Current International Framework Research Articles

Evaluating the benefits of dark and quiet skies in an age of satellite mega-constellations

In an age of proliferating satellite constellations and congested Earth orbits, what is the status and value of dark and quiet skies? Satellite mega-constellations such as Starlink are illuminating the night sky with unnatural light and making astronomical observations—both professional and recreational—increasingly difficult. Radio frequency interference (RFI) from these constellations also adds obtrusive “noise,” impacting sensitive astronomical observations in the radio portion of the electromagnetic spectrum. Scientists predict that the growing commercial space sector will add more than 100,000 satellites to Earth's orbit by the end of the decade, raising concerns from numerous scientists as to the future of dark skies. Astronomy, in particular, is inevitably affected by the impending disappearance of dark and quiet skies, which are necessary conditions for many aspects of scientific research. This topic has also gained attention, at both the international level and national level, within the United States. Nonetheless, contributions to the conversation of mitigating light/noise pollution predominantly focus on the likely adverse effects of artificial sky brightening from satellites. A holistic discussion is also warranted on the benefits of existing night skies and their significance for society.This paper addresses the positive value of dark skies and the significance of protecting astronomy through current governing and analogous frameworks. First, this paper evaluates dark skies’ application under existing international and national law and policy, highlighting lacunae in governance and outlining convoluted issues for Earth-based science (astronomy) versus the lawful use of space (satellites). U.S. space law is used as a case study given the extensive history of the United States in space, comprehensive U.S. space political infrastructures, and the burgeoning domestic satellite mega-constellation industry. Second, relevant ethical values are identified to clarify inherent moral considerations that can guide policymaking and serve to establish practical measures and approaches to balance the conflicting interests of astronomers and satellite operators. Significantly, this paper contributes to the topic by explaining how the advent of technological change creates new conflicts on Earth and expounds on how and why these issues are lacking or are inadequate under current international frameworks. Moreover, this work explores key ethical values on this topic for informing public policy on dark and quiet skies and highlights some mechanisms for resolving these conflicts. In conclusion, the recession of dark skies is already occurring, and the likely impacts require transparency, good will, and interdisciplinary compromise between scientists, policymakers, and the space industry.

Unforgettable Catastrophic Memories of COVID-19: A Hollow Search for an International Mechanism to Hold China Accountable

The unprecedented cost of COVID-19 (COVID) globally raised significant controversies over China’s handling of the pandemic and whether it should bear international legal responsibility for compensating countries harmed by the outbreak. Many commentators developed persuasive arguments for holding China accountable under international law through the International Court of Justice. The scale and dreadful consequences of COVID also prompted arguments for the application of various international agreements including ICESCR and the Rome Statute of the International Criminal Court to establish China’s international liability for the pandemic. This article aims to investigate whether the current international framework provides any meaningful mechanisms to hold China accountable for COVID by placing a special focus on agreements relevant to public health emergencies of international concerns. It concludes that while China’s reckless conduct and passivity effectively constitute a breach of international obligations, it is very unlikely that a successful claim can be pursued under the international framework.

Ecological Imperialism: A Georgist Alternative

Ecological imperialism has created property law and economic systems that function to dispossess Indigenous peoples from their traditional lands, territories, and resources. An application of Henry George’s perspectives on economic efficiency and individual liberties suggests that exchanges affecting Indigenous traditional areas are potentially inefficient and unjust if they fail to incorporate Indigenous perspectives of traditional wealth and connections to traditional space. In such circumstances, any loss of traditional lands and resources could be economically inefficient for the Indigenous community concerned, as the land or resource given up may be more valuable than any land or monetary compensation offered. Equally, this loss would deny the liberty of members of the community to associate and determine the use of their lands and resources in accordance with their own priorities. To an extent, this view is harmonious with the current international framework on Indigenous peoples’ rights. Accordingly, participatory legal protections that integrate two perspectives are suggested to prevent unjust exchanges of traditional Indigenous areas and to avoid the contemporary effects of ecological imperialism. Those two perspectives are: i) Georgist conceptions of economic efficiency and individual liberties; and ii) international Indigenous rights standards of free, prior, and informed consent and consultation. Despite the challenges in attaining the universal acceptance and implementation of the alternative represented by these perspectives, its further investigation is nonetheless potentially beneficial.

Brokers and Translators

Abstract Through ethnographic observations from international humanitarian work and interviews with humanitarian professionals, Joe Cropp’s The Humanitarian Fix: Navigating Civilian Protection in Contemporary Wars engagingly describes the daily practice of humanitarian negotiation and persuasion. The book illustrates how the international humanitarian has morphed from the more classical neutral intermediary to emerge as a broker and translator with a toolbox of more official and less official reframings of international law and policy to grapple with local problems and persuade different actors. In this review essay, I highlight the hidden insight for international lawyers in Cropp’s book regarding questions of universality and pluralism in international humanitarian law and the double-bind practitioners face: while these practices of translation look like an openness to pluralism in humanitarian law, within the current international framework, any translation by necessity re-emphasises how these reframings are not the law, and ultimately work as techniques to reinforce the authority and claimed universality of the central system.

EDITORIAL- 6th International Multidisciplinary Scientific Conference on the Dialogue between Sciences & Arts, Religion & Education

In the context of the current international framework, Ideas Forum International Academic and Scientific Association - IFIASA Journals and Conferences joins the effort in bringing together researchers and scientists from all over the globe, facilitating the professional development and encouraging dialogue, creativity and exchange of ideas. Together we went through a very unusual and, in many aspects, dificult 2021. Even though we met mostly online - during our new virtual sessions, we can see, that our bond became stronger. The Covid-19 pandemic forced that our Conference become virtual and on-line.

Any Port in a Pandemic: International Law and Restrictions on Maritime Traffic during the COVID-19 Pandemic

AbstractThe current international framework that purports to regulate the spread of communicable disease in the context of maritime traffic is a fragmented, internally inconsistent, and inadequately enforced patchwork of treaties (including the International Health Regulations (2005)) and customary international law. The COVID-19 pandemic has tested the current framework and revealed it to be inadequate to deal with a major global health emergency. States have imposed or failed to impose varying control measures, the effects of which have been witnessed on board passenger vessels around the world. The cruise industry, in particular, has a significant global economic impact; therefore, appropriate, enforceable international regulation is necessary to ensure the adequate control of future communicable disease outbreaks.

EDITORIAL- 5th International Multidisciplinary Scientific Conference on the Dialogue between Sciences & Arts, Religion & Education

In the context of the current international framework, Ideas Forum International Academic and Scientific Association - IFIASA Journals and Conferences joins the effort in bringing together researchers and scientists from all over the globe, facilitating the professional development and encouraging dialogue, creativity and exchange of ideas. Together we went through a very unusual and, in many aspects, dificult 2020. Even though we met mostly online - during our new virtual sessions, we can see, that our bond became stronger. The Covid-19 pandemic forced that our Conference become virtual and on-line. Covid 19 has provided an opportunity to rethink our scientific Conference.

Petite enfance et reconnaissance. Analyses à partir de l’œuvre d’Axel Honneth

Le concept de reconnaissance est central dans l’œuvre du philosophe et sociologue allemand Axel Honneth. Ce n’est pas la reconnaissance au sens de la perception des choses ou des êtres, mais la reconnaissance morale et intersubjective des personnes, ce qui est, selon Honneth, au cœur de la constitution du lien social. Le premier niveau de cette reconnaissance concerne les relations affectives et, tout d’abord, les relations entre le jeune enfant, sa mère et son environnement proche. Dans ce texte, je propose de prolonger et de compléter les analyses de Honneth sur les processus de reconnaissance de la petite enfance en distinguant plusieurs aspects: la reconnaissance de l’âge spécifique de la petite enfance au cours de l’histoire; la reconnaissance moderne du jeune enfant et même du bébé comme une « personne » et leur place dans les institutions telles que crèches, jardins d’enfants, écoles maternelles (en prenant l’exemple de la France après la seconde guerre mondiale) ; les processus de reconnaissance mutuelle des jeunes enfants (par exemple à travers les activités de coopération dans les jeux); la reconnaissance interactive des jeunes enfants avec déficiences et difficultés diverses dans la problématique internationale actuelle de l’éducation inclusive.

Advancing the international regulation of plastic pollution beyond the United Nations Environment Assembly resolution on marine litter and microplastics

Plastic pollution has received growing recognition as an issue of global concern, including the question of how to regulate it at the international level. Despite the existence of many instruments relevant to marine plastic litter, there is no international agreement that focuses primarily on combating plastic pollution. While the annual global rate of plastic production is growing, no international instrument is addressing plastic across its full life cycle, from production to consumption to disposal. This article describes the role of the United Nations Environment Assembly (UNEA) and the evolution of its resolutions on marine plastic pollution. UNEA's latest resolution on marine litter and microplastics is paving the way for the global community to improve the current international framework and address the ‘plastic crisis’. This opens questions on the approach and scope of a new framework. The article suggests that framing the problem as one of ‘marine litter’ limits the scope of possible solutions to waste management. Reframing the subject from a marine litter problem to a broader plastic pollution issue presents an opportunity to develop a comprehensive approach and, therefore, a more effective global framework that encompasses not only plastic litter, but also the reduction of plastic production and consumption.

Corruption and corporate social responsibility codes of conduct: The case of Petrobras and the oil and gas sector in Brazil

Corruption and combating corruption is one of the most important challenges for both developing and developed countries. Corruption is a serious threat to principles and values of any government. It undermines the enforcement of the rule of law and compromises democracy. In the early 1990s, corporate social responsibility (CSR) codes of conduct emerged as an effective mechanism for integrating responsible economic practices against corruption. However, the question that arises is whether this self-regulatory instrument has any impact on the practice and policy of companies with respect to corruption. This study addresses this question through an analysis of the provisions related to corruption issues embodied in international conventions and guidelines, the norms or standards of oil and gas associations, NGOs, international and multilateral organizations. In particular, this paper examines how Petrobras, the giant Brazilian oil and gas company, responds to corruption in its CSR code of conduct. Using a comparative analysis of Petrobras’ policy and practice as expressed in its CSR statements and the related provisions embodied in the international framework, this study examines the extent to which provisions included in Petrobras’ CSR code of conduct are consistent with the belief of the current international framework system. Finally, this paper investigates the responses to questionnaires related to CSR codes of conduct of oil and gas companies operating in Brazil.

A review of global instruments to combat invasive alien species in forestry

Although impacts of biological invasions may be local, at least at first, the causes of introduction are mostly international. Through trade and transport pathways, countries both send and receive non-native species. There are numerous international and regional instruments, binding and nonbinding, which have been developed to deal with the problem of the movement of alien invasive species, however there are gaps in the current international framework. Global goals in the management of forestry-related threats from invasive alien species should include making best use of existing regulatory frameworks, investing more into global research initiatives, and targeting existing tools and resources more effectively. Given the lack of resources for many developing countries to undertake research, conduct risk assessments and implement quarantine measures, there is a need for regional and global support for countries that lack sufficient resources to implement effective phytosanitary systems.

Declining Arctic Ocean oil and gas developments: Opportunities to improve governance and environmental pollution control

There has been global interest in the exploitation of rich hydrocarbon resources in the Arctic for decades. However, recent low oil prices, a low carbon economy climate agenda, and technical challenges of Arctic oil extraction have curbed interest in these Arctic resources. Despite a recent reluctance to explore and develop an offshore Arctic drilling industry, a resurgence in oil and gas prices could spark renewed interests that could pose unacceptable risks of pollution from oil spills. These risks are further compounded by complex governance and sovereignty issues between circumpolar nations. This paper (i) compares cycles of Arctic hydrocarbon exploration and exploitation activity with global energy prices; (ii) outlines current pollution abatement techniques under pan-Arctic national regulations to identify potential gaps; (iii) describes current international frameworks for Arctic governance to highlight how problems could arise if offshore oil drilling returns to the Arctic and associated spills migrate to international waters; and (iv) provides policy recommendations to aid both national and international policy-makers regarding pollution abatement methods for future Arctic drilling.

Language rights and the Council of Europe: A failed response to a multilingual continent?

Debates on language rights as integral elements of human rights have gathered momentum since the early 1990s. International organisations such as the Council of Europe (CoE) and the United Nations (UN) have advocated linguistic rights through various charters and conventions, albeit with wavering levels of success. This article focuses specifically on the European context and the manner in which the CoE has dealt with language rights in the continent. The European Convention on Human Rights (ECHR), the European Charter for Regional and Minority languages (ECRML) and the Framework Convention for the Protection of National Minorities (FCPNM) are discussed in light of the region’s contemporary linguistic makeup. Current inequalities in the application of language recognition provide an area of special concern. For example, while speakers of ‘indigenous’ (or autochthonous) minority languages have apparently enjoyed an improving status in recent decades, the position of immigrant (or allochthonous) languages is less clear and current approaches largely ignore linguistic diversity which has been brought by recent mass migration patterns, leading to a somewhat exclusionary system. Through the discussion possible pathways for better inclusion of immigrant languages within current international frameworks, especially those of the CoE, are explored.

China's Military Mercantilism

ABSTRACT: The People's Republic is a great power in search of a grand strategy. China's maritime adventurism reflects the fragmentation of foreign policy, and the coupling of commercial interests with military force. Without effective statecraft, PLA planning could all too easily become national policy. Creative US initiatives would help to salve historical grievances and reconcile China's disruptive ambitions with the world order. ********** The future of global security will be largely determined by China's response to the established international order. In recent years E nationalist rhetoric, revisionist maritime borders and regular confrontation has undermined the party line of a rise, and threatens to inveigle US forces. Why does China menace its neighbors at sea, and what should the United States do about it? Most arguments concerning the role of China in the international system can be reduced to two broad theoretical perspectives. The first view is liberal institutionalist: China might indulge in populist nationalism, but is not historically expansionist. It remains committed to a peaceful rise within the current international framework. The second view is generally realist: China is bent on the aggressive accumulation of wealth, power and natural resources in a quest for regional hegemony--a return to the Middle Kingdom. This article will advance a third argument: China has identified a path to national greatness without yet comprehending what the destination might look like. In the absence of a comprehensive national strategy or theoretical philosophy, military and mercantilist imperatives are unduly influencing Chinese statecraft at sea. This trend points to the disproportionate weight of state-owned enterprises and the Peoples Liberation Army (PLA) in the execution of foreign policy. Chinese ambitions are often served by increasing chaos and the erosion of international norms. But this course is unnecessarily dangerous, threatening to isolate potential allies, alienate Taiwan, and even trigger armed conflict with Japan. This course would enmesh the United States and cripple the global economy, potentially unleashing chaos within China. The Chinese will determine their own destiny, but Washington should encourage Beijing to consolidate, not diminish the existing international system. This article will outline ways in which the United States could work with Australia and Japan towards this end by promoting international law, managing local conflict and reducing regional tensions. The Liberal Institutionalist Argument Liberal institutionalists are confident the existing order can accommodate rising powers without recourse to violence. According to John Ikenberry the contemporary system is open, integrated, and rule-based; with strong political foundations, meaning China is not compelled to overthrow the United States in order to realize national greatness. Moreover, nuclear weapons have made war among great powers unlikely. Today's world order is hard to overturn and easy to join. (1) China's interest in adhering to international norms is based on three main principles: 1. The open market--China has generated enormous wealth from free trade, 2. The multilateral character of global institutions, which diffuse hegemony and can adapt to reflect evolution in the international order, and 3. The resilience of established rules and norms, which encourage unprecedented co-operation and shared authority. Zheng Bijian generally endorses each of these points, noting other emerging nations have plundered their way to power by exploiting overseas resources through invasion, colonization, expansion, or even large-scale wars of aggression. He writes (in 2005) that China's emergence has been driven by capital, technology, and resources acquired through peaceful means, in accordance with the policies of Deng Xiaoping. …

The U.S. Proposal for an Intellectual Property Chapter in the Trans-Pacific Partnership Agreement

This article takes advantage of the breach in the Trans-Pacific Partnership negotiation’s secrecy to contribute to a new and growing collection of published scholarship on leaked proposals for international intellectual property agreements as they are being negotiated. We begin with the general provisions of the agreement, which define its relationship to the multilateral system. We then progress to analysis of some of the most important copyright, patent and data protection, and enforcement sections of the proposal, before providing some concluding observations. Our ultimate conclusion is that the U.S. proposal, if adopted, would upset the current international framework balancing the interests of rights holders and the public. It would heighten standards of protection for rights holders well beyond that which the best available evidence or inclusive democratic processes support. It contains insufficient balancing provisions for users, consumers, and the public interest.

How History Separated Refugee and Migrant Regimes: In Search of Their Institutional Origins

The current international framework for protecting migrants and refugees is often criticised as being fragmentary, with a multiplicity of categories of persons, and of organizations for addressing their problems. Many scholars have called for a new international regime and a more unified institutional arrangement, which would provide for the orderly movement of people. The basic weakness of the current regimes derives from the artificial distinction between ‘refugees’ and ‘migrants’ created after the Second World War. The article explores the institutional origins of the system and determines the major causes of the different treatment of refugees and migrants. The paper argues the following: First, the system, which might be in need of reconstruction in order to suit today's world of high mobility and diversified patterns of international movement, resulted from the battle between the United States and the international institutions (the ILO and UN). The conflict was over how to deal with the surplus populations in Europe. The US favoured an institution with specifically designed functions based on inter-governmental negotiations. The ILO-UN plan recommended international co-operation under the leadership of a single international organization. After the conferences in Naples and Brussels in 1951, the US plan was accepted and the Provisional Intergovernmental Committee for the Movement of Migrants from Europe (now renamed the International Organization for Migration) was created. Second, the distinction between migrants and refugees also emerged as a way of helping the restructuring and dissolution of the pre-war refugee protection organisations. Two parameters for the division — forced movement and violation of civil and political rights — appeared inadvertently rather than deliberately. From the perspective of the US government, the main goal was to limit international influence over national migration and refugee policies as much as possible.

MARITIME TO DRILL IN CASPIAN SEA

There has been global interest in the exploitation of rich hydrocarbon resources in the Arctic for decades. However, recent low oil prices, a low carbon economy climate agenda, and technical challenges of Arctic oil extraction have curbed interest in these Arctic resources. Despite a recent reluctance to explore and develop an offshore Arctic drilling industry, a resurgence in oil and gas prices could spark renewed interests that could pose unacceptable risks of pollution from oil spills. These risks are further compounded by complex governance and sovereignty issues between circumpolar nations. This paper (i) compares cycles of Arctic hydrocarbon exploration and exploitation activity with global energy prices; (ii) outlines current pollution abatement techniques under pan-Arctic national regulations to identify potential gaps; (iii) describes current international frameworks for Arctic governance to highlight how problems could arise if offshore oil drilling returns to the Arctic and associated spills migrate to international waters; and (iv) provides policy recommendations to aid both national and international policy-makers regarding pollution abatement methods for future Arctic drilling.

Resolving the Debt Crisis of Low-Income Countries

Resolving the Debt Crisis of Low-Income Countries Jeffrey D. Sachs The idea of bankruptcy FOR insolvent sovereign borrowers has been around a long time, at least since Adam Smith's favorable mention of it in the Wealth of Nations.1 Kenneth Rogoff and Jeromin Zettelmeyer have recently reviewed the history of the idea, as has Ann Pettifor.2 The current international framework for workouts of distressed sovereign borrowers is woefully inadequate, lacking both the efficiency and the equity protections that characterize well-designed bankruptcy systems. This paper focuses on one part of the problem, namely, the plight of the world's most highly indebted poor countries, and illustrates the serious problems that have arisen because of the weakness of international institutional arrangements. I conclude with several recommendations for reform. Motivations for Bankruptcy Laws Bankruptcy laws have two somewhat distinct motivations. The first is to overcome the collective action problems that arise when multiple creditors [End Page 257] confront an insolvent debtor.3 In the absence of a bankruptcy law, a creditor "grab race" can undermine the value of the assets of an insolvent debtor. The bankruptcy law forestalls the grab race through devices such as an automatic stay on debt collection that is triggered by the filing of a bankruptcy petition. In bankruptcy reorganizations under Chapter 11 of the U.S. bankruptcy code, further protections against a grab race are implemented, such as debtor-in-possession financing and provisions for confirmation of a restructuring plan in the absence of unanimity among creditors; the latter weaken the power of an individual creditor to hold out for special treatment. The second motivation of bankruptcy law is to offer a "fresh start" to an insolvent debtor. Whereas the motivation to avoid a grab race applies in principle to all kinds of insolvent debtors—businesses, individuals, and municipalities—the motivation for a fresh start applies only to individuals (Chapters 7, 12, and 13) and municipalities (Chapter 9) rather than to businesses.4 The key instrumentality of the fresh start is the discharge of debt, which frees the debtor from future collection efforts while leaving the debtor with some exempt assets and with a future income stream. An insolvent debtor may seek the discharge of debt even when there is only one creditor, and thus no possibility of a creditor grab race. The motivation for forestalling a creditor grab race is efficiency. The motivations for offering a fresh start, however, include both efficiency and equity. The creditors' claims are superseded by the higher interest of protecting the autonomy of the individual vis-à-vis the creditors,5 or analogously, of ensuring that a debt-strapped municipality maintains the sovereignty needed to provide public services to its residents. For example, under Chapter 9, a municipality's assets cannot be liquidated to pay creditors, because that would undermine sovereignty. Moreover, "neither creditors nor the court may control the affairs of a municipality indirectly through the mechanism of proposing a plan of adjustment of the municipality's debts that would in effect determine the municipality's future tax [End Page 258] and spending decisions."6 Indeed, the powers of the court and of creditors are deeply circumscribed. "The debtor's day-to-day activities are not subject to court approval and . . . the debtor may borrow money without court authority. . . . The court also cannot interfere with the operations of the debtor or with the debtor's use of its property and revenues."7 Most important, neither under individual bankruptcy (Chapter 7 or Chapter 13) nor under municipal bankruptcy (Chapter 9) do creditors obtain the maximum discounted value of income and property potentially collectable from the debtor. Individuals and municipalities are allowed to keep important property out of the creditors' reach, such as a homestead up to a certain value, as well as keep most or all future income.8 The idea of the fresh start can be framed variously in terms of ethics (preserving the autonomy of the individual or the sovereign), equity (preserving an acceptable standard of living for an insolvent debtor), or ex ante efficiency (bankruptcy mechanisms as a way to spread risks between a debtor and world financial markets when other risk-spreading mechanisms such as...

Accelerating ozone layer protection in developing countries

The authors argue that the benefits of ozone protection far outweigh the costs. Therefore, the primary objective of international and national action should be benefit maximization via accelerated phaseout of ozone depleting substances across countries and economic sectors. Developing countries abound with opportunities for early low unit abatement cost phaseout through well-designed policies and projects. However, the current international framework provided by the Montreal Protocol tends to focus instead on project-level incremental cost minimization, and does not provide incentives for early action. The authors propose modifications to remedy these shortcomings.

Commercialization of remote sensing The viewpoint of a developing country

Abstract Routine coverage of the whole world through a large number of countries affiliated to different commercial organizations, with data available to all those who can afford it, seems to be the future trend in the commercialization of remote sensing. How do these trends affect a developing country? Can developing countries realize true benefits from this remote sensing technology or would it only serve to increase their dependence on the more advanced industrialized countries? This question and related issues are addressed in this paper, which looks at the international commercial scene, reviews the market from a developing country's point of view and examines some of the problems and legal and political issues confronting developing countries. The author concludes that the technology of remote sensing and the current international framework under which remote sensing activities are carried out favour the developed countries; it is unlikely that developing countries will benefit substantially in this endeavour unless the governments of the more advanced, developed countries work together to try to alleviate some of the obstacles and problems.