Current International Rules Research Articles

How Do the Home Country Regulations Promote the Responsibility for Overseas Farmland Investment?

Restricted by economic and social development conditions and the level of domestic regulatory system construction, the traditional host country-centered regulatory approach makes it difficult to ensure “responsible investment” by overseas farmland investment companies. The jury is still out on whether international law can directly impose obligations and responsibilities on companies. Therefore, it is realistically necessary for the investor’s home country to regulate any behavior that infringes on the human rights and environment of residents of the host country during the company’s overseas farmland investment. We used a panel fixed effects model and the dummy variable method to construct regression indicators based on international treaties. This study finds that promulgating responsible investment treaties can significantly promote the scale and number of international farmland investments, which also further led to the problem of differentiation among overseas farmland investors. We further discussed the lack of binding force of current international rules and the difficulty in coordinating the interests of multiple parties. In the regulatory system of the home country, there are still problems, such as insufficient supply of adequate laws, and lack of administrative guidance. Measures such as deepening negotiations on international rules for responsible overseas farmland investment, further leveraging the role of land ownership in responsible overseas farmland investment, improving existing domestic legislation, and strengthening administrative guidance on overseas farmland investment can be used as countermeasures.

Mitigating effects of sea-level rise on maritime features through the international law-making process in the Law of the Sea

Sea-level rise is not only causing physical damage to maritime features but also posing challenges to the law of the sea. The United Nations Convention on the Law of the Sea lends legal significance to the relative position of the land and the sea. However, the ecological situation of maritime features and rising sea levels are changing these factors and placing the legal status of these features at risk of reclassification. This implies that islands with full rights may lose their exclusive economic zones, continental shelves, and even territorial seas due to sea-level rise. In addition to the physical enhancement of maritime features, legal solutions, as a more sustainable and affordable approach, are expected to contribute to mitigating adverse impacts of sea-level rise. However, most discussions are limited to the issue of baselines and maritime boundaries, while the legal status of maritime features has not received sufficient attention. In this paper, we examine in detail the limitations of existing laws, particularly the Convention, and present substantive and procedural options for the establishment of new rules to mitigate the effects of sea-level rise. The legal impacts of sea-level rise on maritime features can be categorized into three different aspects: dynamics of the relative position of land and sea, ecological degradation, and human interventions. It was found that the current international rules are insufficiently flexible in addressing the challenges posed by sea-level rise; thus, international law-making is therefore considered necessary. As far as the proposed rule is concerned, either legally “sustaining” the status of maritime features or allowing reclassification elicits complex issues, particularly considering the close connection between land and maritime zones under the law of the sea. Moreover, attempts to achieve new rules by applying any procedural option for international law-making in isolation may be impractical. In light of this, we explore a viable approach to the progressive development of relevant legal regimes, following the international community’s optimal consensus and shared interests.

Reduction of road traffic noise by source measures â–” present and future strategies

The current trend worldwide is less focused on reducing road traffic noise. This is in strong contrast to the severe impact of traffic noise to the general health and quality of life. A more holistic and combined strategy is needed. Current international rules and regulations regarding vehicles and tyres are not sufficient to reduce traffic noise levels in an effective way. Calculations show that these regulations will only yield a reduction of approximately 1.5 dB in Lden levels for urban traffic. Additional measures need to be implemented. By combining optimized tyres and road surfaces, a noise reduction of 4â–“6 dB can be achieved. Such tyres are currently being developed for electric and hybrid-electric vehicles. In addition to noise reduction, these tyres have less rolling resistance that can reduce vehicle energy consumption up to 15% on normal road surfaces. However, there are several obstacles still to be removed, such as the effectiveness of the EU tyre labeling system, and the implementation and durability of low-noise road surfaces. These challenges are discussed in the article.

A Reform-Minded Status Quo Power? China, the G20, and Changes in the International Monetary System

This paper analyzes the case of China in the G20 process and examines China's position and policies on relevant issues, including the international monetary system (IMS) reform, reform of the IFIs, international financial regulation, the future of the dollar, and internationalization of the Renminbi. My findings demonstrate that China has actively participated in the G20's deliberations and actions, put forward its suggestions, sought expanded share and voting power in the IFIs in correspondence with its rising status, and promoted the internationalization of the Renminbi. While having accepted and observed the current international rules of the game, China seeks changes for greater institutional power and for better global governance. I come to the conclusion that China is a status quo power which at the same time is hoping for constructive changes in the existing international order, and is thus a reform-minded status quo power.

The effect of double bridles and jaw-clamping crank nosebands on temperature of eyes and facial skin of horses

Any apparatus that restricts a horse's movement can compromise welfare. Eye temperature as measured remotely using infrared thermography is emerging as a correlate of salivary cortisol con- centrations in horses. This article explores the effect on the temperature of the eyes and facial skin of horses wearing devices that restrict jaw movements. In certain equestrian disciplines, unacceptable equine oral activity, such as gaping of the mouth, is penalized because it reflects poor training and lack of compliance. This explains the wide range of nosebands and flash straps designed to prevent the mouth opening. Some of these nosebands are banned from higher-level dressage competitions in which double bridles are mandatory, possibly because they are regarded as restrictive. Nevertheless, the current international rules overlook the possibility that noseband can appear innocuous even though some designs, such as the so-called crank noseband, can be ratcheted shut to clamp the jaws together. Some equestrian manuals and competition rule books propose that ''two-fingers'' be used as a spacer to guard against overtightening of nosebands but fail to specify where this gauge should be applied. The vagueness of this directive prompted us to undertake a small random survey of the finger dimensions of adult men (n 5 10) and women (n 5 10). There were significant sex differences in the measurements of fingers of adults (P , 0.001), thus illustrating that the ''two-finger rule'' is not a reliable guide for standardized noseband fastening. Infrared thermography was used to measure the temperature of facial skin and eyes of adult horses (n 5 5) wearing a double bridle with and without a cavesson noseband. A taper gauge was developed based on the mean circumference of adult index and middle fingers (9.89 6 0.21 cm), and this was used as a spacer at the nasal planum or beside the mandible when tight- ening the noseband. The nosebands were fastened significantly tighter when the taper gauge was used beside the mandible than at the nasal planum (P 5 0.02). Wearing double bridles and nosebands that had been tightened with and without the taper gauge caused an increase in eye temperature compared with baseline values (P 5 0.012), and the tighter the noseband was fastened, the cooler the facial skin of the horse (and, presumably, the greater the impairment of vascular perfusion) when compared with baseline values (P 5 0.016). This study suggests that horses wearing double bridles and tight nose- bands undergo a physiological stress response and may have compromised vascular perfusion.

A Critical Appraisal of WTO Negotiations to Establish a Multilateral Register for Geographical Indications

To what degree should geographical indications (GIs) be protected by international law? What is the best way to protect at international level the names of well-known products, such as Rioja wine, which have a great reputation around the world? Do current international rules provide sufficient safeguards, or should governments implement another system of more effective protection? These are the questions that need to be solved by WTO Members within the scope of the Built-In Agenda of the TRIPS Agreement. It is true that TRIPS provisions undoubtedly represent a considerable improvement in the international protection of GIs with respect to that which existed under WIPO. However, this Agreement did not create a complete international protection system. Quite the contrary, these provisions continue generating considerable legal uncertainty. For these reasons, negotiations between the new and the old world must continue in order to solve outstanding issues with respect to GIs. In particular, the twin negotiating issues of the multilateral register and the additional protection for products other than wines and spirits. However, WTO Members remain divided over the nature, reach, effects and scope of this registration system. In the present author’s view, the minimalist approach defended by some of WTO Members presents the great disadvantage of limiting itself to creating a simple database without consistent legal effects. This approach is not of a multilateral character and hardly will help to facilitate GIs protection. By contrast, the consensualist approach defended by the European Union as part of a coalition of 108 WTO Members, which includes a huge number of developing countries, could truly contribute to facilitate multilateral protection as Article 23.4 TRIPS Agreement prescribes. Interestingly enough, it is apparent from recent debates that developing countries are becoming aware of the importance of GIs as instruments that contribute to the development of their economies. Therefore, the pressure exerted by these countries could bring an end to the deadlock that had continued for so many years. Otherwise, resistance to this negotiation may communicate an unfortunate message to these countries about the reality of WTO international intellectual property rights regime.

Credit Allocation and the International Rules on Subsidies: Have the Anti-Crisis Measures in Brazil Gone Too Far?

The different economic stimulus packages architected around the world to control and overcome the recent financial crisis contained a series of credit policies which, due to the presence of (i) favorable conditions granted to lenders, such as low interest rates, and also of (ii) export performance and/or national content requirement clauses, may be inconsistent with the current international rules on subsidies. In Brazil, the incentive measures called for a vigorous expansion of state banks’ operations in the credit markets as a means to compensate for the shortage of private credit that affected the economy during the crisis. The Program for Sustainability of Investments of the Brazilian Bank for Economic and Social Development (PSI - BNDES) was created in June 2009 and is responsible until today for more than $70 billion dollars already borrowed or yet to be given to companies for areas such international trade, innovation, and acquisition or production of capital goods. This paper investigates the consistency of PSI with the current international rules on domestic subsidies. In order to do so, it (a) describes the main aspects and rules of PSI credit lines (international trade; innovation; and capital goods) and also the (b) central concepts of the Agreement on Subsidies and Countervailing Measures of the World Trade Organization in order to then be able to (c) analyze the consistency of PSI with this agreement. In the end, the paper will briefly present alternative measures for policy makers so that domestic legislation in the field of credit policy can be issued or be brought into conformity with international rules.

The World Implications of the “Chinese Road” in the Context of Globalization

中国建国60年来和改革开放30年来所取得的巨大成就，使世界热衷于讨论是否存在某种“中国模式”或“北京共识”。“模式”包含着两层含义，一是发展道路的独特性，二是发展道路的可输出性和可效仿性。从前一层含义上来看，中国的发展的确创造出了一个独特的中国模式。中国发展道路是在中国人追求民族独立和现代化的历史背景下，在最终选择了马克思主义的条件下而实现的，其本质就是选择走社会主义道路而拒绝资本的扩张和奴役。全球化伴随着全球资本力量的无限膨胀，世界政治、经济都沦于世界资本主义的奴役之下，中国的发展道路正是在这个背景下显示出其独特性。同时，中国也不会向外输出自己的发展模式，通过对和谐、平等和多样性的追求，中国道路的成功将改变现有国际规则和全球发展观念。中国道路在全球化时代中具有世界性的意义。 关键词: 全球化中国模式北京共识中国道路国际规则 China's immense achievements over the sixty years since the founding of New China, especially in the last thirty years since the institution of reform and opening up, have inspired heated debate on whether there exists a “Chinese model of development” or a “Beijing consensus.” The term “model” has two layers of meaning: one refers to the uniqueness of China's development road, the other to its exportability and imitability. In terms of the former, China has indeed created a unique developmental model. China's development path was arrived at when the Chinese people finally chose Marxism in the course of their pursuit of national independence and modernization. Its essential character is the choice to follow the socialist road and reject capitalist expansion and enslavement. Globalization follows the unbounded aggrandizement of capital, which brings world politics and economy under the domination of world capitalism. It is against such a background that the uniqueness of the Chinese road of development stands out. At the same time China has no intention of exporting its own model of development. Rather, China's pursuit of harmony, equality and diversity among nations will allow the success of the Chinese road to change current international rules and concepts of global development. In this era of globalization, the Chinese road is of world significance.

Distinguishing Terrorism from Wars of National Liberation in the Light of International Law: A View from Italian Courts

Italian courts have recently considered the distinction between acts of international terrorism and acts perpetrated by fighters belonging to a national liberation movement (so-called freedom fighters). In an effort to reach a general definition of international terrorism, and with a view to distinguishing between terrorism and other phenomena, Italian courts have employed a ‘systematic method’ in order to interpret the domestic criminal law notion of international terrorism against the backdrop of current international rules. This significant judgment of Italy's highest court may help to shape the gradual development of the definition of international terrorism in both domestic and international law.

Deposit Insurance and Bank Insolvency in a Changing World: Synergies & Challenges

As commerce and finance become more global, international economic stability depends both on the stability of national systems and the stability of the global interrelationships between different national systems. An effective international legal infrastructure requires both effective domestic laws and effective means for coordinating the effects of those laws. This is particularly crucial in dealing with the effects of the insolvency by an internationally-active financial institution or corporation. On the national level, effective insolvency rules, and the commercial infrastructure which they presuppose, are central to developing and maintaining the confidence of domestic, as well as foreign, businesses and investors. In some cases, national insolvency laws may not provide certainty to creditors or investors even in local insolvencies. In other cases, the laws may not be up to the task of coping with instability in the most important financial institutions. In systems with deposit insurance, an effective insolvency system is vital to control risk-taking and to ensure that financial assets remain productive. As a result, improving the effectiveness and efficiency of national insolvency systems is a crucial component of strengthening national and international financial systems. This paper reviews some of the developing standards for effective insolvency systems and offer examples from the U.S. system of specific laws reflecting these standards. In today's global economy, even effective national insolvency laws cannot fully address the failure of an internationally-active financial institution. Unfortunately, there are few internationally-recognized insolvency rules. The absence of international rules and norms would not be overly troublesome if national insolvency laws were not inconsistent between countries. Differences in the treatment of secured creditors, rights to set-off and net, finality of transactions, and philosophical approaches to debtor-creditor relationships all increase the difficulties of responding to instability in larger, more complex banks with international operations. These inconsistencies are most important when they create uncertainty among other market participants and impair the ability of regulators and insolvency authorities to limit disruptions in key linkages between international financial firms. In this context, national laws and the few international rules may not fulfill the insolvency goals of reducing uncertainty, promoting efficiency, or providing equitable treatment to creditors. The second part of this paper reviews some of the current international rules and norms, and offers suggestions for future work.

Joint Implementation in Climate Change Policy

The textbook economists' model of a tradable permit system cannot usually be applied perfectly at either the domestic or international scale because of the difficulty and/or expense of defining allocations to and monitoring emissions of some groups, as well as for political reasons. It may be impossible to bring these groups fully into a tradeable permit system but it is often possible to find compromise solutions to gain some benefits from trade. This paper explores this problem in the context of the Joint Implementation mechanism associated with the Kyoto Protocol. This paper starts by outlining the current international rules governing Joint Implementation. We provide a summary of key jargon for those who are unfamiliar with the complex Kyoto language. We then discuss two key international issues that are still unresolved: baseline development and monitoring. We then turn to domestic governance of Joint Implementation and how the private sector might engage in Joint Implementation. At this point we consider how Joint Implementation fits within the suite of Kyoto flexibility mechanisms, why sellers and buyers might choose to engage in each, and how the different mechanisms might interact in the market for tradeable units. We conclude with some thoughts about productive directions for future research.