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Articoli di riviste sul tema "Coherence of international case-Law":
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Hayward, Benjamin, Bruno Zeller e Camilla Baasch Andersen. "THE CISG AND THE UNITED KINGDOM—EXPLORING COHERENCY AND PRIVATE INTERNATIONAL LAW". International and Comparative Law Quarterly 67, n. 3 (23 maggio 2018): 607–41. http://dx.doi.org/10.1017/s0020589318000088.
Abstract (sommario):
AbstractThe United Kingdom remains one of the world's last industrialized nations not to have adopted the CISG. The UK CISG debate has endured for decades, with existing analysis largely focusing on competition, assessing the relative merits of the CISG and English law. This article's analysis is complementary; focusing instead on coherence, and the private international law implications of UK accession. This article assesses contractual interpretation, and commodity sales, within an overarching private international law framework. Recognizing the necessity of existing competitive analyses, it makes the case for UK CISG accession on the basis of its complementary coherency perspective.
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Gerner-Beuerle, Carsten, e Esin Küçük. "CONSISTENCY AND COHERENCE IN ADJUDICATING THE ECB'S UNCONVENTIONAL MONETARY POLICY". International and Comparative Law Quarterly 70, n. 4 (ottobre 2021): 859–93. http://dx.doi.org/10.1017/s0020589321000270.
Abstract (sommario):
AbstractFew court cases in the history of European integration have been more controversial than the decisions of the Court of Justice of the EU and the German Federal Constitutional Court on the European Central Bank's public sector asset purchase programmes. This article regards consistency and coherence in the case law as uncontroversial minimum conditions that have to be satisfied for the decisions to gain legitimacy. It assesses the case law against this benchmark and determines the limits of asset purchase programmes under a consistent and coherent application of the legal tests developed by the courts.
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Trachtman, Joel P. "Fragmentation, Coherence and Synergy in International Law". Transnational Legal Theory 2, n. 4 (dicembre 2011): 505–36. http://dx.doi.org/10.5235/tlt.2.4.505.
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Benson, Simon A. "Fragmentation or Coherence? Does International Dispute Settlement Achieve Comprehensive Justice?" International Journal of Law and Public Administration 3, n. 1 (24 maggio 2020): 77. http://dx.doi.org/10.11114/ijlpa.v3i1.4873.
Abstract (sommario):
The debate about whether international law is fragmented or coherent is no arid discussion. If fragmentation is in the ascendancy, many commentators argue that something needs to be done. It is, of course, vital for the success of any legal system to achieve some level of predictability and certainty and to consistently deliver comprehensive justice. A legal system must, first and foremost, be a justice system, if there is any point to its existence. If it is not, then there may be another debate about whether it may be called a ‘legal’ system or a ‘justice’ system at all. I will review the debate between various leading commentators and analyse their proposals. My review of a number of different aspects and areas of international law shows that although fragmentation is apparent, the level of coherence in international law is far more surprising than fragmentation, which is inevitable, just as it is in the development of national law in, say, a federal polity. Just when international law seems to be fragmented somewhere, coherence is being achieved elsewhere. The result may be characterised as a kind of ‘equilibrium’ in which antagonistic and cohesive forces in international law keep one another in check, somehow balancing the other out. International law is capable of delivering comprehensive justice even if, at times, it may seem unlikely or elusive.
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Mensi, Andrea. "The Case Western Sahara Campaign UK and the International and Institutional Coherence of European Union External Action. Opening Pandoras Box?" European Foreign Affairs Review 23, Issue 4 (1 dicembre 2018): 549–63. http://dx.doi.org/10.54648/eerr2018041.
Abstract (sommario):
The article explores the recent Case Western Sahara Campaign UK and the consequencesarising from the Court’s findings on European external action and trade policies. The Case represents a landmark decision on the relationship between the European Union and principles of customary international law. In assuming that the territory of Western Sahara is not part of the Kingdom of Morocco, the Court reaffirms its role in interpreting whether international agreements concluded by the Union are compatible with the Treaties and the rules of public international law. What makes the Court’s decision particularly interesting is that the Case concerns a controversial international law principle, such as the right to self-determination. This opens many questions on the future approach of the external action with self-determination claims in European Union trading partners. The article comes to the conclusion that the Case shows an evident lack of coherence of European external action, both in its international and institutional dimensions.
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Crossley, Noele. "Conceptualising Consistency: Coherence, Principles, and the Practice of Human Protection". Global Responsibility to Protect 12, n. 4 (5 ottobre 2020): 440–63. http://dx.doi.org/10.1163/1875-984x-01204010.
Abstract (sommario):
Abstract ‘Consistency’ has a range of meanings in the context of human protection practice. This article conceptualises consistency – a basic premise for the legitimacy of norms, both procedurally as well as substantively. First, ‘consistency’ can refer to the coherence of the human protection framework. Second, consistency can refer to the degree to which protection responses adhere to international law and conform with international norms. Third, ‘consistency’ can mean the absence of variability and unevenness in the application of norms. I argue that consistency understood as coherence facilitates protection responses in line with international law, and, second, that a coherent protection framework encourages the even and invariable application of norms of protection by assigning responsibilities to individual protection agents. However, the international human protection regime remains incoherent: it is ambiguous and it is insufficiently integrated with other regimes and across institutions.
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Wiśniewski, Adam. "International Courts and Legalism in International Law". Polish Review of International and European Law 5, n. 1 (6 luglio 2017): 9. http://dx.doi.org/10.21697/priel.2016.5.1.01.
Abstract (sommario):
In this article, I argue that legalism, understood as a stronger commitment of states (and other subjects) to the observance of the rules of international law, was fostered by the dynamic development of international courts and tribunals, which started in the 1990s. This contribution has manifested itself in various ways, both external and internal. The multiplication of international courts, coupled with the widespread compulsory jurisdiction, has been crucial to strengthening state commitment to adhere to their international obligations. The interpretation and application of international norms ceased to depend solely on the subjective discretion of states. Therefore, judicialisation is rightly presented as a process of taming the Leviathan and gradually subjecting it to the international rule of law. The problem of legalism in the context of international courts can, and should, also be examined in its “internal” aspect. This entails the examination of a number of issues connected with the courts’ status, competence, function, case law coherence and stability, judgment implementation, etc. Despite the problems and risks involved, the proliferation of international courts and tribunals can be perceived as one of the most important components of the dynamic transition of international law in recent decades. In this sense, one might argue that Hart was right in claiming that the functioning of courts, endowed with compulsory jurisdiction, is one of the conditions for recognising international law as genuine law. Another important effect of the judicialisation on international law is that, at the very least, certain international norms have acquired “objective” nature, detached from the will of states. This is due to the interpretation and application of these norms no longer depending solely upon the subjective discretion of states, but rather becoming subject to consideration and examination by an independent judicial body.Judicialisation is, thus, rightly presented as a process of taming the Leviathan and gradually subjecting it to the international rule of law. Beyond any doubt, this process and its consequences markedly change the face of international law. The multiplication of international courts results in expanding the judicial institutional layer, making international law less horizontal. Additionally, in consequence of growing case law, the system of international law becomes more complex, developed, and mature. The development of international law is a natural aspect of the judicial function. This is due to the fact that international norms are, in many cases, incomplete and unclear, necessitating their interpretation, adaptation, and development in particular cases.
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Zarra, Giovanni. "Orderliness and Coherence in International Investment Law and Arbitration: An Analysis Through the Lens of State of Necessity". Journal of International Arbitration 34, Issue 4 (1 agosto 2017): 653–78. http://dx.doi.org/10.54648/joia2017031.
Abstract (sommario):
The article addresses the need for orderliness and coherence in international investment law. It does so by reference to Argentina’s various claims to necessity in CMS, LG&E, Continental Casualty Co., Enron and Sempra. After having analysed the various doctrinal positions regarding orderliness of international investment law and the need for coherence in this area of international law (both from the perspective of the consistency among investment awards and from the perspective of the integration of other areas of international law within investment disputes), the work reaches the conclusion that arbitrators should endorse an approach according to which, on the one hand, they should not ignore what is done by other tribunals (we can talk of investment arbitration as a network needing internal coherence) and, on the other hand, they should always take into consideration values protected by other areas of international law and general international law (in which investment arbitration is fully integrated).
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Fernández Liesa, Carlos R. "Questions on Theory of Law in International Human Rights Law". Age of Human Rights Journal, n. 15 (15 dicembre 2020): 1–25. http://dx.doi.org/10.17561/tahrj.v15.5838.
Abstract (sommario):
The objective of this paper is to examine some specific question on the theory of law in international human rights law. International human rights law has played an important role in the evolution of International law. There are different ways of approaching and understanding International law, different schools and certain central theoretical questions. This paper tackles theoretical questions within international law in the light of International law of human rights, such as the questions of hierarchy, unity, coherence, structure, time, power, justice and legitimacy. Furthermore, analyse theoretical horizons, like the question evolution/revolution, progression/regression, justiciability, sustainability and efficacity.
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RADI, YANNICK. "Standardization: A Dynamic and Procedural Conceptualization of International Law-Making". Leiden Journal of International Law 25, n. 2 (2 maggio 2012): 283–307. http://dx.doi.org/10.1017/s0922156512000039.
Abstract (sommario):
AbstractThe paper analyses the dynamic procedures that work during the formation of international law in international organizations and conventional frameworks. These procedures organize and structure the interactive exercise of the normative function by law-creating bodies and law-applying bodies. The paper conceives of this ‘way’ of making international law as a law-making method that the concept of standardization helps to understand. Grounded in Aristotelian dialectic logic, standardization indeed conceptualizes the dialogic and procedural law-making that works for normative coherence in contexts characterized by co-operation and the heterogeneity of interests. Introducing this concept, the paper insists on the fact that it is the procedural nature of the dialogue that is crucial to reach normative coherence. Drawing on the consequences of standardization, and regarding dynamic procedures, it reappraises the status and the importance of both the different sources of international law and the different participants to international law-making. Also, the paper points out the predominance of normative coherence, as well as that of its ‘guarantor’, namely procedure that its author considers the cornerstone of legal certainty in the co-operative context of the international society.
Tesi sul tema "Coherence of international case-Law":
1
Al-Louzi, Rawan. "A coherence perspective of bilateral investment treaties". Thesis, University of Manchester, 2013. https://www.research.manchester.ac.uk/portal/en/theses/a-coherence-perspective-of-bilateral-investment-treaties(289a0e95-5cd3-404b-90c3-c6870cc8d487).html.
Abstract (sommario):
Foreign investment is mainly protected through national laws. However the wide-spreading network of bilateral investment treaties aims to ensure a certain standard of protection. These treaties demonstrate far-reaching implications at both treaty level and international level. The implications raise an important question as to whether bilateral investment treaties are coherent or not. Coherence can be viewed as an attempt to prettify the law and minimise the effect of politics which may leave the law incoherent. It is obvious that bilateral investment treaties need to be coherent for a number of reasons. Firstly, incoherent treaties may create problems in relation to the development policy of member countries. Secondly, coherence reassures that negotiators of such treaties would not encounter possible contradictions and inconsistencies amongst the countries’ agreement network as well as between the treaties and domestic laws. Thirdly, coherence is critical to treaty interpretation as it is necessary to avoid further complications which may arise from contradictory awards. The aim of this thesis is mainly to elucidate the meaning of coherence and use it to provide an understanding as to how coherent these treaties are. The coherence of bilateral investment treaties will be evaluated in a number of aspects: coherence between bilateral investment treaties and the fundamental principles of international investment law; coherence between bilateral investment treaties and their objectives of investment promotion and investment liberalisation; coherence within the bilateral investment treaties network; coherence between bilateral investment treaties and customary international law on foreign investment; coherence between bilateral investment treaties and free trade agreements; coherence between bilateral investment treaties’ obligations and non-investment obligations of states.
2
Strindevall, Linda. "Coherence between National and International Environmental Policies – the case of Sweden". Thesis, Uppsala universitet, Institutionen för geovetenskaper, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-353176.
Abstract (sommario):
Policy coherence is receiving increasing attention due to the interconnectedness, urgency and global character of the challenges that humanity faces today. Policy coherence provides an effective approach to tackle the complex macrochallenges of today since it entails achieving policies from different levels and sectors striving towards the same objectives in a supportive and reinforcing manner, producing an effective and long-lasting response to the challenges. Considering the broad, ambitious and universal Agenda 2030, policy coherence is of greater importance than ever before. This study investigates the policy coherence between Agenda 2030 and the national level looking into the case of Sweden with focus on the environmental dimension of sustainable development by evaluating the coherence between the environmental SDGs and Sweden’s national environmental quality objectives. Coherence between the two policy levels is evaluated using a qualitative data analysis by comparing official policy documents from respective policy agenda and applying the OECD’s (2016) Policy Coherence for Sustainable Development framework to Sweden. The conclusion indicates that the policy agendas fit together in a reasonable way but has the potential to be more coherent. Urgency is seldom addressed, but rather challenges are pointed out as critical and taking action is noted as significant. Both of the policy agendas address the interconnectedness of the challenges, the SDGs in a vague manner pointing out ‘links’ and the national environmental quality objectives in a more detailed manner pointing out more specific examples. The global character of the challenges is addressed in both of the policy agendas, more so in the SDGs than the national environmental quality targets. Incoherence is at times difficult to point out due to the vague terms used in Agenda 2030 compared to Sweden’s national policy. However, the vagueness of Agenda 2030 seems to serve a function whereas the country specific goals go into further detail according to the context. Despite the difficulty, results show that a broader perspective would benefit both policy agendas in addressing the global challenges coherently, since it consequently implies that the concept of policy coherence is applied at a larger scale.
3
Varis, Ozge. "Constitutionalisation and institutionalisation applied to the international investment regime : toward a uniform, consistent and coherent international investment law". Thesis, University of Dundee, 2018. https://discovery.dundee.ac.uk/en/studentTheses/9fdac2be-f33c-48c1-b299-39ba8464fb51.
Abstract (sommario):
International investment law has been developing for centuries. During the development process of international investment law, legal norms and principles of international investment law are evolved and shaped as sui generis nature, and separate legal regime as a branch of international law. The contemporary international investment law, according to United Nations Conference on Trade and Development data, currently, 2283 BITs and 280 other investment agreements are in force in international investment system, and high numbers of disputes are pending in different international dispute settlement bodies. These international investment agreements are interpreted and applied by arbitrators at different investor-state dispute settlement institutions or in ad-hoc arbitrations. Different interpretations and paradoxical arbitration awards cause critics regarding consistency, coherence and uniformity issues of the international investment law regime. Given the characteristics of international investment law regime, this thesis aims to study the institutionalisation and constitutionalisation processes of the international investment law regime. Moreover, the thesis attempts to ascertain consistent means by examining the nature of the international investment law regime and its institutionalisation and constitutionalisation processes to solve the issues associated with uniformity consistency and coherence. This thesis can also provide guidance and some recommendations that would have a chance of being carried out regarding new trends and developments of the international investment regime. Therefore, the major concern of this research is to understand the suitability of institutionalisation and constitutionalisation to sustain more consistent, coherent and uniform international investment law regime. In the first part of the research project, the nature of international investment law and its interaction with other international law systems, definitions and the necessity of uniformity, coherence and consistency are scrutinized. The second part starts with the solutions in the literature and their overview, and then institutionalisation and constitutionalisation are discussed. In the last part of this research, the energy sector and the Energy Charter Treaty are examine as case study, trying to understand the current creation of a uniform, coherent and consistent international investment regime in the energy sector. This thesis illustrates the nature of the international investment law regime and concepts of institutionalisation and constitutionalisation in legal perspective, as well as analysing coherence, consistency and uniformity issues of the international investment law regime. This project shows institutionalisation and constitutionalisation are developing processes in international investment law regime and they are consistent with the current global trends and developments of the international investment law regime as a branch of international law. The thesis suggests, despite the presence of the uniformity, consistency and coherence issues in international investment law regime, the international investment regime is the compulsory element of world globalisation, and those issues may be solved via applying new approaches that are consistent with the international investment regime’s sui generis nature and its evolving process. This thesis shows institutionalisation and constitutionalisation are congruent with the sui generis nature of international investment regime and contemporary trends and developments.
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Wijesinghe, Sanath Sameera. "Towards global policy coherence for tobacco plain packaging: Examining the challenges for low-and middle-income countries". Thesis, Queensland University of Technology, 2021. https://eprints.qut.edu.au/213227/1/Sanath%20Sameera%20Wijesinghe_Wijesinghe%20Arachchilage_Thesis.pdf.
Abstract (sommario):
This thesis examines the implementation gap of tobacco plain packaging measures between low- and middle-income countries and high-income countries, looking at the likely challenges that low- and middle-income countries face in implementing plain packaging measures. The thesis identifies three key challenges: resource constraints, intense tobacco industry interference and the threat of litigation for purported breaches of intellectual property rights. This thesis makes strong recommendations for how the global community and international law and policy can support low- and middle-income countries that want to implement tobacco plain packaging measures.
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Moundounga, Ntsigou Serge. "La fragmentation du droit international public : l'oeuvre de codification à la lumière de la fragmentation du droit international". Thesis, Strasbourg, 2013. http://www.theses.fr/2013STRAA005.
Abstract (sommario):
Le phénomène de fragmentation reste assez complexe et se trouve mêlé à celui d’internormativité en ce sens qu’il englobe l’étude de la relation entre droit et société et, notamment, le droit international en tant que système juridique. La présente étude constitue, de manière générale, un essai sur l’œuvre de codification et de développement du droit international, en prenant en compte les récentes évolutions du droit international symbolisés dans ce que l’on qualifie, de plus en plus, de fragmentation du droit international. L’hypothèse gravite autour de l’extraordinaire expansion que connait cette discipline depuis près de cinquante ans et des changements survenus au niveau de ce qu’on appelle communément la « Communauté internationale ». L’intérêt est suscité par l’évolution des méthodes d’élaboration des normes du droit international, notamment du fait de la multiplication des organes compétents de l’ONU et le besoin de trouver des solutions pratiques au phénomène des conflits normatifs au niveau international. Ce sont là les deux conséquences (législative et institutionnelle) du phénomène de fragmentation qui menacent aujourd’hui l’ordre juridique international et l’unité du droit international. Il semble donc normal, compte tenu de cette situation, que se produise un nouvel essor de l’idée de codification du droit internationalThe phenomenon of fragmentation is quite complex and is involved in the phenomenon of internormativity in so much as it includes the study of the relationship between law and society and, in particular, international law as a legal system. This study is, as a general, an essay on the work of codification and progressive development of international law as embodied in the practice of the International Law Commission, taking into account recent developments in international law symbolized in what is termed, increasingly, fragmentation of international law. The case revolves around the extraordinary expansion that this discipline has being knowing for nearly fifty years now and around the changes affecting what is commonly called the ‘international community’. The interest is generated by the evolution of methods for the development of international law, owing in particular to the multiplication of the competent organs of the UN and the need to find practical solutions to the phenomenon of normative conflicts at the international level. These are two consequences (legal and institutional) of the phenomenon of fragmentation that now has come to threaten the international legal order and the unity of international law. Therefore, given this situation, the need for a strengthening of the concept of codification of international
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Escudey, Gaëtan. "Le couple en droit international privé : contribution à l’adaptation méthodologique du droit international privé du couple". Thesis, Bordeaux, 2016. http://www.theses.fr/2016BORD0301/document.
Abstract (sommario):
L’influence libérale en droit de la famille et l’essor de l’idéologie individualiste ont provoqué un pluralisme des formes de conjugalité et ont considérablement accru la diversité des règles et des méthodes applicables aux couples en droit international privé contemporain.L’analyse des couples en droit international privé nous a alors conduit à repenser le droit international privé du couple. La déconstruction de la matière met en lumière l’inadaptation actuelle de la méthode conflictuelle classique et l’insuffisance de la méthode de la reconnaissance. En effet, l’actuel droit international privé du couple ne permet pas de garantir la continuité internationale du lien conjugal, pas plus qu’elle ne permet d’assurer un traitement juridique cohérent des problèmes auxquels sont confrontés les couples internationaux. Une réflexion quant à une possible évolution méthodologique de la matière était donc nécessaire. Cette étude vise à démontrer qu’une adaptation de la méthode conflictuelle classique à l’aune des objectifs de la méthode de la reconnaissance et fondée sur un raisonnement en termes de conflit d’autorités est possible. Elle apporterait aux règles de droit international privé du couple une meilleure cohérence tout en assurant aux rapports conjugaux internationaux une réelle stabilitéThe liberal influence in Family Law and the rise of individualist ideology have led to a multiplication of conjugal life forms and considerably increased the diversity of laws and methods applicable to couples in International Private Law. To analyse couples under International Private Law leads us to rethink the International Private Law of the Couple. Deconstructing this subject brings to light the current non-adaptation of the classic conflict of laws method and the insufficiency of the recognition approach. In fact, current International Private Law as it pertains to couples neither guarantees the international recognition of theconjugal bond nor ensures a coherent legal treatment of legal problems faced by international couples. It is therefore necessary to examine a possible methodological evolution of thesubject. This study aims to demonstrate that it is possible to adapt the classic conflict of lawsmethod by taking into account the objectives of the recognition approach whilst founding iton the lex auctoritas rule. This would not only bring better coherence to International Private Law of the Couple but it would also assure a real legal stability for international conjugal relationships
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Vasalou, Evangelia. "Les conflits d’obligations internationales devant la Cour européenne des droits de l’homme". Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2024. http://www.theses.fr/2024ASSA0005.
Abstract (sommario):
Ayant comme axe principal la jurisprudence de la Cour EDH, la présente thèse est centrée sur les conflits entre la CEDH et les autres obligations internationales incombant aux États parties. L’approche de la Cour EDH témoigne de la nécessité de cohérence en droit et de l’harmonisation des conflits d’obligations. Visant à harmoniser les éventuelles contrariétés la Cour de Strasbourg ne s’est pas interrogée sur les causes de ces conflits. L’objet de cette thèse consiste ainsi à rechercher s’il y a des règles juridiques aptes à aménager les conflictualités en amont en générant pour les États l’obligation d’élaborer des normes créant des obligations concordantes. En outre, l’étude se fixe pour objectif de systématiser les cas des conflits entre la CEDH et les autres obligations internationales dans les affaires portées devant la Cour EDH, afin de mettre en relief les conditions d’émergence de ces conflits et de s’interroger sur les moyens de leur gestion. Une grande partie de la réflexion va au-delà de la critique de l’efficacité des moyens d’harmonisation employés par la jurisprudence strasbourgeoise pour proposer des solutions permettant d’éviter les conflits. L’analyse de l’applicabilité des moyens de résolution des conflits s’inscrit dans le cadre de la gestion des conflits dans lesquels sont impliquées les obligations issues de la CEDH. Dans ce contexte, la thèse met l’accent sur les moyens de résolution des conflits qui pourraient être appliqués dans le futur, dans l’hypothèse où la Cour EDH reconnaitrait explicitement une situation de conflit entre la CEDH et une autre obligation internationaleThis thesis explores the question of conflicts between the ECHR and other international obligations for State parties by focusing on the case law of the ECtHR. The ECtHR's approach reflects the need for consistency in law and harmonisation of conflicting obligations. Setting the objective of harmonising potential conflicts, the Court of Strasbourg did not raise the question about the causes of those conflicts. This thesis seeks to examine whether there are any legal rules that could prevent conflicts by obliging States to establish norms that createcompatible obligations. In addition, the study aims to systematise conflicts between the ECHR and other international obligations in cases which were lodged with the ECtHR, in order to highlight the conditions of emergence of these conflicts and to examine the means of their coordination. The overarching theme of the study goes beyond the criticism of the effectiveness of the means of harmonisation applied by the case-law of the Court of Strasbourg, proposing solutions for the avoidance of conflicts. The analysis of the applicability of the means of conflict resolution is part of the management of conflicts in which the obligations of the ECHRare involved. In this context, the thesis delves into the means of conflict resolution that could be applied in the future, should the ECtHR explicitly recognise a situation of conflict between the ECHR and another international obligation
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Katsorchi, Panagiota. "Le réseau des règles de droit international européen de la concurrence". Thesis, Lyon, 2020. http://www.theses.fr/2020LYSE3031.
Abstract (sommario):
Loin d’être une accumulation aléatoire de normes, les règles de droit international européen de la concurrence créées par les accords internationaux de l’Union européenne font partie d’un réseau normatif. Il s’agit d’un réseau de forme étoilée – au centre duquel se trouve l’Union européenne – composé de règles de droit de la concurrence adoptées par l’Union européenne et ses partenaires. L’étude de ces règles ainsi que des instruments internationaux qui les mettent en place, montre que ce réseau se développe de manière équilibrée autour de deux axes : les règles en matière de coopération entre autorités de la concurrence et les règles de fond. Ces règles peuvent être efficaces, en fonction de leur application à des litiges entre entreprises par les juridictions nationales, de la gestion des conflits et des possibilités de coopération entre autorités de la concurrence qu’elles ouvrent. L’objet de la présente étude est de démontrer que l’activité normative de l’Union européenne a conduit à la création d’un réseau de règles de droit international européen de la concurrence cohérent, à l’origine d’un espace juridique où existent des règles susceptibles d’appréhender les comportements anticoncurrentiels et les concentrations qui échappaient jusqu’ici au contrôle nationalFar from being a patchwork, the rules composing the international dimension of EU competition law and policy form part of a normative network. It is a star-shaped network – with the European Union in its centre – composed of rules of competition law adopted by the European Union and its partners. An analysis of those rules and of the international instruments that create them demonstrates that that network evolves in a way which balances rules on cooperation between competition authorities and rules on substance. Those rules can be effective, depending on the way they apply in litigation between undertakings by national courts and by the way they facilitate conflict management and incite cooperation between competition authorities. The purpose of this study is to demonstrate that the normative activity undertaken by the European Union has led to the creation of a coherent network of rules and forms the basis of a judicial sphere including rules that can tackle anticompetitive behaviours and mergers that would otherwise have escaped national control
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Tiba, Firew Kebede. "Multiplicity of international courts and tribunals implications for the coherent application of public internaional law /". Click to view the E-thesis via HKUTO, 2008. http://sunzi.lib.hku.hk/hkuto/record/b40203591.
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Busnardo, Anna <1989>. "International Refugee Law. The Case of Spain". Master's Degree Thesis, Università Ca' Foscari Venezia, 2014. http://hdl.handle.net/10579/4232.
Abstract (sommario):
Lo scopo di questa tesi di laurea magistrale è quello di trattare il ruolo del rifugiato nello scenario europeo, con particolare riferimento al caso spagnolo. Partendo da un’analisi di alcuni articoli della Convenzione di Ginevra del 1951 riguardante i rifugiati e l’annesso Protocollo si passerà all’analisi della situazione dei rifugiati e richiedenti d’asilo a livello europeo. Si terminerà con il riferimento al caso spagnolo, in particolare alla realtà di Ceuta. Verranno infine date alcune considerazioni riguardo alla situazione giuridica di questi soggetti cercando di apporre delle possibili idee di miglioramento in un periodo storico che vede il fenomeno dell’immigrazione al centro delle politiche mondiali.
Libri sul tema "Coherence of international case-Law":
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D, Ba Alice, e Hoffmann Matthew J, a cura di. Contending perspectives on global governance: Coherence and contestation. New York, NY: RoutledgeCurzon, 2005.
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Boas, Gideon, William Schabas e Michael P. Scharf. International criminal justice: Legitimacy and coherence. Cheltenham, UK: Edward Elgar, 2012.
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Cottier, Thomas. The prospects of international trade regulation: From fragmentation to coherence. Cambridge: Cambridge University Press, 2011.
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Cottier, Thomas. The prospects of international trade regulation: From fragmentation to coherence. Cambridge: Cambridge University Press, 2011.
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Sacha, Prechal, e Roermund G. van, a cura di. The coherence of EU law: The search for unity in divergent concepts. Oxford [UK]: Oxford University Press, 2008.
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Forere, Malebakeng Agnes. The relationship of WTO law and regional trade agreements in dispute settlement: From fragmentation to coherence. Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2015.
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Vermeulen, G. EULOCS: The EU level offence classification system : a bench-mark for enhanced international coherence of the EU's criminal policy. Antwerp: Maklu, 2009.
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Müller, Christoph. Swiss case law in international arbitration. 2a ed. Genève: Schulthess, 2010.
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Müller, Christoph. Swiss case law in international arbitration. 2a ed. Genève: Schulthess, 2010.
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Tofan, Claudia. Torture in international criminal law: Recent case law. The Hague, The Netherlands: International Courts Association, 2011.
Capitoli di libri sul tema "Coherence of international case-Law":
1
Wu, Chien-Huei. "Greater Coherence in Global Economic Policymaking: Progress and Prospect". In European Yearbook of International Economic Law 2014, 67–92. Berlin, Heidelberg: Springer Berlin Heidelberg, 2013. http://dx.doi.org/10.1007/978-3-642-40913-4_4.
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Wuenschmann, Benny. "Toward Higher Coherence in Shareholder Claims for Reflective Losses". In Handbook of International Investment Law and Policy, 1–28. Singapore: Springer Singapore, 2020. http://dx.doi.org/10.1007/978-981-13-5744-2_117-1.
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Wuenschmann, Benny. "Toward Higher Coherence in Shareholder Claims for Reflective Losses". In Handbook of International Investment Law and Policy, 1033–61. Singapore: Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-13-3615-7_117.
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Gao, Henry. "TPP, Regulatory Coherence and China’s Free Trade Strategy from A to Z". In European Yearbook of International Economic Law 2016, 507–14. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-29215-1_21.
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Asteriti, Alessandra. "Article 21 TEU and the EU’s Common Commercial Policy: A Test of Coherence". In European Yearbook of International Economic Law 2017, 111–37. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-58832-2_5.
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Busch, Christoph. "From Algorithmic Transparency to Algorithmic Choice: European Perspectives on Recommender Systems and Platform Regulation". In The International Library of Ethics, Law and Technology, 31–54. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-34804-4_3.
Abstract (sommario):
AbstractAlgorithmic recommendations and rankings have become a key feature of the user experience offered by digital platforms. Recommender systems determine which information and options are prominently presented to users. While there is abundant technical literature on recommender systems, the topic has only recently attracted the attention of the European legislator. This chapter scrutinizes the emerging European regulatory framework for algorithmic rankings and recommendations in the platform economy with a specific focus on online retail platforms. Surveying the new rules for rankings and recommender systems in consumer contract law, unfair commercial practices law, and platform regulation, it identifies shortcomings and inconsistencies and highlights the need for coherence between the different regulatory regimes. The Digital Services Act could change the regulatory trajectory by introducing (albeit hesitantly and incompletely) a new regulatory model that shifts the focus from algorithmic transparency to algorithmic choice. More importantly, a choice-based approach to recommender governance and a market for third-party recommender systems (“RecommenderTech”) could also be facilitated by the new interoperability requirements introduced by the Digital Markets Act.
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Tuan Sidek, T. M., J. Abdul Kamil e A. W. Nubli. "The Effect of Zikr on Physiological Coherence: A Case Study on Selected University Students". In Proceedings of the International Conference on Science, Technology and Social Sciences (ICSTSS) 2012, 279–83. Singapore: Springer Singapore, 2014. http://dx.doi.org/10.1007/978-981-287-077-3_33.
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Cubie, Dug, e Tommaso Natoli. "Coherence, Alignment and Integration: Understanding the Legal Relationship Between Sustainable Development, Climate Change Adaptation and Disaster Risk Reduction". In Creating Resilient Futures, 45–64. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-80791-7_3.
Abstract (sommario):
AbstractInternational law can play an important role in promoting national, regional and international actions to tackle the human impacts of climate change and disasters. Of note, 2015 saw the adoption of three interconnected normative frameworks: the Sendai Framework for Disaster Risk Reduction 2015–2030, the Paris Agreement under the UN Framework Convention on Climate Change (UNFCCC), and the UN’s 2030 Agenda for Sustainable Development and the Sustainable Development Goals (SDGs). One may therefore be tempted to view this body of international norms, rules and standards as a comprehensive and unified system. Yet the increasing complexity and specialisation of different international legal regimes has led to concerns regarding a confusing fragmentation of international law. This chapter will therefore examine the relationship between the three topics of sustainable development, climate change adaptation (CCA) and disaster risk reduction (DRR) from a legal perspective. The chapter will commence with a discussion of the legal status of different international instruments, before providing a textual analysis of the language used by states, the UN, NGOs and other actors in the relevant documents. We then propose an ‘hourglass’ model of the legal relationships between these three different international frameworks based on: systemic coherence at the international level; vertical alignment between the international, regional and national levels; and horizontal integration of international norms at the domestic level. To support this proposal, examples will be provided from the Pacific Island Countries (PICs), drawing on research undertaken through the IRC-MSCA CAROLINE project ‘Leave No One Behind: Developing Climate-Smart/Disaster Risk Management Laws that Protect People in Vulnerable Situations for a Comprehensive Implementation of the UN Agenda 2030.’
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Van Roermund, Bert. "Narrative Coherence and the Facts of the Case". In Law, Narrative and Reality, 37–48. Dordrecht: Springer Netherlands, 1997. http://dx.doi.org/10.1007/978-94-017-2051-9_3.
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"General Principles of International Environmental Law in the Case Law of International Courts and Tribunals". In General Principles and the Coherence of International Law, 408–41. Brill | Nijhoff, 2019. http://dx.doi.org/10.1163/9789004390935_025.
Atti di convegni sul tema "Coherence of international case-Law":
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Zubairy, M. Suhail. "The Photo-Carnot Cycle: The Preparation Energy for Atomic Coherence". In QUANTUM LIMITS TO THE SECOND LAW: First International Conference on Quantum Limits to the Second Law. AIP, 2002. http://dx.doi.org/10.1063/1.1523787.
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Scully, Marlan O. "Extracting Work from a Single Heat Bath via Vanishing Quantum Coherence II: Microscopic Model". In QUANTUM LIMITS TO THE SECOND LAW: First International Conference on Quantum Limits to the Second Law. AIP, 2002. http://dx.doi.org/10.1063/1.1523786.
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Benvenuti, Edoardo. "PRIVATE INTERNATIONAL LAW AS A MEANS TO PROJECT EU DIGITAL VALUES ABROAD". In International Scientific Conference on International, EU and Comparative Law Issues “Law in the Age of Modern Technologies”. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2023. http://dx.doi.org/10.25234/eclic/28266.
Abstract (sommario):
In light of the pivotal role that new technologies play for the achievement of policy objectives, and considering their ability to negatively affect rights and freedoms in a ubiquitous manner, EU law is adopting a number of instruments to regulate those matters that are particularly influenced by digitalisation. Such instruments include substantive rules applicable to several online activities. This legislation aims at establishing an environment where digital interactions take place in accordance with fundamental rights, whose protection is enshrined within EU primary law, as well as to ensure the proper functioning of the internal market. Given the ubiquitous nature of digital technologies, and in order for these rules to be effective, their scope of application is designed to also include cases that may be strongly related to Third States. In this way, the EU aims at strengthening its digital sovereignty by creating a strong digital single market, and by guaranteeing the protection of European users, whose rights should benefit from the protection of EU substantive law even when digital activities take place abroad. Although the EU has a strong interest in ensuring a broad application of its substantive rules, the possibility for EU law to be concretely applicable abroad depends – in the first place – on the existence of jurisdictional rules specifically designed to apply to disputes that may involve parties from Third States. Nonetheless, while some of the instruments adopted in this area ensure the application of substantive rules by providing for specific grounds of jurisdiction, litigation in these matters will normally fall within the scope of Regulation (EU) n. 1215/2012, whose rules apply – in general – only when the defendant has her/his domicile in the Union. In light of these considerations, the paper will assess the coherence between the broad scope of some of the instruments that the EU has adopted (or is going to adopt) in fields strongly affected by digitalisation – such as the GDPR, as well as other EU’s initiatives pertaining to Artificial Intelligence and to digital platforms – and Regulation (EU) n. 1215/2012, in order to evaluate the ability of the latter to support the application of EU digital standards world-wide.
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Stirling, Wynn C., e Matthew S. Nokleby. "Rational coordination under risk: Coherence and the Nash bargain". In 2008 IEEE International Conference on Automation Science and Engineering (CASE 2008). IEEE, 2008. http://dx.doi.org/10.1109/coase.2008.4626432.
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Lam, Christopher, e Jo Mackiewicz. "A Case Study of Coherence in Workplace Instant Messaging". In 2007 IEEE International Professional Communication Conference. IEEE, 2007. http://dx.doi.org/10.1109/ipcc.2007.4464067.
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Boccardo, Piero, Vittorio Gentile, Fabio Giulio Tonolo, Domenico Grandoni e Magdalena Vassileva. "Multitemporal SAR coherence analysis: Lava flow monitoring case study". In IGARSS 2015 - 2015 IEEE International Geoscience and Remote Sensing Symposium. IEEE, 2015. http://dx.doi.org/10.1109/igarss.2015.7326370.
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Raymer, Michael G. "Multimode and fluctuation effects in stimulated Raman scattering". In International Laser Science Conference. Washington, D.C.: Optica Publishing Group, 1986. http://dx.doi.org/10.1364/ils.1986.wb4.
Abstract (sommario):
Experimental and theoretical studies of stimulated Raman scattering (SRS) involving temporal and/or spatial incoherence are reviewed. In the case of a transform-limited (in space and time) pump pulse, SRS may be generated either coherently or incoherently, depending on the geometry of the interaction volume and on the rate of collisional dephasing. Spatial coherence is governed by the Fresnel number of the volume, while temporal coherence is governed by the average number of collisions occurring within the Stokes pulse duration. These coherences manifest themselves in the pulse-energy probability distribution of Stokes pulses.1 In the case of a pump pulse that is diffraction-limited but is multimode in frequency, the generated Stokes pulse has intensity modulations that are correlated to those of the pump pulse. The degree of correlation depends on the average number of collisions occurring during a single intensity fluctuation (i.e., ratio of Raman linewidth to laser bandwidth).2
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Khan, Omer, Henry Hoffmann, Mieszko Lis, Farrukh Hijaz, Anant Agarwal e Srinivas Devadas. "ARCc: A case for an architecturally redundant cache-coherence architecture for large multicores". In 2011 IEEE 29th International Conference on Computer Design (ICCD 2011). IEEE, 2011. http://dx.doi.org/10.1109/iccd.2011.6081431.
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Li, Yuanhao, Xinyan Chen, Zhiyang Chen e Cheng Hu. "S-Band Spaceborne SAR Interferometric Coherence Analysis: A Study Case in Peth, Australia". In IGARSS 2022 - 2022 IEEE International Geoscience and Remote Sensing Symposium. IEEE, 2022. http://dx.doi.org/10.1109/igarss46834.2022.9883695.
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Calin, A. I., C. C. Daniel e M. Constantin-Anton. "Case Study on Vibration Transmissibility through Human Body during Flexion Movement and Its Coherence". In EUROCON 2005 - The International Conference on "Computer as a Tool". IEEE, 2005. http://dx.doi.org/10.1109/eurcon.2005.1629943.
Rapporti di organizzazioni sul tema "Coherence of international case-Law":
1
Lewis, Dustin, Radhika Kapoor e Naz Modirzadeh. Advancing Humanitarian Commitments in Connection with Countering Terrorism: Exploring a Foundational Reframing concerning the Security Council. Harvard Law School Program on International Law and Armed Conflict, dicembre 2021. http://dx.doi.org/10.54813/uzav2714.
Abstract (sommario):
The imperative to provide humanitarian and medical services on an urgent basis in armed conflicts is anchored in moral tenets, shared values, and international rules. States spend tens of billions of dollars each year to help implement humanitarian programs in conflicts across the world. Yet, in practice, counterterrorism objectives increasingly prevail over humanitarian concerns, often resulting in devastating effects for civilian populations in need of aid and protection in war. Not least, confusion and misapprehensions about the power and authority of States relative to the United Nations Security Council to set policy preferences and configure legal obligations contribute significantly to this trajectory. In this guide for States, we present a framework to reconfigure relations between these core commitments by assessing the counterterrorism architecture through the lens of impartial humanitarianism. We aim in particular to provide an evidence base and analytical frame for States to better grasp key legal and policy issues related to upholding respect for principled humanitarian action in connection with carrying out the Security Council’s counterterrorism decisions. We do so because the lack of knowledge regarding interpretation and implementation of counterterrorism resolutions matters for the coherence, integrity, and comprehensiveness of humanitarian policymaking and protection of the humanitarian imperative. In addition to analyzing foundational concerns and evaluating discernible behaviors and attitudes, we identify avenues that States may take to help achieve pro-humanitarian objectives. We also endeavor to help disseminate indications of, and catalyze, States’ legally relevant positions and practices on these issues. In section 1, we introduce the guide’s impetus, objectives, target audience, and structure. We also describe the methods that we relied on and articulate definitions for key terms. In section 2, we introduce key legal actors, sources of law, and the notion of international legal responsibility, as well as the relations between international and national law. Notably, Security Council resolutions require incorporation into national law in order to become effective and enforceable by internal administrative and judicial authorities. In section 3, we explain international legal rules relevant to advancing the humanitarian imperative and upholding respect for principled humanitarian action, and we sketch the corresponding roles of humanitarian policies, programs, and donor practices. International humanitarian law (IHL) seeks to ensure — for people who are not, or are no longer, actively participating in hostilities and whose needs are unmet — certain essential supplies, as well as medical care and attention for the wounded and sick. States have also developed and implemented a range of humanitarian policy frameworks to administer principled humanitarian action effectively. Further, States may rely on a number of channels to hold other international actors to account for safeguarding the humanitarian imperative. In section 4, we set out key theoretical and doctrinal elements related to accepting and carrying out the Security Council’s decisions. Decisions of the Security Council may contain (binding) obligations, (non-binding) recommendations, or a combination of the two. UN members are obliged to carry out the Council’s decisions. Member States retain considerable interpretive latitude to implement counterterrorism resolutions. With respect to advancing the humanitarian imperative, we argue that IHL should represent a legal floor for interpreting the Security Council’s decisions and recommendations. In section 5, we describe relevant conduct of the Security Council and States. Under the Resolution 1267 (1999), Resolution 1989 (2011), and Resolution 2253 (2015) line of resolutions, the Security Council has established targeted sanctions as counterterrorism measures. Under the Resolution 1373 (2001) line of resolutions, the Security Council has adopted quasi-“legislative” requirements for how States must counter terrorism in their national systems. Implementation of these sets of resolutions may adversely affect principled humanitarian action in several ways. Meanwhile, for its part, the Security Council has sought to restrict the margin of appreciation of States to determine how to implement these decisions. Yet international law does not demand that these resolutions be interpreted and implemented at the national level by elevating security rationales over policy preferences for principled humanitarian action. Indeed, not least where other fields of international law, such as IHL, may be implicated, States retain significant discretion to interpret and implement these counterterrorism decisions in a manner that advances the humanitarian imperative. States have espoused a range of views on the intersections between safeguarding principled humanitarian action and countering terrorism. Some voice robust support for such action in relation to counterterrorism contexts. A handful call for a “balancing” of the concerns. And some frame respect for the humanitarian imperative in terms of not contradicting counterterrorism objectives. In terms of measures, we identify five categories of potentially relevant national counterterrorism approaches: measures to prevent and suppress support to the people and entities involved in terrorist acts; actions to implement targeted sanctions; measures to prevent and suppress the financing of terrorism; measures to prohibit or restrict terrorism-related travel; and measures that criminalize or impede medical care. Further, through a number of “control dials” that we detect, States calibrate the functional relations between respect for principled humanitarian action and countering terrorism. The bulk of the identified counterterrorism measures and related “control dials” suggests that, to date, States have by and large not prioritized advancing respect for the humanitarian imperative at the national level. Finally, in section 6, we conclude by enumerating core questions that a State may answer to help formulate and instantiate its values, policy commitments, and legal positions to secure respect for principled humanitarian action in relation to counterterrorism contexts.
2
Silverman, Allison. Using International Law to Advance Women’s Tenure Rights in REDD+. Rights and Resources Initiative, giugno 2015. http://dx.doi.org/10.53892/uyna2326.
Abstract (sommario):
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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Ashley, Robert P. Making the Case for Preemption: International Law, Sovereignty, and Legitimacy in the Global Pursuit of Al Qaeda. Fort Belvoir, VA: Defense Technical Information Center, marzo 2005. http://dx.doi.org/10.21236/ada432816.
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Stumpo, Sergio. The Sustainability of Urban Heritage Preservation: The Case of Verona, Italia. Inter-American Development Bank, agosto 2010. http://dx.doi.org/10.18235/0006916.
Abstract (sommario):
This study analyzes the Historic Center of Verona, which was declared a UNESCO World Heritage Site in 2000. The recognition by UNESCO is certainly understood as an element of prestige on an international level, and one of pride for the local community. Above all it indicates a clear responsibility of all citizens to preserve, carefully use, and strengthen the coherent uniqueness of the site so that present and future generations may enjoy this heritage, which is closely linked to the cultural identity of the city's inhabitants.
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Rodríguez Piedrahita, Adrián F. International Arbitration Claims against Domestic Tax Measures Deemed Expropriatory or Unfair and the Inequitable. Inter-American Development Bank, febbraio 2006. http://dx.doi.org/10.18235/0008623.
Abstract (sommario):
Preliminary statements about the role of FTAs and the importance of understanding the potential consequences of adopting tax measures deemed expropriatory or unfair and inequitable. Overview of CAFTA-DR¿s Framework on Indirect Expropriation. Introduces the concepts of investment, the obligation not to expropriate, and dispute resolution alternatives available. Tax Measures Equating to Indirect Expropriation. Discusses the role of international law in the interpretation and application of treaty rules, particularly the obligations not to expropriate and to afford the investor fair and equitable treatment, approaching them from the perspective of domestic tax measures. Domestic Tax Disputes Rising to the Level of Investment Arbitration Disputes. Through a comparative analysis of a recent case it elaborates on the investor¿s room to characterize a domestic tax dispute as an investment dispute seeking relief under treaty provisions from an international arbitration panel.
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Hicks, Jacqueline. Drivers of Compliance with International Human Rights Treaties. Institute of Development Studies (IDS), agosto 2021. http://dx.doi.org/10.19088/k4d.2021.130.
Abstract (sommario):
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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Judith, Meyer, e David Keller. H - Requirement No. 1. OceanNETs, settembre 2020. http://dx.doi.org/10.3289/oceannets_d10.1.
Abstract (sommario):
The purpose of this deliverable is to provide detailed information on the informed consent procedures that will be implemented for the participation of humans, including the information about the management of informed consent forms. This pertains to work conducted in WP 2 Governance, policy, and international law, WP 3 Public perception, WP 6 Ocean alkalinization case studies, and WP 7 Stakeholder Dialogue and the Provision of Knowledge, which involves the collection of information from laypersons and stakeholders.
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Michel, Bob, e 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), novembre 2021. http://dx.doi.org/10.19088/ictd.2021.023.
Abstract (sommario):
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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Carty, Anthony, e 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), ottobre 2021. http://dx.doi.org/10.19088/ids.2021.057.
Abstract (sommario):
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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Murphy, Keire, e Anne Sheridan. Annual report on migration and asylum 2022: Ireland. ESRI, novembre 2023. http://dx.doi.org/10.26504/sustat124.
Abstract (sommario):
Annual Report on Migration and Asylum gives overview of statistics and developments in migration in 2022. The European Migration Network (EMN) Ireland within the ESRI has published its annual review of migration and asylum in Ireland. The EMN is an EU network that provides objective, comparable policy-relevant information on migration and international protection. EMN Ireland is located in the ESRI and is funded by the European Union and the Department of Justice. With an overview of the latest data as well as policy and operational developments, research, and case law from 2022, this report is a comprehensive reference that gives an opportunity to view the entire migration landscape in Ireland. The report shows that many forms of migration are recovering quickly from COVID-19 travel restrictions. It also shows that migration is being impacted by shortages in the labour market and the Russian invasion of Ukraine. As a result of these developments and others, Ireland saw a significant increase in immigration, with 141,600 people arriving in the year leading up to April 2023, according to CSO figures. This represents a 31% increase from the year to April 2022. However, emigration also increased, with 64,000 individuals leaving Ireland during the same period, marking a 14% increase from the previous year. 2022 saw a significant increase in first residence permits (which are granted to migrants from outside the EEA) from 2021. 85,793 permits were issued in 2022, with education the most common reason for permits (48%). Partially reflecting changes to eligible occupations for employment permits, the number of employment permits issued was the highest in the last 10 years. 39,995 employment permits were issued, with the information and communication sector the largest recipient of permits. Key developments in this area highlighted by the report include discussions on and progress with the Employment Permits Bill, changes to the Atypical Working Scheme, plans for a single application procedure for employment permits and immigration permissions, and changes to employment permits occupation lists to respond to labour market shortages. The report analyses international protection, showing significant increases in international protection applications as well as details of applications, decisions made, and statuses awarded. It shows an expansion of decision-making in response to increased applications. Looking at the broader EU situation, the report shows that applications for international protection in Ireland accounted for 1.3% of the EU total in 2022. The report also details the pressure on the reception and accommodation system for international protection applicants and beneficiaries of temporary protection, as well as the extraordinary measures taken to scale these up. It highlights measures taken to implement the White Paper to End Direct Provision and informs on a review of timelines of the plan. It discusses changes made by the International Protection Office to speed up processing, and criticism of these measures by NGOs, as well as details of the regularisation scheme for undocumented migrants and the humanitarian admission of Afghans. The Temporary Protection Directive – an EU Directive that creates an exceptional measure to provide immediate and temporary protection in the event of a mass influx of displaced persons – was triggered for the first time in March 2022, following the Russian invasion of Ukraine. As a result, the report includes a dedicated chapter with statistics relating to arrivals and a detailed overview of Ireland’s response to displaced persons from Ukraine. It also gives a comprehensive overview of other areas of migration, as well as research and case law from 2022, providing a crucial reference text for anyone working in the area.