of a former KGB spy who was assassinated in London through the use of a radioactive toxin, allegedly at the orders or with the collusion of the Russian government — all of these people have claimed protection from human rights law against a state affecting their lives while acting outside its territory. These matters are extremely politically and legally sensitive, leading to much confusion, ambiguity and compromise in the existing case law. This study attempts to clear up some of this confusion, and expose its real roots. It examines the notion of state jurisdiction in human rights treaties, and places it within the framework of international law. It is not limited to an inquiry into the semantic, ordinary meaning of the jurisdiction clauses in human rights treaties, nor even to their construction into workable legal concepts and rules. Rather, the interpretation of these treaties cannot be complete without examining their object and purpose, and the various policy considerations which influence states in their behaviour, and courts in their decision-making. The book thus exposes the tension between universality and effectiveness, which is itself the cause of methodological and conceptual inconsistency in the case law. Finally, the work elaborates on the several possible models of the treaties' extraterritorial application. It offers not only a critical analysis of the existing case law, but explains the various options that are before courts and states in addressing these issues, as well as their policy implications.
eBook
Sticks and carrots for the design of international climate agreements with renegotiations
This paper examines renegotiations of international climate agreements for carbon abatement. We explore coalition stability under ‘optimal transfers’ that have been suggested to stabilise international environmental agreements (e.g. McGinty in Oxford Economic Papers 59, 45–62,
2007
). Such transfer schemes need to be refined when agreements are renegotiated. We determine the requirements that transfers between signatories of an international climate agreement must satisfy in order to stabilise the sequence of agreements that performs best in terms of provision of the public good ‘carbon abatement’. If these requirements are met, no country wants to change its membership status at any stage. In order to demonstrate the applicability of our result we use the STACO model, a 12-regions global model, to assess the impact of well-designed transfer rules on the stability of an international climate agreement. Although there are strong free-rider incentives, we find a stable grand coalition in the first commitment period in a game with one round of renegotiations if renegotations take place sufficiently early.
Journal Article
Mixed Agreements Revisited
Mixed agreements are one of the most significant and complex areas of EU external relations law. They are concluded by the Member States and the EU (or the European Community in the pre-Lisbon days) with third countries and international organisations. Their negotiation, conclusion and implementation raise important legal and practical questions (about competence, authority, jurisdiction, responsibility) and often puzzle not only experts in countries and organisations with which the EU works but also European experts and students. This book, based on papers presented at a conference organised by the Universities of Leiden and Bristol in May 2008 provides, a comprehensive and up-to-date analysis of the legal and practical problems raised by mixed agreements. In doing so, it brings together the leading international scholars in the area of EU external relations, including two Judges at the European Court of Justice and a Judge at the EFTA Court, along with legal advisors from EU institutions, Member States, and third countries. The book will be of interest to European and international law academics and students, officials in EU institutions, practitioners of EU and international law, political scientists and international relations scholars, and students of European law, politics, and international affairs.
eBook
Interpreting TRIPS
Protection of intellectual property rights (IPRs) has become a global issue. The Trade-Related Aspects of Intellectual Property (TRIPS) Agreement outlines the minimum standards for IPR protection for WTO members and offers a global regime for IPR protection. However, the benefits of TRIPS are more questionable in poorer countries where national infrastructure for research and development (R & D) and social protection are inadequate, whereas the cost of innovation is high. Today, after more than a decade of intense debate over global IPR protection, the problems remain acute, although there is also evidence of progress and cooperation. This book examines various views of the role of IPRs as incentives for innovation against the backdrop of development and the transfer of technology between globalised, knowledge-based, high technology economies. The book retraces the origins, content and interpretations of the TRIPS Agreement, including its interpretations by WTO dispute settlement organs. It also analyses sources of controversy over IPRs, examining pharmaceutical industry strategies of emerging countries with different IPR policies. The continuing international debate over IPRs is examined in depth, as are TRIPS rules and the controversy about implementing the ‘flexibilities’ of the Agreement in the light of national policy objectives. The author concludes that for governments in developing countries, as well as for their business and scientific communities, a great deal depends on domestic policy objectives and their implementation. IPR protection should be supporting domestic policies for innovation and investment. This, in turn requires a re-casting of the debate about TRIPS, to place cooperation in global and efficient R & D at the heart of concerns over IPR protection.
eBook
Renegotiations in the Greenhouse
International climate policies are being shaped in a process of ongoing negotiations. This paper develops a sequential game framework to explore the stability of international climate agreements allowing for multiple renegotiations. We analyse how the incentives to reach an international climate agreement in the first period will be impacted by the prospect of further negotiations in later periods and by the punishment options related to renegotiations. For this purpose we introduce a dynamic model of coalition formation with twelve world regions that captures the key features of the climate-economy impacts of greenhouse gas emissions. For a model with one round of renegotiations we find that a coalition of China and the United States is the unique renegotiation proof equilibrium. In a game with more frequent renegotiations we find that the possibility to punish defecting players helps to stabilise larger coalitions in early stages of the game. Consequently, several renegotiation proof equilibria emerge that outperform the coalition of China and USA in terms of abatement levels and global payoff. The Grand Coalition, however, is unstable.
Journal Article
The fundamentals of international human rights treaty law
This book has a simple objective: to present the fundamentals of international human rights treaty law in a way that can be helpful to the national leader, official, or legal adviser whose duty it is to help put a human rights treaty regime into the law and practice in his or her country. It is a book of international law, as provided for in the principal international and regional human rights treaties and draws upon the jurisprudence and practice of their monitoring organs.
eBook
The new sovereignty : compliance with international regulatory agreements
States resort to regulatory agreements to address problems as disparate as nuclear proliferation, international trade, species destruction, and intellectual property, while threatening military or economic sanctions in order to deter noncompliance. This book argues that this approach is misconceived, and proposes a new model of treaty compliance.
eBook
The Foundations of Ostpolitik
Based on recently released archival sources, this book analyses the German-Soviet negotiations leading to the conclusion of the Moscow Treaty of August 1970. This treaty was the linchpin of the ‘New Ostpolitik’ launched by Chancellor Willy Brandt's government as a policy of reconciliation and an attempt to normalize relations with the countries of the Eastern bloc. Focusing on the decision-making processes, both within the German domestic political system as well as within the international context, this book offers a new interpretation of the shift from confrontational to détente politics at this time, arguing that the Moscow Treaty was the product of various interrelated domestic and external factors. As the book shows, the change of government to a Social-Liberal coalition was the first important precondition for Ostpolitik, while the speedy conclusion of the Moscow Treaty owed much to the high degree of secrecy and centralization that characterized Brandt's policy-making and that of his small coterie of advisors. However, Brandt's predominance in the decision-making process does not mean that he alone determined the direction of policy. His room for manoeuvre was, amongst other things, constrained by his coalition's narrow parliamentary majority as well as the Western Allies'special rights. On the other hand, German-Soviet trade expansion, public opinion, and the emerging international interest in détente in the mid-1960s were crucial factors favouring Ostpolitik. It was in this configuration of circumstances that Brandt placed himself at the forefront of the movement towards détente between East and West by introducing his bold diplomatic design — one that had the reunification of Germany as its ultimate goal.
eBook