Introduction

2021 ◽  
pp. 3-18
Author(s):  
Caroline E. Foster
Keyword(s):  
Decision Making ◽  
International Law ◽  
Regulatory Standards ◽  
Wide Range ◽  
International Authority ◽  
Challenges And Opportunities ◽  
The Status ◽  
Private Actors ◽  
Fragmentation Of International Law ◽  
The Relationship

The reasoning of international adjudicatory bodies in regulatory disputes is gradually producing a set of ‘global regulatory standards’ conditioning the exercise of States’ regulatory freedom and obligations. Global regulatory standards sit at the meeting point between domestic and international authority in a wide range of regulatory fields. Their emergence is the result of the increasing interdependence among States reflected in international law at the present time in history. This book enquires into the legitimacy of this new ‘standards-enriched’ international law, examining the part played by international courts and tribunals in its articulation, the interpretive techniques employed and the influence of the pleadings. These analyses point to the need for political attention to the emerging global regulatory standards, particularly if the relationship between international and domestic authority is to be governed through requirements for proportionality in domestic decision-making. The book goes on to examine a range of further challenges and opportunities arising in connection with the emergence of global regulatory standards. These include the accompanying reconception of sovereignty as conferred power, the need to address the fragmentation of international law, and the potential for developments in the status of private actors within international law.

Global Regulatory Standards in Environmental and Health Disputes

2021 ◽  
Author(s):  
Caroline E. Foster
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
International Court Of Justice ◽  
Regulatory Standards ◽  
International Court ◽  
Challenges And Opportunities ◽  
The Status ◽  
Private Actors ◽  
Fragmentation Of International Law ◽  
The Relationship

Potentially global regulatory standards are emerging from the environmental and health jurisprudence of the International Court of Justice, the World Trade Organization, under the United Nations Convention on the Law of the Sea, and investor-state dispute settlement. Most prominent are the three standards of regulatory coherence, due regard for the rights of others, and due diligence in the prevention of harm. These global regulatory standards are a phenomenon of our times, representing a new contribution to the ordering of the relationship between domestic and international law, and inferring a revised conception of sovereignty in an increasingly pluralistic global legal era. However, considered with regard to jurisprudential theory on relative authority, the legitimacy of the resulting ‘standards-enriched’ international law remains open to question. Procedurally, although they are well-placed to provide valuable input, international courts and tribunals should not be the only fora in which these standards are elaborated. Substantively, challenges and opportunities lie ahead in the ongoing development of global regulatory standards. Debate over whether regulatory coherence should go beyond reasonableness and rationality requirements and require proportionality in the relationship between regulatory measures and their objectives is central. Due regard, the most novel of the emerging standards, may help protect international law’s legitimacy claims in the interim. Meanwhile, all actors should attend to the integration rather than the fragmentation of international law, and to changes in the status of private actors.

International Law in Chinese Courts

2019 ◽  
pp. 547-564
Author(s):  
Congyan Cai
Keyword(s):  
International Law ◽  
Foreign Relations ◽  
Professional Competence ◽  
National Courts ◽  
Major Development ◽  
Chinese Perspective ◽  
The Status ◽  
Major Factors ◽  
Private Actors ◽  
The Comparative Study

This chapter adds a Chinese perspective to the comparative study of how national courts treat international law. The chapter finds that the application of international law in Chinese courts is influenced by several major factors, including China’s ambivalence toward international law, the role that the judiciary plays in China’s national governance, and the professional competence of Chinese judges. In particular, the failure of China’s Constitution to specify the status of international law makes secondary laws less likely to embrace international law: many secondary laws do not mention international law at all; only a modest number of secondary laws automatically incorporate international law. This also means that Chinese judges are discouraged from invoking international law in adjudicating disputes. However, in line with and in support of China’s economic opening policy since the late 1970s, Chinese judges regularly apply those treaties that deal with commercial relations between private actors. A major development is that, as China rises as a great power, Chinese courts have begun to prudently become more involved in foreign relations by applying international law.

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.

scholarly journals Hearing loss and cognition: a discussion for audiologists and hearing healthcare professionals

2020 ◽  
Vol 12 (3) ◽  
pp. 72-78
Author(s):  
Douglas L Beck ◽  
Sarah Bant ◽  
Nathan A Clarke
Keyword(s):  
Hearing Loss ◽  
Cognitive Decline ◽  
Hearing Aids ◽  
British Society ◽  
Future Research ◽  
People With Dementia ◽  
Challenges And Opportunities ◽  
The Status ◽  
Impact Patient Care ◽  
The Relationship

Among researchers, clinicians and patients, there is widespread and growing interest in the relationship between hearing and cognition. The Cognition in Hearing Special Interest Group (SIG) is part of the British Society of Audiology (BSA) and is uniquely positioned to explore the relationship between hearing loss, amplification and cognitive ability and cognitive decline. The multiplicity of emerging reports concerning hearing loss and cognition is increasing rapidly. In light of this vast growth, there is a risk that clinicians may be left uncertain regarding the nature and extent of the emerging evidence linking hearing and cognition. The trickle-down corollary of such uncertainty can negatively impact patient care. Answering challenging questions and disseminating complex information about the latest evidence-based hearing science are a daily part of any clinician’s role and those in audiology services may be asked “How does my hearing loss affect my chance of getting dementia?” or “can hearing aids help people with dementia?” This discussion is therefore, based on articles and information our committee members selected to represent the status quo. The Cognition in Hearing SIG aims, through this discussion article, to provide clinicians a contemporary understanding of research on this topic. We will discuss evidence concerning hearing loss and cognition and how it relates to people living with hearing loss and cognitive decline or dementia, and we shall pose some challenges and opportunities for future research and clinical practice evidence. Therefore, to address these aims in an accessible manner for clinicians, the Cognition in Hearing SIG shall address the following broad questions: What is the relationship between hearing loss and cognition? What do we know about hearing loss and cognitive performance? Is there a link between hearing loss, cognitive decline, and dementia? Can we intervene on the relationship between hearing loss and cognition?

Governing International Cooperation in Criminal Matters: The Role of the aut dedere aut judicare Principle

2018 ◽  
Vol 18 (2) ◽  
pp. 244-274 ◽  
Author(s):  
Andrea Caligiuri
Keyword(s):  
International Law ◽  
International Cooperation ◽  
Legal Nature ◽  
The Status ◽  
Criminal Matters ◽  
The Relationship ◽  
Over Time

The aim of the study is to ascertain how the original Grotian formula ‘aut dedere aut punire’ has been implemented and evolved in international law. The first step is to classify the multilateral conventions that have accepted an aut dedere aut judicare clause. The goal is to bring out peculiarities of the different treaty texts, describing the relationship between the two options dedere and judicare, and the different obligations that arise for the contracting states. We will then examine the content of the two options, to define the legal boundaries within which the contracting states shall or may operate. At this point, we will focus on the legal nature of the aut dedere aut judicare principle that over time may have risen to the status of customary rule. The study will conclude with analysis of reactions to the breach of the aut dedere aut judicare clause by non-complying countries.

Systemic Challenges and Opportunities

2021 ◽  
pp. 305-346
Author(s):  
Caroline E. Foster
Keyword(s):  
Legal Status ◽  
The Public ◽  
Legal Provisions ◽  
Regulatory Standards ◽  
International Court ◽  
Challenges And Opportunities ◽  
Rules And Principles ◽  
International Legal System ◽  
International Adjudication ◽  
Private Actors

Chapter Ten continues Chapter Nine’s analysis of the systemic questions raised by the emergence of global regulatory standards. Regulatory standards reflect and feed into the contemporary metamorphosis of sovereignty. Their design and employment will require consistent efforts to ensure that international law remains an integrated rather than a fragmented body of law, where economic, social and environmental rules and principles are all applied together. The legal status of private actors within the public international legal system is heavily implicated in the development of regulatory standards and caution is needed in the elaboration of global regulatory standards in order to avoid unwitting concessions. International adjudication is not ‘judicial review’ and global regulatory standards do not constitute ‘standards of review’ separate and distinct from the legal provisions being applied by an international court or tribunal. Care is needed, particularly when contemplating proportionality tests: reliance on the due regard standard is preferable for the present.

Islam and international law

2005 ◽  
Vol 87 (858) ◽  
pp. 269-283 ◽  
Author(s):  
Sheikh Wahbeh al-Zuhili
Keyword(s):  
International Relations ◽  
International Law ◽  
Legal Rules ◽  
The World ◽  
The Status ◽  
Rules And Principles ◽  
Internal Affairs ◽  
The Relationship

AbstractThis article by an Islamic scholar describes the principles governing international law and international relations from an Islamic viewpoint. After presenting the rules and principles governing international relations in the Islamic system, the author emphasizes the principles of sovereignty and non-interference in the internal affairs of other States and the aspiration of Islam to peace and harmony. He goes on to explain the relationship between Muslims and others in peacetime or in the event of war and the classical jurisprudential division of the world into the abode of Islam (dar al-islam) and that of war (dar al-harb). Lastly he outlines the restrictions imposed upon warfare by Islamic Shari'a law which have attained the status of legal rules.

scholarly journals “Teaching the poor of the Irish nation”: The Endeavours of the Protestant “Sons of Erin” to Educate Their Catholic “Brethren” in the Age of Catholic Agitation, 1800–1850

2021 ◽  
Vol 2 (2) ◽  
Author(s):  
Karina Bénazech Wendling
Keyword(s):  
Irish Nationalism ◽  
Native Languages ◽  
Early 19Th Century ◽  
Nationalist Movement ◽  
The Bible ◽  
Wide Range ◽  
The Status ◽  
Reciprocal Influences ◽  
British State ◽  
The Relationship

In Ireland, the Protestant missionary impetus of the early 19th century, known as the 'Second Reformation', coincided with Daniel O’Connell’s movement for the emancipation of Catholics and the Repeal of the Union which concurrently met with resounding success. As the Irish nationalist movement was becoming more and more catholicised, The Irish Society for Promoting the Education of the Native Irish through the Medium of Their Own Language promoted access to the Bible in “the pure Gaelic language and the Irish character” for both the spiritual salvation of “the [poorer] sons of Erin” and “the political repose and moral amelioration of Ireland.” Even if the Second Reformation has often been considered as an attempt at anglicising the Irish through conversion, a reassessment of the reciprocal influences of Protestant missions and Irish nationalism is timely. Therefore, this paper, relying on a wide range of archival material, intends to examine how the discourse of this Protestant society disrupted the status quo of Irish and British identities.  Was the Society’s redefinition of Irish identity, which combined a shared Irish culture with loyalty to the British state, perceived by O’Connell’s nationalist movement as a threat or an opportunity? This exploration of the relationship between Christianity and nationalism highlights the complex ties that can be found between several layered identities and disrupts the binaries of the vernacular being promoted by the champions of independence and of native languages being erased by the advocates of imperial rule.

scholarly journals Ontology-Driven Knowledge-Based Health-Care System, An Emerging Area – Challenges And Opportunities – Indian Scenario

2014 ◽  
Vol XL-8 ◽  
pp. 239-246 ◽  
Author(s):  
A. Sunitha ◽  
G. Suresh Babu
Keyword(s):  
Decision Making ◽  
Semantic Knowledge ◽  
Public Healthcare ◽  
Policy Makers ◽  
Knowledge Based ◽  
Healthcare Decision Making ◽  
Wide Range ◽  
Challenges And Opportunities ◽  
Decision Making System ◽  
Semantic Knowledge Base

Recent studies in the decision making efforts in the area of public healthcare systems have been tremendously inspired and influenced by the entry of ontology. Ontology driven systems results in the effective implementation of healthcare strategies for the policy makers. The central source of knowledge is the ontology containing all the relevant domain concepts such as locations, diseases, environments and their domain sensitive inter-relationships which is the prime objective, concern and the motivation behind this paper. The paper further focuses on the development of a semantic knowledge-base for public healthcare system. This paper describes the approach and methodologies in bringing out a novel conceptual theme in establishing a firm linkage between three different ontologies related to diseases, places and environments in one integrated platform. This platform correlates the real-time mechanisms prevailing within the semantic knowledgebase and establishing their inter-relationships for the first time in India. This is hoped to formulate a strong foundation for establishing a much awaited basic need for a meaningful healthcare decision making system in the country. Introduction through a wide range of best practices facilitate the adoption of this approach for better appreciation, understanding and long term outcomes in the area. The methods and approach illustrated in the paper relate to health mapping methods, reusability of health applications, and interoperability issues based on mapping of the data attributes with ontology concepts in generating semantic integrated data driving an inference engine for user-interfaced semantic queries.

scholarly journals The duty to take appropriate measures to prevent significant transboundary harm and private companies: insights from transboundary hydropower projects

2020 ◽  
Vol 20 (4) ◽  
pp. 667-682
Author(s):  
Alistair Rieu-Clarke
Keyword(s):  
Sustainable Development ◽  
International Law ◽  
Fossil Fuels ◽  
Ecological Impacts ◽  
Transboundary Rivers ◽  
Private Companies ◽  
Wide Range ◽  
The World ◽  
The Law ◽  
Private Actors

Abstract Recognition that hydropower plays a role in fostering sustainable development and helping countries move away from fossil fuels has led to a resurgence of planned projects on transboundary rivers around the world. Whilst these projects offer clear benefits, they are not without their socio-ecological impacts. An added feature of hydropower projects is that they tend to involve a wide range of actors that are responsible for their financing, planning, construction and operation (international and domestic; private and State). This begs the question, if it is ultimately the responsibility of States to ensure that these projects are in accordance with international law obligations, what does that responsibility entail when much of the activity is conducted by private companies? International law has a long tradition of placing States under an obligation to regulate the conduct of non-State activities so as to prevent transboundary harm. However, a closer review of the law relating to transboundary hydropower projects reveals that more could be done to guide States as to the appropriate measures that they might put in place to ensure that any hydropower projects involving private actors are implemented in an equitable and sustainable manner.

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