Predominant political theory holds that legislators are protectionist regarding international trade because susceptibility to minority interest groups leads them to vote in ways that protect domestic ...industries at the expense of free trade. Because free trade is widely regarded as beneficial to the majority, the protectionist tendency of the legislature is believed to be a disservice to most Americans. These two theories have led to policies that restrict the role of the legislature in the formulation of trade policy, specifically, the creation of the fast track framework for trade policy legislation that exists today. This essay challenges these two theories, offering evidence that fast track legislation & the theories supporting a reduced role for the legislature in trade policy may be based on widely held, but unjustified, beliefs. Adapted from the source document.
The debate between the judicial and legislative responses to incorporation of labor and environmental standards at an international level seems to parallel a tension between competing attributes of ...legitimacy in decisionmaking within domestic legal systems: expertise and independence on the one hand, versus accountability and representativeness on the other. Although the legislative response to linkage is politically more desirable, it appears to be less plausible. Judicial response may represent the best option, particularly at an early stage. Moreover, judicial response might have an "action-forcing" effect, in which the relative benefit of codification through legislation increases over time to correct any deficiencies in the rules established by the legislature. However, potentially prohibitive decision costs might reduce overall welfare by barring collective action, resulting in the continuation of a rule that does not represent the aggregate preferences of the members and their respective constituencies. On either side, however, the purported virtues can be seen as vices: One can regard the expertise of the judiciary as "insider" bias, and the accountability of the legislature is susceptible to capture. Even more complexly, recently these charges of insider bias and capture have sometimes strayed outside their traditional realms: Critics have charged the WTO judiciary with capture and the representatives of member states with insider bias. As the "Development Round" of WTO negotiations moves forward, the international debate on integrating trade, labor, and environmental law must determine not only the appropriate substance and form of the rule, but also the appropriate decisionmaking institution and process.
Labor and environment standards resemble intellectual property standards in terms of their relationship to trade flows and their international legal status. Despite these similarities, only ...intellectual property standards have been incorporated into the WTO. Once conventional defenses for excluding labor and environment standards from the WTO are cleared away, more genuine issues of political will and orientation emerge. If these political problems were resolved, however, real difficulties of legal form would arise - the coherence and content of labor and environment obligations, and other justiciability concerns. However, a comparison to similar challenges within trade and intellectual property law suggests that such difficulties can be overcome, if it is deemed desirable to do so. PUBLICATION ABSTRACT
Conceptualizing international migration law Chetail, Vincent; Thomas, Chantal
American Society of International Law. Proceedings of the Annual Meeting,
01/2016, Letnik:
110
Journal Article, Conference Proceeding
Yet the role of international law is undermined by the fragmentation of legal norms scattered throughout a wide array of rules from numerous branches of international law (e.g., refugee law, human ...rights law, humanitarian law, labor law, trade law, maritime law, criminal law, nationality law). During the last two decades, a substantial number of textbooks have been published to map this growing field of international law.1 With this aim, international migration law may be defined as the set of international rules governing the movement of persons between states and the legal status of migrants within host states. Customary international law unveils and regulates the three components of the migration continuum: departure from the country of origin, admission into the territory of a foreign state, and sojourn therein.2 Regarding the first component, the customary law nature of the right to leave (with the usual lawful restrictions based on national security and public order) finds strong support in the large number of treaties restating this basic right, the similarity of their respective wording, their wide ratification, and the rare reservations, as well as in its endorsement in many international resolutions and domestic constitutions. ...of a long normative process, departure has been divorced from admission to constitute a distinct norm primarily addressed to states of origin and reinforced by the right to return to one's own country. The admission of non-citizens is governed by customary international law through both substantive requirements (such as the principle of nonrefoulement) and procedural ones (including the prohibition...
Casanova est un séducteur sans principe. Il ne cherche pas avant tout l’exploit, et ses démarches ne s’alignent pas sur une stratégie fixe. Casanova, joueur, aventurier, est d’abord amant du hasard, ...de la Fortune, déesse aux yeux bandés. C’est sous le signe de la diversité, du risque, de l’imprévisible, qu’adviennent ses séductions. Ce qui n’exclut pas les thèmes récurrents et les répétitions. En accord avec les pulsions d’une complexion érotique (un « tempérament », dirait Casanova) à la foi...
This chapter emphasizes the role of political economy, and the ways in which global governance has affected (or failed to affect) it, in generating immigration crises. Going beyond politics toward ...political economy illuminates both the origins of US intervention in Central America, and the ways in which that intervention has shaped migration from the region. US involvement stemmed from global power struggles over the organization of economic production: namely, its concerns about the turn to socialism, particularly after the Cuban Revolution. If foreign policy origins stemmed from economics, often so did policy tools; such measures oriented Central American economies towards the US as a destination for its exports, and increased the Central American presence of US investors and imports. They also engendered profound changes in Central American economic life: changes that each in their own way have reinforced patterns contributing to the current migration surge.
Introductory Remarks By Kimberly Brown Brown, Kimberly
American Society of International Law. Proceedings of the Annual Meeting,
2020, Letnik:
114
Journal Article, Conference Proceeding
This session explored the compatibility of some of the world's most prominent international organizations and legal regimes with three Sustainable Development Goals (SDGs): SDG 5 (Achieve gender ...equality and empower all women and girls); SDG 10 (Reduce inequality within and among countries); and SDG 16 (Promote peaceful and inclusive societies, access to justice, and accountable and inclusive institutions at all levels). Panelists reflected on whether international legal rules and organizations addressed or hindered these goals across three dimensions.
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