Judicial Decisions Involving Questions of Public International Law

Netherlands International Law Review -     

Globalisation,Transnational Political Mobilisation,and Networks of Violence

This article examines how globalisation processes provide new incentives and opportunities for non-state political entrepreneurs to build transnational political movements. Drawing on the literatures on non-violent social movements and transnational networks, the article examines terrorism and political violence as components of the ‘repertoires of contention’ used by radical transnational groups seeking political change. Examples from both the pre- and post-9/11 periods are provided, and the implications for traditional models of state security are discussed. The article concludes by contending that the combination of increased levels of globalisation and the emergence of new networks of violence is creating a fundamental shift in the international security environment, in which the distinction between internal and external security threats is increasingly blurred. While state security strategies are reflecting these changes, less attention has been paid to the political implications of these changes. New security responses need to also be matched by new sets of political strategies at the global level.     

Federalism Dreaming? Re‐imagining the Governance of Australian Landscapes

We propose a re‐imagining of Australian federalism in response to the White Paper on Reform of the Australian Federation. We acknowledge the unique nature and existing strengths and challenges confronting the Australian federation. In so doing we argue the value of listening to the history of the land in connection with its people and bringing landscape lessons into federation calculations moving forward. The distinctiveness of our federalism dreaming is distinguished from traditional calls for regionalism or regionalization.     

Book Reviews

Books reviewed:
Laurence Boisson de Chazournes and Philippe Sands (eds), Reflections on International Law, the International Court of Justice and Nuclear Weapons
Christopher C. Joyner, Governing the Frozen Commons – The Antarctic Regime and Environmental Protection
Ian H. Rowlands (ed), Climate Change Cooperation in Southern Africa
Theodore Panayotou, Instruments for Change, Motivating and Financing Sustainable Development
Jonathan Krueger, International Trade and the Basel Convention     

When private governance impedes multilateralism: The case of international pesticide governance

Private standards play an increasingly important governance role, yet their effects on state-led policymaking remain understudied. We examine how the operation of private agricultural standards influences multilateral pesticide governance with a particular focus on the listing of substances under the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, a treaty-based information-sharing mechanism that allows countries to refuse hazardous chemical imports. We find that private agricultural standard-setting bodies use the Rotterdam Convention's pesticide list to develop their own lists of banned substances. This alters the Rotterdam Convention's intended role, impeding efforts to add substances to the treaty, as attempts by private actors to impose stricter governance than state actors can undermine the potential for international state-based governance to become more stringent. We characterize this as a “confounding interaction” whereby institutional linkages between actions by public and private actors with broadly aligned goals results in unexpected negative consequences for governance.