Treaty

This commentary is based upon the author's lecture given as the 2010 recipient of the award named in honor of Drs. Joseph V. Brady and Charles R. Schuster, given by the Psychopharmacology and Substance Abuse Division (Division 28) of the American Psychological Association (APA). The focus is on the contributions of many behavioral pharmacology researchers who collaborated very much in the spirit of an interactive community dedicated to the common cause of advancing science in service of public health. Division 28 and its members hold a prominent place in this account because, throughout the 1980s and 1990s, the Division was the lead scientific forum for bringing together researchers addressing the behavioral pharmacology of tobacco and nicotine. The commentary provides an overview of how advances utilizing animal and human models of dependence and withdrawal came to inform public health policy and more recently, tobacco product regulation. The commentary also recounts how efforts by the tobacco industry collided with those of nonindustry researchers, including Division 28 members, and how this was taken up in congressional hearings that addressed behavioral pharmacology research on tobacco. The review concludes with an overview of current challenges to behavioral pharmacology researchers to assist in guiding the regulation of tobacco products by the United States Food and Drug Administration and other national regulatory authorities, as well as guiding the implementation of the international tobacco treaty-the World Health Organization Framework Convention on Tobacco Control.

The World Health Organization (WHO) declared novel coronavirus (COVID-19) as a worldwide pandemic that has caused in high number of deaths in many countries and across national boundaries. In its early stage, governments all over the world have decided to implement lockdowns and closing of national border as ad hoc measures to slow down the drastic increase of the widespread of Covid-19. The United Nations through the UN General Assembly at its 74th session adopted Resolution on Global solidarity to fight COVID-19 recognized that this pandemic requires a global response based on unity, solidarity and renewed multilateral cooperation. The UN General Assembly passed under resolution on international cooperation to ensure global access to medicines, vaccines and medical equipment to face Covid-19 pandemic. This article is divided into three parts; the background of the current health security regulatory system under the International Health Regulations (IHR) 2005; the pursuance of pand...

In comparative regional integration (RI) analysis, the European Union’s (EU) advancing of its own experience as a model is a significant problem. This article explores this problem by focusing on comparative aspects of RI in the EU and East Asia. It argues that there are important and valid aspects of comparison, such as the origins and objectives of these two regions, but fewer points of comparison between the two when it comes to achieving their objectives. It suggests that historical differences between the two regions constitute the major reason that a direct comparison is neither useful nor productive. It analyses the centrality and the exceptionalism of the EU in much of the comparative RI literature. It agues that the promotion of the EU experience as a form of model or paradigm is far from analytically helpful – the method of comparative analysis needs be the focus of our study as much as the objects of comparison. The article examines how the centrality of the EU in some an...

Have investment treaty arbitrators responded to the so-called 'legitimacy crisis' that has beleaguered the international investment regime in the past decade? There are strong rational choice and discursive-based reasons for thinking that these adjudicators would be responsive to the prevailing 'stakeholder mood'. However, a competing set of legalistic and attitudinal factors may prevent arbitrators from bending towards the arc of enhanced sociological legitimation. This article draws upon a newly created investment treaty arbitration database to analyse the extent and causes of a shift in treaty-based arbitration outcomes. The evidence is suggestive that arbitrators are conditionally reflexive-sensitive to both negative and positive signals from states, especially influential, developed and vocal states.

Öz
Osmanlı Devleti’nin Diplomasi alanındaki serencamını siyâsî serüveninden ayrı düşünmek mümkün
değildir. Nasıl ki siyasi serüveni kendine has bir mecrada seyretmiştir diplomasi alanındaki gelişimi de
aynı şekilde kendine özgü olmuştur. Osmanlı Devleti’nin yabancı devletler nezdinde daimi temsilcilikler
vasıtasıyla diplomasi faaliyetinde bulunması 1793 gibi geç bir tarihe tesadüf etmektedir. Ancak bu
durum söz konusu tarihten önce Osmanlı Diplomasisinden bahsetmenin mümkün olmadığı anlamına
gelmemektedir. Zirâ kuruluş dönemi padişahları diplomasiyi siyasi başarılarını pekiştirmek ve artırmak
için bir araç olarak kullanırken yükselme dönemi padişahları diplomasiyi siyasi güçlerinin bir göstergesi
ve tezahürü olarak kullanmışlardır. Devletin zaafa uğradığı ve güçten düştüğü dönemlerde ise diplomaside
kuralları koyan taraf olmak yerine Avrupa devletler hukukuna dâhil olarak izlediği diplomatik
denge politikası ile varlığını devam ettirmiştir. Diğer bir ifadeyle kuruluşundan yıkılışına kadar farklı
misyonlar yüklenerek farklı şekillerde icra edilse de diplomasi Osmanlı Devleti’nin diğer devletlerle olan
ilişkilerinde hep başvurulan bir enstrüman olmuştur. Bunu yaparken de Osmanlı Devleti özellikle
siyasi açıdan güçlü olduğu dönemlerde hem kendisinin titizlikle uyguladığı hem de muhataplarına
kabul ettirdiği kendine özgü bir takım diplomasi ilkeleri benimsemiştir. Çalışmamızın konusu olan
“Musâlahalar Devletler İledür Kaidesi” de bu ilkelerden birisidir. Çalışmamızda bu ilkenin diplomatik
arka planını ve Osmanlı Devleti tarafından nasıl itina ile uygulandığını ortaya koymaya çalışacağız.

Abstract
It is not possible to think of the experience of the Ottoman Empire in the field of Diplomacy apart from
her adventure in the field of politics. Just as her political adventure was in a unique way, her experience
in the field of diplomacy was likewise unique. The Ottoman Empire’s diplomatic activities through
permanent representatives in foreign countries coincided with a late date like 1793. However, this does
not mean that the Ottoman had not carried out any diplomatic activity before this time. For while the
sultans of the founding period used the diplomacy as a tool to consolidate and enhance their political
achievements, the sultans of the ascension period used the diplomacy as an indicator and a manifestation
of their political forces. In the period when the state was weakened and fell out of power, instead of being
the party determining the rules of diplomacy, she continued her existence with the diplomatic balance
policy as a part of European States law. In other words, although the diplomacy was carried out in different
ways with different missions, it had always been an instrument applied in the relations of the Ottoman
Empire with other states from her foundation to her collapse. In doing so, the Ottoman Empire,
especially in her politically strong times, adopted a set of principles of diplomacy which both meticulously
applied by herself and accepted by her counterparts. The subject of our study, the principle of “treaties are between states” is one of these principles. In our study, we will try to put forth the diplomatic background
of this principle and how it is carefully applied by the Ottoman Empire.

ABSTRACT Since Non-proliferation treaty has entered into force, in many occasions it faces numerous issues regarding it is application and that is because of the shortage and flaw that NPT has, thus the lacks of NPT may allow proliferation of nuclear weapons. this article examines whether NPT should be more strictly enforced, become more stringent and intense, and that nations should face harsh penalties and repercussions when found in violation of the treaty so that the world can be made a better place to live in.also provides an critical insight into the application of NPT.

Artikkel käsitleb rahvusvahelisi suhteid Esimese maailmasõja järel, keskendudes 1920. aastal Nõukogude Venemaa ja Eesti Vabariigi vahel sõlmitud Tartu rahulepingule, mis tähistas iseseisva Eesti riigi sündi. Tegemist oli esimese leppega, mis sõlmitud väikese kapitalistliku ja suure sotsialistliku riigi vahel. Ühtlasi sümboliseeris see muutust Nõukogude Venemaa poliitikas, olles peaprooviks Venemaa ja Lääne-Euroopa riikide suhete normaliseerumisele. Erinevate sotsiaal-majanduslike mudelite ja vastastikkuse usaldamatuse tõttu ei suutnud leping tagada ka 1920.–30. aastatel lõpuni rahumeelset koostööd kahe riigi vahel. Tartu rahu on jäänud siiani äärmiselt lõhestavaks küsimuseks. Vastakate arvamuste peamiseks põhjuseks on asjaolu, et pärast Nõukogude Liidu lagunemist arenesid Venemaa ja Eesti ühiskondlikult ja majanduslikult väga erinevates suundades. Pinged ja eriarvamused ei välista siiski võimalust leida vaidlusalustes küsimustes lahendusi. Kõige olulisem neist on piirileppe sõlmimin...

In this ar tic le the aut hor exa mi nes de ci si ons ren de red by the UN-CI TRAL ar bi tral tri bu nal in an in vest ment ca se Ac hmea v. Slo va kia and jud gment of the Eu ro pean Co urt of Ju sti ce re gar ding the com pa ti bi lity of the in ve stor-Sta te dis pu te set tle ment pro vi sion in an in tra-EU BIT with EU law relating the Ac hmea ar bi tral award on the me rits. Gi ven that the ECJ fo und in com pa ti bi lity bet we en the two such de ci sion might ha ve wi de-ran ging con se qu en ces. He re the aut hor as ses ses ar gu ments in dif fe rent de ci si ons from the per spec ti ve of frag men ta tion of in ter na ti o nal law, mo re pre ci sely from the per spec ti ve of con cepts and ar guments de ve lo ped wit hin the In ter na ti o nal Law Com mis sion Re port on Frag menta tion of In ter na ti o nal Law. Whi le the frag men ta tion is sue was di scus sed at the early sta ges of ar bi tral pro ce e dings it was la ter aban do ned and re ma i ned un menti o ned by the ECJ. The ca u se of dif fe rent ta kes on the re la ti on ship bet we en dispu te set tle ment pro vi si ons in in tra-EU BIT and EU law co uld well be de scri bed not as a nor ma ti ve but rat her as a con flict bet we en dif fe rent fo rums. Ju ris dic ti o nal con flict thus ga ve ri se to the pro blem of frag men ta tion in its strict sen se-ina bi lity of a sta te to per form two tre aty obli ga ti ons si mul ta ne o usly.

It is now standard in contemporary international law commentary to note that the latter part of the twentieth century has seen a move away from the traditional understanding of international law as fundamentally based on the consent of states. As just two examples, customary international law has in some contexts become more influential than treaties and human rights obligations are now recognized as often binding states even when they have signed no treaty acknowledging their existence. Treaty interpretation, by contrast, has remained focused upon the parties to a treaty, with even textualist approaches to treaty interpretation justified as the best means of ascertaining the intent of the contracting states. The purpose of the present article is to highlight the existence of a subset of treaties for which even a teleological approach to interpretation fails to capture the central importance for the treaty of entities other than the contracting states. These ‘power-conferring treati...

... 87–108 ERIC PHILIPPART Centre Facultaire de Recherches Internationales – Université Libre de Bruxelles and GEOFFREY EDWARDS Centre of International Studies, University of Cambridge ... Blackwell Publishers Ltd 1999 ERIC PHILIPPART AND GEOFFREY EDWARDS ...

Is it strategically wise for the USA to stretch its protective umbrella over small nations in Eastern Europe? Prominent critics have faulted US allies for acting recklessly and free-riding on US security guarantees. The evidence presented vis-à-vis the Baltic States, however, challenges these assumptions. This study paints a picture of Estonia, Latvia, and Lithuania as loyalty-obsessed small states that diligently seek to meet their patron’s behavioural expectations. By word and deed, they back US strategic goals. As such, they have taken on heavy war burdens in US-led campaigns and sided with Washington in its geopolitical struggle against China. What is more, they bring to the table distinctive capabilities in cyber and intelligence. In sum, this paper suggests that the Baltic States have continuously reimbursed the USA for its defence-cover services.

In this essay, we examine empirically whether the revised draft of the business and human rights (BHR) treaty is a normative advance on the existing jungle of global instruments. Since the 1970s, almost one hundred global corporate social responsibility (CSR) standards have been adopted, half of them addressing human rights. See Figure 1 from our global CSR database, below. What is novel about the current treaty-drafting process within the UN Human Rights Council (HRC) is that it aims to develop a comprehensive standard that would hold states legally accountable for regulating business. The question is whether this is possible. Drawing on our work on the “commitment curve,” we begin theoretically and point out why one should hold modest expectations about the process and treat strong text with skepticism as much as celebration. Using an empirical methodology, we then compare the HRC's Revised Draft Legally Binding Instrument (Revised Draft LBI) with existing standards, and find ...

Contributors List of Abbreviations PART I Chapter 1: Overview, Jonathan Todres, Mark E. Wojcik & Cris R. Revaz Chapter 2: An Introduction to the U.N. Convention on the Rights of the Child, Cris R. Revaz Chapter 3: Analyzing the Opposition to U.S. ratification of the U.N. Convention on the Rights of the Child, Jonathan Todres Chapter 4: The Effect of U.S. Ratification as a "Self-Executing" or as a "Non-Self-Executing" Treaty, Linda A. Malone Chapter 5: The Family-Supportive Nature of the U.N. Convention on the Rights of the Child, Barbara Bennett Woodhouse Chapter 6: The Changing Status of the Child, Barbara Bennett Woodhouse Chapter 7: Beyond Other Treaties: The U.N. Convention on the Rights of the Child and the Value of a "Dedicated Line", Merle H. Weiner Chapter 8: U.S. Ratification of the U.N. Convention on the Rights of the Child: Federalism Issues, Cathy L. Nelson PART II Chapter 9: Anti-Discrimination Guarantees Under the U.N. Convention on the Ri...

Non-governmental organizations have been playing an important role in global scenario. The growth of the number of NGOs shows that their importance, influence, representativeness and participation in the international community is essential since they can establish a link between states and society.With their actions and performance they are able to fill in the gaps left by the modern state in the representation of society’s aspirations. Relying on a theoretical framework, this article presents an explanation about NGOs and their status in international law, in order to allow for a reflection on their impact on the conclusion of international treaties, through the analysis of the Convention on the Rights of the Child, the Mine-Ban Convention and the Rome Statute.

Afghanistan is a land-locked country that depends on its neighboring countries to transit essential commodities. Iran, for its proximity and access to the high seas, seems to have the most economical route to meet Afghanistan’s needs. However, this country did not pursue such an economical route due to its western tendencies and its foreign policies which were completely different with Iran’s. The international relations of the countries in the region were extremely affected by the Cold War during the 2nd Pahlavi era from 1941 up to 1978. After World War II and the emergence of Pashtoonistan subject, and due to remoteness of Russian routes and their high costs, Iranian routes were the best for Afghani goods to be transited.  This research, depending on documents relating to this time, is going to clarify how the improvement of transit routes of two countries led to the development of their economic relations and coming to bilateral treaties in this field.

Hong Kong recently implemented the necessary changes to the domestic legislative to enable it to adopt the expanded exchange of information provisions based on the 2004 Organization for Economic Co-operation and Development (OECD) model convention for bilateral tax agreements. These amendments are expected to facilitate bilateral treaties, mitigate and negative perceptions of transparency and also avoid sanctions which have been threatened by the OECD member countries. This paper discusses the implications to Hong Kong of adopting the more liberal exchange of information provisions.