Articles de revues : « International law – Developing countries »

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Page, Sheila. « Integrating Developing Countries into International Economics ». Development Policy Review 7, n^o 3 (septembre 1989) : 296–305. http://dx.doi.org/10.1111/j.1467-7679.1989.tb00134.x.

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Gupta, Joyeeta. « International Law and Climate Change : The Challenges Facing Developing Countries ». Yearbook of International Environmental Law 16, n^o 1 (1 janvier 2005) : 119–53. http://dx.doi.org/10.1093/yiel/16.1.119.

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Ozai, Ivan. « Two Accounts of International Tax Justice ». Canadian Journal of Law & ; Jurisprudence 33, n^o 2 (8 juin 2020) : 317–39. http://dx.doi.org/10.1017/cjlj.2020.8.

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The contemporary international tax regime has been increasingly criticized over the years from varied perspectives, particularly as to the unfairness it produces for developing countries. Some commentators argue it is unjust due to the lack of participation of developing countries in the policymaking process on an equal footing. Others suggest the international tax regime was designed by affluent countries to respond to self-interested goals. Some note that its current institutional design creates opportunities for tax competition and avoidance, which more seriously affect developing economies due to their relative dependence on corporate income tax and their greater vulnerability to capital mobility. Others specifically criticize how taxing rights, that is, the entitlement of countries to tax cross-border transactions, are currently allocated between home and host countries and how they disfavour capital-importing, developing countries.

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Yang, Jian, David A. Bessler et David J. Leatham. « The Law of One Price : Developed and Developing Country Market Integration ». Journal of Agricultural and Applied Economics 32, n^o 3 (décembre 2000) : 429–40. http://dx.doi.org/10.1017/s107407080002054x.

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AbstractThe Law of One Price (LOP) is important to models of international trade and exchange rate determination. This study investigates a variant of the LOP applied to developed and developing countries. The competing hypotheses are (1) that one price prevails in both developed and developing countries and (2) that one price prevails in developed countries and another single price in developing countries. Using data from an internationally competitive commodity (soybean meal), we found evidence favors the first hypothesis, although two large developing countries under study are active participants in regional trade integration, which may bias them against the first hypothesis.

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Horberry, John. « International organization and EIA in developing countries ». Environmental Impact Assessment Review 5, n^o 3 (septembre 1985) : 207–22. http://dx.doi.org/10.1016/0195-9255(85)90002-2.

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Weerth, Carsten. « Harmonized System in Developing Countries ». Global Trade and Customs Journal 3, Issue 11/12 (1 novembre 2008) : 379–82. http://dx.doi.org/10.54648/gtcj2008049.

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More than 200 countries and economic regions worldwide are using the nomenclature of the Harmonized Commodity Description and Coding System (Harmonized System Convention: HS) and are basing their customs tariffs thereon. The number of HS headings (four–digit code) and HS subheadings (six–digit code) is altered every four to six years, when the nomenclature is revised and updated due to changes in trade patterns and technical development (HS 1988, HS 1992, HS 1996, HS 2002, HS 2007). More gaps are emerging within the nomenclature and 34 headings will not be in use in the HS 2007 for the next four to six years. This article examines the application of the nomenclature within developing countries, since these are allowed to adopt older versions of the nomenclature.

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Mayeda, Graham. « Pushing the Boundaries : Rethinking International Law in Light of Cosmopolitan Obligations to Developing Countries ». Canadian Yearbook of international Law/Annuaire canadien de droit international 47 (2010) : 3–55. http://dx.doi.org/10.1017/s0069005800009838.

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SummaryThis article argues for a change in the normative assumptions of international law so as to attenuate the historical marginalization of developing countries. It describes a form of collective responsibility called “cooperative cosmopolitanism” that requires individuals and states to take responsibility for harms to those beyond their borders. Cooperative cosmopolitanism entails obligations shared by all that are realized collectively and cooperatively. Taking a phenomenological approach and relying on examples of areas of international law (especially international investment law) that have a disproportionately negative impact on developing countries, the article suggests five ways in which international law should evolve in order to take better account of our cosmopolitan obligations: (1) widening the ambit of international law beyond state-based issues; (2) de-emphasizing state practice andopinio jurisas criteria for creating international law; (3) recognizing an increased role for equity in international law; (4) broadening state responsibility to include harms caused by their nationals abroad; and (5) articulating a cosmopolitan understanding of the responsibility to protect foreign nationals.

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Onzivu, William. « International Climate Change Law, Health Promotion and Evolving Domestic Climate Law in Developing Countries ». African Yearbook of International Law Online / Annuaire Africain de droit international Online 18, n^o 1 (2010) : 257–85. http://dx.doi.org/10.1163/22116176-01801010.

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Seshadri, V. S. « Challenges Facing Developing Countries in the International Trading System ». Global Trade and Customs Journal 14, Issue 7/8 (1 août 2019) : 336–42. http://dx.doi.org/10.54648/gtcj2019037.

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This article analyses various dimensions of the uncertainty plaguing the multilateral trading system and examines its implications for developing countries. It details how countries are compelled to enter into free trade agreements on account of competitive liberalization and the growing propensity to explore new issues through sectoral plurilaterals. In addition, global factors such as the ‘America First’ approach and the rise of China provide the context to analyse India’s role in the international trading system. Specifically, the Article explores India's experience with the Doha Round, regional trade agreements (RTAs) and plurilaterals. It concludes that a patchwork of RTAs worldwide and an array of plurilaterals on an a la carte basis make a very complicated, divided and perhaps an unfair trading regime.

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Neubacher, Frank, et Ulrike Grote. « Rurale Kriminalität in Entwicklungsländern / Rural Crime in Developing Countries ». Monatsschrift für Kriminologie und Strafrechtsreform / Journal of Criminology an Penal Reform 99, n^o 3 (1 novembre 2016) : 199–214. http://dx.doi.org/10.1515/mkr-2016-0303.

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Zusammenfassung Über Kriminalität in Entwicklungsländern weiß die Kriminologie sehr wenig; insbesondere was den ländlichen Raum betrifft. Ausgehend von der Studie von Clinard & Abbott von 1973 gibt der Beitrag einen Überblick über den gegenwärtigen Wissensstand und die offenen Fragen. Eingehend erörtert werden u.a. die Unzuverlässigkeit offizieller Statistiken, Befunde des International Crime Victims Survey sowie theoretische Zusammenhänge zwischen Kriminalität und Entwicklung. Außerdem werden die potenziellen Konturen künftiger Forschung aufgezeichnet.

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Hassan, Parvez. « Role of the South in the Development of International Environmental Law ». Chinese Journal of Environmental Law 1, n^o 2 (7 février 2017) : 133–57. http://dx.doi.org/10.1163/24686042-12340011.

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Abstract In the post-colonial era, the newly emerging and independent states of Asia and Africa, supported by the developing world in South America, questioned the validity and legitimacy of norms of international law. Those norms were perceived to serve only the interests of the developed Western nations and were alien to the aspirations of the developing countries. International law has evolved over time, with a willingness to accept the viewpoint of new participants in the global process in a variety of contexts. These include the international protection of human rights and international law regarding the permanent sovereignty of nations over their natural wealth and resources. The interests of developing countries have been assimilated, though the extent to which this is done varies. A central message advanced is that the ultimate integrity of international law is the commonality and synthesis of the interests of all states, rich and poor, agricultural and industrial. The continuing contribution of developing countries, through their participation in conferences, negotiation of treaties and soft law texts, adds immeasurable strength to the current state and future development of international environmental law.

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Echiverri, Lilia F. « Reaching Out to Developing Countries : The International Association of Law Libraries Initiative ». International Journal of Legal Information 35, n^o 2 (2007) : xxx—xxxvi. http://dx.doi.org/10.1017/s0731126500002195.

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Braga, Carlos A. Primo, et Carsten Fink. « International transactions in intellectual property and developing countries ». International Journal of Technology Management 19, n^o 1/2 (2000) : 35. http://dx.doi.org/10.1504/ijtm.2000.002800.

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Qayyum, Mian Abdul. « International co‐operation in the control of precursor chemicals—developing countries’ perspective ». Commonwealth Law Bulletin 19, n^o 4 (octobre 1993) : 1906–10. http://dx.doi.org/10.1080/03050718.1993.9986335.

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Karim, Md Saiful. « Implementation of the MARPOL Convention in Developing Countries ». Nordic Journal of International Law 79, n^o 2 (2010) : 303–37. http://dx.doi.org/10.1163/157181010x12668401899110.

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AbstractOver the years a large set of international conventions have been adopted under the auspices of the International Maritime Organization for prevention of vessel-source marine pollution. However, most of developing countries failed to effectively implement these conventions. Against this backdrop, this article aims to assess the inherent suitability of the MARPOL Convention for implementation in developing countries. It also examines the role of global community for effective implementation of the MARPOL Convention and identifies the legal and institutional bottlenecks in the current implementation regime.

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M. Gaffar, Janedjri. « Sikap Kritis Negara Berkembang terhadap Hukum Internasional ». Jurnal Konstitusi 10, n^o 2 (20 mai 2016) : 205. http://dx.doi.org/10.31078/jk1021.

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International law is a political instrument of developed states to intervene developing states. Law can function for numerous interests such as, inter alia, a political instrument. Intervention of developed countries to developing states can happen in two ways which both ways cannot be regarded as violation of international law. The involvement of a state in an international agreement denotes that the country intentionally burdens itself to carry out obligation that has been agreed upon as stated in the agreement. One of the obligations is to transform the contents of the agreement to its national law. The involvement of developing countries in international law is an intention to create breakthrough to face competition with developed states. With the existence of WTO, developing states can defend their rights which are violated and can force developed states to negotiate. The availability of legal remedy provide strength to developing states to force developed states in particular cases.

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Negri, Stefania. « Unethical Human Experimentation in Developing Countries and International Criminal Law : Old Wine in New Bottles ? » International Criminal Law Review 17, n^o 6 (23 novembre 2017) : 1022–48. http://dx.doi.org/10.1163/15718123-01761352.

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Since Nuremberg, the ethics of scientific research involving human beings has been for decades the source of concern and controversy. Profit-driven experimentation sponsored by the pharmaceutical industry has progressively migrated to the South, turning into a widespread phenomenon imbued with ethical challenges and dilemmas. The protection of vulnerable communities from the risks of unethical behaviour and exploitation, often associated with the outsourcing of clinical trials in developing countries, calls for respect of internationally agreed standards. This Article argues that massive experiments conducted in disregard of universal bioethical principles and human rights may amount to crimes against humanity under international criminal law. It also suggests that, in such cases, the International Criminal Court would have jurisdiction over a broad range of liable individuals, including public officials of host and sponsoring States, physicians and researchers acting in their private capacity, as well as officers and directors of pharmaceutical corporations.

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Elagab, Omer Y. « Coercive Economic Measures Against Developing Countries ». International and Comparative Law Quarterly 41, n^o 3 (juillet 1992) : 682–94. http://dx.doi.org/10.1093/iclqaj/41.3.682.

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Ikejiaku, Brian-Vincent. « International Law is Western Made Global Law : The Perception of Third-World Category ». African Journal of Legal Studies 6, n^o 2-3 (21 mars 2014) : 337–56. http://dx.doi.org/10.1163/17087384-12342022.

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Abstract The way in which international law has been constructed and reconstructed over the ages in favour of the Western countries has driven some Third-World scholars to perceive international law as ‘a global law made by the West’ for the purpose of controlling global undertakings. In the past, international law was used by the Westerners to legitimise colonialism and all their acts of exploitation in the developing countries. In the modern period, international law is predominantly used to protect, project and promote (3Ps) the interest of the Westerners. This includes their multinational businesses scattered globally, and protectionist bid against terrorist attacks. This paper uses theoretical, critical and multidisciplinary approaches to examine this perception of international law. It concludes that construction and reconstruction of international law in favour of Western countries has been one key instrument that perpetuate severe inequality between the Global North and Global South, which in turn hampers efforts toward global-peace and security.

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Foster, Michelle. « Responsibility Sharing or Shifting ? "Safe" Third Countries and International Law ». Refuge : Canada's Journal on Refugees 25, n^o 2 (1 septembre 2008) : 64–78. http://dx.doi.org/10.25071/1920-7336.26032.

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Th is article assesses the legality at international law of “protection elsewhere” policies, that is, policies whereby responsibility for refugees is transferred between states such as in the US-Canada Safe Third Country Agreement. An analysis of the operation of such policies in Europe, Australia, and North America raises serious concerns about the ability of such schemes to uphold their aims and objectives in conformity with international law. The paper concludes by recommending that states reconsider the utility and legality of such schemes with a view to developing policies that genuinely address the need for responsibility sharing.

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Lennard, Michael. « Transfer Pricing Arbitration as an Option for Developing Countries ». Intertax 42, Issue 3 (1 mars 2014) : 179–88. http://dx.doi.org/10.54648/taxi2014021.

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The author considers some of the systemic and perception issues for tax arbitration involving developing countries that may prevent the broad take-up of arbitration provisions in tax treaties and may damage the reputation of arbitration in this area. He suggests some ways in which developing countries can manage the risks and uncertainties of such arbitration. In particular, he considers the importance of confidence-building and a partnership approach, as well as the role of regional and international organizations in supporting developing countries, if the potential for arbitration as a balanced and objective way of resolving disputes is finally to be unlocked.

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Alaoudh, Abdullah S. « The Notice Requirement of Article 39 and Islamic Law : Developed vs. Developing Countries ». Arab Law Quarterly 26, n^o 4 (2012) : 481–98. http://dx.doi.org/10.1163/15730255-12341244.

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Abstract Article 39 of the United Nations Convention for the International Sale of Goods, 1980 (CISG) requires a buyer to notify the seller within a reasonable time of any non-conformity. This requirement has been advanced by courts and applied mostly in favour of the developed countries by adopting a strict interpretation of Articles 39 and 44. This interpretation should be revisited, taking into consideration certain circumstances within some developing countries, e.g., observance to Islamic law and the lack of sophistication of many buyers as to regulations for international commerce. Although the provisions in Article 39 are not uncommon in several developing countries and under Islamic law, during their implementation, however, courts may neglect the Article’s legislative history and intent to uniformity and flexibility. Such strict interpretation may deter developing countries from participating in and benefiting from the CISG. A more contextual interpretation of these Articles will not contradict Islamic law.

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WOLFE, ROBERT. « Regulatory transparency, developing countries and the WTO ». World Trade Review 2, n^o 2 (juillet 2003) : 157–82. http://dx.doi.org/10.1017/s1474745603001393.

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The tension in the WTO between adaptation to globalization and integration of developing countries is illustrated by one of the central norms of the regime, transparency. Experts believe democratic governance and efficient markets are both enhanced when autonomous administrative agencies are open about what they doing. WTO requirements for regulatory transparency may prove to be more straightforward for OECD countries than developing countries. The future of the WTO as a legitimate and effective international organization depends on finding modes of regulation accessible to all its Members. A review of how Canada, Brazil, South Africa, Thailand, and Uganda implement the transparency requirements of the agreements on basic telecommunications, and sanitary and phytosantitary measures found that regulatory independence and transparency are increasingly prevalent in telecommunications, but much less so in food safety. Transparency between countries appears easier than transparency within countries, and economic regulation seems easier to adapt to international norms than social regulation.

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Perez Torres, Gloria. « The effectiveness of the international anti-corruption legal framework in the context and practice of Colombia ». Journal of Financial Crime 27, n^o 2 (1 avril 2020) : 437–76. http://dx.doi.org/10.1108/jfc-09-2019-0126.

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Purpose This study aims to investigate the impact of the enforcement of the international anti-bribery legal framework in developing countries. Design/methodology/approach It uses the PetroTiger case to examine the effects of foreign bribery prosecutions in Colombia, from a bribe-receivers perspective. PetroTiger is a USA-based company that was prosecuted for bribing public officials in Colombia. As a result, the public officials involved were also prosecuted in Colombia for receiving bribes. This case serves to illustrate how international anti-bribery law operates in practice and how it impacts Colombian law enforcement institutions and their capacity to prosecute bribe-receivers. The Colombian response to the international anti-corruption framework is examined in this study through the review of legislative efforts taken to address the problems of bribery and corruption in public procurement. Findings This study finds that enforcement of foreign bribery laws raise awareness of the situation of corruption in developing countries, generate parallel prosecutions of individuals at the receiving end of bribes and helps developing countries to develop technical expertise to fight corruption. Practical implications In practice, due to the transnational nature of foreign bribery, without international agreements, this type of corruption in international business would seldom lead to prosecution. Although the effectiveness of the enforcement of international anti-corruption law is debated, in reality, prosecutions of foreign bribery by developed countries have more positive than negative implications for developing countries. Social implications Assist to continue efforts to deter corruption. Originality/value No many studies have looked at the effectiveness of anti-corruption international law in developing countries. As indicated by Mr. Moulette Patrick head of Anti-Corruption Division at organisation for economic co-operation and development more research on the effectiveness of the UN enacted Convention against Corruption, which is what this paper does.

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POPOVA, O. A. « PRINCIPLE OF INTERNATIONAL COOPERATION IN MODERN INTERNATIONAL SPACE LAW ». Courier of Kutafin Moscow State Law University (MSAL)), n^o 12 (14 mars 2021) : 159–71. http://dx.doi.org/10.17803/2311-5998.2020.76.12.159-171.

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The article considers the principle of international cooperation within the framework ofmodern international space law. The author comes to the conclusion that the principle is a principle of general international law, but it has some features in international space law due to the specifi c of this branch. Such features include the implementation of international cooperation in accordance with international law, including the Charter of the United Nations and the Outer Space Treaty; for the bene fi t and in the interests of all countries taking into special consideration the needs of the developing countries (In particular, obligation of the States to consider on a basis of equality any requests by other States Parties to the Outer Space Treaty to be aff orded an opportunity to observe the fl ight of space objects launched by those States and to inform the international community of their activities in outer space); on an equitable and mutually acceptable basis, using the most eff ective and appropriate modes of cooperation; in the fi eld of the exploration and use of outer space for peaceful purposes. The broad participation of the private sector in international space cooperation is also an important feature.

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Ahmed, Muhammad Ashfaq. « UN MTC Article 8 : Was the Source Rule Surrender on Article 8 a Blunder ? The Case Study of Pakistan ». Intertax 48, Issue 1 (1 janvier 2020) : 103–18. http://dx.doi.org/10.54648/taxi2020007.

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The United Nations Model Tax Convention (UN MTC) Article 8 allocates taxing rights on international traffic to the state of effective management. Article 8 (Alternative B), however, to the extent of shipping, conditionally allows some taxing rights to source state, too. The study posits that by surrendering source rule on Article 8, UN MTC ditched developing countries. This allowed airlines and shiplines stationed in developed countries not only generate large sums of revenues by hitting developing countries’ ports but also repatriate them tax free to a sustained disadvantage to the developing countries. The costs of the source rule surrender for the developing countries were realized on account of soft outflow of hard-earned foreign exchange, foregone revenues, and stunted growth of critical communication industries. It is argued that Pakistan’s aviation and maritime industries’ decent rise through 1950s, 1960s, 1970s and 1980s, and their abject descend into chaos through 1990s, 2000s and 2010s is explainable in terms of double taxation agreements (DTAs) obtaining Article 8 it signed. The insights gleaned are generalizable to other similarly circumstanced developing nations whose aviation and maritime industries failed to keep pace with their overall development. The UN MTC’s surrender on Article 8, it is posited, promoted mass-scale injustice at inter-state level, and therefore, needs correction. UN Model Tax Convention, UN MTC Article 8, International Traffic, International Shipping, International Aviation, Reciprocal Exemption, Territoriality, Double Taxation Agreements, DTAs and Developing Countries, Tax Base Erosion

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Dhanjee, Rajan. « International Co-operation on Competition Law Enforcement : A Breakthrough ? » World Competition 44, Issue 4 (1 décembre 2021) : 455–86. http://dx.doi.org/10.54648/woco2021025.

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Section F of the UN Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices (‘UN Set’) deals with international measures, including consultations and co-operation among competition authorities for enforcement against anti-competitive practices, particularly for developing countries’ benefit. The 2020 Eighth Review Conference on the UN Set adopted Guiding Policies and Procedures under section F (‘GPP’). While it contains few norms, this non-binding instrument provides principles and a pedagogical guide for enforcement co-operation, encourages positive responses to co-operation requests, and strengthens the consultations mechanism and the United Nations Conference on Trade and Development (UNCTAD) secretariat’s supporting role. The GPP’s siting within the UNCTAD and UN Set contexts provides legitimacy, inclusivity, mandates, resources, a secretariat – and thus the best available multilateral framework for developing and transition countries to mobilize publicity, dialogue, and persuasion to strengthen enforcement co-operation in this area for their benefit. The GPP therefore constitutes a breakthrough, while how far or when its potential will be fulfilled will depend upon the building-up of shared perceptions of common interest, mutual trust and mutual benefit among competition authorities- something which UNCTAD could promote through action at the national and international levels. Initial signs provide hope that good progress can be achieved. UN Set of Multilaterally Agreed Equitable Principles, Rules for the Control of Restrictive Business Practices, enforcement against anti-competitive practices, UN 2020 Eighth Review Conference, Guiding Policies and Procedures, UNCTAD, multilateral framework, vertical restraints, enforcement cooperation, developing countries

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Young, Stephen, et Thomas Brewer. « WTO Disputes and Developing Countries ». Journal of World Trade 33, Issue 5 (1 octobre 1999) : 169–82. http://dx.doi.org/10.54648/trad1999038.

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Asante, Samuel K. B. « The Perspectives of African Countries on International Commercial Arbitration ». Leiden Journal of International Law 6, n^o 2 (août 1993) : 331–56. http://dx.doi.org/10.1017/s0922156500002727.

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The participation of developing countries in the international legal system poses a perennial dilemma. On the one hand the brutal facts of international economic and commercial interdependence make such participation inevitable. On the other hand, developing countries, for various reasons and with varying degrees of intensity, have articulated their reservations, or indeed experienced considerable difficulties, with respect to such participation. This article considers this dilemma with special reference to the experience of Sub-Saharan African countries in international commercial arbitration.

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Miller, Andrew R., et Nives Dolšak. « Issue Linkages in International Environmental Policy : The International Whaling Commission and Japanese Development Aid ». Global Environmental Politics 7, n^o 1 (février 2007) : 69–96. http://dx.doi.org/10.1162/glep.2007.7.1.69.

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This article examines whether a country's vote in the International Whaling Commission (IWC) influences the bilateral aid it receives from Japan. While whaling is of marginal importance to the Japanese economy, it carries significant cultural and emotional value in Japan. The puzzle, then, is whether Japan links the issues of IWC voting and bilateral aid provision. Does Japan reward countries that vote with it at the IWC by disbursing higher levels of bilateral development aid to those countries? To examine this puzzle, we examine IWC votes of 26 developing countries over 1999–2004 along with their development needs and economic ties with Japan. Our analysis suggests that Japanese bilateral aid to developing countries is significantly associated with the countries' IWC voting records. These results hold across a range of statistical specifications. Thus, our article provides evidence to suggest that Japan has employed material incentives to defend its cultural preferences regarding whaling in the face of opposition from pro-conservation IWC members and environmental NGOs.

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Le Nguyen, Chat. « The International Anti-Money Laundering Regime and Its Adoption by Vietnam ». Asian Journal of International Law 4, n^o 1 (janvier 2014) : 197–225. http://dx.doi.org/10.1017/s2044251313000349.

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The international anti-money laundering (AML) regime has developed and diffused rapidly in the last two decades. Most developing countries have engaged with the international AML regime under pressure from other states rather than on a voluntary basis.1Establishing the national AML regime in these countries in compliance with international standards is very expensive, while the benefits are elusive.2This paper reveals that the adoption of basically similar AML norms by many developing countries results from the global diffusion of the international AML regime through two major mechanisms: coercion (by powerful economies and international institutions) and socialization (through tactical communications). This paper points out that although the AML regime of Vietnam was established under external coercion and socialization, domestic factors determine the extent of compliance with international standards. In Vietnam, a determinative factor is the political willingness of the Communist Party in fighting money laundering.

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Todic, Dragoljub, et Vladimir Grbic. « Developing countries and climate change policies ». Medjunarodni problemi 66, n^o 1-2 (2014) : 160–82. http://dx.doi.org/10.2298/medjp1402160t.

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The paper considers the question of the position and role of developing countries in the contemporary law and policy of climate change. The basic thesis in this paper is that the position of developing countries is defined in relevant international legal documents, but that significant differences between individual categories of developing countries are not clearly emphasized. In this sense, the first part of the paper is focused on the problems of defining of the notion of developing countries. The second part gives an overview of the specific rights and obligations of developing countries within the framework of the existing system established by United Nations Framework Convention on Climate Change and the Kyoto Protocol. In particular, it highlights the content and dilemmas in the interpretation of the principle of common but differentiated responsibilities. The third part of the paper presents some common features of developing countries that are of relevance for climate change. It provides an overview of some features and elements of the policies of individual countries (members of non- Annex I, small island countries, least developed countries and developing countries which are the largest emitter of GHGs).

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HEGDE, V. G. « Indian Courts and International Law ». Leiden Journal of International Law 23, n^o 1 (2 février 2010) : 53–77. http://dx.doi.org/10.1017/s0922156509990331.

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AbstractThe approach of Indian courts towards international law has been consistently evolving. Initially, the Indian constitutional framework provided a flexible basis for the application and use of international law, the reasons for which could be seen in the socio-political context of India as a developing country. India, for its part, continued to argue that it remained essentially at the periphery of the mainstream international law, as it had no role in formulating some of the basic principles of international law. For the Indian courts the first substantive encounter with international law emerges in the context of several territorial-related issues. The socio-political context forms the next phase, for the Indian courts to have recourse to diverse international legal norms relating to the environment and human rights and applying them as a persuasive tool. Later, the development context brings a complex array of commercial, environmental, and other related international legal norms into the Indian legal system. For Indian courts, in the present context, the correct sourcing and identification of international legal norms and their application remain a huge challenge. The majority of the legal systems of developing countries for varied historical reasons continue to treat international law as an exotic legal tool to be used sparingly, perhaps only to broaden the interpretation of or sustain a comparable domestic legal norm.

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Heard, Jonathan, et Emmanuel T. Laryea. « Export Credit Agencies, International Investment Law and the Spectre of Unsustainable Developing Countries' Debts ». African Journal of International and Comparative Law 29, n^o 4 (novembre 2021) : 612–43. http://dx.doi.org/10.3366/ajicl.2021.0386.

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This article argues that the activities of Export Credit Agencies (ECAs), which provide political risk insurance to cover exports and foreign direct investments (FDIs), may be undermining the goals of Investor-State Dispute Settlement (ISDS). ISDS is supposed to limit investment disputes so that they are between the investor and host-state of the investment (investor-state disputes). However, since ECAs are quasi-governmental organisations that support FDIs, they can effectively elevate such investment disputes so that they are between the host-state and home-state of the investor (state-to-state disputes). This has implications for the necessity defence in international investment disputes, which is likely to feature in cases triggered by governmental measures taken in response to the COVID-19 pandemic. Further, the article argues that the activities of ECAs often precipitate unsustainable debt accumulation in developing countries. And these situations are becoming increasingly combustible because ECAs have escalated their activities to season investment programmes with foreign and geopolitical influence. This may worsen in the aftermath of the COVID-19 pandemic. The article concludes that increased transparency and a sustainability element in the activities of ECAs are essential to both expose these risks more broadly and to create a space under the canopy of international economic law for more sustainable growth from the understory of developing nations.

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Heard, Jonathan, et Emmanuel T. Laryea. « Export Credit Agencies, International Investment Law and the Spectre of Unsustainable Developing Countries' Debts ». African Journal of International and Comparative Law 29, n^o 4 (novembre 2021) : 612–43. http://dx.doi.org/10.3366/ajicl.2021.0386.

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This article argues that the activities of Export Credit Agencies (ECAs), which provide political risk insurance to cover exports and foreign direct investments (FDIs), may be undermining the goals of Investor-State Dispute Settlement (ISDS). ISDS is supposed to limit investment disputes so that they are between the investor and host-state of the investment (investor-state disputes). However, since ECAs are quasi-governmental organisations that support FDIs, they can effectively elevate such investment disputes so that they are between the host-state and home-state of the investor (state-to-state disputes). This has implications for the necessity defence in international investment disputes, which is likely to feature in cases triggered by governmental measures taken in response to the COVID-19 pandemic. Further, the article argues that the activities of ECAs often precipitate unsustainable debt accumulation in developing countries. And these situations are becoming increasingly combustible because ECAs have escalated their activities to season investment programmes with foreign and geopolitical influence. This may worsen in the aftermath of the COVID-19 pandemic. The article concludes that increased transparency and a sustainability element in the activities of ECAs are essential to both expose these risks more broadly and to create a space under the canopy of international economic law for more sustainable growth from the understory of developing nations.

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Yuliantiningsih, Aryuni. « Special and Differential Treatment under the World Trade Organization : Perspective on International Trade Law ». UNIFIKASI : Jurnal Ilmu Hukum 8, n^o 2 (3 novembre 2021) : 143–53. http://dx.doi.org/10.25134/unifikasi.v8i2.4417.

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GATT/WTO regulates the principle of special and differential treatment in part IV as a way to address international trade inequality for developing countries. This study aims to examine the theoretical and practical principles of Special and Differential (SD). The study employed a normative juridical method involving a statutory and conceptual approach. The study revealed that the SD principle theoritically aims to attain justice for developing countries. This is in line with the theory of justice from John Rawls mentioning justice as fairness. In the context of international trade, this is also in line with Frank J Garcia. Based on these theories, SD demands a different treatment betwixt developed and developing countries. Generally, the SD principle is an instrument to attain fairness in international trade. In its implementation, the SD provisions aimed at helping developing countries. This involves market access, protecting the interest of the developing countries, and flexibility and transition period. However, the latter seems hard to enforce because developed countries frequently sue developing countries to the WTO panel once the SD principles are utilized by them. GATT/WTO mengatur prinsip Special and Differential treatment dalam Bagian IV sebagai cara untuk mengatasi ketimpangan perdagangan internasional bagi negara berkembang. Artikel ini bertujuan untuk mengkaji Prinsip Special and Differential (SD) secara teoritis dan praktis. Metode penelitian yang digunakan adalah yuridis normatif dengan pendekatan perundang-undangan dan konseptual. Hasil penelitian menunjukkan bahwa secara teoritis prinsip S D bertujuan untuk mewujudkan keadilan bagi negara-negara berkembang. Hal ini sesuai dengan teori keadilan dari John Rawls bahwa justice as fairness dan Frank J Garcia dalam konteks perdagangan internasional. Berdasarkan teori tersebut SD menghendaki adanya pembedaan perlakuan antara negara-negara maju dengan negara sedang berkembang. Prinsip SD merupakan instrumen untuk tercapainya keadilan dalam perdagangan internasional. Dalam implementasinya, ketentuan SD yang ditujukan untuk membantu negara berkembang yang terdiri dari akses pasar, kepentingan negara berkembang yang dilindungi, fleksibilitas dan masa transisi sulit diterapkan karena negara-negara maju sering menggugat negara berkembang ke panel WTO ketika prinsip SD diterapkan.

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Freitas Filho, Roberto, et Marcelo Dias Varella. « The World Trade Organization as a Catalyst for Internal Divergences in Developing Countries ». Global Trade and Customs Journal 4, Issue 9 (1 septembre 2009) : 281–91. http://dx.doi.org/10.54648/gtcj2009035.

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This article analyses the legal and political consequences of Brazil’s imposition of an important ban on retreaded tyres, especially with respect to MERCOSUR and the World Trade Organization (WTO). Domestic and international decisions are studied according to the process of internationalization of law and the disjunction between the domestic and international orders.

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Heher, A. D. « Implications of international technology transfer benchmarks for developing countries ». International Journal of Technology Management & ; Sustainable Development 4, n^o 3 (1 décembre 2005) : 207–25. http://dx.doi.org/10.1386/ijtm.4.3.207/1.

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Otto, J. M. « International Law and Environmental Legislation in Developing Countries, with Special Reference to India and Indonesia ». Leiden Journal of International Law 4, n^o 1 (avril 1991) : 109–17. http://dx.doi.org/10.1017/s0922156500001850.

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1. INTRODUCTIONAttention for the pollution and degradation of the human environment over the last decades has resulted in an unprecedented increase of activities regarding environmental policy and law at both international and national levels. Since 1972 international resolutions and agreements have distinguished between environmental problems of developing countries and those of industrial countries. In that year it was proclaimed at the Stockholm UN-Conference on the Human Environment that in the developing countries most of the environmental problems are caused by under-development. The extremely complex situation in those countries in this regard was made known to the world community again by the so-called Brundtland Commission in its final report.

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Pogoretskyy, Vitaliy, et Tatiana Yanguas. « From Standard-Takers to Standard-Makers : Developing Countries and Least-Developed Countries Perspectives in the Harmonization of Technical Regulations Through Internation ». Global Trade and Customs Journal 11, Issue 9 (1 septembre 2016) : 378–87. http://dx.doi.org/10.54648/gtcj2016051.

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The Agreement on Technical Barriers to Trade (hereinafter ‘TBT Agreement’) pursues the harmonization of technical regulations – one of the most commonly used measures affecting trade – through the use of international standards. International standards are developed by international standardizing bodies outside the World Trade Organization. Developing countries and least-developed countries (LDCs), however, encounter several obstacles impeding their effective participation in international standard setting, and, as a result, tend to determine ex post, based on their trade flows, which international standards to follow. Therefore, they are often referred to as ‘standard-takers’ instead of ‘standard-makers’. This article argues that a detailed look at the text of the TBT Agreement and the TBT Committee Decision makes clear that concrete steps to remove these obstacles and to engage developing countries and LDCs in international standard setting must become a prerequisite for promoting documents prepared by standardizing bodies to the status of an international standard within the meaning of the TBT Agreement.

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Manley, Rhys. « Trade Law and the Capability Approach ». Journal of World Trade 53, Issue 6 (1 décembre 2019) : 1041–62. http://dx.doi.org/10.54648/trad2019042.

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International trade agreements have brought undoubted benefits to the world economy and society. But they have also wrought substantial harm, both in developed and developing countries. Even if the aggregate benefits outweigh the harms, those harms tend to be very visible. They rightly attract condemnation from across the political spectrum, leading to increasing scepticism of free trade. There is also a growing sense that certain trade agreements are being used as a vehicle for the pursuit of special interests – further eroding the case for free trade in the public’s mind. These issues cannot be ignored. Left unchecked, popular pressure may lead to a partial or complete collapse of the liberal trading order – harming both developed and developing countries in the process. A new approach is needed. One that leads to an international trading order firmly grounded in the concept of justice.

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Kopti, Ala’a. « Investor-state Dispute under International Investment Law ». International Journal of Economics, Business and Management Research 06, n^o 04 (2022) : 95–106. http://dx.doi.org/10.51505/ijebmr.2022.6408.

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Since the last century international investment law has been developing along with the increasing number of international investment agreements such as bilateral investment treaties aiming at efficient protection for foreign direct investment. The idea to introduce comprehensive protection for foreign direct investment appeared with the States started to perceive that foreign direct investment is a must for the prosperity of economic development of the countries. Since the international investment regime has emerged it started to become universal and uniform in the international economy. The establishment of the International Centre for Settlement of Investment Disputes was a crucial step for the protection of foreign direct investment in the international investment regime. The investor-state dispute settlement system has been developing through innovations introduced by parties of the international investment regime. However, Investor-State arbitration has remained as one of the most efficient mechanisms in the investor-state dispute settlement system throughout the years.

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Steinberg, Paul F. « Understanding Policy Change in Developing Countries : The Spheres of Influence Framework ». Global Environmental Politics 3, n^o 1 (1 février 2003) : 11–32. http://dx.doi.org/10.1162/152638003763336365.

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National policy reform is a prerequisite for improved stewardship of the global environment and figures prominently among the goals of international environmental diplomacy and transnational advocacy campaigns. Yet research on global environmental politics has proceeded absent models of policy change in developing countries, where most of the planet's people, land, and biological diversity are found. In this article I present a theoretical framework to explain the domestic responses of developing countries to global environmental concerns. Drawing on research in Costa Rica and Bolivia, I situate the impact of global environmentalism in the context of complex, decades-long domestic struggles to create effective institutions. When international outcomes depend on protracted reforms in nations that are sovereign yet poor, policy change is driven by actors who successfully pair international resources (technical, financial, and ideational) with the domestic political resources needed to see through major policy innovations.

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Gilbert, Christopher L., Gregor Irwin et David Vines. « Capital Account Convertibility, Poor Developing Countries, and International Financial Architecture ». Development Policy Review 19, n^o 1 (mars 2001) : 121–41. http://dx.doi.org/10.1111/1467-7679.00127.

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Segger, Marie-Claire Cordonier, Peter Holmgren et D. Andrew Wardell. « Financing Sustainable Landscapes through Innovative International Economic Law and Governance Instruments ». Global Journal of Comparative Law 7, n^o 1 (2 février 2018) : 169–205. http://dx.doi.org/10.1163/2211906x-00701008.

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This article examines innovative ways to promote investment and financing of sustainable landscape initiatives in international law. It argues that increased flows of investment and finance for sustainable landscapes must be guided by a clear and comprehensive legal framework; better and more appropriate knowledge and technologies; more informed decision-making; and improved governance at all levels. The article considers concerns and opportunities to support the financing of sustainable forestry and land-use programs, especially in developing countries. It reviews the key contributions of international investment instruments to sustainability landscapes financing, in light of recent decisions concerning International Investment Agreements (iias) by arbitral panels convened to hear disputes under the rules of the International Centre for Settlement of Investment Disputes (icsid) or the United Nations Commission on International Trade Law (uncitral). It then proposes innovative ways that investment and financing rules might foster more effective implementation of innovative financing instruments, such as Landscape Funds in developing countries.

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EJ Mogomotsi, Goemeone, Patricia K. Mogomotsi et Onthatile O Moeti. « WTO Law and Jurisprudence on Invasive Alien Species in the Global South ». Chinese Journal of Environmental Law 6, n^o 1 (17 mai 2022) : 63–86. http://dx.doi.org/10.1163/24686042-12340077.

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Abstract International trade is a significant factor in the introduction of invasive alien species around the world. The preparedness of countries through their domestic regulations to combat invasive alien species differs from country to country. This article discusses the potential of WTO law in combating the spread of invasive alien species in countries with weak environmental regulation regimes such as Botswana. It recognises the possibility of invoking provisions of WTO agreements by member states to combat the introduction and spread of invasive alien species. It concludes that the use of WTO agreements by developing countries may be an immediate solution to address and combat biodiversity losses in the global south. The article recommends the building of technical and scientific capacity by developing countries to effectively use international trade law for environmental protection.

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Tiwari, Saurabh, Ashish Chandra, Tanvi Praveen et Stuti Toshi. « ‘E-commerce’ for India in a Developing World : An Int’l Trade Law Perspective ». Journal of World Trade 54, Issue 1 (1 février 2020) : 59–80. http://dx.doi.org/10.54648/trad2020003.

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Ever since internet has stepped in the domain of markets, the style of conducting commercial transactions has changed. E-Commerce transactions are very different from the everyday buying at the store transactions and they are gaining more significance by the day. Due to the everevolving technology driven nature of these e-markets, regulators across the globe are exploring ways to discipline them without causing much distortions. However, the job is more complicated than it appears. In these circumstances, while India is in the phase of drafting its National ECommerce Policy, its international forefront reflects carefulness in engaging in the ongoing negotiations. This article aims to explore the complexity of e-commerce from the international trade forefront and its implications for developing countries like India. International Trade, Electronic Commerce, E-Commerce, Regulation, Developing Countries, Role of Regulators, Competition, Digital Trade.

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MAHOMED, SAFIA. « Human Biobanking in Developed and Developing Countries : An Ethico-Legal Comparative Analysis of the Frameworks in the United Kingdom, Australia, Uganda, and South Africa ». Cambridge Quarterly of Healthcare Ethics 30, n^o 1 (29 décembre 2020) : 146–60. http://dx.doi.org/10.1017/s0963180120000614.

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AbstractAlthough the concept of biobanking is not new, the open and evolving nature of biobanks has created profound ethical, legal, and social implications, including issues around informed consent, community engagement, secondary uses of materials over time, ownership of materials, data sharing, and privacy. Complexities also emerge because of increasing international collaborations and differing national positions. In addition, the degrees and topics of concern vary as legislative, ethical, and social frameworks differ across developed and developing countries. Implementing national laws in an internationally consistent manner is also problematic. However, these concerns should not cause countries, especially developing countries, to lag behind as this novel wave of research gains momentum, particularly while several biobank initiatives are already underway in the developing world. As the law has always struggled to keep up with the fast-evolving scientific arena, this article seeks to identify the ethico-legal frameworks in place in the United Kingdom, Australia, Uganda, and South Africa, for human biobank research, in an attempt to compare and contextualize the approaches to human biobanking in specific developed and developing countries.

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McMahon, Joseph A. « International Agricultural Trade Reform and Developing Countries : The Case of the European Community ». International and Comparative Law Quarterly 47, n^o 3 (juillet 1998) : 632–46. http://dx.doi.org/10.1017/s0020589300062205.

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We are all aware that agriculture is important to developing countries as a source of income, employment and export earnings. To a far greater extent than in the OECD countries, agriculture it central to the economic performance of developing countries and the livelihood of their inhabitants. Rural societies in developing countries are directly dependent on the agricultural sector and urban dwellers rely on agriculture to provide food security and sustainable economic growth. Furthermore, many developing countries heavily rely on the export earnings or are highly dependent on food imports. Given the fact that the poorest and most threatened communities and countries are typically the most highly dependent, the resolution of pressing global agricultural policy and trade issues is critical to sustainable development and poverty alleviation.

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Nicolaides, Phedon. « Preferences for Developing Countries : A Critique ». Journal of World Trade 19, Issue 4 (1 août 1985) : 373–86. http://dx.doi.org/10.54648/trad1985038.

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Articles de revues sur le sujet « International law – Developing countries »

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