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| 1 |
ID:
076921
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2007.
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| Summary/Abstract |
What can the world hope for from the Peacebuilding Commission, given the record of the United Nations in this area? And what contribution can the European Union (EU) offer, given its own record in engaging with countries emerging from violent conflict? The essential task in peacebuilding is to restore a war-torn society's capacity to manage its own conflicts. The priority for the Peacebuilding Commission should be to develop international support and legitimacy for this task, avoiding muddying it with the foreign policy objectives of donor states. The EU has much to offer and much to gain from establishing this growing area of global governance on sound principles and internationally accepted lines. The paper argues that the EU can and should play a leading part in developing the Peacebuilding Commission. It reflects on principles that could be applied and practices that should be avoided
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| 2 |
ID:
076925
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2007.
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The World Trade Organization (WTO) General Agreement on Trade in Services (GATS) and its Annex on Financial Services provide the international legal framework for the regulation of cross-border trade in financial services. This paper analyses the main provisions of the GATS that relate to regulatory transparency of trade in financial services. The GATS generally provides a flexible framework for states to negotiate liberalisation commitments while providing WTO members with autonomy to promote their regulatory objectives. The extent to which states, however, must adhere to GATS disciplines regarding transparent regulatory practices has become a source of policy debate. Although the WTO has played no role in setting financial regulatory standards, the transparency obligations of the GATS have important implications for how financial regulators can achieve their objectives. Moreover, GATS transparency obligations can potentially create disproportionate administrative costs for developing countries and thus undermine their financial sector development. The paper argues that the principles of regulatory transparency in the GATS should be interpreted in a way that favours regulatory discretion to achieve financial stability and other prudential objectives. In the post-Doha era, WTO members should attempt to clarify GATS transparency obligations in a way that promotes financial development and regulatory autonomy
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| 3 |
ID:
076926
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2007.
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| Summary/Abstract |
The General Agreement on Trade in Services (GATS) has attracted much attention in public and academic debate. The aim of this article is to analyse the application of the GATS to internet-based services, thus providing a lens through which important issues concerning the GATS can be highlighted. This article reviews the far-reaching implications of the recent US - Gambling dispute for the regulation of (internet-based) services. It argues that World Trade Organization Members need to make a greater effort to delineate the key GATS obligations (market access, national treatment, and disciplines on domestic regulation) in order to provide national law- and policy-makers and trade negotiators with more legal certainty and predictability in the application of the GATS
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| 4 |
ID:
076924
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2007.
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| Summary/Abstract |
The article examines the World Trade Organization (WTO) Appellate Body's ruling in US - Gambling that United States (US) prohibitions on the foreign supply of gambling and betting services via the internet to consumers in the US violated US market access commitments under Article XVI of the General Agreement on Trade in Services (GATS). The article reviews the main arguments criticising the decision and suggests that these views are (i) misguided because they rely excessively on a textual approach to interpreting Article XVI market access commitments, and (ii) lead to results that do not conform with the common intentions of the negotiating parties. The article argues for an approach that relies primarily on examining the facts of each case and the context in which WTO Members' commitments are negotiated. This approach also emphasises the importance of WTO Members making clear and precise market access commitments. In the author's view, the Appellate Body ruling adds more clarity to how GATS market access commitments will be interpreted in the future and, in doing so, facilitates market access negotiations and the making of additional commitments by WTO Members
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| 5 |
ID:
076927
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2007.
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| Summary/Abstract |
This article shows that in situations of multipolarity Japan has been active and adroit in dealing with the developments on the Korean peninsula, which is a microcosm of the strategic situation in Northeast Asia. It shows such a dynamic by examining two periods of multipolarity in East Asia: the era of the Russo-Japanese War and the détente era of the early 1970s. Japanese diplomacy in the 1970s was carried out under the constraints of its peace constitution and under United States protection. But, even subject to such conditions, Japan actively worked to diplomatically promote its position on the Korean question. Though mainly a historical review, this article provides evidence that supports a realist explanation for Japan's activist foreign policy. This trend also helps to explain the recent activist initiatives in Japanese diplomacy towards Korea in the post-Cold-War era.
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| 6 |
ID:
076928
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2007.
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The management of British diplomacy is being modernised in order to meet the challenges of foreign policy-making in a transformational age. Changing patterns of conflict and cooperation and the progressive erosion of hierarchies and their replacement by networking require that diplomacy as an instrument of foreign policy be better integrated with other government actors in order to sustain its relevance and effectiveness. Focusing on the changed role of planning within the United Kingdom Foreign & Commonwealth Office, this article argues that while these reforms have made some progress towards the integration of diplomats, this process has not gone far enough. It also argues that such integration should not be achieved at the expense of the traditional planning function which contributes a vital source of innovation and analysis in the policy-making process.
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| 7 |
ID:
076923
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2007.
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This article discusses the concepts of proportionality, necessity and balancing in the World Trade Organization (WTO) legal framework. These concepts are increasingly important in the context of services and establishment regulated by the General Agreement on Trade in Services. The role and meaning of proportionality, necessity and balancing are not clear. The emerging WTO case law is analysed in this article, which adopts a comparative approach, drawing upon proportionality and balancing tests in different national and international legal orders. It discusses how these tests could influence the interpretation and application of WTO law. A main argument is that trade-offs among competing norms and values are unavoidable in WTO dispute settlement, and that the proportionality analysis could contribute to making this process more transparent, rational and predictable
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| 8 |
ID:
076922
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2007.
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| Summary/Abstract |
There is a danger that the Rule of Law Assistance Unit of the United Nations Peacebuilding Commission will employ the same dominant but problematic paradigm that the international development community has pursued across the globe. This top-down, state-centred paradigm, sometimes known as 'rule of law orthodoxy', stands in contrast to an alternative set of strategies: legal empowerment. Legal empowerment involves the use of legal services, legal capacity-building and legal reform by and for disadvantaged populations, often in combination with other development activities, to increase their freedom, improve governance and alleviate poverty. It is typically carried out by domestic and international non-governmental organisations (NGOs), but also by governments and official aid agencies. This alternative approach focuses directly on the disadvantaged and integration with other development activities, which means it often operates under the de facto rubric of social development. Legal empowerment strategies vary among countries and NGOs. But their impact includes reforming gender-biased, non-state justice systems in Bangladesh; ameliorating the legal system's corruption in post-conflict Sierra Leone; keeping the human rights flame burning in post-conflict Cambodia; advancing natural resources protection and indigenous peoples' rights in Ecuador; and strengthening agrarian reform in the Philippines. Addressing such priorities can help alleviate poverty, ameliorate conflict and prevent chaos or repression from dominating the disadvantaged, particularly in conflict or post-conflict societies.
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| 9 |
ID:
076920
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2007.
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In the face of an unprecedented surge in United Nations (UN) peacekeeping activity over the past three years - with now almost 100,000 military, police and civilian personnel deployed on four continents in 18 operations - there is a need for the UN to develop a comprehensive doctrine that better defines what modern UN peacekeeping has become and that covers the full range of civilian peacebuilding activities that are now a standard feature of Security Council mandates. This paper serves as a primer and proposes an agenda for debate on such a doctrine. It summarises evolutions in thinking and practice over the past 15 years. It also highlights key conceptual challenges and political fault lines to be reconciled in order for a new comprehensive doctrine to enjoy broad support of the UN's 192 Member States, while still providing relevant guidance to thousands of personnel on the front-lines of the effort to help rebuild war-torn states
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