Dispelling the Chimera of 'Self-Contained Regimes' International Law and the WTO

International lawyers have in recent years expressed much uneaseabout the perceived fragmentation of their legal system. Intruth, however, international law has always been fragmentedwithout losing its ability to operate. A threat, rather, arisesfrom the ongoing proliferation of special regimes endowed withstrong institutional frameworks and an ability to set new internationalnorms. This expansion begs an uncomfortable question: What ifsuch – seemingly independent – entities were toclaim autonomy and challenge the validity of general internationallaw? A salient feature of this debate is the preoccupation with‘self-contained regimes’ and their status underinternational law. In a recent report to the International LawCommission, for instance, Martti Koskenniemi concluded thatno such regime can be created outside the scope of general internationallaw. Drawing on a particularly controversial example, this articletherefore reviews the law and practice of the World Trade Organizationto determine how that body has positioned itself in the debate.While its judiciary has recognized that the rules on world tradedo not exist in isolation of general international law, a closerlook at actual case law unveils a far more ambivalent picture.The chimera of self-contained regimes, in other words, is noteasily dispelled.     

Why a Jury Trial is More Like a Movie Than a Novel

This essay is concerned to note the way in which successful trial advocacy seems to stem from the ability to convert legal discourse into a story form. These stories need to be ones with which a jury is familiar. These increasingly come from visual media, particularly film. It looks in detail at one trial where this process of relating a defence to the jury employed the structure of a Mafia film. The essay concludes by examining the reasons why the nature of the novel differs significantly from that of the film and how in the novel-to-film adaptation process a certain simplification is bound to occur.     

Garden of Grand Vision: Economic life in a flophouse complex Harbin, China 1940

During the Second World War Harbin was a major city in the puppet-state ofManzhouguo, the industrial heart of the Japanese war effort in East Asia.The Garden of Grand Vision was a flophouse complex located in the Chineseslums of Harbin. The 2,000 drug addicts, gamblers and prostitutes who madethe Garden their home were mostly migrants from North China who had fallenon hard times. In 1940 the Japanese police conducted a detailed survey oflife in the Garden, portraying it as a swamp of disorder and immorality.In contrast, this paper describes the residents of the Garden as theyvaliantly participated in a vigorous underground economy and arranged theirlives for survival.     

Academic Inventiveness and Entrepreneurship: On the Importance of Start-up Companies in Commercializing Academic Patents

This article presents research that places the academic start-up phenomenon in the broader technology transfer context. Drawing on data on Finnish academic inventions, the paper illustrates that a considerable share of university-related patents are utilized in start up companies but that still most academic patents are utilized in established and predominantly large firms. Differences in utilization patterns are explored for different fields of science and technology.     

Institutionalizing ASEAN: celebrating Europe through network governance

This article provides a new piece for two of the puzzles of institutionalized cooperation in Association of Southeast Asian Nations (ASEAN). First, with regard to the organization's four decades of existence, there has always been a marked gap between ASEAN's rhetorical goals of cooperation and its actual achievements. What explains these systematic failures of implementation? Second, from the outset, ASEAN was criticized for its light institutionalization, which failed to deliver the substantial cooperation goals. Despite selected institutional reforms, ASEAN's autonomy has not increased remarkably and it has not made any major institutional innovations. Why does ASEAN design institutions it does not use? Why does this transformation gap occur? The author suggests a sociological institutional explanation and argues that major impulses for cooperation have come from outside Southeast Asia, most importantly from Europe. By mimicking the European integration process, ASEAN member states have effectively created an isomorphic organization. The Association's institutional development reflects a concern for international legitimacy and less an objective functional demand arising from the specific interactions of member states. This copying process has led to network governance within the organization.     

An analysis of the relationship between the additionality of CDM projects and their contribution to sustainable development

The Clean Development Mechanism (CDM) allows industrialised countries to use credits from greenhouse gas abatement projects in developing countries in order to fulfil their own emission reduction commitments. There has been mounting evidence that the CDM’s ability to fulfil its goals as stipulated by the Kyoto Protocol—contributing to the sustainable development of the host countries and delivering real, measurable and additional emission reductions—is less than satisfactory. In this article, an evaluation is made of CDM projects’ likelihood of being additional by assessing the impact Certified Emission Reductions have on the Internal Rate of Return of the individual projects. In addition, the projects’ sustainable development benefits are assessed by using a multi-criteria analysis. In a final step, the relationship between the projects’ additionality and sustainability contribution is assessed and a trade-off between these two CDM goals is established, revealing a potential inherent conflict in how the current mechanism works. The analysis is based on a systematic evaluation of 40 registered CDM projects in India.