Explaining Membership Eligibility

2021 ◽  
pp. 27-46
Author(s):  
Daniel C. Thomas
Keyword(s):  
Decision Making ◽  
Regional Integration ◽  
Member States ◽  
Alternative Hypotheses

This chapter elaborates the book’s argument on the nature of regional communities, the contestation and evolution of membership norms, how these norms shape a regional community’s decision-making on which non-member states are eligible to join, and what happens when membership norms break down. It compares this argument to alternative hypotheses with observable implications derived from existing theories of regional integration.

Piercing the Corporate Veil: The Responsibility of Member states of an International Organization

2011 ◽  
Vol 8 (2) ◽  
pp. 291-347 ◽  
Author(s):  
Odette Murray
Keyword(s):  
Decision Making ◽  
Member State ◽  
International Law ◽  
International Organizations ◽  
Good Faith ◽  
International Organization ◽  
Member States ◽  
Draft Article ◽  
Legal Limit ◽  
Primary Rule

AbstractThis paper applies two manifestations of the principle of good faith – pacta sunt servanda and the doctrine of abuse of rights – to the complex relationship between member states and international organizations. The paper argues that these existing doctrines operate as a legal limit on the conduct of states when creating, controlling and functioning within international organizations. The paper begins by exploring an innovative provision in the International Law Commission's recently finalised Draft Articles on the Responsibility of International Organisations – Draft Article 61 – according to which a member state will bear international responsibility for the act of an international organization where the member state uses the organization to circumvent its own international obligations. Examining the development of Draft Article 61 and the jurisprudence upon which it is based, this paper argues that the principle which the Commission in fact seeks to articulate in Draft Article 61 is that of good faith in the performance of treaties. As such, being based on a primary rule of international law, this paper queries whether Draft Article 61 belongs in a set of secondary rules. The paper then considers the role of states in the decision-making organs of international organizations and argues that the widely held presumption against member state responsibility for participation in decision-making organs can and should be displaced in certain cases, in recognition of the various voting mechanisms in international organizations and the varied power which certain states may wield. The paper argues that the doctrine of abuse of rights operates as a fundamental legal limit on the exercise of a member state's voting discretion, and thereby forms a complementary primary obligation placed on states in the context of their participation in international organizations.

scholarly journals Analisis Teori Fungsionalisme pada Integrasi Kawasan Asia Selatan (Studi Kasus Konflik India-Pakistan di wilayah Kashmir)

2020 ◽  
Vol 1 (1) ◽  
pp. 181-195
Author(s):  
Tri Shinta
Keyword(s):  
South Asia ◽  
South Asian ◽  
Regional Integration ◽  
Regional Cooperation ◽  
The South ◽  
Member States ◽  
The Real ◽  
Complex Region ◽  
Good Relation

South Asia is a complex region. It is marked with the emergence and continuity of the conflict. India-Pakistan conflict is one of them. This conflict begun on 1947 and the biggest of conflict divided into three conflicts. Functionalism according to David Mitrany in “A Working Peace System” believes that Region Integration is trusted to make the conflict lower and good relation among state. This perception applied on 1985 in South Asia, which known with SAARC (The South Asian Association for Regional Cooperation). The fact, this conflict still continues till today. However, this paper seeks for the analysis of how’s functionalism theory explain the conflict of India-Pakistan on the regional integration: is that the conflict form an ideal integration of Sout Asia and decline the conflict, or conversely. Furthermore, the result of this research describes that Functionalism is not success on explaining South Asia integration, which means the India-Pakistan conflict still exist and the real integration among member states still not exist yet.

scholarly journals Evaluating COVID-19 Vaccination Website using DISCERN and QUality Evaluation Scoring (QUEST) Tools

2021 ◽  
Author(s):  
Akash Gajanan Prabhune ◽  
Aishwarya Mallavaram ◽  
Sachin Bhat ◽  
Samridhi Pandey ◽  
Ayesha Mehar Shagufta ◽  
...  
Keyword(s):  
Decision Making ◽  
United Arab Emirates ◽  
Ease Of Use ◽  
Average Score ◽  
Quality Of Information ◽  
Member States ◽  
Critical Information ◽  
Minor Elements ◽  
Selection Of

Abstract Background: The objective of this paper was to evaluate the COVID-19 vaccine registration website across UN-recognized member states for their portal quality, reliability, Ease Use and help to the general population in informed decision making.Methods: 12 UN member states (Countries) were selected based on the inclusion and exclusion criteria mentioned in the methodology section of this paper. PPS technique was used for sampling and selection of 12 countries from 193 UN member states. Post selection of UN member states the study used 2 step evaluation techniques, Step 1 The DISCERN checklist consists of 16 questions in three sections and is aimed to assess the reliability of information and quality of information; Step 2 The QUEST tool consists of 6 items with a subitem, Authorship, Attribution, Conflict of Interest, Complementarity, Currency, Tone. The authors developed a standard set of instructions for evaluating Vaccination Portals to bring uniformity in understanding and context setting.Results: DISCERN tool overall reliability score on the Likert scale of 0 to 5 was 4 (SD ± 1.28). On Quality of information regarding treatment choices, the average score was 3.4 (SD ± 1.67). The QUEST tool on ease of use, concision, and comprehensiveness demonstrated an average score of 18.1 (SD ± 8.3) out of 28.The vaccine registration portal of the Czech Republic was found to be most informative and was able to provide a piece of scientifically valid information on safety, efficacy, long-term short effects, choice of vaccine with attributable authors details. India, Bangladesh, Nigeria, South Africa scored relatively low to missing critical information on the website. The United Arab Emirates, Republic of South Korea, Indonesia, Australia, and Argentina had minor elements missing.Conclusions: COVID-19 vaccination portals vary in the quality of information and many were found unable to provide critical information for decision making on getting vaccinated

The Governance System of the European Energy Union and Climate Action

2019 ◽  
Vol 16 (4) ◽  
pp. 323-339 ◽  
Author(s):  
Sabine Schlacke ◽  
Michèle Knodt
Keyword(s):  
Decision Making ◽  
National Level ◽  
Regulatory Regime ◽  
The European Union ◽  
Governance System ◽  
Member States ◽  
Energy Union ◽  
Climate Action ◽  
Protection Goals

On 24 December 2018, the Regulation (EU) 2018/1999 on the governance system of the Energy Union and Climate Action entered into force. The Governance Regulation provides the European Union with a new regulatory regime for renewable energies and energy efficiency. It has the function of an ‘Umbrella Regulation’ which aims at the overarching control of energy and climate policies for the period 2021 to 2030. Its target is to implement the climate protection goals of the Paris Agreement. At the same time, it represents a compromise and compensation for the European Union’s lack of competences in the area of energy supply, especially concerning the determination of the energy mix of the Member States. Despite choosing a Regulation (which applies automatically) as the legislative tool, its steering and sanctioning mechanisms are in this respect rather ‘soft’: The Regulation gives the Member States a wide scope of decision-making. Which goals and instruments are established by the Governance Regulation, which scope of decision making remains at the national level, how Germany exercises its decision making powers and how it should be exercised are key questions addressed in this article.

The Resistible Rise of International Authority

2019 ◽  
pp. 84-103
Author(s):  
Liesbet Hooghe ◽  
Tobias Lenz ◽  
Gary Marks
Keyword(s):  
Decision Making ◽  
Agenda Setting ◽  
Stage Model ◽  
Two Stage ◽  
Member States ◽  
International Authority ◽  
Self Rule

Chapter 6 explains change in pooling and delegating authority to an IO. An IO’s authority is responsive to two pressures, one functional and one social. Functional pressures stem from the need to make decision making tractable under an expanding policy portfolio. This induces an IO’s member states to pool authority in majoritarian decision making and to delegate agenda setting to independent agents who can develop proposals and mediate disputes. Socio-political pressures arise from nationalist resistance to the loss of national self-rule. Politicization can constrain IO authority even in the presence of intense functional pressures. A two-stage model confirms the hypothesis that functional pressures are socially conditioned.

Membership Eligibility in a Europe of Non-Communist States, 1957–1961

2021 ◽  
pp. 119-136
Author(s):  
Daniel C. Thomas
Keyword(s):  
Decision Making ◽  
Decision Making Process ◽  
Adolf Hitler ◽  
Member States ◽  
European Economic ◽  
New Community ◽  
The Military ◽  
Of Greece

This chapter uses extensive archival evidence to demonstrate how the European Economic Community’s initial membership norm—that non-Communist states in Europe are eligible for membership—shaped its decisions regarding the quests of Greece, Spain, and Turkey for association agreements that would prepare them to join the new community. Given that the three countries’ economies were relatively under-developed and yet competed with EEC members in key agricultural sectors, the fact that Spain was still in the grip of a fascist leader formerly allied with Adolf Hitler, and the military take-over of Turkey in 1960–61, there was plenty of ground for rejecting their overtures. However, the archival evidence shows how the non-Communist norm framed the decision-making process and stopped member states from blocking the three aspirants.

scholarly journals Don’t cry for me Britannia: The resilience of the European Union to Brexit

2019 ◽  
Vol 21 (1) ◽  
pp. 152-172 ◽  
Author(s):  
Narisong Huhe ◽  
Daniel Naurin ◽  
Robert Thomson
Keyword(s):  
Decision Making ◽  
European Union ◽  
Network Analysis ◽  
Spatial Model ◽  
The Political ◽  
The European Union ◽  
Member States ◽  
Decision To Leave ◽  
Before And After ◽  
The Impact

We assess the impact of the United Kingdom’s 2016 decision to leave the European Union on the Council of the European Union, where Brexit is likely to have the clearest observable implications. Using concepts and models from the spatial model of politics and network analysis, we formulate and test expectations regarding the effects of Brexit. We examine two of the most prominent datasets on recent decision-making in the European Union, which include data on cooperation networks among member states before and after the 2016 referendum. Our findings identify some of the political challenges that Brexit will bring, but also highlight the factors that are already helping the European Union’s remaining member states to adapt to Brexit.

When Arguments Prevail Over Power: The CITES Procedure for the Listing of Endangered Species

2008 ◽  
Vol 8 (2) ◽  
pp. 123-148 ◽  
Author(s):  
Thomas Gehring ◽  
Eva Ruffing
Keyword(s):  
Decision Making ◽  
International Trade ◽  
Endangered Species ◽  
Bargaining Power ◽  
Trade Restrictions ◽  
Member States ◽  
Actual Operation

The legitimacy and effectiveness of the Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES) depends on problem-adequate listing decisions. Decisions are frequently highly controversial, because they commit the member states to imposing trade restrictions on listed species. We examine whether—and how—CITES' impressive institutional apparatus deprives the member states of their bargaining power and empowers actors who can make reasoned arguments on the merits of a listing decision. For this purpose, we demonstrate theoretically that appropriately designed decision-making procedures can diminish stake-holders' opportunities for exploiting their bargaining power and provide room for reason-based deliberation. Subsequently, we explore member states' and other stakeholders' incentives, created by the CITES listing procedure, for refraining from bargaining and accepting scientifically sound decisions. Finally, we examine three recent controversial listing decisions as examples of the actual operation of the listing procedure.

Enforcing ECOWAS Law in West African National Courts

2011 ◽  
Vol 55 (2) ◽  
pp. 181-202 ◽  
Author(s):  
ES Nwauche
Keyword(s):  
Regional Integration ◽  
West African ◽  
Legal Systems ◽  
Economic Community ◽  
The West ◽  
Member States ◽  
Community Law ◽  
National Courts ◽  
The Law

AbstractOne of the constitutional challenges of regional integration is how to manage the limitation of national judicial sovereignty of member states to ensure that community law is recognized as superior to national law and is accordingly applied and interpreted by national courts at the instance of community citizens. This challenge arises from the national ordering of legal systems and the fact that states are the primary parties to agreements in which they limit their sovereignty in favour of the success of the community. This article examines the enforceability of the law of the Economic Community of West African States in the national courts of the West African states which comprise ECOWAS, with the aim of determining how this affects the integration goals of ECOWAS.

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