Contestation and Transformation. Final Thoughts on the Liberal International Order

Abstract

The liberal international order, the inseparable mix of US geopolitical power and ideational project of organising international relations along normative frameworks such as internationalism, institutionalism and democracy, is reeling under the pressure of profound systemic changes such as greater interconnectedness and multipolarity. Predictions abound that increasing great power competition, most visibly at play in geographical areas of contested orders, will eventually tear it down. However, even if major actors – the US included – display a selective, irregular and often instrumental commitment to the liberal order, they are still repositioning themselves in that order and not outside of it. In addition, conflict is not the default outcome of order contestation, as hybrid forms of governance are possible even in troubled regions. No doubt, the world of tomorrow will be less American-shaped and less liberal, but transformation is a more plausible future than collapse for the liberal order.     

Contending regionalisms: hubs and challengers in the Americas and the Asia-Pacific

As regions become more institutionalized, they are characterized by two competing trends. First, key regional institutions can become hub institutions that act as transmitters of a comprehensive set of norms. Second, as regional institutions increase in number, regions themselves are liable to become more fragmented. How these trends have played out is explored in two key regions, the Americas and the Asia-Pacific. It is concluded that regions are not static entities but are ever-changing structural arrangements. Hub institutions can be challenged and the consequences can be significant as regions gain in importance on the international stage.     

The Reputational Impact of Investor-State Disputes

To what extent do alleged violations of international commitments damage state reputation? This article explore this question with specific reference to investor-state disputes arising under the protection of international investment agreements. Its main contributions are threefold. First, building on the political institutions literature, the study places the theoretical importance of information about the rules of the game, and the actions of the participants at the center of analysis. Second, in contrast to prior empirical research, the study systematically analyzes the costs of state involvement in investment treaty arbitration by examining all known disputes. Third, the study addresses the impact of investment disputes on both foreign investment flows and state reputational rankings. We show that the consequences of investment disputes vary with the transparency of the investor-state dispute settlement process. The central implication of these findings for the broader body of literature on international institutions is that reputational mechanisms for effective treaty enforcement cannot be taken as given but instead need to be explored on the basis of a nuanced approach that addresses the pivotal issues of institutional design and information costs.     

海洋命运共同体思想的内涵和实践路径

海洋命运共同体思想是人类命运共同体思想在海洋领域的细化,反映了国际海洋法的发展趋势和价值目标。它创造性的继承并发展了和而不同思想以及共同体思想,为全球海洋治理提供了新的价值指引。海洋命运共同体是共同体成员基于海洋共识和共同的海洋利益产生认同感和归属感,通过在海洋领域的共同合作形成的联合体,包括海洋政治、安全、经济、文化和生态命运共同体。中国在区域可以通过实施多边海洋行动,构建区域海洋命运共同体,实现区域合作关系的升级。海洋命运共同体是超越民族和国家的海洋观,中国在全球可以通过构建海上丝路命运共同体、提升国际制度性话语权和形成国际海洋法律新制度来践行海洋命运共同体思想。     

Past as global trade governance prelude: reconfiguring debate about reform of the multilateral trading system

This paper peers backwards into the history of the multilateral trading system and its development over the past half century as a means of considering what may lie beyond the horizon for the future of global trade governance. Its purpose is to underscore the necessity and urgency for root-and-branch reform of the multilateral trading system. It achieves this by comparing and contrasting the global trading system of 50 years ago with its modern-day equivalent and its likely future counterpart half-a-century hence. In so doing, the paper throws into sharp relief not only the inadequacies of global trade governance today but also the damaging consequences of not fundamentally reforming the system in the near future, with a particular emphasis on the past, present and future development of the world’s poorest and most marginalised countries.     

International and African Regional Instruments to Protect Rights of Child Victims of Transnational Trafficking

Abuse against children and the exploitation of children worldwide has become a growing concern. Child trafficking threatens children’s protection; and their right to survival, development and participation are violated. This article reviewed international and regional conventions and action plans that protect child victims of trafficking in Africa. It concludes that to fight trafficking, cross-border cooperation should be enhanced through bilateral, multilateral and sub-regional agreements. Furthermore, counter trafficking policies and measures targeting children should reflect a child-rights approach and children should be placed at the center of all initiatives and their best interest given primary consideration.     

Policy Analysis,International Relations,and European Governance – Beyond Disciplinary Boundaries

ABSTRACT

The article highlights the rationale of the special issue in terms of its objectives and guiding principles. It maps different evolutions and challenges within three analytical streams (1) regarding the field of policy analysis, (2) concerning the interaction between domestic and international affairs, and (3) with regards to the transformation of European Union governance in troubled times. These three research avenues highlight how not only European governance itself has evolved in a changing world, but also how the analysis of interests, institutions, and policy-making has morphed, oftentimes transgressing disciplinary and methodological boundaries.     

Conflict reduction by mutual disengagement

This study attempts to discover what variables, if any, will induce opponents to cooperate. The author isolated 12 independent variables and grouped the first five together in his refined model as variable 6. The remaining variables are: worthlessness, supervision, conspicuousness, previous neutralization, absence of internal segmentation, military potential, and tradition as a neutral. Analysis was limited to bivariate relationships between the independent and dependent variables (i.e., possible outcomes). Cases tested included examples from the outbreak of World War I to the present. The author discovered that disengagement would most likely succeed in a geographically and ideologically distinct Country, one previously neutralized, that had little military value, a politically organized population, and some military capacity. The most unpromising candidate would lack clearcut ethnic borders, internal homogeneity, and political unity. Disengagement, while no panacea, offers the advantage of many opening moves in a conflict reduction situation.     

Seal the Deal: Bargaining Positions,Institutional Design,and the Duration of Preferential Trade Negotiations

Multilateral negotiations at the World Trade Organization have stalled. This has contributed to a steep rise in preferential trade agreements (PTAs). At the same time, negotiations for PTAs have not always proven quick and painless: While some treaties are sealed within a few months or days only, other agreements are preceded by protracted bargaining processes in trade and trade-related issue areas. In this article, we provide a theoretical explanation for this empirical variation. More specifically, we argue that PTA negotiations take longer the greater the distance between the prospective partners’ initial bargaining positions. Moreover, we contend that negotiation processes become more protracted the higher the relative ambition of the prospective PTA. Due to the limited links to the domestic political arena in autocracies, we expect this latter effect to play out for groups of democratic bargaining partners only. We test these two hypotheses for 198 preferential trade negotiations using novel measures for bargaining templates and the ambition of PTA clauses. In our two-stage survival models, we find support for our argument. In line with qualitative evidence from recent preferential trade initiatives, our models indicate that services, investment and intellectual property rights are particularly sticky agenda items for democratic leaders at the international bargaining table.     

德国国际私法关于识别的理论和司法实践研究

德国国际私法认为，识别源于对冲突规范所使用之“体系概念”的解释，发生识别冲突的原因在于内、外国实体法存在体系差异，内国实体法体系中存在漏洞，内国实体法和国际私法之间存在体系差异。在识别冲突的解决上，存在法院地说、准据法说和独立识别说等三种主要理论。在德国国际私法的司法实践中，法院地说占据主导地位，但法院在一定程度上也采纳独立识别说，作为法院地说的必要补充。采用独立识别说时，法院一方面要对冲突规范中的体系概念进行广义解释，突破其在内国法律体系中的内涵范围，兼容外国法的相关制度；另一方面要从法律体系、文化背景等方面对外国法制度进行比较法分析，以确定其功能和目的。如果能够确认该外国制度和内国某一体系概念在目的和功能上具有对应性，就可以将该外国制度纳入该概念，从而拓展冲突规范的适用范围，否则就必须发展新的冲突规范加以应对。