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[International Law] - International Economic Law
[International Law] - International Economic Law
[International Law] - International Economic Law
[International Law] - International Economic Law
[International Law] - International Economic Law
[International Law] - International Economic Law
[International Law] - International Economic Law
[International Law] - International Economic Law
[International Law] - International Economic Law
[International Law] - International Economic Law
[International Law] - International Economic Law
[International Law] - International Economic Law
[International Law] - International Economic Law
[International Law] - International Economic Law
[International Law] - International Economic Law
[International Law] - International Economic Law
[International Law] - International Economic Law
[International Law] - International Economic Law
[International Law] - International Economic Law
[International Law] - International Economic Law
[International Law] - International Economic Law
[International Law] - International Economic Law
[International Law] - International Economic Law
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[International Law] - International Economic Law

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Project work for International Law (Prof. Scarpati) about "International Economic Law". …

Project work for International Law (Prof. Scarpati) about "International Economic Law".
by
Adil Eddal
Adriano Pisculli
Valentino Longo
Andrea Danni
Antonio Spocci

Published in: Business, Education
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  • 1. INTERNATIONAL LAW International agreements on natural resources exploitation and protection Eddal Adil Pisculli Adriano Valentino Longo Andrea Danni Antonio Spocci
  • 2. Major points of our work… <ul><li>Introduction: </li></ul><ul><li>Fundamental Principles of international economic law </li></ul><ul><li>An overview on the evolution of international economic law </li></ul><ul><li>Examples of international agreements on environmental field </li></ul><ul><li>Case study: </li></ul><ul><li>Earthquake in Japan and nuclear disaster </li></ul><ul><li>Different points of view on the application and results of international agreements </li></ul>
  • 3. International Economic Law A simple definition: “ International economic law regulates the international economic order among nations” It includes a vast array of topics (public international law, private international law, law of international commerce, international financial law, international tax law, international intellectual property law) The basis of economic law: - pacta sunt servanda - sovereign equality - reciprocity - economic sovereignty
  • 4. International economic law and environment The Stockholm Declaration (1972) – law on natural resources exploitation: - first major attempt of international agreement on environment - idea of conserving natural resources - limit to right of states to exploit their natural resources The Charter of Economic Rights and Duties of States (1974): - Protection, preservation and enhancement of the environment - National policies have to conform with the responsibility towards future generations - All States have the duty to not cause damage to the environment beyond the limits of their jurisdiction - Each Nation have to propose and cooperate in evolving norms and regulation on environment
  • 5. International economic law and environment World Charter for Nature (1982): - Man can alter nature and exhaust natural resources, therefore must fully recognize the urgency of maintaining the stability and quality of nature and conservation of natural resources - Degradation and misuse of natural resources leads to breakdown of the economic social and political framework of civilisation Brundtland Commission (1985): - First definition of Sustainable Development: “ development that meets the need of the present without compromising the ability of future generations to meet their own needs”
  • 6. International economic law and environment The Rio Conference (1992): - Conference on Environment and Development - Human beings were at the centre of concerns for sustainable development - Each Nation has the right to pursuit it&apos;s own policies, without causing damage Main principles: - equity - right to economic development - permanent sovereignty of States on their natural resources.
  • 7. Violation of International Law? <ul><li>The mass dumping of highly radioactive water (measured at 7.5 million times the normal allowed levels) into Pacific Ocean. </li></ul><ul><li>It&apos;s not just an environmental disaster </li></ul><ul><li>Is it also “a violation of International Law?” </li></ul><ul><li>Indeed the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, passed in 1972, forbids nations and companies from dumping toxic wastes into the ocean. </li></ul>
  • 8. It&apos;s a world&apos;s problem Understanding the great difficulties of the situation for the Japanese now, but their problem is not just their problem... it&apos;s a world&apos;s problem! Was it not possible to pump the water to some kind of tanker ship instead of dumping that toxic/radioactive filth directly into the Pacific?
  • 9. It&apos;s a world&apos;s problem Japan, it turns out, gave the Fukushima complex special permission to release all this radiation, despite the International Law. Of course, even Japan&apos;s granting of this “special permission” is, itself, a violation of that same international law. But who&apos;s keeping track, anyway?
  • 10. Three different point of view The three principal schools of international relations theory Realism, Institutionalism and Liberalism. All shed light on the assumptions underpinning different visions of international law. They ask different question and seek different answers of that system.
  • 11. Realism “ Power is the currency international relations.” <ul><li>What is important for realists: </li></ul><ul><li>Economic power </li></ul><ul><li>Military power </li></ul><ul><li>International balance power </li></ul><ul><li>Realists ignore: </li></ul><ul><li>Cultural differences among states </li></ul><ul><li>Differences in regime type </li></ul>
  • 12. <ul><li>Why do states want power? </li></ul><ul><li>Classical realists: “it’s for human nature, that is selfish” </li></ul><ul><li>- Structural realists: “it’s for the structure of the international system” </li></ul>Realism “ Power is the currency international relations.”
  • 13. In a system without higher authority that sits above the great powers, and where there is no guarantee that one will not attack another, it makes good sense for each state to be powerful enough to protect itself in the event it is attacked. Realism “ Power is the currency international relations.”
  • 14. <ul><li>BILLIARD BALLS: </li></ul><ul><li>Great powers are the main actors in world politics and they operate in an anarchic system. </li></ul><ul><li>all states possess some offensive military capability </li></ul><ul><li>states can never be certain about the intensions of other states </li></ul>Realism “ Power is the currency international relations.”
  • 15. Fukushima and the nuclear system for Realists - All States can introduce atomic energy for self-sustainability - For Japan it meant international respect and economic power How do realists answer to problems like Fukushima case? Realism “ Power is the currency international relations.”
  • 16. Institutionalism States are the primary actors in the international system Institutionalism is alternative but linked to realism The creation of international institutions modifies and harmonizes the principle of anarchy “ Conflicts between nations will continue to arise. The real issue is whether they are to be resolved by force, or by resort to peaceful methods administered by impartial institutions” Haile Selassie I of Ethiopia
  • 17. How can we modify principle of anarchy derived from realist&apos;s theories? Defining an international regime: - Introduction of rules, principles, and decision-making procedures - Promotion of cooperation between and among states to reach common goals Institutionalism “ Conflicts between nations will continue to arise. The real issue is whether they are to be resolved by force, or by resort to peaceful methods administered by impartial institutions” Haile Selassie I of Ethiopia
  • 18. Modify states behaviour persuading them to waive power and to delegate decision to international institutions to reach common goals (first of all peace between states) Prohibition on the use of force which is delegated to trans-national institutions aiming to create a fictional world of equals (art. 2 UN charter) Institutionalism “ Conflicts between nations will continue to arise. The real issue is whether they are to be resolved by force, or by resort to peaceful methods administered by impartial institutions” Haile Selassie I of Ethiopia
  • 19. Institutionalism applied to Fukushima case IAEA is the international institute which deals with atomic energy IAEA gives guidelines about safety, security etc but is not able to establish compulsory rules Institutionalism “ Conflicts between nations will continue to arise. The real issue is whether they are to be resolved by force, or by resort to peaceful methods administered by impartial institutions” Haile Selassie I of Ethiopia
  • 20. Liberalism Liberal’s view focuses on individuals and groups operating in both domestic and trans-national civil society. Wilson: “Liberal Internationalism” State behaviour is determined not by international balance of power but by the relationship between these social actors and the government that do their interest.
  • 21. Liberalism Liberals focus on the ways in which interdependence encourages and allows individuals and groups to exert different pressures on national governments. Liberal conception of international law focuses on state interest rather than state power. Wilson: “Liberal Internationalism”
  • 22. Liberalism Where is the problem for Liberalism? The primary source of conflict among states is not the struggle for power, but rather than conflict of state interest; Wilson: “Liberal Internationalism” The best way to resolve conflicts and to promote cooperation in the service of common ends is to find ways to align these underlying state interests.
  • 23. THANK YOU FOR YOUR ATTENTION

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