Die WTO im Rahmen des Global Governance Konzeptes (German Edition)

Stolen Child
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Accordingly, it is often the case that general formulations of political goals are carried out on an international level e.

Prof. Dr. Karl Wohlmuth

Furthermore, Global Governance is characterized by cooperation of state and non-state actors, for example supranational systems like the European Union, NGOs non-governmental organizations like Greenpeace that stand for the civil society, international organizations like the WTO World Trade Organization or international regimes that are bound to a particular area of politics like the MTCR missile technology control regime. Many global problems require collaboration of these actors as it is the case in the field of human rights. They can only be protected effectively when the nation states ratify international conventions and NGOs like amnesty international observe thoroughly their compliance.

This development is accompanied with an increasing significance of informal agreements. Another condition of Global Governance is the redefining of sovereignty rights. This means to link national governance and sovereignty to the compliance of globally accepted standards, e. Countries, which do not follow these rules, must expect sanctions of the international community.

However, this concept must be based on legitimacy and requires certainly a reformation and democratization of the United Nations Organization. Sanctions that are not clearly approved and defined by international institutions like the UNO e. They might vary decisively due to cultural differences. Relations between Global Governance and International Law, similarities and distinctions Global Governance means political regulation on a global, international level.

Such regulation requires rules and the substantiation of rules is law - which leads us to International Law. Vice versa, Global Governance is a progression and further development of International Law. The single warranty for the observance of International Law was the principle of mutuality until the concept of Global Governance arose.

While in former times states could only hope that contracts were kept for the simple reason that the other party also would not like to be betrayed, states are nowadays urged or even forced to keep conventions because otherwise they are going to be punished by international governance institutions. At least, this is what Global Governance aims for.

It restrains sovereignty much more than International Law alone does. Looking at the beginning time of the concept of Global Governance, it is easily recognizable that this concept developed due to severe breaches of International Law during World War One and Two apart from demands of globalization and consequently the claim for international institutions which are enabled to formulate stricter rules, control their compliance and punish their violation.

Both International Law and Global Governance depend on a certain minimum consensus amongst all actors, despite innumerous differences, e. On the other hand, International Law is mainly independent from the type of government inside a state, it works in a community of monarchies, democracies, autocracies and so on, whereas it emerged during the last years that Global Governance is closely coupled with democracy: rules, which are democratically legitimized, are much more likely to be followed than other rules.

The observance of rules guarantees the effectiveness of governance - and this again strengthens the trust in and the satisfaction with the democratic political regulation. The more a system of governance lacks central authorities and successful sanctions, the more it requires voluntary compliance of rules. Global Governance without democratic legitimacy will always be problematic. An additional difference between the two concepts is that the equality of all actors, as it is a principle of International Law, is realized even less in Global Governance, for example there are states with particular functions that enlarge their power like the five permanent members of the Security Council of the UNO.

Eventually, Global Governance involves much more different actors, e. NGOs which are not subjects of International Law.

Thomas Mayer

Bedjaoui ed. On the basis of the policy option selected, the Communication foresees a general concept of future action for implementation ranging from global to local, both in the international context and within Europe, in order to address the need for sustainable consumption patterns and sustainable tourism production. Check out our webinar to find out more about the upcoming changes to trademark protection in Cuba and Iran. This measure should allow the involvement of all stakeholder groups in the impact assessment. By Marie von Engelhardt. Miehsler and D. Through its current patterns of consumption and production, tourism can have negative impacts on the economic, social and environmental pillars of sustainability.

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Structure: 1. Introduction 2. However, such a criterion is too vague and too contested. Jeremy Waldron, similar to Kingsbury and Donaldson, suggests certain elements of the public rule of law. Among them are the idea of a rule by legal rules, the limitation of discretionary powers and the availability of legal review. In the end, it is only the public itself — that is, a community and its institutions — that can define common interests. An actor may thus claim to articulate a common interest if it is mandated to act on behalf of a community including the international community. At first sight, this replaces one problematic definition with another one: what is a community?

Two thousand years of political theory have dealt with this question. This also allows for a plurality of approaches. At the same time, there is wide consensus that a community requires at least an institutional framework for the articulation of a common interest. For example, one might debate whether the international community is a community of states or of individuals or whether the UN General Assembly is mandated to articulate its interests.

To sum up, publicness is established by reference to the legal mandate — hard or soft — that the act invokes explicitly or implicitly. If the mandate equips an international institution with the power to define and pursue a common interest, any authority that the institution might exercise in this frame should be qualified as public. But what is authority? To provide an understanding of the authority for international institutions is just as intricate.

Traditionally speaking, public authority is equated with state power, sovereignty and the legitimate means of coercion. On this account, international institutions would not exercise authority.

However, many citizens experience international institutions as having a powerful impact on their lives. Our concept of international public authority is a scholarly response that elaborates such perceptions. It credits the fact that impact can have many faces other than physical coercion and overwhelming force, so that a broader definition of authority is needed.

Inspired by world public opinion and the core idea of the public law approach, we take freedom to be the decisive criterion for broadening the concept of authority. Such impact may materialize by changing a legal position or by legally obliging a person to act in a certain way or to suffer a sanction, but it may also be factual. The impact may affect humans not only individually but also — as is usually the case with international public authority — collectively — that is, when an act addresses entities such as states. To posit freedom as the guiding idea is, of course, a choice, but it is a reconstructive one that is supported by both theoretical reflection and legal developments.

In many legal orders, public law is guided by this idea. Freedom, as we understand it, refers to the freedom of individuals — that is to say, both their private and their public freedom.

Formalities

The public freedom of individuals consists, on the most abstract level, in meaningful inclusion in the political process that determines the common interest. Private freedom embraces the full development of the individual. The legal aspect of that justification is our topic. As is the case with publicness, this does not mean that an illegal act would disqualify as an exercise of authority.

There can be illegal exercises of authority, and the act might become the object of a legal dispute. Similarly, it is worth reminding our readers that this understanding of authority is to be distinguished from legitimacy: authority implies a rebuttable claim to legitimacy. What does it take to affect freedom? The authority of domestic public institutions rests, according to received wisdom, on their competence to use physical coercion to make a person or entity act as they command. Sometimes, acts of international institutions are backed up by credible means of coercion, such as some UN Security Council resolutions.

This form of power is well recognized at the international level. From the world of international adjudication, we note that a trade measure found to be in violation of international trade law may give rise to sensitive countermeasures.

Such obligations hurt and impact freedom. Domestic legislatures might abstain from legislative projects for fear of expensive claims for damages. Financial benefits may have a comparable impact. Many countries have reformed important parts of their domestic law according to the policies of the Bank for International Reconstruction and Development and the International Monetary Fund IMF in order to qualify for the financial support they needed. International institutions use benefits as a means to force their policies upon states.

A further mechanism that ensures compliance is the threat to exclude a state from international cooperation if it does not heed the policies of international institutions. The failure to honour a decision by an international institution entails reputational costs that might be relevant even for heavyweight actors like the United States or Russia. But, in the present interdependent world, states depend far more on international cooperation than before. According to this logic, it is also possible to argue that non-binding or even non-legal acts can amount to exercises of international public authority in that they impact freedom.

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But they might face other, more indirect sanctions. The black list of uncooperative states in matters of money laundering set up by the Financial Action Task Force showed that the prospect of being on such a list even induces rising powers like China to respect the corresponding international standards.

Bibliography

The authority of international acts can also rest on their capacity to shape the terms of international discourse. An important example is the effect of international acts on the distribution of argumentative burdens. International judicial decisions are not considered binding beyond the parties to the dispute. A party that seeks redress in the context of world trade law against rules on wildlife protection will find itself compelled to base its reasoning on the Appellate Body report in EC — Seals , whether it agrees with the report or not.

Rather than saying that precedents are non-binding for non-disputing parties, counsel will argue with precedents to possibly spin them in their favour.

The Law of Development Cooperation

In effect, they fight over the meaning of earlier decisions just as they fight over WTO agreements. Judges and arbitrators are expected to respond to the arguments advanced by the parties. They even have a genuine interest in using precedents as they support their decisions and suggest coherence.

They become part of the rules of the game. Authority, in this sense, emerges when a broader social belief holds that B should do x because A said so. This brings us to issues of how power is exercised through cognitive frames.

Acts of international institutions may further impact the freedom of others by influencing their knowledge and perceptions.