Relevant bibliographies by topics / International law theory

Academic literature on the topic 'International law theory'

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Published: 10 December 2022
Last updated: 28 January 2023

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Journal articles on the topic "International law theory"

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Vylegzhanin, Alexander N. "International Law versus Piracy: Issues in Legal Theory." International Journal of Psychosocial Rehabilitation 24, no. 1 (January 31, 2020): 25–42. http://dx.doi.org/10.37200/ijpr/v24i1/pr200104.

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Goldsmith, Jack, and Stephen D. Krasner. "Sovereignty, International Relations Theory, and International Law." Stanford Law Review 52, no. 4 (April 2000): 959. http://dx.doi.org/10.2307/1229436.

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Carty, Anthony. "Critical International Law: Recent Trends in the Theory of International Law." European Journal of International Law 2, no. 1 (January 1, 1991): 66–96. http://dx.doi.org/10.1093/ejil/2.1.66.

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Joyner, Christopher C. "International Law Is, as International Relations Theory Does?" American Journal of International Law 100, no. 1 (January 2006): 248–58. http://dx.doi.org/10.2307/3518860.

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Carty, A. "Theory of /or Theory instead of/ International Law." European Journal of International Law 8, no. 1 (January 1, 1997): 181–91. http://dx.doi.org/10.1093/oxfordjournals.ejil.a015541.

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Cantú Rivera, Humberto. "KOLB, Robert, Theory of International Law." Anuario Mexicano de Derecho Internacional 1, no. 18 (February 27, 2018): 623. http://dx.doi.org/10.22201/iij.24487872e.2018.18.12116.

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Goldsmith, Jack L., and Eric A. Posner. "A Theory of Customary International Law." University of Chicago Law Review 66, no. 4 (1999): 1113. http://dx.doi.org/10.2307/1600364.

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Hoffmann, Stanley, and Lea Brilmayer. "Applying Political Theory to International Law." Yale Law Journal 99, no. 7 (May 1990): 1707. http://dx.doi.org/10.2307/796658.

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GUO, Y. "International Humanitarian Law: Theory, Practice, Context." Chinese Journal of International Law 13, no. 2 (June 1, 2014): 465–68. http://dx.doi.org/10.1093/chinesejil/jmu016.

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Slaughter, Anne-Marie. "A Liberal Theory of International Law." Proceedings of the ASIL Annual Meeting 94 (2000): 240–49. http://dx.doi.org/10.1017/s0272503700055919.

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Dissertations / Theses on the topic "International law theory"

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Owuor, Elijah. "Theory of International Law: Basic Human Rights Conception of the International Law." Digital Archive @ GSU, 2008. http://digitalarchive.gsu.edu/philosophy_hontheses/3.

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The incidents of human rights violations have increasingly captured the international attention. I think that part of the reasons for human rights violations is because of the foundational theories of the current international law. In this thesis project, I argue that basic human rights should be the moral foundation of the international law. I achieved my goal in several steps. In the first section, I introduced the thesis project; I also outline my objectives. In the second section, I briefly define human rights, basic human rights, and provided the scope of basic human rights. In the third section, I provided my argument that basic human rights should be the moral foundations of the international law; provide criterion of state legitimacy; I critiqued the United Nations in the context of my arguments. Finally, I concluded by formulating the international basic human rights law.
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Owuor, Elijah Medego. "Theory of international law basic human rights conception of the international law /." restricted, 2008. http://etd.gsu.edu/theses/available/etd-05192008-125514/.

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Thesis (B.A. Honors)--Georgia State University, 2008.
Title from file title page. Robert Sattelmeyer, Andrew Jason Cohen, committee members. Electronic text (34 p.) : digital, PDF file. Description based on contents viewed October 26, 2008. Includes bibliographical references (p. 34).
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Searl, Mark. "A normative theory of international law based on new natural law theory." Thesis, London School of Economics and Political Science (University of London), 2014. http://etheses.lse.ac.uk/999/.

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This thesis articulates a normative theory of international law based on new natural law theory. New natural law theory is a theory of ethics, politics, and law that is based on the classical natural law doctrine of Thomas Aquinas. The primary reference point of the thesis in relation to new natural law theory is the work of John Finnis, who in Natural Law and Natural Rights and subsequent writings elaborates the theory in the consideration of fundamental concepts in political philosophy and legal theory. The thesis examines the tenets of new natural law theory regarding the common good, authority, law, justice, human rights, and legal obligation, and uses these to formulate normative claims regarding the moral purpose of international law and the moral standards that international law should satisfy in light of its purpose. The thesis posits the existence of an ‘international common good’, encompassing a set of supranational conditions that are instrumental to human welfare and that require international cooperation for their realisation. The thesis claims that the primary moral purpose of international authority and international law is to further the international common good through resolving the coordination problems of the international community of states. Identifying ‘principles of justice’ for international law, the thesis asserts that positive international law should promote and demonstrate respect for human rights, and should also promote and protect the international common good. The thesis further argues that states have a general moral obligation to obey international law, based primarily on the necessity of state compliance with international laws in order to facilitate the effectiveness of such laws in promoting the international common good. These claims are elaborated with reference to existing features of international law, and through comparison with existing normative and non-normative perspectives in international legal theory on the concepts considered.
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Nicholson, M. C. "The 'idea' of international law : a critical theory." Thesis, University College London (University of London), 2013. http://discovery.ucl.ac.uk/1389070/.

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On the basis of Frankfurt School critical theory and, in particular, the work of Walter Benjamin and Theodor Adorno, this thesis argues for an original, critical theory of international law’s ontology and practice. That argument develops out of a critique of three theoretical approaches to international law – the technological-industrial or positivist approach, the New Haven, legal realist approach, and the Critical Legal Studies, discourse approach. The recent debate concerning the fragmentation of international law is used, in chapter one, to illustrate the interaction between these three approaches and their limitations. The ultimate aim of the thesis is to present and defend a theory of international law based on the representation of life, reality, and nature as an alternative to theoretical approaches which emphasise legal control and domination of life, reality, and nature.
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Nicholson, Rowan Alexander. "A theory of statehood and personality in international law." Thesis, University of Cambridge, 2017. https://www.repository.cam.ac.uk/handle/1810/270074.

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Which political entities have personality in international law? ‘States’ is an inadequate answer. Historically, the term has not always designated a stable, legally meaningful category of entities, nor have states been the sole political entities with rights and duties. Moreover – contrary to traditional views – there is more than one means of acquiring statehood, with the consequence that not all states are alike in legal terms. This thesis offers an explanation of the personality of states and other political entities that takes this complexity into account. The first chapter of the thesis presents a definition of the personality of political entities. The definition draws on W N Hohfeld’s approach to rights and duties and requires a person to have at least one right or duty in his sense. This emphasises that personality is primarily about conduct: international law regulates conduct by persons towards other persons. Chapter 2 investigates the personality of political entities before the twentieth century, focusing on the question of what differences existed between Western states and the empires, chiefdoms, and other political entities found elsewhere in the world. This question was significant for the emergence of a stable concept of statehood. Chapter 3 examines the general rules about statehood. It rejects both the view that statehood always depends on criteria of effectiveness and the view that statehood always depends on recognition. The most persuasive view is that statehood can be acquired either by effectiveness or by recognition (with some qualifications: notably, recognition may create statehood relative only to some other states). This explains, among other things, how states can survive extended periods of anarchy. Chapter 4 deals with exceptions to the general rules, showing that recognition usually cannot be used to breach an existing state’s territorial integrity and that the role of peremptory norms must be reassessed in light of the existence of two alternative means of acquiring statehood. The final chapter concerns the possibility that political entities may have personality short of statehood.
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Hessler, Kristen M. "A theory of interpretation for international human rights law." Diss., The University of Arizona, 2001. http://hdl.handle.net/10150/279864.

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A complete theory of interpretation for human rights law must answer two kinds of questions. First: Who should interpret international human rights law? Second: What principles should guide the interpretation of human rights law? Individual governments frequently claim the right to interpret international law as it applies to them, but this claim is contested by many United Nations subgroups and by nongovernmental organizations like Amnesty International. I argue that international institutions are more likely to give a fair hearing to people's human rights than are their own governments. Accordingly, we can conclude as a general rule that international institutions should be assigned authority to interpret international human rights law. The general rule has an exception, however. Democratic states that protect basic freedoms of speech and assembly will promote and protect their own citizens' human rights better than undemocratic states. Moreover, free democratic states, by giving a voice to all citizens, can take advantage of local knowledge about particular human rights problems and solutions, and so are more likely than international institutions to interpret human rights law with a sensitivity to the human rights of all citizens and to the locally important human rights issues. Therefore, unlike other states, liberal democratic states should have the authority to interpret international human rights law as it applies within their borders. What principles should guide the interpretation of human rights law? The answer depends on whether we take a short- or long-term perspective. Currently, the institutions of international law are relatively ineffective when compared to most domestic legal systems. While this remains the case, a principle allowing interpreters to use their judgment about moral human rights in interpreting human rights law can be justified on the basis of the contribution this would make to global deliberation about the proper understanding of moral human rights. As human rights law develops more effective, less voluntaristic institutions, this principle of interpretation should be phased out.
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Bsoul, Labeeb Ahmed. "International treaties (muahadat) in Islam : theory and practice in the light of siyar (Islamic international law)." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=19495.

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This dissertation seeks to explain the viewpoint of Islamic international law {siyar) with respect to the various aspects of treaties {mu'abadat) with non-Muslims. The siyar deals with (the notion) of mutual relations between Muslims and non-Muslims during times of war and peace, and thus has become an intrinsic branch of the Shari'a. The varying nature of siyar and its changing interpretation throughout Islamic history captured the attention of a number of jurists and historians from both the classical and modem times, whose works have been frequently consulted throughout this study. In the course of classical and pre-modem Islamic history, treaty-making continued to evolve and contributed to shaping both political and social relations between Muslims and non-Muslims. Non-Muslim residents in Islamic territories {dar al-Islam), such as the abl al-dhimma and ahl al-aman, were dealt with as existing identities within Islam and were also dealt with by the means of contracts ('aqd), which determined their status under siyar. Relations between Muslims and non-Islamic territories {dar al-harb) were detennined by the conditions of peace and war, and treaties between the two were regulated according to the precedent set by siyar. The treaties selected for this dissertation cover the full spectrum of what Muslims and non-Muslims could do to develop and protect the interest of their communities. Thus, this study aims to shed some bight on a relatively untouched branch of Islamic law, while also elucidating the social ramifications of legal theory and practice.
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Amos, Robert. "The protection of plants in international law, theory and practice." Thesis, University of Sussex, 2017. http://sro.sussex.ac.uk/id/eprint/71815/.

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This thesis provides a comprehensive overview of international environmental law as it relates to plants. In doing so, it offers new perspectives on some of the key debates in the law, as well as on humanity's relationship with the natural world. The first part of the thesis looks at the philosophical rationales for giving legal protection to plants. Drawing on the literature relating to value, different interpretations of the value of plants are identified, including instrumental, intrinsic and ecological. Each interpretation is then tracked in international conservation law and policy. An almost exclusively anthropocentric picture is revealed, and the implications of this for conservation policy and practice are discussed. Attention then turns to global and regional approaches to protecting plants. First, the construction and content of key legal agreements are assessed against a range of criteria for effectiveness. Second, an analysis of the design and form of conservation mechanisms is conducted, focussing on the extent to which protected areas reflect the ecological needs of plants and the representativeness of lists of protected and endangered species. In each case the law is found to fall short, and proposals on how to address this are given. In the third part of the thesis, how the law responds to some of the main threats to plants, namely climate change, international trade and alien/invasive species, is considered. Each impacts on plants in different ways and has been subject to very different legal responses. In each case, however, weaknesses can be identified that undermine the law's ability to adequately protect plants. Finally, the extent to which the law supports and frustrates the work of conservation practitioners is examined. As well as offering practical reforms to make the law a better tool for practitioners, consideration is given to wider governance reforms to international environmental law.
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Haflidadottir, Helga. "The progressive development of international enforcement : public international law and compliance with environmental obligations." Thesis, University of St Andrews, 2018. http://hdl.handle.net/10023/14459.

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This thesis is concerned with the progressive development of international enforcement. In effect, it explores the normative pull of international law and its influence on compliance with international environmental obligations. Moreover, it looks to the notion of progress in international law and assesses its influence within the sphere of international enforcement. In recent decades, the effect of contemporary environmental challenges on the enjoyment of various values and rights have become more apparent. It is in light of this present situation that this thesis explores the progressive development of international enforcement. Furthermore, it is in light of this situation that the thesis makes a claim for enhanced compliance with international environmental obligations. The thesis main argument is that the normative pull of international law can increase the effectiveness of international enforcement within the context of some international environmental obligations. Furthermore, the thesis posits that looking to the notion of progress in international law can advance an understanding of how the normative pull impacts the authority and legitimacy of international enforcement measures. To that end, it is argued that the notion of progress in international law, by coinciding with authority in international law, justifies coercive enforcement actions; and further, that the notion of progress, by influencing the legitimacy of international enforcement, contributes to the necessity of compliance. In effect the notion of progress in international law, therefore, has the capacity to influence compliance with international environmental obligations. In order to contextualise the theoretical arguments and assumptions made, the thesis looks to two international environmental obligations: The obligation to avert the cause of climate change and the obligation to preserve and protect the marine environment.
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Nicolaas, Buitendag. "States of Exclusion : A Critical Systems Theory Reading of International Law." Kyoto University, 2020. http://hdl.handle.net/2433/258981.

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Books on the topic "International law theory"

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Craig, Forcese, and Oosterveld Valerie, eds. International law: Doctrine, practice, and theory. Toronto: Irwin Law, 2007.

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Schachter, Oscar. International law in theory and practice. Dordrecht, The Netherlands: M. Nijhoff Publishers, 1991.

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Knop, Karen. History and theory of international law. 2nd ed. Toronto]: Faculty of Law, University of Toronto, 2009.

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International trade law: Theory and practice. 2nd ed. Albany, NY: M. Bender, 2000.

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He, Zhipeng, and Lu Sun. A Chinese Theory of International Law. Singapore: Springer Singapore, 2020. http://dx.doi.org/10.1007/978-981-15-2882-8.

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Kawaguchi, Kazuko Hirose. A Social Theory of International Law. Dordrecht: Springer Netherlands, 2003. http://dx.doi.org/10.1007/978-94-017-4978-7.

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Andenæs, Mads Tønnesson, and Camilla Baasch Andersen. Theory and practice of harmonisation. Cheltenham, UK: Edward Elgar, 2011.

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Guzman, Andrew T. The theory of international law: Intensive course. Toronto]: Faculty of Law, University of Toronto, 2008.

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International trade law: Interdisciplinary theory and practice. 3rd ed. Newark, NJ: LexisNexis Matthew Bender, 2007.

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Rech, Walter. Enemies of mankind: Vattel's theory of collective security. Leiden: Martinus Nijhoff Publishers, 2013.

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Book chapters on the topic "International law theory"

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Anand, Ruchi. "International Relations Theory Meets International Law." In Self-Defense in International Relations, 13–41. London: Palgrave Macmillan UK, 2009. http://dx.doi.org/10.1057/9780230245747_2.

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Sellers, M. N. S. "Republican Principles in International Law." In Republican Legal Theory, 120–38. London: Palgrave Macmillan UK, 2003. http://dx.doi.org/10.1057/9780230513402_15.

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Bobbitt, Philip. "Public International Law." In A Companion to Philosophy of Law and Legal Theory, 103–18. Oxford, UK: Wiley-Blackwell, 2010. http://dx.doi.org/10.1002/9781444320114.ch5.

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Rigo, Enrica. "Critical Theory and International Law." In Encyclopedia of the Philosophy of Law and Social Philosophy, 1–8. Dordrecht: Springer Netherlands, 2021. http://dx.doi.org/10.1007/978-94-007-6730-0_181-1.

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Moore, Matthew J. "Buddhism and International Law." In Comparative Political Theory in Time and Place, 51–77. New York: Palgrave Macmillan US, 2016. http://dx.doi.org/10.1057/978-1-137-52815-5_3.

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Jones, Emily. "International Law and the Nonhuman." In Feminist Theory and International Law, 27–55. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003363798-2.

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Dahlbeck, Moa De Lucia. "A Spinozistic theory of international law." In Spinoza, Ecology and International Law, 118–40. Abingdon, Oxon ; New York, NY : Routledge, 2019. | Series: Law, justice and ecology: Routledge, 2018. http://dx.doi.org/10.4324/9781315177267-6.

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Zorzi Giustiniani, Flavia. "International Solidarity: From Theory to Practice." In International Law in Disaster Scenarios, 147–68. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-50597-4_8.

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Hanson, Jon, Kathleen Hanson, and Melissa Hart. "Game Theory and the Law." In International Series in Operations Research & Management Science, 233–63. Boston, MA: Springer US, 2013. http://dx.doi.org/10.1007/978-1-4614-7095-3_9.

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Kawaguchi, Kazuko Hirose. "The Relationship of the Present Theory to Parsons’ Theory." In A Social Theory of International Law, 121–35. Dordrecht: Springer Netherlands, 2003. http://dx.doi.org/10.1007/978-94-017-4978-7_5.

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Conference papers on the topic "International law theory"

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Bench-Capon, Trevor, and Giovanni Sartor. "Theory based explanation of case law domains." In the 8th international conference. New York, New York, USA: ACM Press, 2001. http://dx.doi.org/10.1145/383535.383537.

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Kornilova, Natalya V. "Common Property Law: Issues Of Theory And Practice." In International Scientific Conference. European Publisher, 2022. http://dx.doi.org/10.15405/epsbs.2022.06.57.

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Falahatgar, Moein, Ashkan Jafarpour, Alon Orlitsky, Venkatadheeraj Pichapati, and Ananda Theertha Suresh. "Universal compression of power-law distributions." In 2015 IEEE International Symposium on Information Theory (ISIT). IEEE, 2015. http://dx.doi.org/10.1109/isit.2015.7282806.

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Iwai, Hiroshi. "End of the scaling theory and Moore's law." In 2016 16th International Workshop on Junction Technology (IWJT). IEEE, 2016. http://dx.doi.org/10.1109/iwjt.2016.7486661.

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Harremoes, Peter, Oliver Johnson, and Ioannis Kontoyiannis. "Thinning and the Law of Small Numbers." In 2007 IEEE International Symposium on Information Theory. IEEE, 2007. http://dx.doi.org/10.1109/isit.2007.4557433.

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Yanfei, Cheng, Liu Yang, and Liu Lian. "Empirical Analysis of Retail Format's Evolution Law Theory." In 2012 International Conference on Business Computing and Global Informatization (BCGIN). IEEE, 2012. http://dx.doi.org/10.1109/bcgin.2012.30.

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"Developing an Entrepreneur: Theory of Cycle 6." In International Conference on Law, Management and Humanities. International Centre of Economics, Humanities and Management, 2014. http://dx.doi.org/10.15242/icehm.ed0614003.

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Korada, Satish Babu, Andrea Montanari, Emre Telatar, and Rudiger Urbanke. "An empirical scaling law for polar codes." In 2010 IEEE International Symposium on Information Theory - ISIT. IEEE, 2010. http://dx.doi.org/10.1109/isit.2010.5513579.

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Das, Abhik Kumar, Praneeth Netrapalli, Sujay Sanghavi, and Sriram Vishwanath. "Learning structure of power-law Markov networks." In 2014 IEEE International Symposium on Information Theory (ISIT). IEEE, 2014. http://dx.doi.org/10.1109/isit.2014.6875238.

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Cover, T., and D. Julian. "Concavity of the second law of thermodynamics." In IEEE International Symposium on Information Theory, 2003. Proceedings. IEEE, 2003. http://dx.doi.org/10.1109/isit.2003.1228070.

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Reports on the topic "International law theory"

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Carty, Anthony, and Jing Gu. Theory and Practice in China’s Approaches to Multilateralism and Critical Reflections on the Western ‘Rules-Based International Order’. Institute of Development Studies (IDS), October 2021. http://dx.doi.org/10.19088/ids.2021.057.

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China is the subject of Western criticism for its supposed disregard of the rules-based international order. Such a charge implies that China is unilateralist. The aim in this study is to explain how China does in fact have a multilateral approach to international relations. China’s core idea of a community of shared future of humanity shows that it is aware of the need for a universal foundation for world order. The Research Report focuses on explaining the Chinese approach to multilateralism from its own internal perspective, with Chinese philosophy and history shaping its view of the nature of rules, rights, law, and of institutions which should shape relationships. A number of case studies show how the Chinese perspectives are implemented, such as with regards to development finance, infrastructure projects (especially the Belt and Road Initiative), shaping new international organisations (such as the Asian Infrastructure Investment Bank), climate change, cyber-regulation and Chinese participation in the United Nations in the field of human rights and peacekeeping. Looking at critical Western opinion of this activity, we find speculation around Chinese motives. This is why a major emphasis is placed on a hermeneutic approach to China which explains how it sees its intentions. The heart of the Research Report is an exploration of the underlying Chinese philosophy of rulemaking, undertaken in a comparative perspective to show how far it resembles or differs from the Western philosophy of rulemaking.
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Silverman, Allison. Summary: Using International Law to Advance Women’s Tenure Rights in REDD+. Rights and Resources Initiative, June 2015. http://dx.doi.org/10.53892/ymup2358.

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Reducing Emissions from Deforestation and Forest Degradation (REDD+) is a voluntary international initiative to reduce greenhouse gas emissions from deforestation and forest degradation and to promote conservation and sustainable management of forests. It has significant implications for tenure rights, including for women. Although women use forests to support their own as well as their families’ livelihoods, they are frequently overlooked as key stakeholders. Women often face discrimination in resource management processes, largely through unequal, insecure, or unclear tenure rights. Hence, there is a significant risk that the implementation of REDD+ could exacerbate existing inequalities for women. Securing women’s tenure rights is fundamental, as tenure rights provide recognized rights-holders with the ability to be involved in and to benefit from the design and implementation of REDD+ activities.
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Gordon, Eleanor, and Briony Jones. Building Success in Development and Peacebuilding by Caring for Carers: A Guide to Research, Policy and Practice to Ensure Effective, Inclusive and Responsive Interventions. University of Warwick Press, April 2021. http://dx.doi.org/10.31273/978-1-911675-00-6.

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The experiences and marginalisation of international organisation employees with caring responsibilities has a direct negative impact on the type of security and justice being built in conflict-affected environments. This is in large part because international organisations fail to respond to the needs of those with caring responsibilities, which leads to their early departure from the field, and negatively affects their work while in post. In this toolkit we describe this problem, the exacerbating factors, and challenges to overcoming it. We offer a theory of change demonstrating how caring for carers can both improve the working conditions of employees of international organisations as well as the effectiveness, inclusivity and responsiveness of peace and justice interventions. This is important because it raises awareness among employers in the sector of the severity of the problem and its consequences. We also offer a guide for employers for how to take the caring responsibilities of their employees into account when developing human resource policies and practices, designing working conditions and planning interventions. Finally, we underscore the importance of conducting research on the gendered impacts of the marginalisation of employees with caring responsibilities, not least because of the breadth and depth of resultant individual, organisational and sectoral harms. In this regard, we also draw attention to the way in which gender stereotypes and gender biases not only inform and undermine peacebuilding efforts, but also permeate research in this field. Our toolkit is aimed at international organisation employees, employers and human resources personnel, as well as students and scholars of peacebuilding and international development. We see these communities of knowledge and action as overlapping, with insights to be brought to bear as well as challenges to be overcome in this area. The content of the toolkit is equally relevant across these knowledge communities as well as between different specialisms and disciplines. Peacebuilding and development draw in experts from economics, politics, anthropology, sociology and law, to name but a few. The authors of this toolkit have come together from gender studies, political science, and development studies to develop a theory of change informed by interdisciplinary insights. We hope, therefore, that this toolkit will be useful to an inclusive and interdisciplinary set of knowledge communities. Our core argument - that caring for carers benefits the individual, the sectors, and the intended beneficiaries of interventions - is relevant for students, researchers, policy makers and practitioners alike.
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Silverman, Allison. Using International Law to Advance Women’s Tenure Rights in REDD+. Rights and Resources Initiative, June 2015. http://dx.doi.org/10.53892/uyna2326.

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Reducing Emissions from Deforestation and Forest Degradation (REDD+) is an international initiative to mitigate climate change in the forest sector. It is intended to incentivize developing countries to reduce greenhouse gas emissions from deforestation and forest degradation, as well as promote sustainable management of forests, and conservation and enhancement of forest carbon stocks. REDD+ has significant implications for land and resource rights, and raises particular concerns for women. These concerns arise from discrimination that women already face in resource management processes, largely due to unclear, unsecure and unequal tenure rights. Women represent a large percentage of the world’s poor, and they are often directly dependent on natural resources. As a result, there are significant risks that REDD+ could exacerbate existing inequalities for women if it fails to respect women’s tenure rights. This paper makes a case for advancing women’s tenure rights and how international law can be used to promote those rights in the context of REDD+.
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Lewis, Dustin, Naz Modirzadeh, and Gabriella Blum. Medical Care in Armed Conflict: International Humanitarian Law and State Responses to Terrorism. Harvard Law School Program on International Law and Armed Conflict, September 2015. http://dx.doi.org/10.54813/hwga7438.

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The surge in armed conflicts involving terrorism has brought to the fore the general question of medical care in armed conflict and the particular legal protections afforded to those providing such care to terrorists. Against this backdrop, we evaluate international humanitarian law (IHL) protections for wartime medical assistance concerning terrorists. Through that lens, we expose gaps and weaknesses in IHL. We also examine tensions between IHL and state responses to terrorism more broadly. In studying the IHL regime applicable to medical care, substantive fragmentation and gaps in legal protection between states and across types of conflict emerge. These ruptures are not new. But they are increasingly noticeable as terrorism is more frequently conceptualized as forming part of armed conflicts and as more states undertake aggressive responses to terrorist threats. The U.N. Security Council has been a key driver of these responses, requiring member states to take more and broader steps to obviate terrorist threats. Yet so far the Council has not required that, in doing so, states fully exempt impartial wartime medical care, even in circumstances that would render such care protected under IHL. Rather, the Council seems to consider providing medical assistance and supplies to al-Qaeda and its associates as at least a partial ground for designating those who facilitate such care as terrorists themselves. The overall result today is unsatisfactory. By prosecuting physicians for supporting terrorists through medical care in armed conflicts, some states are likely violating their IHL treaty obligations. But in certain other instances where states intentionally curtail impartial medical care there is no clear IHL violation. Both those actual IHL violations and the lack of clear IHL violations, we think, are cause for concern. The former represent failures to implement the legal regime. And the latter highlight the non-comprehensiveness - or, at least, the indeterminateness and variability - of the normative framework.
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Lewis, Dustin. Three Pathways to Secure Greater Respect for International Law concerning War Algorithms. Harvard Law School Program on International Law and Armed Conflict, 2020. http://dx.doi.org/10.54813/wwxn5790.

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Existing and emerging applications of artificial intelligence in armed conflicts and other systems reliant upon war algorithms and data span diverse areas. Natural persons may increasingly depend upon these technologies in decisions and activities related to killing combatants, destroying enemy installations, detaining adversaries, protecting civilians, undertaking missions at sea, conferring legal advice, and configuring logistics. In intergovernmental debates on autonomous weapons, a normative impasse appears to have emerged. Some countries assert that existing law suffices, while several others call for new rules. Meanwhile, the vast majority of efforts by States to address relevant systems focus by and large on weapons, means, and methods of warfare. Partly as a result, the broad spectrum of other far-reaching applications is rarely brought into view. One normatively grounded way to help identify and address relevant issues is to elaborate pathways that States, international organizations, non-state parties to armed conflict, and others may pursue to help secure greater respect for international law. In this commentary, I elaborate on three such pathways: forming and publicly expressing positions on key legal issues, taking measures relative to their own conduct, and taking steps relative to the behavior of others. None of these pathways is sufficient in itself, and there are no doubt many others that ought to be pursued. But each of the identified tracks is arguably necessary to ensure that international law is — or becomes — fit for purpose. By forming and publicly expressing positions on relevant legal issues, international actors may help clarify existing legal parameters, pinpoint salient enduring and emerging issues, and detect areas of convergence and divergence. Elaborating legal views may also help foster greater trust among current and potential adversaries. To be sure, in recent years, States have already fashioned hundreds of statements on autonomous weapons. Yet positions on other application areas are much more difficult to find. Further, forming and publicly expressing views on legal issues that span thematic and functional areas arguably may help States and others overcome the current normative stalemate on autonomous weapons. Doing so may also help identify — and allocate due attention and resources to — additional salient thematic and functional areas. Therefore, I raise a handful of cross-domain issues for consideration. These issues touch on things like exercising human agency, reposing legally mandated evaluative decisions in natural persons, and committing to engage only in scrutable conduct. International actors may also take measures relative to their own conduct. To help illustrate this pathway, I outline several such existing measures. In doing so, I invite readers to inventory and peruse these types of steps in order to assess whether the nature or character of increasingly complex socio-technical systems reliant upon war algorithms and data may warrant revitalized commitments or adjustments to existing measures — or, perhaps, development of new ones. I outline things like enacting legislation necessary to prosecute alleged perpetrators of grave breaches, making legal advisers available to the armed forces, and taking steps to prevent abuses of the emblem. Finally, international actors may take measures relative to the conduct of others. To help illustrate this pathway, I outline some of the existing steps that other States, international organizations, and non-state parties may take to help secure respect for the law by those undertaking the conduct. These measures may include things like addressing matters of legal compliance by exerting diplomatic pressure, resorting to penal sanctions to repress violations, conditioning or refusing arms transfers, and monitoring the fate of transferred detainees. Concerning military partnerships in particular, I highlight steps such as conditioning joint operations on a partner’s compliance with the law, planning operations jointly in order to prevent violations, and opting out of specific operations if there is an expectation that the operations would violate applicable law. Some themes and commitments cut across these three pathways. Arguably, respect for the law turns in no small part on whether natural persons can and will foresee, understand, administer, and trace the components, behaviors, and effects of relevant systems. It may be advisable, moreover, to institute ongoing cross-disciplinary education and training as well as the provision of sufficient technical facilities for all relevant actors, from commanders to legal advisers to prosecutors to judges. Further, it may be prudent to establish ongoing monitoring of others’ technical capabilities. Finally, it may be warranted for relevant international actors to pledge to engage, and to call upon others to engage, only in armed-conflict-related conduct that is sufficiently attributable, discernable, and scrutable.
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Pakko, Michael R. International Risk Sharing and Low Cross-Country Consumption Correlations: Are They Really Inconsistent? Federal Reserve Bank of St. Louis, 1994. http://dx.doi.org/10.20955/wp.1994.019.

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8

Hicks, Jacqueline. Drivers of Compliance with International Human Rights Treaties. Institute of Development Studies (IDS), August 2021. http://dx.doi.org/10.19088/k4d.2021.130.

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Are international human rights treaties associated with better rights performance? The appetite for a conclusive answer has driven a number of large scale quantitative studies that have broadly shown little or no effect, and sometimes even a backsliding. However, the headline conclusions belie much more complicated findings, and the research methods used are controversial. These issues undermine confidence in the findings. Comparative and individual case studies allow for more detailed information about how domestic human rights activists use international human rights laws in practice. They tend to be more positive about the effect of treaties, but they are not as systematic as the quantitative work. Some indirect measures of treaty effect show that the norms contained within them filter down into domestic constitutions, and that the process of human rights reporting at the UN may be useful if dialogue can be considered an a priori good. It is likely that states are driven to comply with human rights obligations through a combination of dynamic influences. Drivers of compliance with international law is a major, unresolved question in the research that is heavily influenced by the worldview of researchers. The two strongest findings are: Domestic context drives compliance. In particular: (1) The strength of domestic non-governmental organisations (NGOs), and links with international NGOs (INGOs), and (2) in partial and transitioning democracies where locals have a reason to use the treaties as tools to press their claims. External enforcement may help drive compliance when: (1) other states link human rights obligations in the treaties to preferential trade agreements, and (2) INGOs ‘name and shame’ human rights violations, possibly reducing inward investment flows from companies worried about their reputation. Scholars also identify intermediate effects of continued dialogue and norm socialisation from the UN’s human rights reporting processes. Interviews with diplomats involved in UN reporting say that the process is more effective when NGOs and individual governments are involved.
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Hicks, Jacqueline. Approaches to Combatting Modern Slavery in Supply Chains. Institute of Development Studies (IDS), June 2021. http://dx.doi.org/10.19088/k4d.2022.004.

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The purpose of this rapid review is to lay out some of the general approaches used by both business and government to tackle ‘modern slavery’ in international business supply chains, and locate evidence of their effectiveness International institutions have been encouraging large international businesses to tackle modern slavery by offering guidelines on how to investigate the issue in their supply chains (‘due diligence’), but their implementation, and ‘auditing’ is highly variable. National governments are increasingly mandating businesses through legislation to report on what they do. More recently, governments have begun imposing a legal duty of care on parent companies which means they can be held responsible for what their subsidiaries do. Key findings are: There is no consistency in how international companies currently implement the due diligence guidelines; The design of national disclosure legislation is generally judged to be flawed. There is medium compliance in terms of quantity of company reports and low compliance in terms of quality; The design of national disclosure legislation is generally judged to be flawed. There is medium compliance in terms of quantity of company reports and low compliance in terms of quality. Overall, the evidence on forced labour and modern slavery is recognised as being “dangerously thin and riddled with bias” (LeBaron, 2018, p.1). It is difficult to research directly because of its illegality, the involvement of powerful interests, and the potential to further endanger highly vulnerable workers. Nevertheless, there is a very large number of articles and reports written on the issue, particularly from the last five years. The main sources used in this review came from both grey literature and academic literature.
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Michel, Bob, and Tatiana Falcão. Taxing Profits from International Maritime Shipping in Africa: Past, Present and Future of UN Model Article 8 (Alternative B). Institute of Development Studies (IDS), November 2021. http://dx.doi.org/10.19088/ictd.2021.023.

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International maritime shipping is an essential part of global business. Since the establishment of the current international tax regime in the 1920s, there has been a consensus that profits generated by this business are taxable only in the residence state –the state where the shipowners are located. Source states – the port states where business physically takes place – are generally expected to exempt income from international shipping. This standard is currently reflected in Article 8 of the OECD Model and Article 8 (Alternative A) of the UN Model, and is incorporated in the vast majority of bilateral tax treaties currently in force. Exclusive residence state taxation of shipping profits is problematic when the size of mercantile fleets and shipping flows between two states are of unequal size. This is often the case in relations between a developed and developing country. The latter often lack a substantial domestic mercantile fleet, but serve as an important revenue-generating port state for the fleet of the developed country. To come to a more balanced allocation of taxing rights in such a case, a source taxation alternative has been inserted in UN Model Article 8 (Alternative B). From its inception, Article 8B has been labelled impractical due to the lack of guidance on core issues, like sourcing rules and profit allocation. This gap is said to explain the low adoption rate of Article 8B in global tax treaty practice. In reality, tax treaty practice regarding Article 8B is heavily concentrated and flourishing in a handful of countries in South/South-East Asia – Bangladesh, India, Indonesia, Myanmar, Pakistan, the Philippines, Sri Lanka and Thailand. All these countries subject non-resident shipping income to tax in their domestic income tax laws. Except for India, all countries are able to exercise these domestic tax law rules in relation to shipping enterprises located in the biggest shipowner states, either because they have a treaty in place that provides for source taxation or because there is no treaty at all and thus no restriction of domestic law. None of the relevant tax treaties contain a provision that incorporates the exact wording of Article 8B of the UN Model. If other countries, like coastal countries in sub-Saharan Africa, are looking to implement source taxation of maritime shipping income in the future, they are advised to draw on the South/South-East Asian experience. Best practice can be distilled regarding sourcing rule, source tax limitation, profit attribution and method of taxation (on gross or net basis). In addition to technical guidance on tax, the South/South-East Asian experience also provides important general policy considerations countries should take into account when determining whether source taxation of maritime shipping profits is an appropriate target for their future tax treaty negotiations.
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