Health at the Gateway. Problems and International Obligations of a Seaport City.E. W. Hope

Mozambique lies on the south-east coast of Africa. Its Independence, in 1975, was particularly difficult and severely disrupted the economy. All its major rivers rise in neighbouring countries and several, in particular those from South Africa and Swaziland, are already heavily used before crossing the border. Since 1977 the National Water Directorate has been responsible for management and development of water resources. The Directorate includes a hydrology department which maintains field-teams throughout the country. Virtually no water quality data are available from before 1972, when irregular sample collection began. Since Independence, sampling has continued but the Directorate has redefined the objectives of the programme to obtain maximum benefit from very limited resources. These objectives were chosen for economic, hydrological and political reasons. The long-term objectives are to provide the data required for agricultural and industrial development projects, to manage and maintain the quality of Mozambique's water resources, and to meet international obligations. In practice, the capacity of the hydrological service is insufficient to meet these objectives. The targets for the existing programme were therefore chosen to satisfy the most important objectives and to be feasible with present resources. The routine programme is being completely operated by technicians who have no more than nine years schooling.

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China – Tariff Rate Quotas for Certain Agricultural Products: Against the Grain: Can the WTO Open Chinese Markets? A Contaminated Experiment

World Trade Review ◽

10.1017/s1474745621000148 ◽

2021 ◽

pp. 1-16

Author(s):

Joseph Glauber ◽

Simon Lester

Keyword(s):

Bilateral Trade ◽

The United States ◽

Legal Aspects ◽

Tariff Rate ◽

Economic Interests ◽

Trade Relations ◽

Tariff Rate Quotas ◽

International Obligations ◽

Trade Relationship ◽

Key Issues

Abstract The US complaint about Chinese tariff-rate quotas (TRQs) on certain grain products helps illustrate several key issues in US–China trade relations and the effectiveness of WTO disputes. First, do international obligations based on transparency and fairness work in relation to an authoritarian country not known for the rule of law domestically? Second, can there be a disconnect between the legal aspects of a dispute and the underlying economic interests, with a DSB ruling sometimes not leading to improved trade flows? And third, given the bilateral trade war and ‘phase one’ trade deal between the United States and China, has the WTO been superseded in this trade relationship? This paper summarizes the facts and law of the China–TRQs dispute, and examines each of these questions in that context.

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Law and the Culture of Capital: A Critical Perspective on Labour’s Right to Associate in Developing Societies

Journal of Developing Societies ◽

10.1177/0169796x0201800101 ◽

2002 ◽

Vol 18 (1) ◽

pp. 1-22 ◽

Cited By ~ 1

Author(s):

L. A. Visano ◽

Nicholas Adete Bastine

Keyword(s):

Socioeconomic Development ◽

Law And Economics ◽

Complex Form ◽

Labour Relations ◽

Legal Narratives ◽

Labour Standards ◽

International Obligations ◽

Developing Societies ◽

International Labour Standards ◽

The Impact

Informed by critical theory, this paper focuses on the dialectical interplay between law and economics evident in the practices and policies of the International Labour Organization (ILO). It is argued, first, that governments do not comply with international labour standards because of the inherent weaknesses of the ILO as the source and enforcer of international obligations. Second, the parochial politicization of rights defers to the arrogance of ignorance. Third, developing societies are overwhelmingly preoccupied with socioeconomic development. In exploring the impact of ILO practices on developing societies within the policies of the International Monetary Fund (IMF) and the World Bank (WB), this paper asks the following questions: to what extent does capital form and inform the law in relation to conflicting economic narratives of development and nationhood? How and why does the ILO talk up legal narratives of regulation and contest? How does law hegemonize capital integration? How does law symbolically function to mediate labour relations meanings and manipulate the inaction of civil society? Within the larger structure of “market forces,” the commodity of law is a complex form of social communication that diverts attention away from the political impact of predatory economies.

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SECURING HUMAN RIGHTS IN THE FACE OF INTERNATIONAL INTEGRATION

International and Comparative Law Quarterly ◽

10.1017/s0020589310000692 ◽

2011 ◽

Vol 60 (1) ◽

pp. 125-165 ◽

Cited By ~ 1

Author(s):

Israel de Jesús Butler

Keyword(s):

Human Rights ◽

International Law ◽

Regional Level ◽

International Human Rights Law ◽

Human Rights Law ◽

International Human Rights ◽

Governmental Organizations ◽

The Face ◽

International Obligations ◽

Increasing Risk

AbstractThe continuous transfer of authority from the national sphere to inter-governmental organizations gives rise to an increasing risk that States may be mandated by their obligations under these organizations to take measures that are inconsistent with their obligations under International Human Rights Law. Drawing on the approaches of various international, regional and national jurisdictions, this article explores two possible models for restructuring International Law that could ensure that human rights obligations remain effective. The ‘international constitutional’ approach would ensure that human rights are enshrined within the ‘constitutional’ instruments of IGOs, preventing incompatible rules from emerging. The ‘parochial’ approach would ensure that human rights as protected at the national or regional level would take precedence over conflicting international obligations.

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Technische Universitaät Darmstadt v. Eugen Ulmer KG

The American Journal of International Law ◽

10.5305/amerjintelaw.109.1.0161 ◽

2015 ◽

Vol 109 (1) ◽

pp. 161-167

Author(s):

Anne-Marie Carstens

Keyword(s):

Intellectual Property Rights ◽

Public Interest ◽

The United States ◽

Fair Use ◽

The European Union ◽

The Public ◽

Court Of Justice ◽

International Attention ◽

International Obligations ◽

Mass Digitization

In Technische Universität Darmstadt v. Eugen Ulmer KG, the Court of Justice of the European Union (ECJ or Court) addressed several important copyright issues stemming from a practice that continues to confound many legal practitioners and adjudicators: the mass digitization of library collections. The judgment adds to an emerging body of jurisprudence decided in the context of a trend toward greater digitization that could ultimately facilitate the development of a global, digital library. To date, the jurisprudence has largely been formed by cases challenging mass digitization that are percolating through the United States courts and have attracted international attention and criticism. The ECJ decision thus provides an important point of reference for evaluating how different jurisdictions balance the rights of authors against the public interest, as served by relevant fair use exceptions consistent with their international obligations under traditional copyright treaties, the 1996 WIPO Copyright Treaty, and the 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) applicable to all WTO member states.

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