Journal Service - Georg-August-Universität Göttingen
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1022 research outputs found
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Rafael José de Menezes-Bastos, A Festa da Jaguatirica: Uma Partitura Crítico-Interpretiva (2014)
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JSTOR link to article (restricted access) https://www.jstor.org/stable/4465271
Exercising or Evading International Public Authority? The Many Faces of Environmental Post-Treaty Rules
No full textPost-treaty instruments (PTIs) are informal instruments adopted by consensus of the treaty parties as follow-up decision to a particular provision in a treaty. PTIs are potentially significant instruments for advancing environmental global governance, as the treaty parties may use them to transform indeterminate treaty provisions into more specific environmental rules and decisions. While a number of PTIs are rightly characterized as exercises of authority, this article seeks to demonstrate how certain environmental PTIs with rule-setting character (‘PTRs’) amount to evasions of authority by reducing international authority over States’ environmental policies, or alleviate rather than tighten the treaty parties’ obligations, through their content or legal status. First, some PTRs avoid authoritative language, requiring little or no concrete action by the treaty parties. Some treaty-based assignments to adopt PTRs are never even acted upon. Other PTRs simply water down the obligations of the treaty parties compared to the underlying treaty provisions. Second, PTRs possess an ambiguous legal status both in legal doctrine and in the practice of domestic and EU courts. The article further argues that consensual decision-making may well be at the root of this ambivalent practice. As a broader contribution to the debate about International Public Authority (IPA), the proposition is advanced that we need to scrutinize more carefully what kind and degree of authority an instrument exercises exactly – or not. Evasions of authority and alleviations of obligations – which can be conceived as a special type of exercising authority through inaction – have important implications for what future legal frameworks of international public law must deliver in terms of effective and legitimate procedural design
The Use of Scholarship by the WTO Appellate Body
No full textThis article examines the use of scholarship by the WTO Appellate Body. While it is not possible to say definitively how the Appellate Body views the legal status of scholarship in WTO dispute settlement, its use of scholarship will in practice determine its status. The article identifies three overall trends: the Appellate Body’s use of scholarship has declined, the Appellate Body uses scholarship mostly for matters of general international law (as opposed to WTO law), and the Appellate body has generally been careful in its use of scholarship. Possible explanations for these trends may include an increase in available precedents, the Appellate Body’s specialized role, criticism of the Appellate Body, and its members’ backgrounds
Lara Putnam, Radical Moves: Caribbean Migrants and the Politics of Race in the Jazz Age (2013)
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JSTOR link to article (restricted access) https://www.jstor.org/stable/4465270
Kathryn Olson, Music and Social Change in South Africa: Maskanda Past and Present (2014)
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JSTOR link to article (restricted access) https://www.jstor.org/stable/4465270
Jazz Festivals and the Post-Apartheid Public Sphere: Historical Precedents and the Contemporary Limits of Freedom
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JSTOR link to article (restricted access) https://www.jstor.org/stable/4465115
James Wierzbicki, Music in the Age of Anxiety: American Music in the Fifties (2016)
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JSTOR link to article (restricted access) https://www.jstor.org/stable/4465115
Ruth F. Davis (ed.), Musical Exodus: Al-Andalus and its Jewish Diasporas (2015)
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JSTOR link to article (restricted access) https://www.jstor.org/stable/4465115
Introduction: Discursive Flows in South African Jazz Studies—Texts, Contexts, and Subtexts
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JSTOR link to article (restricted access) https://www.jstor.org/stable/4465114