China’s anti-graft campaign and international anti-corruption norms: Towards a “new international anti-corruption order”?

This article analyzes the growing impact of an increasingly powerful China on the evolution of norms governing the global fight against corruption. Combining insights into the diffusion of anti-corruption norms and China’s ‘two-way socialization’ into the international order with an analysis of the Chinese leadership’s internationalized anti-corruption campaign, it argues that China’s active involvement in the international fight against corruption is bound to challenge prevailing international ‘definitions’ and ‘solutions’ of corruption. Despite the considerable attention to supposed incompatibilities between ‘culturally insensitive’ Western anti-corruption efforts and conflicting Chinese cultural norms, the actual ‘China challenge’ to the international anti-corruption regime is much less a cultural than a political one. While China’s formal-legal anti-corruption system has been receptive to international socialization, China’s own contributions to international norm making are defined by the Party’s top-level leadership, which promotes a different set of anti-corruption norms. However, a coherent alternative ‘Chinese model’ of anti-corruption, akin to the globally propagated ‘China path’ for economic development and poverty reduction, is not yet in sight.     

Are international environmental agreements enforceable? implications for institutional design

Over the past several decades, European international environmental institutions have evolved, heeding institutionalist calls for stronger institutions backed by sanctioning and dispute settlement mechanisms. This apparent increase in institutional strength has led to a corresponding increase of the behavioral effectiveness, or active compliance management of institutions as observed in the incidence of arbitral tribunal decisions. However, upon closer examination, it is apparent that this behavioral effectiveness has not been exclusively due to provisions for arbitral tribunal decisions within international environmental agreements. Rather, the incidence and enforcement of these arbitral tribunal decisions is linked to the institutional design of the enforcement mechanisms. Most international environmental agreements rely on parties to raise disputes and enforce commitments, causing individual countries to bear the cost of enforcement. In addition, bringing a dispute to an arbitral tribunal requires the accordance of the parties to the dispute. In contrast, the European Court of Justice allows for enforcement to originate from a strong central authority and for the cases of arbitration to be filed unilaterally. International environmental agreements that have been joined by the European Community and have a provision for an arbitral tribunal have stronger enforcement mechanisms, are more likely to result in enforcement action, and are more effective in generating behavioral change.     

Addressing cross-border environmental displacement: when can international treaties help?

Environmental degradation is increasingly causing cross-border displacement of people, but countries have formed no treaties to facilitate collaboration on the issue. When is such collaboration feasible, and how should environmental displacement treaties be designed? We present a game-theoretic analysis. In our model, countries first decide on ratifying a treaty, and doing so commits them to helping other countries that face cases of environmental degradation in the future. The equilibrium analysis suggests that treaty formation is easier under conditions of mutual vulnerability than if some countries are at a greater risk of environmental degradation than others. Our most important finding is that contrary to the received wisdom, treaties imposing stringent demands on countries are easier to form than treaties that are easy to comply with. We also examine the benefits of using displacement treaties to build capacity for cooperation. We illustrate the utility of the analysis with a discussion of the Kampala Convention on environmental displacement and consider the potential for future treaty formation in Sub-Saharan Africa and Oceania.     

The international movement to deter corruption： Should China join？

Global concerns over the corruption of weak governments by firms engaged in transnational business are the source of an international movement that emerged in 1997. Special concern is presently directed at the weakness of enforcement of laws enacted in recent times to deter corrupt business practices in international trade that were enacted in response to that movement. One cause of weakness in law enforcement is the failure of China to share actively in those concerns and the efforts to address them. This essay will briefly record steps taken in other nations to address the concerns and the limited effectiveness of those steps. It will urge Chinese participation in the international movement and briefly suggest the need for private enforcement of the law if the movement is to succeed.     

China’s private international law (1978–2008)

Since 1978, China’s private international law has made great achievements in publication of textbooks and reference materials, translation of foreign works, academic research, construction of subjects and disciplines as well as participation in international exchanges. The research on academic issues, to some extent, has helped to address various puzzles in legislation, judicature and construction of the discipline of China’s private international law, and has formed some theories in the representation of “one body of two wings.” Although there are still some flaws and issues, Chinese scholars in this field have both the capability and the mission to create a theoretical system for private international law with Chinese characteristics.     

Economic analysis of international environmental agreements: lessons learnt 2000–2020

International Environmental Agreements: Politics, Law and Economics - On the occasion of the 20th anniversary of International Environmental Agreements: Politics, Law & Economics, we...     

Linking the global to the national: an application of the international pathways model to examine the influence of international environmental agreements on Cameroon’s forest policy

Cameroon’s tropical forest cover is one of the largest in the world. It is home to some of the world’s rarest plant and animal species. However, the country has suffered extensive forest loss for many decades as a result of socioeconomic and political factors. The growing global concern for the health of the world’s forests and related global issues has placed pressure on Cameroon to sustainably manage its forests. The intricacies of domestic and international pressures on Cameroon’s forest sector means that policy makers have to take into consideration the dynamics of the domestic-international nexus in developing the country’s forest policies. The increasingly integrated global governance of the world’s forests—international agreements, protocols and treaties, international program, international institutions, international actors, and international norms—together constitute international policy regimes that have influenced the direction of Cameroon’s forest policy. Employing the international pathways framework model, an analytic model which describes how transnational actors and international institutions affect domestic policies and policy making, this paper examines the extent to which international environmental agreements have influenced the direction of Cameroon’s forest policy and policy making. The application of the international pathways model facilitated analytic review and allowed for a better understanding of how Cameroon has utilized the complex global forest governance arrangements to enhance its domestic forest policy.     

Teaching international commercial arbitration at postgraduate level – techniques for enhancing students' learning

The international commercial arbitration modules that are increasingly taught at postgraduate level at British universities seem to be quite popular among students who have not obtained their first law degrees in the UK. Whilst the seminars, which require a great deal of independent study, may be a valid mode for teaching postgraduate students who have graduated in the UK, the same may not be true for teaching postgraduate students who have obtained their first degrees abroad. The aim of the article is to identify the teaching methods that should be used, in order to foster seminar discussions and encourage the postgraduate students who have not obtained their first degrees in Britain to understand the relevant material by reading widely. The project involved the use of a number of teaching techniques by the author for a trial period (i.e., an academic year). The study clearly showed that if we want to promote a “deep approach” to learning when teaching international commercial arbitration, then we need to adopt a mix of teaching methods that considers the individual interests, needs and abilities of each individual student.     

Problems and experiences： Multiple way of international business dispute settlement in China

Litigation, mediation, negotiation and arbitration are four main methods for dispute settlement. When disputants faced to a dispute, they firstly faced with using which method to solve their disputes. International institutions apply the multiple way for solving the dispute and using all kind of methods with a guideline. In China, the litigation and arbitration also combined with mediation. But it is not completely equal to the multiple way, still need to be improved.     

Strategies in international regime negotiations: reflecting background conditions or shaping outcomes?

Negotiation behaviour is usually seen as an intervening variable—adapted to structural and institutional conditions, but with sufficient degrees of freedom to leave its own imprint on outcomes. Little is known, however, about the extent to which negotiation behaviour in fact shapes outcomes. This paper addresses that question, building on data from the Miles et al. (Environmental regime effectiveness: confronting theory with evidence. MIT Press, Cambridge, MA, 2002) environmental regimes project. Four main conclusions can be inferred from the analysis. First, the Miles et al. core model seems to account for a fair amount of the variance observed in the strategies adopted by “pushers” and “laggards,” but it also leaves ample scope for other explanations. Second, both of these groups respond to the choice of strategy made by the other. Third, adding negotiation strategies to the Miles et al. core model does not significantly change the conclusions obtained from that model itself. Finally, sometimes negotiation strategies—in particular combinations of strategies—nevertheless make a real difference, often through interplay with other factors. To better understand when and how this occurs, we need models that are more sophisticated and a combination of methodological tools designed for aggregating as well as separating effects.     

The perspective of “justice” of international law in the global context

After the Cold War and the quick development of globalization, non-state acts by international organizations, transnational corporations and nongovernmental organizations (NGOs), etc., are becoming more active. Global issues with regard to, inter alia, environment, human rights, terrorism are constantly emerging, which bring great challenge to the Westphalia System that is based on state sovereignty and centered on the national state. At the same time, the values, which include “individualism” and “global justice,” are constantly casting impact on international legal system. Doubtlessly, in the current context of international relations, “justice among states” is still the reasonable positioning of the value of modern international law. However, making “individualism” and “global justice” compatible and modifying “justice among states” is an inevitable trend. At the same time, the rule brought about by the modification on the value of justice must be handled properly.     

Removing fuel subsidies: How can international organizations support national policy reforms?

This article investigates how international organizations can support fuel subsidy reform. Departing from earlier studies, we focus on the ability of international organizations to assist national governments directly in the enactment and implementation of national reforms. While international organizations lack the capacity to directly enforce policy or force countries to abolish subsidies, they can increase the cost of reform reversal by governments that have a preference for reform but worry about the credibility and durability of their reforms. Moreover, international organizations can support learning from peers. In practice, governments interested in subsidy reform can announce a public commitment and submit progress reports to peer review by other countries under the auspices of an international organization. We characterize the institutional design of international organizations for success, discuss the role of the civil society in the process, and offer short illustrations from recent efforts by international organizations to promote fuel subsidy reform.     

Casualisation and international labour standards： The role of trade unions in Nigeria

Casualisation is a new form of work arrangement occasioned by globalisation and trade liberalisation. This development was facilitated by the technological improvements in communication and information technology. Scholars have attributed the shift from standard work arrangements to nonstandard work arrangements to the fact that employers use it to avoid the mandates and costs associated with labour laws which are designed to protect permanent employees. Casualisation became a feature of Nigerian labour market in the late 1980＇s and is traceable to the adoption of the Structural Adjustment Programme in line with the neoliberal policies prescribed by the International Monetary Fund and the World Bank. One of the effects of this policy was the retrenchment of workers in the public sector which created large scale unemployment. However, the private sector which was to be strengthened by government policies to absorb these workers could not absorb all the retrenched workers from the public sector. Therefore, many of them were employed as casual and contract workers with low remuneration, limited benefits and lack of right to organise. This development led to a ＇race to the bottom＇ of labour standards. This paper seeks to examine the adequacy of labour laws governing trade unionism in Nigeria in ensuring the right of nonstandard workers to freedom of association, as well as their conformity to international labour standards. It is argued that Nigerian labour laws are inadequate and need to be reformed in order to give protection to casual and contract workers in many sectors of the economy and to guarantee their right to unionise in order to enable them improve their rights at works.     

Small arm transfers and state complicity in international law： Challenging the limitations

Small arms have been frequently used in perpetration of human rights violations, and thus need to be subjected to legal scrutiny. This piece attempts to contribute this aim by making a legal analysis of the issue of state complicity in arm transfers. Drawing a frame of applicable laws, it highlights the importance of Article 16 of the ILC Draft Articles on State Responsibility where the notion of complicity in international law is typically designed. Moreover, this piece finds the scope of protection provided within this Article limited, and contends that the boundaries of liability for complicit acts must take into account the contemporary political, social, and economic settings for a wider understanding of complicity.     

Open or closed meetings? Explaining nonstate actor involvement in the international climate change negotiations

When do states allow nonstate actors (NSAs) to observe negotiations at intergovernmental meetings? Previous studies have identified the need for states to close negotiations when the issues under discussion are sensitive. This paper argues that sensitivity alone cannot adequately explain the dynamic of closing down negotiations to observers. Questions that have received little attention in the literature include which issues are considered sensitive and how the decision is made to move the negotiations behind closed doors. This paper examines the practices of NSA involvement in climate diplomacy from three analytical perspectives: functional efficiency, political dynamics, and historical institutionalism. Based on interviews and UNFCCC documents, this paper suggests that to understand the issue of openness in negotiations, institutional factors and the politics of NSA involvement need to be better scrutinized. The paper shows that each perspective has particular advantages when analyzing different dimensions of the negotiations, with implications of how we understand the role of NSAs in global environmental governance.     

Historical review of Taiwan＇s environmental legislative adjustment and its implications under international agreements

After 1960s, the economic developmental explosion in Taiwan had brought serious environmental degradations including the air and water pollution, waste disposal, as well as wildlife problems. Since then, Taiwanese has begun environmental protection movements striving for ＂environmental rights＂. In addition, international environmental agreements have grown with great speed in the past decades. Although Taiwan never signed or joined any international environmental agreements or organizations, the development of international environmental laws still deeply affect Taiwan environmental regulations. Under this global trend, Taiwan has to cooperate with international community and to obey international environmental agreements. Thus Taiwan had passed numerous environmental laws including ＂Air Pollution Control Act,＂ ＂Water Pollution Control Act,＂ ＂Noise Control Act,＂ ＂Waste Management Act,＂ ＂Toxic Chemicals Management Act,＂ ＂Wildlife Protection Act,＂ and ＂Nuisance Dispute Resolution Act.＂ Thus the article will examine Taiwan＇s environmental administration, regulations as well as the implication under international agreements.