989 resultados para provisions deemed unwritten


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The markets provisions, contained in Article 6 of the Paris Agreement adopted in December 2015, can be seen as both a major success and a minor miracle. Throughout 2015, and during COP21 itself, the prediction was for a very small reference to anything related to markets, or possibly even the total omission of any such reference in the text. As predicted, the markets/non-markets text in Article 6 of the Paris Agreement (PA) was one of the last issues to be agreed, in the last night of COP21, shortly before the text went to the COP President, French Foreign Minister Laurent Fabius, for final approval and its subsequent release to the delegates for acceptance on 12 December 2015. This paper presents the evolution of the ideas contained in Article 6 of the Paris Agreement, and how these were captured in textual form in different drafts of the agreement. Understanding the origin of different provisions in the PA, and their evolution, may prove crucial. Losing the institutional memory may lead to attempts, through re-interpretation of the PA, to renegotiate it.

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To understand why some international institutions have stronger dispute settlement mechanisms (DSMs) than others, we investigate the dispute settlement provisions of nearly 600 preferential trade agreements (PTAs), which possess several desirable case-selection features and are evoked more than is realized. We broaden the study of dispute settlement design beyond “legalization” and instead reorient theorizing around a multi-faceted conceptualization of the strength of DSMs. We posit that strong DSMs are first and foremost a rational response to features of agreements that require stronger dispute settlement, such as depth and large memberships. Multivariate empirical tests using a new data set on PTA design confirm these expectations and reveal that depth – the amount of policy change specified in an agreement – is the most powerful and consistent predictor of DSM strength, providing empirical support to a long-posited but controversial conjecture. Yet power also plays a sizeable role, since agreements among asymmetric members are more likely to have strong DSMs due to their mutual appeal, as are those involving the United States. Important regional differences also emerge, as PTAs across the Americas are designed with strong dispute settlement, as are Asian PTAs, which contradicts the conventional wisdom about Asian values and legalization. Our findings demonstrate that rationalism explains much of international institutional design, yet it can be enhanced by also incorporating power-based and regional explanations.

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Report of the Committee on the Organization of the Inter- American System.--Report of the Juridical Subcommittee on the project of Inter-American peace system submitted by the Inter-American Juridical Committee on November 18, 1947.-- Comments on the draft project of Inter-American peace system formulated by the Inter-American Juridical Committee in 1945.-- Memorandum on the definite project of an inter-American peace system formulated by the Inter-American Juridical Committee, by C. G. Fenwick.

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Cover title.

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Mode of access: Internet.

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Mode of access: Internet.