scholarly journals Unauthorized Military Interventions for the Public Good: A response to Harold Koh

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 292-296
Author(s):  
Kimberley N. Trapp
Keyword(s):  
Public Good ◽  
International Law ◽  
Humanitarian Intervention ◽  
Military Interventions ◽  
The Public ◽  
Alternative Approach ◽  
The One ◽  
Domestic Law

In his contribution to this Symposium, Harold Koh exhorts international lawyers to “seriously engage the debate” regarding the lawfulness (or at least the legal defensibility) of humanitarian intervention (“HI”). The aim of this essay is to take him up on that plea and sketch an alternative approach to the one that he advances. In so doing, I will focus on international law rather than U.S. domestic law.

Refoulement and Refugees

2017 ◽  
pp. 181-197
Author(s):  
Jasper MacLennan Sugars
Keyword(s):  
International Law ◽  
Asylum Seekers ◽  
Word Meaning ◽  
The Public ◽  
Contentious Issue ◽  
Law And Policy ◽  
The Status ◽  
Unique Approach ◽  
Important Field ◽  
Domestic Law

Refoulement, a French word meaning to reject; or backwash, is a contentious issue in the international law and policy. However, the word is unknown to most of the public world – the Australian government operations to deter asylum seekers titled ‘pushing back the boats', ‘operation sovereign borders' are questionably pushing the limits as to what's refoulement and what isn't – but the worded meaning in the convention relating to the status of refugees is the process by which a persecuted asylum seeker is forcibly removed back to a place where they are re-exposed to the same danger from which they are trying to escape. In this article, the author hopes to provide information to others who are interested in the area of refugee policy and, in particular Australia's role in the development of this increasingly important field of international law as well as the implementation of their own unique approach to dealing with asylum seekers arriving in their territorial waters by boat. in this chapter the author has made every effort to provide an unbiased, politically non-partisan view of the current policies which Australia has implemented under domestic law, which includes the act of turning back of boats and offshore processing in third-nation processing facilities.

scholarly journals Matching in the Kolm triangle: interiority and participation constraints of matching equilibria

2020 ◽  
Vol 47 (5) ◽  
pp. 1039-1050
Author(s):  
Wolfgang Buchholz ◽  
Richard Cornes ◽  
Dirk Rübbelke
Keyword(s):  
Public Good ◽  
Future Research ◽  
Content Type ◽  
The Public ◽  
Income Distributions ◽  
Good Economy ◽  
Triangle Method ◽  
Matching Mechanism ◽  
Good Provision ◽  
The One

PurposeIn this paper we show how the Kolm triangle method, which is a standard tool for visualizing allocations in a public good economy, can also be used to provide a diagrammatical exposition of matching mechanisms and their effects on public good supply and welfare. In particular, we describe, on the one hand, for which income distributions interior matching equilibria result, and on the other hand, for which income distributions the agents voluntarily participate in a matching mechanism. As a novel result, we especially show that the “participation zone” is larger than the “interiority zone”Design/methodology/approachWe employ the Kolm triangle approach, which has – compared to most other graphical methods for representing allocations in a public good economy – the advantage that it allows for showing the aggregate budget constraint, the levels of considered agents' private consumption, and the level of public good supply directly in the same diagram.FindingsThe Kolm triangle method can be used to visualize important effects of matching in an elegant way, so basically the increase of public good supply through matching. The interiority of matching depends on the income distribution and especially, on how the “interiority zone” is shrinking when the matching rate increases. Moreover, we were able to delimit the “participation zone” in the Kolm triangle. An important and novel insight is that the participation zone is larger than the interiority zone, which means that also corner matching equilibria in which only one agent makes a positive flat contribution to the public good may make both considered agents better off.Research limitations/implicationsCorner matching equilibria in which only one agent makes a positive flat contribution to the public good may improve all considered agents' welfare. How this welfare effect can be generalized to the case of different utility functions and matching rates will be an issue of future research.Practical implicationsThe examined matching mechanism finds application in many policy fields where public good undersupply is pending. International climate policy is one of these fields of application, for example.Originality/valueThe Kolm triangle method has been particularly helpful to describe the Nash equilibrium in the case of non-cooperative public good provision and to compare this outcome with Pareto efficient public good allocations. Furthermore, the Kolm triangle approach facilitates the analysis of mechanisms for attaining an efficient public good allocation like the Lindahl equilibrium as well as the study of preconditions and limitations faced by such mechanisms. An important and novel insight of our study is that the participation zone is larger than the interiority zone.

Part I General Principles, 3 International Law as it Affects Private Law Conventions Governing Cross-Border Commercial Transactions

2015 ◽  
Keyword(s):  
International Law ◽  
Public Law ◽  
Private Law ◽  
Commercial Law ◽  
Typical Structure ◽  
The Public ◽  
State Security ◽  
The Subject ◽  
The Relationship ◽  
Domestic Law

Chapter 3, after describing general principles of international law and the relationship between international law and domestic law, focuses on the hitherto neglected subject of private commercial law conventions. Textbooks on international law invariably focus on public law treaties. By contrast this chapter addresses issues relating to private law conventions. It goes through the typical structure of a private law convention, the interpretation of conventions and the treatment of errors, and the enforcement of private conventional rights against States. The subject of private law conventions and public law has become of increasing importance with the appearance in several private law instruments of provisions of a public law nature designed, for example, to ensure that creditors’ rights are not enforced in a manner that adversely affects the public interest or State security. Reservations and declarations are also discussed, together with the subject of conflicts between conventions.

Neue Gemeinwohlherausforderungen - Konsequenzen für Wettbewerbsrecht und Regulierung

2020 ◽  
Keyword(s):  
Public Good ◽  
The Public ◽  
Internet Age ◽  
Fourth Symposium ◽  
Regulatory Law ◽  
Fourth Volume ◽  
The Media ◽  
New Challenges ◽  
The One ◽  
The University

On 11 and 12 September 2018, the fourth symposium of the “Wissenschaftliche Vereinigung für das gesamte Regulierungsrecht” [“Scientific Association for the Entirety of Regulatory Law”] took place at the University of Regensburg. The topic was: “New challenges for the public good – consequences for competition law and regulation”. The basic idea of the conference concept was, on the one hand, to consider which new challenges for the public good exist in the classical network economies of the telecommunications, energy and railway regulations, and on the other hand, to focus on adjacent sectors – such as the media and communications industries – and finally go beyond the sectors considered so far. The conference was divided into the following thematic blocks: “basic papers”, “classic sectors in transition”, “new sectors in the internet age” and “new challenges beyond the sectors”. The fourth volume of the series contains the lectures given at the symposium. With contributions by Markus Ludwigs, Heike Schweitzer, Thomas Fetzer, Charlotte Kreuter-Kirchhof, Karten Otte, Karl-Eberhard Hain, Ralf Müller-Terpitz, Rupprecht Podszun, Thosten Kingreen, Julia Barth, Anna Kellner, Fabian Toros and Florian Sackmann

A Social Media Manifesto

2014 ◽  
Vol 20 (1) ◽  
Author(s):  
Peter J. Pitts
Keyword(s):  
Social Media ◽  
Los Angeles ◽  
Public Good ◽  
Bottom Line ◽  
The Public ◽  
The People ◽  
Healthcare Marketing ◽  
The One ◽  
Hard Place

The role of marketing communications is to advance the bottom line and the public good – and not necessarily in that order. Giving back is an integral part of the New Normal. And there has never been a better tool to accomplish this mission than social media.But healthcare marketing –and particularly of the regulated variety --is between a rock and a hard place. On the one hand, marketers understand the importance and opportunity in social media. It’s where the people are. It’s where the action is. But then there are all those pesky regulatory concerns.As Walter O’Malley –the man who moved the Brooklyn Dodgers to Los Angeles once commented, “The future is just one damn thing after another.”

scholarly journals Between a Rock and a Hard Place: Italian Concerns Between Constitutional Rights and International Law

2021 ◽  
pp. 337-342
Author(s):  
Andreas L. Paulus
Keyword(s):  
International Law ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
International Court Of Justice ◽  
State Immunity ◽  
International Court ◽  
The 1960S ◽  
The One ◽  
Substantive Law ◽  
Domestic Law

AbstractSentenza 238/2014 has led to a sharp dissonance between the international law of state immunity as interpreted by the International Court of Justice (ICJ) and Italian constitutional law as understood and applied by the Corte Costituzionale. While the interpretation and application by the Italian Constitutional Court (ItCC) of the access-to-courts provision in the Italian Constitution may not have been inevitable, this does not remove the need for finding a solution to the stalemate between international and domestic law. On the one hand, the easy solution, namely that the rejection of German state immunity from jurisdiction does not necessarily remove immunity from execution into German property, appears unlikely to be accepted by the ItCC because it would give stones rather than bread to the complainants and render court access a futile exercise. On the other hand, bringing Sentenza to its logical conclusion would result in Italy having to return to Germany what Italian courts took from her by requiring compensation—either by way of the general international law of restitutio in integrum, which the Corte Costituzionale has neither contemplated nor contradicted, or by way of the 1961 Treaty between Germany and Italy in which Italy promises to indemnify Germany against any further claims. Thus, a compromise would have to distinguish between full access to the Italian courts notwithstanding international immunity—as required by the ItCC—and substantive law, which could accept a more symbolical recognition of the suffering of the victims. That recognition could stem from a direct source other than the two states involved, such as a common fund, and address only the small group of immediate victims who were unjustly, if arguably legally, excluded from the previous compensation scheme of the 1960s. It is by no means certain, however, whether such an outcome would be acceptable to all sides—including the Corte itself. Thus, legal certainty would have to be established as quickly as possible so that the victims can still receive at least symbolic compensation.

scholarly journals When Head Office Was Upstairs: How Corporate Concentration Changed a Television Newsroom

2005 ◽  
Vol 30 (3) ◽  
Author(s):  
James S. McLean
Keyword(s):  
Public Good ◽  
Work Lives ◽  
Daily Work ◽  
The Public ◽  
Head Office ◽  
Technological Structure ◽  
Corporate Concentration ◽  
The One ◽  
The Impact

Abstract: This paper undertakes a case study into the impact of corporate concentration on the newsroom at CKCK (CTV) Television in Regina, Saskatchewan. By comparing the newsgathering operation from the late 1980s with the one in operation today, changes to the organizational and technological structure of CKCK Television are pinpointed with respect to the effects on the work lives of journalists. This is accomplished through interviews with past and present employees and by observing the newsroom environment as it exists today. Through an assessment of daily work structures and the controls that are institutionally imposed, the manner in which journalists serve the public good is considered and questioned. Résumé : Cet article entreprend une étude de cas sur l’impact qu’a eu une convergence d’entreprises sur la salle des nouvelles de la station de télévision CKCK (CTV) à Régina au Saskatchewan. En comparant la collecte de l’information dans les années 1980 à celle de nos jours, l’article souligne comment les changements apportés à la structure organisationnelle et technologique de CKCK ont modifié le travail des journalistes. L’article atteint ce but au moyen d’entretiens avec des employés, tant anciens qu’actuels, et de l’observation de la salle des nouvelles telle qu’elle est aujourd’hui. En évaluant les structures établies pour le travail quotidien et les contrôles imposés par la station, l’article met en question combien les journalistes aujourd’hui sont réellement libres de servir le bien commun.

scholarly journals Humanitarian Intervention and Pretexts for War

2006 ◽  
Vol 100 (1) ◽  
pp. 107-141 ◽  
Author(s):  
Ryan Goodman
Keyword(s):  
International Law ◽  
Legal Status ◽  
Humanitarian Intervention ◽  
Empirical Studies ◽  
Potential Effect ◽  
Central Question ◽  
Global Order ◽  
Military Interventions ◽  
Ulterior Motives ◽  
The Impact

The legal status of humanitarian intervention poses a profound challenge to the future of global order. The central question is easy to formulate but notoriously difficult to answer: Should international law permit states to intervene militarily to stop a genocide or comparable atrocity without Security Council authorization? That question has acquired even greater significance in the wake of military interventions in Kosovo and Iraq, and nonintervention in the Sudan. Concerted deliberation on these issues, however, has reached an impasse. A key obstacle to legalizing unilateral humanitarian intervention (UHI) is the overriding concern that states would use the pretext of humanitarian intervention to wage wars for ulterior motives. In this article, I argue that it is just as likely, or even more likely, that the impact on states would be the opposite. Drawing on recent empirical studies, I contend that legalizing UHI should in important respects discourage wars with ulterior motives, and I discuss changes to international legal institutions that would amplify that potential effect.

scholarly journals Congressional and Presidential War Powers as a Dialogue: Analysis of the Syrian and ISIS Conflicts

2018 ◽  
Author(s):  
Charles Tiefer ◽  
Kathleen Clark
Keyword(s):  
International Law ◽  
The Political ◽  
Chemical Weapons ◽  
Military Interventions ◽  
War Powers ◽  
The Public ◽  
Legal Question ◽  
Interactive Nature ◽  
The U.S

Cornell International Law Journal: Vol. 49 : No. 3 , Article 4Much of the scholarship on war powers looks back on whether U.S. military interventions were authorized, examining the President’s powers under Article II of the Constitution, and congressional enactments. That legal question is important, but it does not capture the interactive nature of the dynamic between Congress and the President. This Article instead focuses on the process of dialogue between Congress and the President prior to the exercise of war powers. We examine in detail how that dialogue operates in two recent episodes: the U.S. response to Syrian President Assad’s use of chemical weapons in 2013, and the rise of ISIS since 2014. By examining the specifics of how the political branches interact, we can assess whether the exercise of war powers is democratic and legitimate. We see that Congress and the President take part in substantive consultation and dialogue, and through that dialogue, Congress and the public become more informed about the interests at stake and the available options. The nation benefits from war powers dialogue between the two political branches.

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