The EU has been implementing strict food laws and regulations that de facto constrain exports from Indonesia, particularly regarding agricultural products. This study uses the comparative law method ...and the FSO/ALOP framework to analyze how to design better strategies for Indonesia when dealing with the more stringent food laws and regulations of the EU, particularly in the case of shrimp and nutmeg. This study proposes that the choice of strategy should depend on the nature of the hazard, the existing national food control system, and the availability of the relevant international standard.
The article investigates the current and potential relevance of Article 5.6 SPS in deciding SPS disputes, and its impact on trade liberalization and WTO Members’ power to take sanitary and ...phytosanitary measures.Article 5.6 of the SPS Agreement states that SPS measures may not be more trade restrictive than required to achieve a Member's appropriate level of protection. This obligation is self-standing and separate (in Article 5.6) from the necessity test (Article 2.2). We argue that its autonomous nature makes Article 5.6 SPS a distinct type of trade-off instrument (‘excessivity test’).Using the software ATLAS.ti, we conducted a systematic content analysis of all SPS disputes invoking Article 5.6. In particular, we surveyed the jurisprudential development of the provision (outcomes of 5.6 SPS cases over time, DSB application of the three cumulative conditions and their respective outcome determinacy).Our findings show that the importance of Article 5.6 has significantly increased over time, and holds immense potential for challenges to WTO Members domestic SPS measures for being excessively trade restrictive.
Abstract
In June 2014, the UN Human Rights Council established an intergovernmental working group to elaborate a treaty on business and human rights. In July 2015, the working group held its first ...session launching the negotiations process—the culmination of a global movement of non-governmental organizations (NGOs) that over the last four decades have called for greater corporate accountability for human rights violations. The advocacy activities of the Treaty Alliance, an alliance of NGOs that supports the development of the treaty, were pivotal to the tabling of the resolution establishing the working group. These organizations now have the opportunity to engage with the negotiations process, both formally and informally, through consultations, advocacy, and lobbying. This article considers the impact NGOs may have in the drafting negotiations of the proposed treaty. It identifies several lobbying and advocacy strategies that were successful in previous international law-making processes and discusses the extent to which they could be applied to the current negotiations. It presents the benefits of an NGO coalition, of formal and informal lobbying strategies, and of the development of a common NGOs and friendly states framework. It analyses the reasons for Western states’ opposition and suggests lobbying strategies that may overcome it. Recognizing the unique subject matter of this treaty, it also focuses on lobbying corporate actors, and explores the complementarity between the Guiding Principles on Business and Human Rights and the treaty and the need for NGOs to support both. The article concludes on the necessity to compromise on essential points if a treaty is ever to emerge.
This handbook presents contemporary research on public administration in Latin America. The first section explores the range of administrative systems in existence across the region. The second ...portion of the book discusses important topics such as public personnel management, accountability and policy coordination in Latin America.
Neil Brenner has in the past few years made a major impact on the ways in which we understand the changing political geographies of the modern state. Simultaneously analyzing the restructuring of ...urban governance and the transformation of national states under globalizing capitalism, 'New State Spaces' is a mature and sophisticated analysis of broad interdisciplinary interest, making this a highly significant contribution to the subject. Available in OSO: http://www.oxfordscholarship.com/oso/public/content/politicalscience/9780199270057/toc.html
Many fear that democracies are suffering from a legitimacy crisis. This book focuses on 'democratic deficits', reflecting how far the perceived democratic performance of any state diverges from ...public expectations. Pippa Norris examines the symptoms by comparing system support in more than fifty societies worldwide, challenging the pervasive claim that most established democracies have experienced a steadily rising tide of political disaffection during the third-wave era. The book diagnoses the reasons behind the democratic deficit, including demand (rising public aspirations for democracy), information (negative news about government) and supply (the performance and structure of democratic regimes). Finally, Norris examines the consequences for active citizenship, for governance and, ultimately, for democratization. This book provides fresh insights into major issues at the heart of comparative politics, public opinion, political culture, political behavior, democratic governance, political psychology, political communications, public policymaking, comparative sociology, cross-national survey analysis and the dynamics of the democratization process.
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