Western Sahara : international law, justice and natural resources

As the Spanish were preparing to leave colonized Western Sahara in 1975, Morocco invaded, sparking a war with the Western Saharan Polisario Front. About 70% of Western Sahara was occupied by Morocco, which stations up to 140,000 soldiers in the territory, primarily along a 1700 kilometre long sand berm that is protected by one of the world’s largest fields of landmines. In 1991, Morocco and the Polisario Front agreed to a truce ahead of a referendum on Western Sahara’s future. However, Morocco has since refused to allow the referendum to take place, and has begun the extensive exploitation of Western Sahara’s non-renewable natural resources. This has both highlighted the plight of the Saharawi people who live in refugee camps in Algeria and in occupied Western Sahara, and pushed the Polisario Front back to a position where it is openly canvassing for a return to war.

In search of coherent jurisprudence for international criminal law : correlating universal human responsibilities with universal human rights

I. The Evolution of International Criminal Law International criminal justice concerns breaches of international rules entailing the personal criminal liability of individuals (as opposed to the State for which the individuals may act as agents or organs), and presently includes acts such as genocide, torture, crimes against humanity, aggression and terrorism. ... A rule stating: any act of armed conflict which directly causes the death of a civilian is a war crime unless it can be shown that the military advantage gained by the attack outweighs the harm. ... Thus, so far as international criminal law is concerned any act during armed conflict which results in the death or injury to a person who does not pose a direct threat to the life of the accused should be a war crime. ... Pursuant to the Rome Statute and as a matter of customary international law torture is a war crime when performed in the context of an armed conflict, and a crime against humanity when it is part of systematic criminal conduct. ... Torture can also constitute an individual international crime, even where it does not satisfy the criteria of a war crime or crime against humanity. ...

Book review: Hannah Murphy, The Making of International Trade Policy: NGOs, Agenda-setting and the WTO (Cheltenham, UK: Edward Elgar, 2010), 240 pp., £65.00, ISBN 978 18498 00181 (hbk).

The nexus between states,non-state actors and intergovernmental organisations is an increasingly important area in both the study and practice of global governance. Hannah Murphy makes a meaningful contribution to this area in examining the informal role of non-governmental organisations (NGOs) in relation to agenda-setting within the World Trade Organization (WTO). © Dean Coldicott, Deakin University 2012.

Empirical essays on international trade.

The thesis comprises four essays on the effects of free trade agreements and regional economic cooperation on trade flows in Africa, comparison of the effects of migration on trade in Africa and Asia, and the causal effects of service trade on service income at the cross-country level.

International commercial law : principles and practices

International Commercial Law: Principles and practices considers the multifaceted nature of international commercial law and explains the rules, principles, policies and practices that comprise this area of law and the wide-ranging influences that shape it

The book provides an extensive analysis of the wider policy, moral, economic and political considerations underpinning international commercial law.
- It analyses and evaluates existing standards and practices, and suggests proposals for reform.
- It encourages readers to make informed judgments regarding the interpretation of relevant legal standards and to make predictions about how the law is likely to develop.

Globalisation, the environment and recent trends in international trade

The process of globalization has had far-reaching social as well as economic effects. The term "globalization" is generally taken to mean an increase in international transactions in markets for goods, services and factors of production and a growth in institutions .that straddle international borders. This development has also meant that the corporate-governance mechanisms have to be reinforced to ensure fairness and transparency as well as social responsibility. Finally, international infrastructure and institutions have to evolve to facilitate and ameliorate the effects of the growth in this world trade on the environment, sustainable development and bio-diversity. This paper provides an overview of the current developments in all these areas.

Globalization, international trade and welfare

The term globalization is generally used to describe an increase in international transactions in markets for goods and services and factors of production, plus the growth and expanded scope of mar.y institutions that straddle international borders. Globalization has also led to a more liberal economic environment where issues such as labour standards, human rights, the environment, intellectual property rights, investment codes and competition policy are now considered legitimate topics in the trade debate. Free global markets cannot guarantee that air, water or energy resources are accurately priced for sustainable development since there is no mechanism to internalize environmental costs. Economic growth, although a powerful tool for increasing a country's wealth, cannot guarantee that such wealth will be equally distributed. What is needed is environmental and social policy to redistribute the benefits.
Recent empirical studies show that there are clear signs of income convergence among countries that integrate more fully with the world economy but a divergence between these active participants and those who elect to remain insulated from global markets. The inequality within nations (distribution of income) has increased during the period of globalization over the last fifty years.

Issues in international trade

This paper discuss the issues in international trade looking at the number of issues of international trade such as trade, growth and sustainable development, Financing requirements for emerging economies etc.

International sentencing law: in search of a justification and coherent framework

An international sentencing jurisprudence is emerging from the decisions by the International Criminal Tribunal for the Former Yugoslavia (ICTY or the Yugoslav tribunal) and the International Criminal Tribunal for Rwanda (ICTR or the Rwanda tribunal) (collectively, 'the tribunals'). This article examines international sentencing law and practice and discusses the justification for the practice. International sentencing law has several objectives. The main goals are reconciliation, deterrence, retribution and rehabilitation. The sentencing inquiry is marked by a high degree of discretion and has resulted in sentencers developing a large amount of aggravating and mitigating considerations, such as being in a position of authority, remorse and good character. It is argued that the current international sentencing approach is flawed - fundamentally so. Most of the stated goals of international sentencing in the form of reconciliation, retribution and rehabilitation are either highly speculative or misguided. The only justification for the practice is general deterrence. This is, however, significantly undermined by the selective and infrequent enforcement of crimes within the jurisdiction of such tribunals. The stated aggravated and mitigating considerations are not valid given that they are not justified by reference to the stated aims of sentencing and only serve to undermine the search for a penalty which is commensurate the serious of the offence. This article suggests a coherent framework for international sentencing policy and practice.

A spill-over theory of international trade unionism

This paper use neo-functionalist and institutionalist theories of geo-political integration to develop a theory of international trade unionism. In brief, the theory asserts that the type of international ‘context’ in which international trade unions operate presupposes the types of ‘imperatives’ that will dominate their interests and concerns. These imperatives are taken to operate along one of three dimensions - industrial, political and ideological, and are seen as evolving in accordance with the ‘logic of spill-over’ in global and sub-global integration processes. Using this interpretation the discussion provides reasons as to why ideological imperatives have historically dominated international trade union thinking, the only exception being regional trade unions operating in Europe, which have evolved beyond the ideological to embrace industrial and political imperatives in their modes of organisation and operation.