Transnational Agreements Research Articles

Obstacles to Nigeria's Ratification and Implementation of International Treaties

The rapid development and advancement of any nation as a result of transnational agreements cannot be over emphasized. No nation can effectively succeed independently without requiring the assistance of other nations and it is on this ground international agreements are made. Treaties constitute the major means of entering into agreement at International law. They are considered the closest analogy to legislation that International law has to offer [D. Harris, ‘Cases and Materials on International Law’, (6th edn, Sweet & Maxwell, London, 1998)]. In recent years, Nigeria, as a nation has actively partaken inquite a lot of treaties while plethora of them are yet to be domesticated. In spite of the enormous legal and constitutional powers in the making of treaties, frequent feud between the Executive and the National Assembly, external political influence, excessive politicization of treaty bills, ideological differences among legislators, financial considerations, religious differences, cultural biases and lack of political will among legislators have impacted negatively on the fortune of treaties’ ratification and domestication in Nigeria. Hence some of the problems that this work seeks to address.

Public Interest Litigation in Climate Justice: Chinese Mode of EPIL in Transnational Climate Disputes

Climate change presents one of the most pressing challenges of our time, impacting ecosystems, communities, and fundamental human rights. This abstract introduces an in-depth exploration of the nexus between climate justice, human rights principles, and the instrumental role of Environmental Public Interest Litigation (EPIL) in ensuring accountability and equity. With a particular emphasis on the Chinese context, the article explores the theoretical underpinnings, practical applications, and future prospects of attaining climate justice using EPIL. The analysis of how the Chinese model of EPIL may be modified for international climate disputes, as well as the possibilities and obstacles involved in doing so, forms the basis of this conversation. The theoretical framework emphasizes the importance of human rights in tackling climate-related challenges by incorporating concepts like the right to life, and the right to a healthy environment. This study discusses the causal and logical relationships between basic theories, such as the Precautionary Principle, Common But Differentiated Responsibilities (CBDR), public trust, and the actual application of EPIL in international dispute settlement. There is a discussion of the practical applications of EPIL in climate cases, which include disclosing environmental information, fighting fossil fuel projects, advocating for climate adaptation, protecting vulnerable communities, challenging government inaction, and promoting renewable energy. Every application provides a practical example of how EPIL may be an effective instrument for attaining environmental justice. The prospects of EPIL in the Chinese setting are examined, taking into account the distinct legal environment and possible directions for future growth. In order to address the global character of climate concerns, international cooperation and legal processes are essential. The article ends by analyzing the opportunities and difficulties of adopting and enforcing the Chinese model of EPIL in transnational climate disputes. This thorough examination aims to further the conversation about human rights, climate justice, and the function of laws like EPIL in guaranteeing a sustainable and just future. EPIL foster global collaboration, apply environmental responsibility, raise public mindfulness, incentivize climate-friendly practices, uphold CBDR principles, and position nations as leaders in transnational climate action. By espousing, legalizing, and administering the Chinese mode of EPIL in international climate controversies, can be embarked on a path towards a world where responsibility is the foundation of climate action, where environmental rights are upheld as abecedarian mortal rights, and where justice transcends borders. legalizing and administering the Chinese mode of EPIL in international climate controversies requires the development of transnational agreements, the establishment of international climate courts, standardized procedures, data participating mechanisms, obligatory compliance, civil society participation, commercial responsibility norms, agreement options, monitoring, and global cooperation. This comprehensive approach can pave the way for the application of EPIL as an important tool for addressing climate justice on a global scale.

Report of the Erasmus+ KA171 Agreement’s First-Period

From the end of the 18th and the beginning of the 19th century, the classical monarchy systems of the old era gradually ended, and national states were established. The administrative order of the states of today’s world is mostly in the form of nation-states governed by representative democracy. However, especially since the second half of the 20th century, international partnerships and collaborative studies in different channels such as science, art, education, culture and trade have begun to be carried out with transnational agreements that have become increasingly important. Especially with education programs at different grades, individuals from a younger age can get to know various cultures by living in different societies. In this way, the opportunity to receive education at universities in other countries creates an important awareness for the individuals, the hosting institutions, and future generations. The increase in such cultural exchanges will contribute to the formation of more tolerant people and societies that understand each other more. In this context, one of the issues worth investigating is what characteristics were inherited by later generations from old monarchies as societies transformed. This question has been the source of motivation for our KA171 project proposal. Certainly, the most important legacy we inherit from our ancestors is the language we speak. We learn the language of the society we were born in from our parents and then pass it on to new generations. Although it is almost impossible to draw the boundaries of this heritage; it is possible to identify some areas that it has particularly affected.

Termination for breach: the prospects of the Unidroit Principles of International Commercial Contracts to interpret and supplement the Indian law of contract

Abstract Predicated on English law, termination for the breach of contract in India is regulated by the Indian Contract Act, 1872 and the Sale of Goods Act, 1930. However, these legislations do not adopt uniform criteria while stipulating the circumstances in which the parties may exercise their right to rescind the contract for breach. The complex nature of the rules on termination for breach has rendered the Indian law of contract unsuitable to govern domestic or transnational agreements. This article examines the plausible role of the International Institute for the Unification of Private Law’s (Unidroit) Principles of International Commercial Contracts (PICC) in developing the Indian law of contract. It argues in favour of a complete overhaul of the legal principles on which the parties’ right to rescind a contract for breach is based on the ground that these reflect a pro-termination instead of a favor contractus approach. Consequently, the author urges Indian lawmakers to consider employing the provisions of the PICC on the subject as a model to develop the law of the Republic to foster international trade and facilitate justice among litigants. Although an amendment to the Indian law of contract would be ideal, the judiciary should, in the meantime, refer to the PICC while adjudicating disputes arising from the breach of contracts to interpret and supplement the Indian law according to well-defined and internationally accepted standards.

Scaling Up Change: A Critical Review and Practical Guide to Harnessing Social Norms for Climate Action

Anthropogenic carbon emissions have the potential to trigger changes in climate and ecosystems that would be catastrophic for the well-being of humans and other species. Widespread shifts in production and consumption patterns are urgently needed to address climate change. Although transnational agreements and national policy are necessary for a transition to a fully decarbonized global economy, fluctuating political priorities and lobbying by vested interests have slowed these efforts. Against this backdrop, bottom-up pressure from social movements and shifting social norms may offer a complementary path to a more sustainable economy. Furthermore, norm change may be an important component of decarbonization policies by accelerating or strengthening the impacts of other demand-side measures. Individual actions and policy support are social processes—they are intimately linked to expectations about the actions and beliefs of others. Although prevailing social norms often reinforce the status quo and unsustainable development pathways, social dynamics can also create widespread and rapid shifts in cultural values and practices, including increasing pressure on politicians to enact ambitious policy. We synthesize literature on social-norm influence, measurement, and change from the perspectives of psychology, anthropology, sociology, and economics. We discuss the opportunities and challenges for the use of social-norm and social-tipping interventions to promote climate action. Social-norm interventions aimed at addressing climate change or other social dilemmas are promising but no panacea. They require in-depth contextual knowledge, ethical consideration, and situation-specific tailoring and testing to understand whether they can be effectively implemented at scale. Our review aims to provide practitioners with insights and tools to reflect on the promises and pitfalls of such interventions in diverse contexts.

Mediatizing and Framing the Centennial Year. Comparative Study between Government’s Communication and Media’s Social Construction of Reality

Government’s communication and media’s social construction of reality should be one and the same and should reflect what is happening near or around us. The Centennial Year was for Romania a very important one that had a special attention from the authorities and from the media. The Centenary meant for the media sadness, circus, pragmatism, the Centenary of Disunity, chaos, incompetency, lack of respect for the country. As through commemoration the government shows how important is the history, in this case, for the people, this research brings into attention the role of the historical memory and mediatizing moments. The content analysis was used to research the 98 articles and press releases in order to find out how has been presented one of the most important moments from Romania’s history. The articles have been selected taking into account the following themes: the main one – the Great Union Centennial, the second theme: legislation and budget. Romania is part of many international entities such as European Union (2007), North Atlantic Treaty Organization (2004) or United Nations (1955), and the legislative, financial or social decisions are related to the policies, rights, responsibilities and procedures of all the transnational agreements and actors implied. In this international context, the Romanian Centennial Year 2018 has a historical significance and might be mediatised in connection with the political shifts from Romanian “government 2.0” to “government 3.0”. As the government has been changed for so many times, so were the decisions, and this is the main objective of this research: to see and to present what has been the significance of the Centenary.

Climate Justice and Biodiversity

Global climate change is affecting both natural environment and human society. National governments engage in climate mitigation actions. Transnational agreements such as Paris Agreement and recent UN Climate change conference (COP 26) intend to foster global collaboration on tackling climate change. However, activities and policies aiming to address the problem may either undermine integrity of the natural environment and human society or can contribute to sustainable development. Here climate justice plays the central role. Pursuing climate justice paradigm, may environmental organizations to prove central role of forest conservation in mitigation of climate change. This is likely to allow avoiding trade-offs between clime, economic development and biodiversity conservation objectives. Multiple real live examples demonstrate the potential of climate justice as a central principle of climate actions to allow finding win-win solutions. The central principle of climate actions and policies should be avoiding harm to biodiversity and indigenous peoples. The approach is likely to ensure sustainable development and success in addressing climate change.

Transnational water resource management in the Karawanken/Karavanke UNESCO Global Geopark

PURPOSE: The management of cross-border natural resources has been the focus of research in different disciplines. Nonetheless, beyond theoretical insights, empirical evidence of successful cross-border management or governance of natural resources is still limited, even in the European Union (EU), where a range of instruments are provided to foster cross-border cooperation between its Member States. This is where our paper departs, providing evidence from an example of cross-border cooperation between two Member States of the EU, Austria, and Slovenia, adding to the analytical framework to identify the drivers of successful cross-border cooperation. METHODOLOGY: Drawing from the example of the European Grouping of Territorial Cooperation (EGTC) Geopark Karawanken we evaluate the success factors and limits for transboundary cooperation encompassing different forms of cooperation. Furthermore, based on empirical evidence of workshops with local, regional, and national stakeholders, we investigate the potential of the EGTC organizational framework to provide for the successful cross-border management of water resources within the Geopark area. FINDINGS: Our analysis of project bundles, joint ventures/consortia, and EGTCs as possible forms of transboundary cooperation indicates that EGTCs have various advantages over looser forms of cooperation. Higher operational costs for the organization are contrasted by enhanced governance of transboundary activities, in accordance with legal frameworks and representation on both sides of the border. This increases acceptance and facilitates decision-making. Furthermore, it increases the potential for receiving funds in accordance with planned activities and regional requirements, while decreasing the individual financial risk for partners. The genesis of the Karawanken/Karavanke UNESCO Global Geopark (Geopark Karawanken) indicates that looser forms of organization, for instance, project bundles, enable stakeholders to get to know each other without great institutional effort. In the course of increasing integration, the organizational form can be more complex. The experience in developing transboundary, water management instruments shows that even in a more sophisticated form of cooperation like an EGTC, there are remaining obstacles in managing transboundary natural resources. Obstacles result from e.g., national laws and regulations, data standards, monitoring techniques, and soft factors such as language barriers. IMPLICATIONS: The example of the Geopark Karawanken shows that cross-border public authorities can be significantly supported with the introduction of an EGTC. Still, an EGTC tends to exclude private companies or societal actors because they cannot be active members of the Board. Exploring further options for closer integration of the private sector in Public-Private-Partnership (PPP) models may be useful to maintain the opportunity to include much-needed private skills and resources. The experience of the Geopark Karawanken suggests that EGTCs can and will be a significant form of organization in Europe for a number of activities, for example, in the field of cross-border resources, cross-border protected areas, or cross-border predicate regions. This will support the achievement of the goals of EU programs to face the climate and biodiversity crises through transnational agreements, e.g., the Green Deal or the Biodiversity Strategy. ORIGINALITY AND VALUE: This article provides a concise overview on transnational water resource management in the European Union in the context of an EGTC, and raises points for practitioners about potential challenges for the successful introduction of an EGTC. While the analysis of common experiences of various EGTCs could lead to the development of a European standard and guideline for the successful foundation of this territorial cohesion tool, this paper provides the first step, paving the road for future research.

Hersch and Elihu Lauterpacht and the relevance of private law sources for international law: from theory to practice against the background of international law's evolution and the adoption of the Unidroit Principles

Abstract Private law sources in international law were a main object of study of Sir Hersch Lauterpacht, who is considered one of the greatest international lawyers of the last century. In his time, the International Institute for the Unification of Private Law’s Principles of International Commercial Contracts (PICC) did not exist. The first version of the PICC was only published in 1994, more than three decades after his death. In the year 2000, the disputing parties of an investment treaty arbitration case concluded before a tribunal chaired by his son, Sir Elihu Lauterpacht, a settlement agreement dated 20 March 2000, which would later be embodied in an International Centre for Settlement of Investment Disputes Additional Facility arbitral award issued by the tribunal on 18 September 2000, where they incorporated slightly modified PICC provisions. The present article will argue that private law sources are still important in certain areas of international law, such as investment arbitration. In investment arbitration, they are not only important in presence of contracts but they can also arguably be useful for the interpretation of treaties. Investment tribunals have indeed recognized the importance of the PICC for both the interpretation of contracts (transnational agreements) and the interpretation of treaties (international agreements).

Promoting equity in the use of algorithms for high-seas conservation

Promoting equity in the use of algorithms for high-seas conservation

International Framework Agreements

When the negative outcome of globalization in the 1990s was becoming more visible and transnational companies were heavily criticized, the first global union federations started to negotiate transnational agreements with transnational companies to counter unilateral codes of conduct which had been proclaimed at that time. Today there are more than 140 international framework agreements (‘IFAs’) with the aim of ensuring social standards are at place, some dedicated to specific topics. These agreements developed and now often contain specific provisions on implementation and monitoring, sometimes including complaint and dispute resolution mechanisms. Some of these IFAs provide local trade unions with specific rights like access to the premises or neutrality in case of unionizing campaigns. Thriving examples are the Indonesian Freedom of Association Protocol and the Bangladesh Accord, which contain detailed provisions, as will be analyzed below. This development may be described as the beginning of transnational collective bargaining.

Agencies without borders: Explaining partner selection in the formation of transnational agreements between regulators

AbstractTransnational collaboration between regulatory agencies has proliferated rapidly within the last three decades. However, given that information regarding the motives, trustworthiness, and capabilities of potential partners is typically imperfect, decisions about with whom to collaborate are inevitably characterized by a degree of uncertainty. To better capture these dynamics, this article uses a network analytical perspective and hypothesizes that agencies are more likely to form agreements with agencies to whom they are already indirectly connected (transitivity), that are highly connected (preferential attachment), or with whom they share tie‐characteristics (assortativity). To test these hypotheses, a stochastic actor‐oriented model is used to analyze an original, self‐coded data set in which bilateral information exchange agreements between national securities agencies (n = 143) are mapped out over a 18‐year period. The results show that the formation of agreements between regulatory agencies is driven by (i) the number of shared partners (i.e. triadic closure); and (ii) similarity regarding agency characteristics (i.e. homophily).

Exclusive Distribution and Non-Compete Clause in Trade: Transnational Agreements in European Union and United States

Exclusive distribution agreements are commonly used in both European Union (EU) and United States (US) markets to ensure the efficient distribution of products and services. This article compares the competition legislation in the EU and US and focuses on the differences in the treatment of vertical agreements. This topic is addressed also from an economic perspective and focuses on the possible abuse of dominant market position by international multisectoral companies. This article focuses on the following legal and economic questions: how do competition legislations regulating vertical agreements differ in EU and US and, what kind of possible effects do transnational exclusive distribution agreements have on international trade and competition. In EU law exclusive distribution agreements, even those which include a non-compete obligation limited to five years, are considered as lawful restrictions on competition as long as they fulfil certain criteria listed in the Block Exemption Regulation. EU competition law recognizes the terms of block exemption and ‘safe haven’, whereas the US antitrust law does not regulate any exemptions to vertical restraints. Vertical restraints are interpreted in the US common law of antitrust in the light of the principle of Rule of Reason. An important difference in these jurisdictions is the definition of relevant markets, which is taken into consideration when evaluating the legality of a vertical agreement under competition law. Both jurisdictions emphasize the market power of the producer, but the allowed percentage of market share varies between EU and US and only EU legislation gives emphasis to the market power of the distributor. These differences in competition legislations regulating vertical agreements can lead to conflicts when interpreting the legality of a distribution agreement. The definition of relevant product markets might lead to big international multisectoral companies abusing their dominant position by entering into exclusive arrangements.

Los derechos sociales en las cadenas globales de producción: nuevas perspectivas para la negociación colectiva transnacional en la Declaración de Empresas Multinacionales (OIT)

Entre las nuevas formas de organización empresarial destaca la formación de las cadenas globales de producción. Este fenómeno productivo desborda no sólo los marcos nacionales desde el punto de vista jurídico sino que además transforma los marcos de relaciones laborales como los conocíamos hasta ahora, afectando los derechos sociales de los trabajadores.

A cross-border, long haul freight transportation problem with transhipments

Transportation networks have become the major lifeline of modern societies, not only ensuring individual well-being, but fostering economic growth through fast and reliable transportation activities. Furthermore, the direct relationship between transportation and economic productivity and the steady rise of transnational commercial agreements represent a unique opportunity for developing countries to boost their economies. This paper presents a long-haul, transnational, cross-border transportation problem with transhipments applied to a transportation carrier in Colombia, Latin America. The company faces a combination of challenges that are still rare in the literature such as time windows, a vast fleet and different transportation regulations among different countries. The problem is solved using a combination of simulation and a metaheuristic, which was tested by using two types of heuristics to generate the initial feasible solution. The proposed methods proved its superiority over the solution approach applied by the carrier, showing that significant gains can be obtained.

Workplace trade union engagement with European Works Councils and transnational agreements: The case of Volkswagen Europe

This article examines two transnational agreements signed by the Volkswagen European and Global Works Councils, considering their interlinked implementation within subsidiaries in Britain, Italy, Spain and Germany. We demonstrate differing stances and some uncertainty towards principles of co-management, social dialogue and codetermination. These agreements have improved local industrial relations and strengthened cross-national interaction between employee representatives, despite significant differences in orientation regarding how unions should engage with management. However, the emerging international framework has not led to a clear politics of incorporation, with local trade unions being well aware of the risks of co-management and a more business-oriented relationship.

Free Trade Agreements, Private Courts and Environmental Exploitation: Disconnected Policies, Denials and Moral Disengagement

Although there is strong scientific consensus that climate change and environmental degradation are occurring, there is also a significant body of opinion that is sceptical about, or denies the validity of, evidence for this. However it is not solely the nature of differing views about global warming or ecological disaster that is being contested but the case for or against intervention and regulation in the market. At an international level, gestures toward ‘sustainability’ are (i) compromised by combining them with declarations of the need for continued economic growth, and (ii) undermined by the arrangements put in place by existing and new transnational trade agreements. The paper examines these views and developments, and the patterns of denial, disconnection and fragmentation they display.

Corporate Social Responsibility and Worker Rights: Institutionalizing Social Dialogue Through International Framework Agreements

International framework agreements (IFAs) represent a new generation of transnational agreements between multinational companies and global trade union federations. This paper analyzes the impact of such an agreement on a successful union organizing campaign in Colombia in 2012. We argue that management strategies towards corporate social responsibility and social dialogue influence the impact of IFAs on worker rights. However, this relationship is mediated by the capacity of managers and worker representatives at multiple levels to mobilize their capabilities. The results highlight the importance of institutionalized dialogue between managers and worker representatives, of the dissemination of capabilities across multilevel coordination structures and, most importantly, of their complementarities at various levels.

Widening the lens: a structuration theory perspective on European works councils and transnational labour relations

AbstractThis article outlines a concept for analysing practices of European works councils. Much previous research has focused its attention merely on a single institution or actor, for instance the European works council, transnational agreements or trade union federations. However, previous research in the field suggests that transnational labour relations often involve many actors on different levels inside and outside an MNC who interact, refer to different cultural patterns and draw power to act from various sources. To cover those processes, a structuration theory framework is developed that models different ‘action fields’, which actors refer to in their social practices of cross‐border employee representation. The framework is illustrated with case studies of Toyota and General Motors. The benefits and limitations of the new perspective are discussed with reference to previous accounts.

Migración transnacional colombiana y estrategias políticas online. Reproducción de la comunidad a través de la vinculación transnacional

Objetivo: analizar la política migratoria colombiana en relación con las teorías de vinculación transnacional que se desarrollan en el ámbito de la sociología de las migraciones, partiendo de la idea de que las nuevas tecnologías proporcionan una infraestructura sobre las que los países de origen crean cauces de extensión y difusión de la política y la nación hacia los lugares de destino y, especialmente, en cada uno de sus emigrados.Metodología: se hace un análisis cuantitativo del número, tipo y composición de las redes y los usuarios que participanen la Plataforma web RedEsColombia, y un análisis cualitativo-discursivo de la información audiovisual que se puede recoger de la propia web.Resultados: RedEsColombia ha supuesto un éxito por el número de usuarios registrados, mientras resulta más cuestionable la incidenciade la vinculación que genera el Portal. Así mismo, quedan claros los ejes discursivos en torno a los que gira la política colombiana en materia de migraciones, teniendo como objetivo último la vinculación de los emigrados para su contribución al desarrollo del país.Conclusiones: la utilización de las TIC en el Estado colombiano pretende la difusión y la extensión de los programasde vinculación nacional de los emigrados, mediante la creación de un sentimiento depertenencia y comunidad.