Promoting trade through private law: Explaining international legal harmonization

A large body of research examines states’ efforts to increase international trade through public law, that is, by forming preferential trade agreements (PTAs) that lower governmental barriers to trade. Scholars, however, have overlooked another mechanism through which states seek to facilitate trade: international harmonization of private law. Underlying legal harmonization is the assumption that cross-national variation of commercial law impedes trade; by contrast, similarity of laws across countries encourages trade by reducing uncertainty and transaction costs. I argue that the harmonization of private law acts as a substitute for the public-law channel of stimulating trade: countries with limited PTA partnerships make up for this deficiency by joining initiatives for private-law harmonization. This argument is tested by analyzing the UN Convention on Contracts for the International Sale of Goods-one of the primary instruments of legal harmonization. Indeed, countries that are party to shallow PTAs or have few PTA partners are more likely to ratify this private-law convention. Overall, this article urges scholars of trade and international law to broaden their research agenda to include private law.     

Challenging international law: a dilemma of private security companies

Since the end of the Cold War, there has been a marked increase in the sale of military services by private security companies (PSCs).1 ?1. The term private security company is used throughout the article instead of private military companies or private military firms. View all notes These companies sell anything from combat support for government military operations to military training and assistance, logistical support and more conventional security protection services. They have undertaken operations in countries as diverse as Sierra Leone, Croatia, and Columbia and now Iraq and Afghanistan. The presence of these companies on the international stage raises fundamental questions about the way war is now being fought. Unfortunately, the legal issues raised by their presence in conflicts have not yet been properly addressed. This article sets out to examine the suitability of international law in defining and controlling the activities of PSCs on the battlefield. It then goes on to discuss the problems associated with national regulation. Here the focus is on the attempts by the United States (US), South Africa, and United Kingdom (UK) governments to introduce effective legislation to control the industry.     

The perils of outsourcing post-conflict reconstruction: donor countries,international NGOs and private military and security companies

During the last few years, some donor countries (especially the US and the UK) have been increasingly outsourcing services in post-conflict operations to international non-governmental organisations (INGOs) and private military and security companies (PMSCs). These states have also adopted ‘integrated approaches’ to their policy interventions, contributing to the emergence of an ‘aid and security market’. The article uses ideas from both development and defence studies and re-problematises the contracting states' relationship with PMSCs and INGOs. It argues that although INGOs and PMSCs are very different types of non-state actors, there are striking similarities in outsourcing practices. Moreover, it demonstrates that the leading contracting states have poorly managed their contracts with both INGOs and PMSCs, and have not seriously reflected on the unintended consequences of their contracting practices on the recovery of war-affected countries.     

国际关系民主化与国际法

任何理论问题的探究都植根于一定的时代背景.当今经济全球化以前所未有的深度、广度改变着人类生活的多维层面,全球性联系要求民主化的国际合作,全球性问题需要民主化的国际协调,全球性挑战呼唤民主化的解决方式.民主化成为当代国际关系发展的客观要求与基本趋势.     

Strengthening international mediation

Conclusion Any of these models can be pursued in tandem with any other. There are undoubtedly other options as well so these must be considered illustrative of what might be done.Such an informal approach to improving and extending the practice of international mediation would not preclude the eventual creation of a more formal organizational structure at some point should that be deemed useful. Indeed, it might prepare the way.If it is too soon to know whether or how a more formal service should be designed, perhaps the soundest way to begin is with a loose network offering an array of support services that can grow organically as it proves useful. William L. Ury is Associate Director of the Avoiding Nuclear War Project at the John F. Kennedy School of Government and Director of the Nuclear Negotiation Project, 513 Pound Hall, Harvard Law School, Cambridge, Mass. 02138. His publications includeBeyond the Hotline: How Crisis Control Can Prevent Nuclear War (Boston: Houghton Mifflin, 1985) and, with Roger Fisher,Getting to YES: Negotiating Agreement Without Giving In (Houghton Mifflin, 1981).This column was composed as a think-piece for the Working Session on International Mediation held at the Carter Center of Emory University in Atlanta, Georgia, May 28–29, 1987, and cosponsored by the Program on Negotiation at Harvard Law School and the Carter Center. For their suggestions and ideas, I am indebted to Brian Urquhart, Harold Saunders, Larry Susskind, Roger Fisher, Cynthia Sampson, Bill Spencer and the members of the Core Group of the International Mediation Project (a faculty seminar sponsored by the Program on Negotiation).     

Decentralisation for international NGOs

The work of international non-profitmaking non-governmental development organisations (NGOs) challenges them to adopt a decentralised structure. We know little, however, about how this decentralisation is organised, and even less about its impacts on NGO performance. Based on studies in southern Africa, this article identifies the gains and losses associated with the choice to decentralise. It goes on to pose questions about decentralisation as a critical variable for the organisational design of NGOs which need to be answered by more systematic comparative study.     

Transforming international communications strategies

The strategy used by governments to communicate with foreign populations has changed dramatically in the twentieth century. The need perceived by governments to use such a strategy in the first place derived from numerous social changes in the 150 years before World War I, most particularly the increased role played in politics by the masses organized in nation‐states. The shifting strategy of persuasive communication since then forms part of a broader transformation of international political communication which includes technological change, organizational developments, and absolute but not necessarily relative growth in international communications transactions.

The predominant strategy developed in World War I was propaganda. It used fairly straightforward appeals to rationality, sense of morality, and such important but readily accessible emotions as hatred. Its excesses, especially the wide dissemination of atrocity stories which did not bear up well under later dispassionate examination, at once made all propaganda suspect and alerted governments to the necessity of refining their communicative techniques for the eventuality of future international conflicts.

The years before and during World War II saw international communicators—especially Goebbels in Nazi Germany and the Anglo‐American psychological warriors—develop a new strategy which utilized new knowledge about the psychological roots of human behavior. In addition to straightforward appeals to the consciousness of individuals, they sought to manipulate their audiences by playing on their deep‐seated desires and fears. Of particular importance for Nazi Germany were the allegedly racial ties of the individual to a people and the need for figures of authority.

First major experiments were made in World War II to develop an even more basic strategy of international communication: structuring the situation in which people learn their predispositions, perspectives, and behaviors. Its basic idea is to create situations in which the communicator does not have to tell the targeted audience anything at all, but in which the audience, left to its own devices, can only come to the conclusions desired by the communicator. Thus strategic bombing sought to destroy the morale of the enemy's home front and, through that action, to weaken its war‐making capacity. The postwar occupation of Germany originally sought to create a new environment in which Germans could be reeducated to democracy. Subsequent emphasis has also been on communications aimed at generating certain predispositions, such as a desire for consumer goods or a particular political style, which then spawn appropriate perspectives and behaviors.

This new strategy of structural communication has its limits. The most important of these is the difficulty of controlling all aspects of a foreign population's communications environment (which includes traditions, face‐to‐face networks, and conflicting sources of information). The potential importance of the strategy nonetheless makes it likely that governments will continue to work toward its development and implementation for their own international political purposes.     

The international macroeconomic picture

Evoluzione dei settori industriali nel 1988 / Confin‐dustria. Centra Studi. ‐ Roma: SIPI, 1989. ‐ 357p. ‐ (Industria italiana). ‐ ISBN 88–7153–051–9.

Guida al 1992 ‐ Roma: Unistampa, 1989. ‐ 4v.

L'idea d'Europa nelpensiero di Altiero Spinelli / Andrea Chiti‐Batelli. ‐ Manduria: Lacaita, copyright 1989. 379p. ‐ (L'ltalia e l'Europa; 15).

Impariamo l'Europa: guida al 1992 / Fabio Cavaz‐za Rossi. ‐ Milano: Fendac Servizio, 1989. ‐ 174p. ‐ (Tempo reale)

1992: Europa senza frontiere? / Pier Virgilio Dasto‐li. ‐ Bologna: il Mulino, copyright 1989. ‐ 179p. ‐(Coritemporanea; 31). ‐ ISBN 88–15–02305–4

Obiettivo Mediterraneo / Piero Baroni. ‐ 2.ed. ‐Trento: L. Reverdito, 1989. ‐ 221p. ISBN 88–342–4047–2.

Perestrojka e ristrutturazione produttiva: esperienze e prospettive economiche in Unione Sovietica e in Italia / edited by Abel G. Aganbegjan ... [et al.]. ‐ Bologna: il Mulino, copyright 1989. ‐ 344p. (Temi e discussioni). ‐ ISBN 88–15–02321–6

La prospettiva euro‐mediterranea: per una cooper‐azione globale nella ‘regione’ del Mediterraneo / Giovanni Bersani. ‐ Bologna: CEFA, [19989]. ‐102p.

I rapporto CSC: progresso tecnico, investimenti e politiche industriali / Confindustria. Centro Studi. ‐ Roma, SIPI, 989. ‐ 95p. (L'industria italiana). ‐ISBN 88–7153–065–9     

The study of international relations in Japan: towards a more international discipline

We deploy Waever’s sociology of science approach in a criticalcomparison of the American and Japanese international relations academies.We argue that there are four great debates in the American academy, andfour traditions of scholarship in the Japanese academy. We describethese debates and traditions in some detail, and identify andexplain points of contact and difference between the two respectiveacademies. We conclude by making a general case for methodologicalpluralism and offer reasons why the Japanese international relationsacademy is keen to sponsor a journal which is, in the wordsof Waever, able to ‘draw on national traditions while keepingup with American developments’.     

Security sector reform: bringing the private in

As the links between security and development have been increasingly recognized, Security Sector Reform (SSR) has become a central part of development policy. Following a traditional Weberian conception of the state, these programmes are almost exclusively focused on the public security sector, neglecting the extent to which people in developing countries have come to rely on private security providers for their day-to-day security needs. While the reform of public security institutions is undoubtedly important, this article argues that a strict public/private distinction is a poor guide to security sector reform. Focusing on Sierra Leone and Kenya, the article argues that ‘bringing the private in’ is crucial to a comprehensive understanding of the security situation in most countries and that any attempt to ensure better security for all must take account of private actors. Private security companies and their integration into SSR matter not simply in terms of the maintenance of law and order, but also in terms of who has access to security, and ultimately, for the legitimacy of social and political orders.     

Principal-agent problems in international organizations

The paper provides a framework for analysing control problems in international organisations and reviews the disparate evidence from a public-choice perspective. Most examples concern the European Union, the International Monetary Fund, the World Bank and the International Labour Organisation. International organisations suffer from principal-agent problems more than other public or private organisations do because the chain of delegation is more extended. As survey evidence demonstrates, the actors in international organisations do not share the preferences of the citizens because they have vested interests, and the citizens believe that they have least influence at the international level. The paper argues that national and international parliaments, the national governments and international supervisory boards or courts cannot solve the principal-agent problem due to severe information cost and weak or distorted incentives. JEL codes H79 · H11