The effects of treaty legality and domestic institutional hurdles on environmental treaty ratification

We study the effects of treaty design and domestic institutional hurdles on the ratification behavior of states with respect to multilateral environmental agreements (MEAs). Specifically, we examine whether (1) strong legality mandated by a treaty such as precisely stated obligations, strong monitoring/enforcement mechanisms, and dispute resolution procedures, and (2) high domestic constitutional hurdles such as requirements for explicit legislative approval deter countries from ratifying a treaty. To test our theoretical claim, we use a new time-series-cross-sectional dataset that includes information on the ratification behavior of 162 countries with respect to 220 MEAs in 1950–2000. We find that treaties that are characterized as ‘hard’ indeed deter ratification. Furthermore, explicit legislative approval requiring supermajority also makes treaty ratification less likely.     

The ECB's Membership in the IMF: Legal Approaches to Constitutional Challenges

Abstract Although the European Central Bank (ECB) is only an observer in the International Monetary Fund (IMF), its membership in the IMF will spark constitutional changes for both the EU and the IMF. The ECB's participation in IMF activities has so far been undertaken pragmatically, and is likely to evolve over time. This arrangement will limit the ECB's ability to fully develop in international monetary cooperation. This paper reviews what kinds of constitutional challenges the ECB faces in its bid for membership in the IMF. The research is based on the legal method and assesses the relevant provisions of both the EC Treaty and the IMF's Articles of Agreement. It also suggests some feasible approaches for ECB membership in the IMF.     

The semiotics of international law: Interpretation of the abm treaty

Loyola Law School, 1441 West Olympic Blvd, Los Angeles, CA 90015, U.S.A. My thanks to Jacqueline Grunfeld for valuable research assistance.     

The right of withdrawal in the treaty of Lisbon: a game theoretic reflection on different decision processes in the EU

The ways of decision-making within the EU have significantly changed in the last decades: The rule of unanimity has been more and more substituted by majority voting in order to speed up decision-making processes in a Union of 27 heterogeneous member states. A third possibility is now offered by the Lisbon Treaty including a constitutional right of withdrawal. A member state encountering a loss in its benefits caused by a decision made by majority voting may now demand compensating transfers by using the right of withdrawal. It might threaten to leave the EU if the compensation is denied. Hence, does this mean that member states now have regained a negotiation power comparable to the right to veto? Using a game theoretic approach we investigate the amount of compensating transfers to be offered under majority decisions with exit option compared to decisions requiring unanimity.     

The role of valuation and bargaining in optimising transboundary watercourse treaty regimes

In the face of water scarcity, growing water demands, population increase, ecosystem degradation, or climate change, transboundary watercourse states inevitably have to make difficult decisions on how finite quantities of water are distributed. Such waters, and their associated ecosystem services, offer multiple benefits. Valuation and bargaining can play a key role in the sharing of these ecosystems services and their associated benefits across sovereign borders. Ecosystem services in transboundary watercourses essentially constitute a portfolio of assets. While challenging, their commodification, which creates property rights, supports trading. Such trading offers a means by which to resolve conflicts over competing uses and allows states to optimise their ‘portfolios’. However, despite this potential, adoption of appropriate treaty frameworks that might facilitate a market-based approach to the discovery and allocation of water-related ecosystem services at the transboundary level remains both a challenge and a topic worthy of further study. Drawing upon concepts in law and economics, this paper therefore seeks to advance the study of how treaty frameworks might be developed in a way that supports such a market-based approach to ecosystem services and transboundary waters.     

An institutional framework for addressing marine genetic resources under the proposed treaty for marine biodiversity in areas beyond national jurisdiction

International Environmental Agreements: Politics, Law and Economics - In December 2017, the United Nations General Assembly decided to convene an intergovernmental conference to elaborate an...     

The self-selection of democracies into treaty design: insights from international environmental agreements

Generally, democratic regime type is positively associated with participating in international environmental agreements. In this context, this study focuses on the legal nature of an agreement, which is linked to audience costs primarily at the domestic level that occur in case of non-compliance and are felt especially by democracies. Eventually, more legalized (“hard-law”) treaties make compliance potentially more challenging and as democratic leaders may anticipate the corresponding audience costs, the likelihood that democracies select themselves into such treaties decreases. The empirical implication of our theory is that environmental agreements with a larger share of democratic members are less likely to be characterized by hard law. Results from quantitative analyses strongly support our argument, shed new light on the relationship between participation in international agreements and the form of government, and also have implications for the “words-deeds” debate in international environmental policy-making.     

National Constitutional Jurisprudence in a Post‐National Europe: The ESM Ruling of the German Federal Constitutional Court and the Disavowal of Conflict

In its pending decision on the constitutionality of the European Stability Mechanism and Fiscal Compact, the German Federal Constitutional Court (FCC) has recently ruled on several applications for temporary injunctions against the transposition of these instruments. The problem of democratic self‐determination under the constraints of monetary integration has been a main concern in the ruling. Yet, the democracy‐safeguards the FCC has prescribed are parochial in not considering their impact on other EU Member States, and the Court's view of autonomy is skewed towards the issue of spending. Both concepts are at odds with the current level of transnational interdependence, which the FCC as relay to ‘integration by stealth’ has facilitated during two decades of EU‐jurisprudence. Constitutional jurisdiction should acknowledge its role in this state of affairs and fortify its effort in building judicial networks of deliberative exchange to overcome outworn parochialisms.     

Evaluating the forensic informativeness of mtDNA haplogroup H sub-typing on a Eurasian scale

The impact of phylogeographic information on mtDNA forensics has been limited to the quality control of published sequences and databases. In this work we use the information already available on Eurasian mtDNA phylogeography to guide the choice of coding-region SNPs for haplogroup H. This sub-typing is particularly important in forensics since, even when sequencing both HVRI and HVRII, the discriminating power is low in some Eurasian populations. We show that a small set (eight) of coding-region SNPs resolves a substantial proportion of the identical haplotypes, as defined by control-region variation alone. Moreover, this SNP set, while substantially increasing the discriminating efficiency in most Eurasian populations by roughly equal amounts, discloses population-specific profiles.     

The validity of Niederhoffer's cynicism scale

Arthur Niederhoffer's (1967) Behind the Shield is widely regarded as a classic in the policing literature, yet problems associated with measurement of the key latent trait, cynicism, have limited the extent to which conclusions may be drawn from Niederhoffer's work, as well as some subsequent police cynicism research. In this article, Niederhoffer's research is revisited using survey data recently collected from a random sample of 499 Philadelphia police officers. The analysis begins by examining the validity of Regoli's (1976) modified cynicism scale from the perspective of Item Response Theory (IRT), using Rasch modeling techniques in an effort to more fully understand the scale's measurement properties. Then, Niederhoffer's primary research hypothesis is revisited. Three main findings are drawn: (1) the Likert response categories are being used by respondents as intended; (2) some of the scale items exhibit gender and race bias; and (3) the scale can be improved by dropping several items. Once the scale is adjusted, the findings indicate that the relationship between officer cynicism and years of service is slightly stronger than when the scale is used in its original form. Further, regression analyses yield theoretically consistent findings for the relationship between cynicism and one job-related measure (departmental disciplinary charges).