scholarly journals Coordination vs. voluntarism and enforcement in sustaining international environmental cooperation

2016 ◽  
Vol 113 (51) ◽  
pp. 14515-14522 ◽  
Author(s):  
Scott Barrett

The fates of “transboundary” environmental systems depend on how nation states interact with one another. In the absence of a hegemon willing and able to coerce other states into avoiding a “tragedy of the commons,” shared environments will be safeguarded if international cooperation succeeds and degraded or even destroyed if it fails. Treaties and related institutions of international law give form to these efforts to cooperate. Often, they implore states to act in their collective (as opposed to their national) interests. Sometimes, they impel cooperating states to punish free riders. A few agreements coordinate states’ behavior. Here, I present simple game-theoretic models showing whether and how treaties and related institutions can change incentives, aligning states’ self-interests with their collective interests. I show that, as a general matter, states struggle to cooperate voluntarily and enforce agreements to cooperate but that they find it relatively easy to coordinate actions. In some cases, the need for coordination is manifest. In other cases, it requires strategic thinking. Coordination may fall short of supporting an ideal outcome, but it nearly always works better than the alternatives.

Author(s):  
Michael Suk-Young Chwe

This chapter explains game theory from the ground up. It first considers the concepts of choice and preferences before discussing strategic thinking as a combination of several skills. Game theory is built upon rational choice theory, and the chapter uses an example from Jane Austen's Mansfield Park to illustrate first rational choice theory and then game theory. To demonstrate the usefulness of game theory, it uses a simple game-theoretic model to show how Beatrice and Benedick in William Shakespeare's Much Ado About Nothing, Richard and Harrison in Richard Wright's Black Boy, and people revolting against an oppressive regime all face the same situation. Finally, it reviews previous work trying to bring game theory, as well as related concepts such as “theory of mind,” together with the study of literature.


2019 ◽  
Vol 1 (1) ◽  
pp. 60-71
Author(s):  
Devi Yusvitasari

A country needs to make contact with each other based on the national interests of each country related to each other, including among others economic, social, cultural, legal, political, and so on. With constant and continuous association between the nations of the world, it is one of the conditions for the existence of the international community. One form of cooperation between countries in the world is in the form of international relations by placing diplomatic representation in various countries. These representatives have diplomatic immunity and diplomatic immunity privileges that are in accordance with the jurisdiction of the recipient country and civil and criminal immunity for witnesses. The writing of the article entitled "The Application of the Principle of Non-Grata Persona to the Ambassador Judging from the Perspective of International Law" describes how the law on the abuse of diplomatic immunity, how a country's actions against abuse of diplomatic immunity and how to analyze a case of abuse of diplomatic immunity. To answer the problem used normative juridical methods through the use of secondary data, such as books, laws, and research results related to this research topic. Based on the results of the study explained that cases of violations of diplomatic relations related to the personal immunity of diplomatic officials such as cases such as cases of persecution by the Ambassador of Saudi Arabia to Indonesian Workers in Germany are of serious concern. The existence of diplomatic immunity is considered as protection so that perpetrators are not punished. Actions against the abuse of recipient countries of diplomatic immunity may expel or non-grata persona to diplomatic officials, which is stipulated in the Vienna Convention in 1961, because of the right of immunity attached to each diplomatic representative.


Author(s):  
Yishai Beer

This chapter deals with the lack of coherency between strategic reality—which uses deterrence as an essential strategic tool—and the prevailing law. Deterrence is a tool for enforcing compliance with the law; it promotes the containment of potential conflicts. It is pivotal in strategic thinking and, in many cases, an essential component of the national-defense strategy of law-abiding states. But although deterrence is central to the management of global security, in current international law deterrence considerations are perceived with suspicion and mistrust. It is perceived as an unlawful punitive measure. The lack of consensus on lawful deterrence, however, might create a vacuum that invites aggressors and transgressors. This chapter offers normative suggestions for introducing defensive deterrence and overcoming the practical problem of putting it into practice within the current contours of the law, by using the military professionalism criterion.


Author(s):  
Hermann Heller

This 1927 work addresses the paradox of sovereignty, that is, how the sovereign can be both the highest authority and subject to law. Unlike Kelsen and Schmitt who seek to dissolve the paradox, this text sees the tensions that the paradox highlights as an essential part of a society ruled by law. Sovereignty, in the sense of national sovereignty, is often perceived in liberal democracies today as being under threat, or at least “in transition,” as power devolves from nation states to international bodies. This threat to national sovereignty is at the same time considered a threat to a different idea of sovereignty, popular sovereignty—the sovereignty of “the people”—as important decisions seem increasingly to be made by institutions outside of a country’s political system or by elite-dominated institutions within. This text was written in 1927 amidst the very similar tensions of the Weimar Republic. In an exploration of history, constitutional and political theory, and international law, it shows that democrats must defend a legal idea of sovereignty suitable for a pluralistic world.


1997 ◽  
Vol 77 (1) ◽  
pp. 205-213 ◽  
Author(s):  
Sungwhee Shin ◽  
Sang-Chul Suh
Keyword(s):  

2021 ◽  
Vol 23 (2) ◽  
pp. 254-264
Author(s):  
Ekaterina A. Mikhalevich

The transformation of cyber sovereignty into an independent concept is a recent phenomenon, and thus its development and distribution is currently underway, which indicates the relevance of studying this topic. Being one of the most influential actors of contemporary international politics, China uses the concept of cyber sovereignty to promote its national interests and is able to shape the rules in the highly volatile field of international cyberspace. The study is based on quantitative and qualitative content analysis of legal acts and concept of Chinas cyber sovereignty. The author defines a concept of cyber sovereignty and identifies its place in the system of international law and in the architecture of international information security. Chinas concept of cyber sovereignty does not imply the division of a common cyberspace into separate segments but contributes to the creation of a cyber community of a common destiny, in which states can exercise their rights to govern the Internet on the principles of equality, justice, cooperation, peace and rule of law. It is concluded that this concept can be used as the basis for the formation of an international legal framework that regulates relations between states in the field of cyberspace.


2021 ◽  
Vol 30 (1) ◽  
pp. 283-294
Author(s):  
Marina Mancini

In 2020 Greece and Italy concluded a maritime delimitation agreement, extending the already-established boundary line between their respective continental shelf areas to the other maritime areas to which they are entitled under international law. The Greek authorities hailed the agreement as a great success, stressing that it fully reflects their position vis-à-vis maritime delimitation in the Mediterranean and it meets their national interests in the Ionian Sea. This article critically analyzes the agreement, in the light of various recent events, and it finds that it serves Italian interests too. In particular, the 2020 Italo-Greek agreement furthers Italy’s growing interest in delimiting the maritime zones to which it is entitled under international law, so as to prevent its rights and jurisdiction over them being impaired by the proclamation of overlapping zones by its neighbours. It also sets the stage for future proclamation by Italy of an EEZ covering the waters adjacent to its territorial sea in the Ionian Sea.


2018 ◽  
Vol 50 (4) ◽  
pp. 627-648 ◽  
Author(s):  
Katayoun Shafiee

AbstractThe Iranian government's decision to nationalize its British-controlled oil industry in 1951 was a landmark case in international law. The Anglo-Iranian Oil Company and the Iranian government clashed over whether international authorities had the right to arbitrate for them in disputes over the terms of the oil concession. Scholarship in Middle East studies has overlooked the role of concession terms in shaping political disputes in the 20th century. Rather than seeing legal studies of the oil industry on one side and power struggles and resources on the other, this article examines international court proceedings at The Hague to argue that Anglo-Iranian oil transformed international law. Novel mechanisms of economic and legal governance, set up to deal with an expanded community of nation-states, worked as techniques of political power that equipped the oil corporation with the power to associate Iran's oil with foreign control while generating new forms of law and contract that undermined resource nationalism.


2021 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Torbjörn Tännsjö

The COVID-19 pandemic has engendered unprecedented drastic and costly measures to obviate the threat. Will something similar happen in relation to global heating? No, this is not likely. Mainly this has to do with a difference in the nature of collective action. Nation states protect their respective populations against the virus. With regard to global heating, we are facing the tragedy of the commons. No global government assumes responsibility for our common future. However, there may be another and further explanation lurking behind political inaction: many people, including our politicians, think that it does not matter if humanity goes extinct. It does matter, however. Strangely enough, the view that it matters is questioned by many important philosophers in the past and in the present, and it is hence controversial. Yet, it should be our common-sense stance to the problem. It is of the utmost importance that there will be sentient happy life on the globe for an indefinite time. Theoretically speaking, in order to recognize this, we need to accept some “total” view, implying what has been called the repugnant conclusion. Practically speaking, we should go to great length to rescue our human civilisation, even if this means that, for a while, we must endure all sorts of hardships such as a global enlightened despotism, or worse—a situation of life boat ethics.


2012 ◽  
Vol 25 (3) ◽  
pp. 647-664 ◽  
Author(s):  
STEPHEN LEGG

AbstractThis paper will address an often-neglected agenda of the much-derided League of Nations: its ‘social’ and ‘technical’ works. These targeted human security through regulating different forms of international mobility, including the fight against trafficking in women and children. The League used conventions and conferences to commit nation-states, in a legal model, to standardized anti-trafficking measures. It also, however, worked to educate and inform states, voluntary organizations, and the general public about the nature of trafficking and the ways of combating it. The latter techniques are here interpreted using Foucault's governmentality writings, which encourage us to look beyond the juridical epistemologies of international relations and international law, but not beyond the interlacing of laws and norms, here explored through interwar League governmentalities.


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