scholarly journals Causal Inference, International Law, And Maritime Disputes

AJIL Unbound ◽  
2021 ◽  
Vol 115 ◽  
pp. 389-393
Author(s):  
Benjamin J. Appel
Keyword(s):  
Causal Inference ◽  
International Law ◽  
Law Of The Sea ◽  
International Courts ◽  
Legal Scholarship ◽  
Wide Range ◽  
Maritime Disputes ◽  
Empirical Tests ◽  
The Impact ◽  
The Relationship

Sara Mitchell and Andrew Owsiak's examination of the impact of UN Convention on the Law of the Sea (UNCLOS) and Article 287 declarations on the peaceful resolution of maritime disputes significantly advances the literature on the relationship between international law/international courts and maritime issues. To their credit, the authors employ a wide range of empirical tests in the article to provide readers with confidence in the empirical results. Nonetheless, there are some important limitations in their approach. Drawing on insights from the causal inference literature, I argue that Mitchell and Owsiak's empirical analyses suffer from two biases that both (1) raise concerns about the causal relationships identified in the article, and (2) suggest some important scope conditions in its empirical findings. I investigate the biases and propose suggestions for legal scholarship to produce more credible results.

Legitimacy

2019 ◽  
Keyword(s):  
International Law ◽  
The State ◽  
State Sovereignty ◽  
International Courts ◽  
The Rule Of Law ◽  
State Legitimacy ◽  
The Relationship ◽  
Supranational Institutions

This collection brings together scholars of jurisprudence and political theory to probe the question of ‘legitimacy’. It offers discussions that interrogate the nature of legitimacy, how legitimacy is intertwined with notions of statehood, and how legitimacy reaches beyond the state into supranational institutions and international law. Chapter I considers benefit-based, merit-based, and will-based theories of state legitimacy. Chapter II examines the relationship between expertise and legitimate political authority. Chapter III attempts to make sense of John Rawls’s account of legitimacy in his later work. Chapter IV observes that state sovereignty persists, since no alternative is available, and that the success of the assortment of international organizations that challenge state sovereignty depends on their ability to attract loyalty. Chapter V argues that, to be complete, an account of a state’s legitimacy must evaluate not only its powers and its institutions, but also its officials. Chapter VI covers the rule of law and state legitimacy. Chapter VII considers the legitimation of the nation state in a post-national world. Chapter VIII contends that legitimacy beyond the state should be understood as a subject-conferred attribute of specific norms that generates no more than a duty to respect those norms. Chapter IX is a reply to critics of attempts to ground the legitimacy of suprastate institutions in constitutionalism. Chapter X examines Joseph Raz’s perfectionist liberalism. Chapter XI attempts to bring some order to debates about the legitimacy of international courts.

scholarly journals Hyaluronan and the Fascial Frontier

2021 ◽  
Vol 22 (13) ◽  
pp. 6845
Author(s):  
Rebecca L. Pratt
Keyword(s):  
Nerve Fibers ◽  
The Body ◽  
Water Volume ◽  
Cell Behavior ◽  
Connective Tissues ◽  
Wide Range ◽  
The World ◽  
Extracellular Microenvironment ◽  
The Impact ◽  
The Relationship

The buzz about hyaluronan (HA) is real. Whether found in face cream to increase water volume loss and viscoelasticity or injected into the knee to restore the properties of synovial fluid, the impact of HA can be recognized in many disciplines from dermatology to orthopedics. HA is the most abundant polysaccharide of the extracellular matrix of connective tissues. HA can impact cell behavior in specific ways by binding cellular HA receptors, which can influence signals that facilitate cell survival, proliferation, adhesion, as well as migration. Characteristics of HA, such as its abundance in a variety of tissues and its responsiveness to chemical, mechanical and hormonal modifications, has made HA an attractive molecule for a wide range of applications. Despite being discovered over 80 years ago, its properties within the world of fascia have only recently received attention. Our fascial system penetrates and envelopes all organs, muscles, bones and nerve fibers, providing the body with a functional structure and an environment that enables all bodily systems to operate in an integrated manner. Recognized interactions between cells and their HA-rich extracellular microenvironment support the importance of studying the relationship between HA and the body’s fascial system. From fasciacytes to chronic pain, this review aims to highlight the connections between HA and fascial health.

Part II Predominant Security Challenges and International Law, National and Transnational Security, Ch.8 Corruption and Global Security

2021 ◽  
Author(s):  
Rose Cecily
Keyword(s):  
International Law ◽  
Legal Framework ◽  
Social Scientists ◽  
Global Security ◽  
Legal Definition ◽  
Post Conflict ◽  
Security Challenges ◽  
State Actors ◽  
The Impact ◽  
The Relationship

This chapter studies the relationship between corruption and global security. It begins by discussing the term ‘corruption’, which lacks a legal definition and can mean different things to lawyers and to social scientists. The chapter describes the various ways in which corruption and insecurity can relate to each other. Corruption is both a cause of global insecurity and a consequence of it. In other words, corruption may lead to insecurity, and conversely, insecurity, as in post-conflict societies, may lead to corruption and to greater tolerance of it. In addition, corruption can also be a cause of security or stability, rather than insecurity. Finally, anti-corruption measures and campaigns may themselves inadvertently cause insecurity. The chapter then details the international legal framework concerning corruption. It explores the extent to which anti-corruption treaty laws can serve as tools or guides for States and also non-State actors seeking to combat corruption and promote global security. The chapter also considers one of the challenges facing researchers who study the causes and consequences of corruption, namely the difficulties involved in measuring corruption and the impact of anti-corruption laws.

scholarly journals International Courts and Tribunals – the New Environmental Sentinels in International Law

2020 ◽  
Vol 50 (1-2) ◽  
pp. 17-33
Author(s):  
Bharat H. Desai ◽  
Balraj K. Sidhu
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Law ◽  
Law Of The Sea ◽  
Human Rights Law ◽  
International Courts ◽  
Peaceful Settlement ◽  
The Common ◽  
Common Future

This study examines the role of international courts and tribunals (ICTs) as important agents for the peaceful settlement of international disputes through the instrumentality of law. The rapid upswing in the number of specialised international courts and tribunals (in areas such as trade, human rights, law of the sea, criminal justice and environment) can be perceived as an attempt by sovereign States to maintain the viability of ICTs in light of perplexity in international relations, growing recognition of peaceful co-existence, quest for institutionalised cooperation and emergence of some of the “common concerns of humankind”, as well as the “duty to cooperate”. The article has sought to make sense of the emergence of ICTs as the “New Environmental Sentinels” and what it portends for our common future. Do we need a specialised international environmental court?

Reappraising the Impact of Offending on Victimization: A Propensity Score Matching Approach

2017 ◽  
Vol 62 (8) ◽  
pp. 2374-2390
Author(s):  
Chad Posick
Keyword(s):  
Propensity Score ◽  
Propensity Score Matching ◽  
Property Crime ◽  
Experimental Methods ◽  
Wide Range ◽  
Sample Data ◽  
Quasi Experimental ◽  
The Life Course ◽  
The Impact ◽  
The Relationship

Existing evidence clearly supports an empirical connection between offending and victimization. Often called the “victim–offender overlap,” this relationship holds for both sexes, across the life course, and across a wide range of countries and cultural environments. In addition, the relationship is sustained regardless of the study sample and statistical methods applied in the analyses of the sample data. However, there has yet to be a study that examines this relationship for violent and property crime using quasi-experimental methods accounting for a wide range of potential confounders including individual differences and cultural contexts. This study subjects the victim–offender relationship to testing through propensity score matching for both violent and property crimes using an international dataset. The results show that previous violent and theft offending increases the odds of victimization when matching on individual and contextual factors. This finding supports previous literature and suggests that delinquent behavior may act as a “switch” that exposes one to subsequent violent and theft victimization.

scholarly journals The Netherlands: The 2018 Agreement between The Ocean Cleanup and the Netherlands

2019 ◽  
Vol 34 (2) ◽  
pp. 351-371
Author(s):  
Rozemarijn Roland Holst
Keyword(s):  
The Netherlands ◽  
International Law ◽  
Law Of The Sea ◽  
Dutch Government ◽  
Non Profit ◽  
International Regulations ◽  
Unique Nature ◽  
Relationship Of ◽  
The Relationship ◽  
High Seas

Abstract The Ocean Cleanup is a Dutch non-profit organisation on a mission to develop and deploy pioneering technology to rid the oceans of plastic. Considering the unique nature of the activity and the technology involved, it is not immediately self-evident which international regulations are directly applicable to this novel use of the high seas. The Dutch government, however, pledged to support the endeavour, and entered into a tailor-made Agreement with The Ocean Cleanup in order to ensure that its activities are conducted in accordance with general international law on maritime safety, the protection of the marine environment, and other legitimate uses of the high seas. This article reflects critically on the parties’ choice to base the Agreement ‘by analogy’ on the Law of the Sea Convention’s provisions on marine scientific research, and analyses the relationship of its core provisions with applicable international law, as well as identifying potential gaps.

scholarly journals What drives the evolution of hunter–gatherer subsistence technology? A reanalysis of the risk hypothesis with data from the Pacific Northwest

2011 ◽  
Vol 366 (1567) ◽  
pp. 1129-1138 ◽  
Author(s):  
Mark Collard ◽  
Briggs Buchanan ◽  
Jesse Morin ◽  
Andre Costopoulos
Keyword(s):  
Pacific Northwest ◽  
Northwest Coast ◽  
Contact Period ◽  
Hunter Gatherers ◽  
The Pacific ◽  
Wide Range ◽  
Relevant Variables ◽  
The Impact ◽  
The Relationship

Recent studies have suggested that the decisions that hunter–gatherers make about the diversity and complexity of their subsistence toolkits are strongly affected by risk of resource failure. However, the risk proxies and samples employed in these studies are potentially problematic. With this in mind, we retested the risk hypothesis with data from hunter–gatherer populations who lived in the northwest coast and plateau regions of the Pacific Northwest during the early contact period. We focused on these populations partly because the northwest coast and plateau differ in ways that can be expected to lead to differences in risk, and partly because of the availability of data for a wide range of risk-relevant variables. Our analyses suggest that the plateau was a more risky environment than the northwest coast. However, the predicted differences in the number and complexity of the populations' subsistence tools were not observed. The discrepancy between our results and those of previous tests of the risk hypothesis is not due to methodological differences. Rather, it seems to reflect an important but hitherto unappreciated feature of the relationship between risk and toolkit structure, namely that the impact of risk is dependent on the scale of the risk differences among populations.

Cooperation of International Judicial Bodies Considering Maritime Disputes

2020 ◽  
Vol 1 (12) ◽  
pp. 145-148
Author(s):  
E. S. Orlova
Keyword(s):  
Law Of The Sea ◽  
Legal Regime ◽  
Maritime Disputes ◽  
The Subject ◽  
The Law ◽  
The Relationship

The paper is devoted to the cooperation of international judicial bodies operating based on the 1982 UN Convention on the Law of the Sea This cooperation is determined by the Convention, which sets out four procedures for the resolution of international maritime disputes. The relevance of the paper is determined by the important role of international judicial bodies in resolving international maritime disputes by amicable means. The subject of the study is the relationship between international judicial authorities on the interpretation and application of the 1982 UN Convention on the Law of the Sea. The purpose of the paper is to determine the rules of law on cooperation of international judicial bodies considering international maritime disputes based on the Convention on the Law of the Sea. The hypothesis of the study is that the cooperation of international judicial bodies operating within the framework of a single legal regime causes competition among the jurisdictions of international judicial bodies and is productive.

Jurisdictional Issues for Navies Involved in Enforcing Multilateral Regimes Beyond National Jurisdiction

1999 ◽  
Vol 14 (3) ◽  
pp. 321-332
Author(s):  
Robin Warner
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Criminal Activity ◽  
Maritime Security ◽  
Law Of The Sea ◽  
Security Forces ◽  
Wide Range ◽  
National Jurisdiction ◽  
Multilateral Regimes ◽  
High Seas

AbstractThe traditional freedoms of the high seas, set out in Article 87 of the 1982 United Nations Law of the Sea Convention, are now overlaid with a network of conventional international law provisions which seek to regulate a wide range of criminal activity, the taking of resources and environmental despoliation occurring on the high seas. Many of these regimes impose enforcement obligations on states parties but contain scant detail as to the practical mechanisms for enforcement. The high seas as an arena for maritime law enforcement presents new challenges for navies charged with implementing co-operative regimes. The development of uniform enforcement procedures and an equitable division of enforcement responsibility among regional navies or regional maritime security forces is essential if high seas regimes are to be implemented effectively. This article identifies some of the jurisdictional issues which can arise for navies or maritime security forces tasked with enforcing multilateral regimes beyond national jurisdiction.

scholarly journals Flexible Causal Inference for Political Science

2018 ◽  
Vol 26 (1) ◽  
pp. 54-71 ◽  
Author(s):  
Bear F. Braumoeller ◽  
Giampiero Marra ◽  
Rosalba Radice ◽  
Aisha E. Bradshaw
Keyword(s):  
Causal Inference ◽  
Political Science ◽  
Functional Form ◽  
State Of The Art ◽  
State Behavior ◽  
Competing Models ◽  
Causal Impact ◽  
Substantial Bias ◽  
The Impact ◽  
The Relationship

Measuring the causal impact of state behavior on outcomes is one of the biggest methodological challenges in the field of political science, for two reasons: behavior is generally endogenous, and the threat of unobserved variables that confound the relationship between behavior and outcomes is pervasive. Matching methods, widely considered to be the state of the art in causal inference in political science, are generally ill-suited to inference in the presence of unobserved confounders. Heckman-style multiple-equation models offer a solution to this problem; however, they rely on functional-form assumptions that can produce substantial bias in estimates of average treatment effects. We describe a category of models, flexible joint likelihood models, that account for both features of the data while avoiding reliance on rigid functional-form assumptions. We then assess these models’ performance in a series of neutral simulations, in which they produce substantial (55% to ${>}$90%) reduction in bias relative to competing models. Finally, we demonstrate their utility in a reanalysis of Simmons’ (2000) classic study of the impact of Article VIII commitment on compliance with the IMF’s currency-restriction regime.

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