Graduate Institute of International Studies

One of the most prominent and urgent problems in international governance is how the different branches and norms of international law interact and what to do in the event of conflict. With no single 'international legislator' and a multitude of states, international organisations and tribunals making and enforcing the law, the international legal system is decentralised. This leads to a wide variety of international norms, ranging from customary international law and general principles of law, to multilateral and bilateral treaties on trade, the environment, human rights, the law of the sea, etc. Pauwelyn provides a framework on how these different norms interact, focusing on the relationship between the law of the World Trade Organisation (WTO) and other rules of international law. He also examines the hierarchy of norms within the WTO treaty. His recurring theme is how to marry trade and non-trade rules, or economic and non-economic objectives at the international level.

The Elements of War Crimes will assist the International Criminal Court (ICC) in the interpretation and application of the articles of the ICC Statute defining the crimes under its jurisdiction. These will not only be necessary for the future work of the ICC in interpreting the crimes provisions, but also for national courts, which have primary responsibility in the prosecution of international crimes under the Rome Statute. This commentary provides a critical insight into the travaux préparatoires of the Preparatory Commission leading to the adoption of the elements of war crimes. It contains an analysis of existing case law related to each war crime in the Statute. It will provide States, judges, prosecutors and international and national lawyers with key background information to implement international humanitarian law in future cases dealing with war crimes under the ICC. A unique, indispensable tool for prosecuting and defense lawyers working in international criminal law.

1. Introduction 2. Legal value of the elements of crime 3. General Introduction adopted by the PrepCom 4. Introduction to elements of war crimes listed in Art. 8 of the Rome Statute 5. Article 8 Paragraph 2 (a) ICC Statute: Grave Breaches of the 1949 Geneva Conventions 6. Article 8 Paragraph 2 (b) ICC Statute: Other Serious Violations of the Laws and customs Applicable in International Armed Conflict 7. Article 8 Paragraph 2 (c) ICC Statute: Violations of Common Article 3 of the 1949 Geneva Conventions 8. Article 8 Paragraph 2 (e) ICC Statute: Other Serious Violations of the Laws and Customs Applicable in Armed Conflicts not of an International Character Annexes Table of case law.

Regional trade agreements (RTAs) have proliferated around the world in the past two decades, and now nearly all members of the WTO are party to at least one. Besides tariffs and rules of origin regulating trade in goods, many RTAs now include provisions on services, investments, technical barriers to trade and competition rules, as well as a host of issues not directly related to trade. The geographic reach of RTAs is expanding, with transcontinental agreements spreading forcefully alongside intra-regional agreements. 'Multilateralizing Regionalism' was the title of a major conference held from 10–12 September 2007 at the WTO in Geneva. Brought together in this publication, the conference papers achieve two things. First, they marshall detailed, new empirical work on the nature of the 'Spaghetti Bowl' and the problems it poses for the multilateral trade system. Second, they contribute fresh and creative thinking on how to 'tame the tangle' of regional trade agreements.

One of the most prominent and urgent problems in international governance is how the different branches and norms of international law interact and what to do in the event of conflict. With no single 'international legislator' and a multitude of states, international organisations and tribunals making and enforcing the law, the international legal system is decentralised. This leads to a wide variety of international norms, ranging from customary international law and general principles of law, to multilateral and bilateral treaties on trade, the environment, human rights, the law of the sea, etc. Pauwelyn provides a framework on how these different norms interact, focusing on the relationship between the law of the World Trade Organisation (WTO) and other rules of international law. He also examines the hierarchy of norms within the WTO treaty. His recurring theme is how to marry trade and non-trade rules, or economic and non-economic objectives at the international level.

The concept of suspension of sovereignty is not new in the legal and political discourses in international relations. It has been employed mainly to describe dramatic and extreme situations in which a clear rupture is observed between the legal proposition of internal sovereignty and the social and political realities on the ground. A prominent example has been the case of foreign occupation. The recent UN Security Council Resolutions on Kosovo and East Timor rekindled interest in the concept of suspended sovereignty and raised new perspectives about its function and role in international politics because it is the product of legitimate international processes representing a further evolution of models of international political authority. Thus, the possible future crystallization of such a concept in international law should be seen and explored more as an opportunity to increase the transparency and accountability of international transitional administrations and less as a chance to reintroduce hierarchical relations in international politics.

Executive Summary. In this article, portfolio allocation strategies based on a threshold autoregressive conditional heteroskedasticity model (QTARCH) are constructed for the United States and the United Kingdom and compared to a conventional asset allocation. Our procedure is based on partitioning the historical data into ‘states of the world,’ which are used to produce expectations of return and risk. Several approaches are developed to partition an initial in-sample period (1978-1983), using quarterly asset returns and economic data. These partitions are then used to test out-of-sample strategies for the next quarter. Although the conditional results are sensitive to the method of partitioning, we show that the approach can improve portfolio performance in both countries and that most of the performance improvement stems from using conditional variances-covariances.

twilight… partial darkness; (fig.) gradual decay or destruction of something once glorious …t. state hysterical state of unawareness of external realities i —Annual Report, Bank for International Settlements, Basle, June 1981, p. 25 —World Economic Outlook, International Monetary Fund, Washington, June 1981, pp. 8–9 —OECD Observer, Organisation for Economic Cooperation and Development, Paris, July 1981, p. 13

The world is in a state of crisis which endangers its future. This statement is the starting point for the thinking and action of the Club of Rome. The latter feels, in fact, that humanity is faced with a series of problems which are worldwide and which require immediate action. The extraordinary development of science and technology together with exponential and anarchic growth are at the basis of these complex, interdependent, and universal problems which face us and which could threaten the very survival of the species. The Club of Rome draws our attention to these problems in the search for common remedial action. They suggest various approaches-a state of equilibrium, organic growth, a new international order "world solidarity revolution," a new humanism-always claiming to transcend all ideological commitments. This article attempts to examine the political options which the Club of Rome puts forward through these various approaches that all have the same goal, the survival of humanity. It challenges the claim of ideological neutrality showing that these political options are based on very precise ideological positions that are not at all new.

"This article undertakes to analyze existing and potential early warning facilities in man-made disasters which induce forced movement of people. It sets out some possible forms of early warning and the organizational options connected with them. It concludes that a mixed form of organization, combining some existing facilities and some modest new organization, could provide early warning, although this function would operate in a difficult and delicate political atmosphere that cannot be avoided."

Résumé Comment conduire la politique extérieure suisse? Cet article s'intéresse aux négociations bilatérales entre la Suisse et l'Union européenne et cherche à évaluer la “cohérence” et “l'efficacité” des choix stratégiques du gouvernement suisse. A l'aide d'un cadre d'analyse incorporant des outils de la théorie des jeux, nous examinons les options et stratégies mises en oeuvre par le Conseil fédéral afin de concilier contraintes internes et contraintes internationales – ce que nous nommons la “cohérence” – ainsi que les liens entre cette recherche de cohérence et la capacité du Conseil fédéral à conclure un accord avec l'UE – ce que nous nommons “l'efficacité”. Nous nous concentrons sur les deux volets les plus sensibles des négociations bilatérales: les transports terrestres et la libre‐circulation des personnes. Dans le cadre des contraintes internes existantes, la difficulté première du Conseil fédéral a consisté à trouver une cohérence d'action basée sur des perceptions réalistes de la situation externe. Face à cette difficulté, le Conseil fédéral a globalement fait preuve d'habileté stratégique, en particulier dans le cas des transports terrestres. Dans ce cas, sa redéfinition de l'espace de négociation a permis de surmonter le dilemme existant entre cohérence et efficacité.

Probably the most consistent feature of the policy of the three Western powers—the United States, Great Britain, and France—towards the defeated Germany, from the time of Potsdam until a few months ago, was the emphasis on the need for the disarmament and demilitarization of the Germany of the future; and when it was decided, in 1949, to establish the Federal Republic of Western Germany, this policy was endorsed once more. In June 1949, the Foreign Ministers of the three powers met in Paris, and on the twentieth of that month the High Commission charter was signed. At a second meeting held early in November of the same year, also in Paris, it was agreed that certain wider powers should be granted to the Federal Republic through the High Commissioners. Nevertheless when, on November 22, the definitive Occupation Statute, sometimes known as the Petersberg agreement, came to be signed by Konrad Adenauer, Chancellor of the new Republic, and by the three High Commissioners at the Petersberg Hotel in Bonn, the headquarters of the High Commission, it contained the following significant clause:

The World Trade Organization's law is a potentially powerful instrument for improving the labor rights of Chinese working women, if it is complemented by a broad global and multilateral approach. In contrast to much of the writing on core labor standards, this contribution is based on legal analyses, exploring what is possible, practical, and desirable in terms of WTO law. This paper seeks to assess whether the WTO could be used to pressure the Chinese government to improve women's labor rights. Trade sanctions, even if they fulfill the stringent conditions to be justified under WTO law, do not appear to be the best strategy. The incentive approach, based on both the Generalized System of Preferences (GSP) unilateral scheme and bilateral agreements, appears to be the best solution for improving women's labor rights. Any use of this tool must complement a global and multilateral approach, including better vertical and horizontal cooperation, among other international organizations and civil society.

Résumé L’auteur aborde les conflits de l’eau par le biais des théories de la négociation, en mettant à jour les stratégies qui permettent de combler les déséquilibres. L’objectif de cette étude est de prospecter la question émergente des relations entre pouvoir et négociation. Un nouveau modèle conceptuel est élaboré qui met en évidence les interactions entre variables de marchandage et les intérêts respectifs des acteurs de la négociation. En situation d’asymétrie, les stratégies de linkage permettent à la partie la plus vulnérable d’obtenir un accord minimal de l’acteur le plus puissant, en opérant un emboîtement entre les enjeux directs et indirects de la négociation.

On average, import and export penetration have no discernible impact on manufacturing employment in 18 less-industrialized countries. However, for all sectors combined, imports have a positive impact, and exports, mostly a negative one, in three countries for which suitable data were available. Some manufacturing industries have generally had more success in creating employment through trade. Finally, inter-country differences in employment elasticities of exports are reasonably well explained unlike for imports by per capita GNP, the employment impact of imports, the size of the population, economic openness, labour force participation, indebtedness, investments, and the growth rate of manufacturing production and employment.

Der folgende Beitrag setzt sich im ersten Teil mit der Entwicklung der Politikwissenschaft an den schweizerischen Hochschulen auseinander. Daran knüpft ein Literaturbericht über die schweizerische Forschung in den wichtigsten Teilgebieten ‐ Institutionen, politische Verhalten, Aussenpolitik und internationale Beziehungen sowie die Policy‐Forschung ‐ an. Einige Ueberlegungen zur weiteren Entwicklung der Disziplin in der Schweiz runden den Beitrag ab.

Classification is regarded by some as a very elementary and a very barren scientific device or method. For those who attach most importance to applied science, and to the achievement of practical ends, classification seems a dry and futile procedure. For those likewise who insist upon the importance of moral standards and purposes, the brutally empirical inductive process of classification seems inhuman, possibly even anti-social. That classification is an elementary task of science, in the sense of occurring early in the whole scientific process, no one could deny, albeit only some one who has had immediate and serious experience in classification can appreciate the advanced problems, both of theory and of application, which can be encountered therein. From the point of view of human interest, something would depend upon what is being classified, whether pearls or potatoes, for example, although it would seem to be an implied tenet of pure science that no knowledge of the universe is without value and that we are not able to say beforehand how important a given piece of knowledge will turn out to be.

Abstract The article argues that gender can be understood to cause violent conflict, although the literatures on civil war and conflict transformation are largely silent on the matter. The problem is an understanding of causation as explaining regularities, which fails to grasp how gender, in intersection with other markers of difference, is productive and performative. Building on philosophical realism, the article introduces the concept of social mechanisms and reformulates it to become compatible with constructivist and poststructuralist theorizing. It develops the notion of ‘intersectionally-gendered mechanisms’ to bring into view the productive force of gender and proposes that gender, in intersection with other axes of differentiation, operates as a causal driver of violent conflicts. It suggests a pragmatist approach that understands causes as the reasons people provide for why things are happening, which connects to feminist methodologies that are committed to change and to understanding the world from situated contexts. Drawing on existing feminist literature it then identifies three exemplary intersectionally-gendered mechanisms driving conflict dynamics: masculinist protection, masculinist competition, and mobilization for survival. It concludes by drawing out the implications of this approach for mainstreaming gender into peacebuilding and conflict prevention.

Consistent with an S-shaped labour supply schedule, the overwhelming evidence for the total supply of labour in less-developed countries shows a negative relationship with wages (and income levels), for both men and women at low wage levels, in particular in rural areas, except during seasonal peaks. In urban areas and at higher wage levels, the relationship becomes positive. Women (and children) usually make most of the adjustment. The study therefore appraises them primarily. Three caveats are discussed with respect to forced labour, informal employment, and child labour.

This paper investigates the relationship between fiscal performance in 28 sub-Saharan African countries over the 1980-91 period with movements in the exchange rates, the terms of trade, and other macroeconomic aggregates. It finds that the tax base in most of these countries is heavily dependent on imports and import substitutes. Consequently, an overvaluation of the exchange rate in countries which adopted a fixed exchange rate strategy undermines the tax base and results in a widening of the fiscal deficit when the purpose of the strategy is to restore the real exchange rate to its equilibrium through fiscal contraction. Those countries which pursued a variable exchange rate strategy failed in attaining price stability, but exchange rate adjustment was critical in contributing to other macroeconomic objectives, particularly fiscal balance, competitiveness, and growth.