1,721,786 research outputs found
The international responsibility of the OSCE
No full textThis paper contributes to the research project on the OSCE Legal Framework led by the Max Planck Institute for Comparative Public Law and International Law. It deals with the OSCE’s international responsibility by distinguishing three different but correlated phenomena: (1) its capacity to develop a legal system; (2) its possession of legal personality, whether international or domestic, does not compromise the existence of the institution as such; and (3) how its international responsibility is dependent upon the fact that the OSCE is either considered as founded by an instrument of international law or by an act of creation not based on international law. The introduction sets the scene describing the work of the International Law Commission. Section 2 further discusses the interaction between legal personality and the development of an ‘original’ or ‘derivative’ legal system. Section 3 then discusses four possibilities: (1) the OSCE possesses a derivative legal system and does not have international legal personality; (2) the OSCE possesses a derivative legal system and does have international legal personality; (3) the OSCE possesses an original legal system and does not have international legal personality; and (4) the OSCE possesses an original legal system and does have international legal personality. This paper does not define once and for all what the OSCE is and how its legal responsibility is to be assessed, but instead discusses the potential consequences that different legal constructions would have on its responsibility.The paper contributes to the law of international organizations analyzing how their international responsibility is affected by the adoption of one or another concept of legal system
Three decades of international cooperation against corruption - looking ahead
No full textTaking stock of the 25 years of international cooperation and domestic reforms since the conclusion of the first treaty on combating corruption, and drawing on the discussion in a dedicated Panel at the 2021 Society of International Economic Law (SIEL) Milan Global Conference, the contribution offers a critical assessment of the outcomes, and explores the ways forward, of the international rules and cooperation against corruption, looking particularly at their dynamic interface with municipal law. Its starting point is the observation that important problems – both substantive and methodological – of the international legal efforts against corruption, and their interaction with domestic legal systems, are understudied. The investigation of these issues in a positive, critical and normative legal analysis, combined with empirical research and behavioral science has a twofold value: i) Retrospectively, it permits sorting out what has worked in the first quarter century of international anti-corruption cooperation from what has not, and allows to critically discuss the underlying causes and trends. ii) Prospectively, the investigation provides new bases for the understanding and advancement of international initiatives on corruption and good governance, especially in their dialogue with domestic legal systems
Conflict of Interest in Global, Public and Corporate Governance / Peters Anne et Handschin Lukas
No full textPeters Anne et Handschin Lukas, Conflict of Interest in Global, Public and Corporate Governance, Cambridge : Cambridge University Press, 2012, 470 p. Compte rendu par Lionel Zevounou (Centre de recherche en droit public [CRDP], Université Paris-Ouest Nanterre-La Défense). Les conflits d’intérêts sont au cœur de l’actualité pour, au moins, une bonne raison : la crise économique entraîne son corollaire d’interrogations sur l’essoufflement de la démocratie représentative. En témoignent le nombr..
Indiana Journal of Global Legal Studies. Special Issue: Symposium: Global Constitutionalism - Process and Substance
No full textRemedies Against Immunity? Reconciling International and Domestic Law after the Italian Constitutional Court’s Sentenza 238/2014
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Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
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