DOCSLIB.ORG

International Law and Development Perspectives

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
International Law and Development Perspectives 34771 LAW, JUSTICE, AND DEVELOPMENT SERIES Public Disclosure Authorized THE TRANSIT REGIME Public Disclosure Authorized FOR LANDLOCKED STATES Public Disclosure Authorized International Law and Development Perspectives Kishor Uprety Public Disclosure Authorized Other Titles in the Law, Justice, and Development Series The Human Right to Water: Legal and Policy Dimensions (2004) by Salman M. A. Salman and Siobhán McInerney-Lankford Legislating for Sustainable Fisheries: A Guide to Implementing the 1993 FAO Compliance Agreement and 1995 UN Fish Stocks Agreement (2001) by William Edeson, David Freestone, and Elly Gudmundsdottir Also available in French (2004) The Legal and Regulatory Framework for Environmental Impact Assessments: A Study of Selected Countries in Sub-Saharan Africa (2002) by Mohammed A. Bekhechi and Jean-Roger Mercier Regulatory Frameworks for Dam Safety: A Comparative Study (2002) by Daniel D. Bradlow, Alessandro Palmieri, and Salman M. A. Salman Available in French (2003). Also available in Chinese (2002) through the World Bank Office in Beijing, and in Russian (2003) through VES MIR Publishers, Moscow Conflict and Cooperation on South Asia’s International Rivers: A Legal Perspective (2002) by Salman M. A. Salman and Kishor Uprety The Transit Regime for Landlocked States Law, Justice, and Development The Law, Justice, and Development series is offered by the Legal Vice Presidency of the World Bank to provide insights into aspects of law and justice that are rel- evant to the development process. Works in the series present new legal and judicial reform activities related to the World Bank’s work, as well as analyses of domestic and international law. The series is intended to be accessible to a broad audience as well as to legal practitioners. Series Editor: Salman M. A. Salman Editorial Board: Dominique Bichara, Hassane Cisse, Alberto Ninio, and Kishor Uprety The Transit Regime for Landlocked States International Law and Development Perspectives Kishor Uprety Senior Counsel Legal Vice Presidency The World Bank THE WORLD BANK Washington, D.C. © 2006 The International Bank for Reconstruction and Development / The World Bank 1818 H Street, NW Washington, DC 20433 Telephone: 202-473-1000 Internet: www.worldbank.org E-mail: [email protected] All rights reserved. 050607084321 The findings, interpretations, and conclusions expressed herein are those of the author(s) and do not necessarily reflect the views of the Board of Executive Directors of the World Bank or the governments they represent. The World Bank does not guarantee the accuracy of the data included in this work. The boundaries, colors, denominations, and other information shown on any map in this work do not imply any judgement on the part of the World Bank concerning the legal status of any territory or the endorsement or acceptance of such boundaries. Rights and Permissions The material in this work is copyrighted. Copying and/or transmitting portions or all of this work without permission may be a violation of applicable law. The World Bank encourages dissemination of its work and will normally grant permission promptly. For permission to photocopy or reprint any part of this work, please send a request with complete information to the Copyright Clearance Center, Inc., 222 Rosewood Drive, Danvers, MA 01923, USA, telephone: 978-750-8400, fax: 978-750-4470, www.copyright.com. All other queries on rights and licenses, including subsidiary rights, should be addressed to the Office of the Publisher, World Bank, 1818 H Street, NW, Washington, DC 20433, USA; fax: 202-522-2422, e-mail: [email protected]. ISBN-10: 0-8213-6299-2 eISBN: 0-8213-6300-X ISBN-13: 978-0-8213-6299-0 DOI: 10.1596/978-0-8213-6299-0 Library of Congress Cataloging-in-Publication Data has been applied for. Contents List of Tables vii Cases Cited ix Foreword xi Abstract xiii Acknowledgments xv Acronyms and Abbreviations xvii PART ONE General Overview Chapter 1 Introduction, Characteristics, and Scope 3 1.1 The Notion of Landlocked States 4 1.2 Historical Characteristics 6 1.3 Geopolitical Features 7 1.4 Economic and Developmental Challenges 13 1.5 Thematic Concerns and Scope 22 PART TWO Theoretical Bases Chapter 2 Principles, Doctrines, and Theories Influencing the Right of Access to the Sea 27 2.1 Theory Based on the Freedom of Transit 28 2.2 Free Access and the Principle of Freedom of the Seas 30 2.3 Right of Access as an International Servitude 31 2.4 Right Compensating for Geographical Inequalities 35 2.5 Freedom of River Navigation 37 PART THREE Evolution of the Regime Chapter 3 Evolution of International Law 47 3.1 Freedom of Transit for Trade: The Barcelona Statute 48 3.2 The Railway Case (Traffic between Lithuania and Poland) 50 v vi Contents 3.3 Freedom of Transit Strengthened: The Havana Charter and the GATT 56 3.4 Reciprocity to Right of Access: The Convention on the High Seas 59 3.5 Free Access Versus Territorial Sovereignty and the New York Convention 66 3.6 Right to Secure Access Under UNCLOS III 75 3.7 Enforcement of the Right of Access Under International Instruments 96 Chapter 4 Influence of International Law on State Practice 118 4.1 Treaties Concluded in Europe 118 4.2 Treaties Concluded in Africa 120 4.3 Treaties Concluded in Latin America 123 4.4 Treaties Concluded in Asia 126 Chapter 5 “Soft” Instruments and Specific Initiatives: Variation in Themes 130 5.1 International “Soft Law” Mechanisms 130 5.2 Specific Initiatives for Resource Allocation 134 5.3 Pluridimensionality in Facilitating Access 140 PART FOUR Conclusion Chapter 6 A Better Future for All 149 6.1 Customary Law in Existence 149 6.2 Relativism in Progress 150 6.3 Pragmatism in Decision-Making 151 Select Bibliography 153 Appendix One: Convention and Statute on the Regime of Navigable Waterways of International Concern 163 Appendix Two: United Nations Conference on Transit Trade of Land-Locked Countries 179 Appendix Three: United Nations Convention on the Law of the Sea (UNCLOS III): Part X—Right of Access of Land-Locked States to and from the Sea and Freedom of Transit 190 Index 193 List of Tables Table 1.1 Landlocked Countries and Transshipping Points 8 Table 1.2 Main Access to the Sea for Least Developed Landlocked Countries 20 Table 1.3 Intraregional Trade of Landlocked Developing Countries, 1998 and 1999: Proportion of Total Exports and Imports Whose Destinations and Sources Are Within the Same Region or Continent 21 vii Cases Cited Continental Shelf Case (Libya v. Malta) (ICJ) Electricity Company of Sofia Case (Belgium v. Bulgaria) (ICJ) Gulf of Maine Case (Canada v. USA) (ICJ) North Sea Continental Shelf Case (Federal Republic of Germany and Denmark; Federal Republic of Germany and the Netherlands) Nottebohm Case (Liechtenstein v. Guatemala) (ICJ) Oscar Chinn Case (Great Britain v. Belgium) (PCIJ) Phosphates of Morocco Case (Italy v. France) (PCIJ) Railway Traffic Case (Poland v. Lithuania) (PCIJ) Right of Passage Case (Portugal v. India) (ICJ) River Oder Case (Great Britain, Czechoslovak Republic, Denmark, France, Germany and Sweden v. Poland) (PCIJ) Wimbledon Case (France v. Germany) (PCIJ) ix Foreword Landlocked States face major disadvantages. Their geographical location not only cuts them off from sea resources, it limits their access to seaborne and international trade. They have to rely on transit countries for access to ports and international markets. That may be one reason why, by and large, coastal regions tend to be more developed than inland ones. In view of the above, the international community has paid special attention to the situation of landlocked States and the vulnerability that entails. The interna- tional community has recognized, and in part addressed, some of the constraints they face through a number of international legal instruments and a plethora of political and normative instruments. In the course of the last century, through the constructive and concerted efforts of both landlocked and transit States, there has been considerable improvement in the situation of landlocked States. This study reviews the evolution of the regime of landlocked States, with spe- cial attention to the link between international law and development. The study provides a detailed historical account of the legal, and to some extent the politi- cal, relations of landlocked and transit countries and examines the difficulties all these countries have faced. It analyzes the three major facets of public interna- tional law (customary law, treaty law, and state practice) and goes into detail in the areas of both law and fact, in particular by reviewing a sample of the bilateral arrangements between landlocked and transit States. The Legal Vice Presidency is pleased to offer this study in the hope that it will provide a useful understanding to those concerned with the transit regime of land- locked States, and more generally with the relationship of law and development. Roberto Dañino Senior Vice President and General Counsel World Bank April 2005 xi Abstract This study traces the development of the international law related to the free access of landlocked States to and from the sea. Part I is a brief introduction to economic, institutional, and development-related challenges faced by landlocked States. Part II examines doctrines and theories that have influenced the evolution of the legal regime that applies to landlocked States. Part III reviews the progress the international community has achieved over the decades in devising legal mechanisms to address the problems these States face. It discusses enforcement of the right of access, in particular, the adminis- trative, institutional, and technical mechanisms used. The study further analyzes bilateral treaties and agreements dealing with the question of transit in different continents. These agreements aimed at facilitating transit between landlocked States and their transit neighbors provide for regimes that are tailored to the spe- cific geopolitical and socioeconomic needs of the parties.
Load more

Recommended publications
  • The Common Heritage Ofmankind from the Law Ofthe Sea to the Human Genome and Cyberspace
    The Common Heritage ofMankind From the Law ofthe Sea to the Human Genome and Cyberspace Jean Buttigieg Abstract Since Arvid Pardo addressed the UN General Assembly in 1967 and proposed to declare the deep seabed and ocean floor the common heritage of mankind, the need has been felt to adapt the concept of common heritage to the human genome and the internet. This paper is intended to demonstrate that the concept ofa common heritage ofmankind is the ideal jacket to fit the hu­ man genome and cyberspace as a mode ofinternational govern­ ance in the interests ofall humankind. The last part ofthe paper discusses Father Peter Serracino Inglott's vision for Malta as a promotional centre for Open Source systems. KEYWOKDS: adaptation, Arvid Pardo, common heritage ofmankind, cyberspace, Father Peter Serracino lnglott, human genome Arvid Pardo and the Race to Grab the Bounties ofthe Deep Seabed The concept ofthe common heritage of mankind has been the subject ofin­ tense debate in international circles since November 1967, when Arvid Pardo first proposed that the bounties of the deep seabed should be protected and regulated by a new kind ofregime that was as much innovative in character as it was revolutionary in its legal implications. ' Pardo's proposal was different from the traditional schemes ofsovereignty and freedom that applied to ter­ ritorial sea and the high seas, respectively. The common heritage of mankind was to be a new form ofcommon ownership - in a word, an alternative to the classical Roman Law concept of res communis, rather than a contemporary Tullio Scovazzi, The Concept of Common Heritage ofMankind and the Resources of the Seabed Beyond the Limits of National Jurisdiction, 1-21.
    [Show full text]
  • Title Items-In-Secretary-General's Statements - X, 29 September 1965 29 December 1965
    UN Secretariat Item Scan - Barcode - Record Title Page 18 Date 22/05/2006 Time 4:29:40 PM S-0886-0004-01-00001 Expanded Number S-0886-0004-01 -00001 Title items-in-Secretary-General's statements - X, 29 September 1965 29 December 1965 Date Created 29/09/1965 Record Type Archival Item Container S-0886-fl004: United Nations Documents of the Secretary-General: U Thanf. Secretary-General's Statements Print Name of Person Submit Image Signature of Person Submit 29 September 1965 - 29 December 1965 VOLUME X - SECRETARY-GENERAL STATEMENTS No. DATE SYMBOL 790. SG message to President of the Philippines 29 September 1965 SG/SM/371 791- SG letter to Permanent Representative of Zambia 30 September 1965 SG/SM/372 792. UK note to SG on costs of peace-keeping force in Cyprus 1 October 1965 SG/SM/373 793. SG statement of welcome on 4 October to His Holiness Pope Paul VI k October 1965 SG/SM/374 794. Malaysian letter to SG on costs of peace-keeping force in Cyprus 5 October 1965 SG/SM/375 795. Text of cables between Pope Paul VI and the SG 5 October 1965 SG/SM/376 796. Greece and Uganda make voluntary contribu- tions to United Nations 5 October 1965 SG/1666 797. Liberia makes voluntary contribution to help UN solve its financial difficulties 7 October 1965 SG/1667 798. SG statement at General Assembly on 11 Oct. 11 October 1965 SG/SM/377 799- SG statement on budget estimates for 1965, 1966 12 October 1965 SG/SM/378 800.
    [Show full text]
  • The Cultural Ecology of Elisabeth Mann Borgese
    NARRATIVES OF NATURE AND CULTURE: THE CULTURAL ECOLOGY OF ELISABETH MANN BORGESE by Julia Poertner Submitted in partial fulfilment of the requirements for the degree of Doctor of Philosophy at Dalhousie University Halifax, Nova Scotia March 2020 © Copyright by Julia Poertner, 2020 TO MY PARENTS. MEINEN ELTERN. ii TABLE OF CONTENTS ABSTRACT ………………………………………………………………………………... v LIST OF ABBREVIATIONS USED ………………………………………………………….. vi ACKNOWLEDGEMENTS ………………………………………………………………….. vii CHAPTER 1: INTRODUCTION ……………………………………………………………… 1 1.1 Thesis ………………………………………………………………... 1 1.2 Methodology and Outline ………………………………………….. 27 1.3 State of Research ……....…………………………………………... 32 1.4 Background ……………………………………………………….... 36 CHAPTER 2: NARRATIVES OF NATURE AND CULTURE …………………………………... 54 2.1 Between a Mythological Past and a Scientific Future ……………………. 54 2.1.1 Biographical Background ………………………………………... 54 2.1.2 “Culture is Part of Nature in Any Case”: Cultural Evolution ……. 63 2.1.3 Ascent of Woman ………………………………….……………… 81 2.1.4 The Language Barrier: Beasts and Men …….…………………… 97 2.2 Dark Fiction: Futuristic Pessimism …………………………………….. 111 2.2.1 “To Whom It May Concern” ………………….………………… 121 2.2.2 “The Immortal Fish” ………………………………………….…. 123 2.2.3 “Delphi Revisited” ……………………………………….……… 127 2.2.4 “Birdpeople” …………………………………………….………. 130 CHAPTER 3: UTOPIAN OPTIMISM: THE OCEAN AS A LABORATORY FOR A NEW WORLD ORDER ……………………………………………….…………….……… 135 3.1 Historical Background …………………………………………………. 135 3.1.1 Competing Narratives: The Common Heritage of Mankind and Sustainable Development ……………………………………….. 135 3.1.2 Ocean Frontiers and Chairworm & Supershark ………………... 175 3.1.3 Arvid Pardo’s Tale of the Deep Sea …………………………….. 184 3.2 Elisabeth Mann Borgese’s Cultural Ecology ………………………….. 207 iii 3.2.1 Law: From the Deep Seabed via Ocean Space towards World Communities ……………………………………………………. 207 3.2.2 Economics ………………………………………………………. 244 3.2.3 Science and Education: The Need for Interdisciplinarity ……….
    [Show full text]
  • Don't Resurrect the Law of the Sea Treaty
    No. 552 October 13, 2005 Routing Don’t Resurrect the Law of the Sea Treaty by Doug Bandow Executive Summary For more than 20 years, the United States has the treaty governing seabed mining. The provi- refused to become a party to the Law of the Sea sions of Section XI may have the effect of forever Treaty. Advocates of the treaty, a comprehensive discouraging such operations, even where there measure governing navigational rights on the sea might be huge benefits. Regulations are to be and mineral rights on the seabed, claimed that U.S. administered through a complicated system of failure to join the convention would result in chaos committees and agencies within the International on the high seas. It has not. Very few Americans Seabed Authority, a creation of the United know anything about the treaty, and even advo- Nations that has ultimate jurisdiction over the cates are hard-pressed to explain how the United agreement. States would benefit from its adoption. Funding for the ISA, and for enforcement of A round of changes to the document won the the LOST, would flow disproportionately from support of the Clinton administration, which the United States. The ISA’s current budget is signed the treaty in 1994, but those changes modest, but the revised agreement changed none failed to attract sufficient support from the of the underlying institutional incentives that bias Senate. The LOST has languished unratified for virtually every international organization, most more than 10 years. obviously the UN itself, toward extravagance. The logjam appears to have broken, with Some supporters of the treaty insist that the prominent Republicans, and the president him- LOST is essential to establishing the rule of law self, signaling support for ratification.
    [Show full text]
  • The Common Heri ... Vironmental Governance.Pdf
    WORKSHOP IN POLITICAL TOEOF. AND POLICY ANALYSIS 513 NORTH PARK INDIANA UNIVERSITY Fourth Annual Common Property Conf ererteh=Ha'^GCMWSTONMr'x Jl_ '.. INDIAN, _ -„., A-, 47406-3, ,,..r1 IASCP rV^-!'- V-^ - Common Property in Ecosystems Under Stress THE COMMON HERITAGE OF MANKIND AND GLOBAL ENVIRONMENTAL GOVERNANCE Peter B. Payoyo With the Commission on Sustainable Development (CSD)1 now in place2 to recommend measures for the implementation of Agenda 21,3 the global project of "sustainable development" will enter a new phase of consolidation. Considering the poor performance and unsatisfactory follow-up action of governments one year after the 1992 Earth Summit4 the CSD embarks on its tasks with expected high hopes but amidst widespread pessimism about the possibilities of a truly global partnership in overcoming serious environmental problems facing humanity. It is of course reasonable not to expect too much from the CSD in terms of effecting desired changes in the global political and natural environment for sustainable development. Notwithstanding its broad substantive mandate, the CSD is ill-equipped to implement its decisions, and the move to locate it in the UN Economic and 1 Chapter 38 of AGENDA 21 adopted by UNCED, UN Doc. A/CONF.151/4. 14 June 1992. 2 The CSD, a high-level 53-member group of state representatives elected by the UN ECOSOC, had its first meeting on June 14, 1993. 3 UN Doc. A/C.2/47/L.61 on Institutional Arrangements to follow up the United Nations Conference on Environment and Development, esp. par. 3. 4 A year since Rio, and little sign of Earth's gain THE GLOBE AND MAIL, June 7, 1993.
    [Show full text]
  • Asdfgeneral Assembly
    United Nations A/67/PV.49 General Assembly Offi cial Records asdfSixty-seventh session 49 th plenary meeting Monday, 10 December 2012, 10 a.m. New York President : Mr. Jeremić . (Serbia) In the absence of the President, Mr. Charles needed. In that respect, the General Assembly was (Trinidad and Tobago), Vice-President, took the able to perform one of its main functions, under Chair. Article 13 of the Charter, in ‘encouraging the progressive development of international law and The meeting was called to order at 10.15 a.m. its codification’. “It was the Permanent Representative of Malta, Agenda item 75 (continued ) the late Ambassador Arvid Pardo, who is considered Oceans and the law of the sea the founding father of UNCLOS and who proposed, in this very Hall in 1967, a comprehensive treaty Commemoration of the thirtieth anniversary to ensure the peaceful use and exploitation of of the opening for signature of the the world’s oceans. His impassioned and lyrical United Nations Convention on the Law of speech lasted from morning well into the afternoon the Sea on a day in November, 45 years ago. It included The Acting President : Members are reminded these memorable words describing man’s close that, in accordance with resolution 67/5, the debate on relationship to the sea: agenda item 75 and its sub-items (a) and (b) is scheduled ‘The dark oceans were the womb of life: to take place tomorrow, 11 December 2012. I should from the protecting oceans life emerged. We also like to remind participants that statements in the still bear in our bodies — in our blood, in the commemoration should be limited to 10 minutes, as salty bitterness of our tears — the marks of stipulated in the same resolution.
    [Show full text]
  • The Future Relationship Between Small States and the United Nations
    The Future Relationship Between Small States and the United Nations Report of the Subcommittee on Constitutional Structures, Committee on United Nations Affairs, ABA SECTION ON INTERNATIONAL AND COMPARATIVE LAW * Introduction i The Secretary-General of the United Nations recently suggested that the competent organs of the Organization undertake a thorough and comprehensive study of the criteria for membership in the U.N. with a view to laying down limitations on full membership while also defining other forms of association which would benefit both the Or- ganization and those states "which have been referred to as 'micro-states', entities which are especially small in area, population, and human and economic resources, and which are now emerging as independent states." 1 Ambassador Arthur J. Goldberg, United States Representative to the United Nations, in a letter to the President of the Security Council dated December 13, 1967, joined in the suggestion made by the Secre- tary-General and expressed the belief that examination of the consider- ations presented by the Secretary-General is most likely to be fruitful if it is made in terms of general principles and procedures.' Although no formal action has been taken by the United Nations, the matter is understood to be under consideration. The purpose of this report is to review the principal considerations involved in the suggestion made by the Secretary-General. ii The structure of the world community continues to be characterized chiefly by the existence of territorially organized units, states, equal in * This is an abridged version of the report submitted to the Council of the Section on August 3, 1968.
    [Show full text]
  • Ideological Rigidity Vs. Political Reality: a Critique of Reagan's Policy on the Law of the Sea
    Ideological Rigidity vs. Political Reality: A Critique of Reagan's Policy on the Law of the Sea D. Brian Hufford* "[T]he deep seas and ocean bottoms are, and remain, the legacy of all human beings." ' These words spoken by President Lyndon Johnson in 1966 foreshadowed an international movement to protect the oceans. Sixteen years later the movement culminated in a comprehensive Con- vention on the Law of the Sea-a treaty grounded upon the principle that oceans beyond the limits of national jurisdiction are the "common '2 heritage of mankind." Despite nearly two decades of United States support for the "common heritage" principle, and the efforts behind the Convention, the Reagan Administration rejected the treaty in 1982.3 The following year the Pres- ident initiated his unilateral ocean policy with a Proclamation and an adjoining statement calling for the establishment of a 200-mile Exclu- sive Economic Zone and reiterating his view that deep seabed mining is a high seas freedom.4 Defending the rejection of the Convention, Rea- gan's ambassador to the United Nations Conference on the Law of the Sea (UNCLOS) declared: "[T]he political, economic and ideological as- sumptions which underlay the treaty are essentially antithetical to American values [and promote] a thinly disguised world collectivism."'5 * B.A., 1980, M.U.A., 1982, Wichita State University; J.D. Candidate, Yale Law School, 1985. 1. Remarks at the Commissioning of the Research Ship Oceanographer, 2 PUB. PAPERS LYNDON B. JOHNSON 722, at 724 (July 13, 1966). 2. The phrase "the common heritage of mankind" was first applied to the oceans by Ambassador Arvid Pardo of Malta, in his famous speech before the United Nations on Au- gust 17, 1967.
    [Show full text]
  • Arvid Pardo Attended the Collegio Arly Quality Was Needed
    flavor and dynamic to our work to- intense scholarly correspondences, Area and its resources are the com- gether, in which we never disagreed together with a fundamental opti- mon heritage of mankind." on substance, despite our very dif- mism and generosity toward others, The acceptance of this key provi- ferent starting points. We became enabled him to live the life of a sion of the 1982 treaty followed Am- concerned with the original context scholar rather than a "professional," bassador Pardo's continuing and of Weber's own quite radical think- and served as a reminder that the dedicated effort to obtain an over- ing on these topics and with the university could still mean what it whelmingly favorable vote for U.N. puzzle of his own sources and con- meant for Newman. His classes General Assembly Resolution 2749 text, but also with the peculiar his- were a model of Socratic dialogue, (XXV) on December 17, 1970. As tory of its reception, critique, and and he was loved by his students. the Maltese representative during transformation. The reception his- His Aristotelean sense of virtuous the early law of the sea negotiations, tory we treated in our first Weber action led him to seek out occasions where he was able to enlist the sup- book, the contextual study we de- for political action in which, to use a port of developing countries, as well tailed in our second. Studying con- Weberian phrase, compromises with as to still many of the concerns of text and, indeed, getting a feel for the devil were unnecessary.
    [Show full text]
  • The Common Heritage of Mankind: Past, Present, and Future
    Denver Journal of International Law & Policy Volume 40 Number 1 40th Anniversary Edition Article 24 April 2020 The Common Heritage of Mankind: Past, Present, and Future John E. Noyes Follow this and additional works at: https://digitalcommons.du.edu/djilp Recommended Citation John E. Noyes, The Common Heritage of Mankind: Past, Present, and Future, 40 Denv. J. Int'l L. & Pol'y 447 (2011). This Article is brought to you for free and open access by the University of Denver Sturm College of Law at Digital Commons @ DU. It has been accepted for inclusion in Denver Journal of International Law & Policy by an authorized editor of Digital Commons @ DU. For more information, please contact [email protected],dig- [email protected]. THE COMMON HERITAGE OF MANKIND: PAST, PRESENT, AND FUTURE JOHN E. NOYES* I. INTRODUCTION The international community has developed several different types of legal regimes to govern natural resources. In general terms, these include: * according states exclusive permanent sovereignty over natural resources, a system associated with territoriality; * sharing resources, as in the cases of international rivers and migratory species; * recognizing common property rights, as in the case of the high seas, where no one user has exclusive rights to resources and no one can exclude others from exploiting them, but capturing resources results in exclusive property rights; and * recognizing property as the common heritage of mankind - or, to use a more contemporary phrase, the common heritage of humankind (CH) - whereby all manage resources and share in the rewards of exploiting them, even if they are not able to participate in that exploitation.
    [Show full text]
  • Friends Newsletter No. 47, December 2009
    FRIENDS NEWSLETTER No. 47 December 2009 Contents Page EDITORIAL .................................................................................................................... 1 RECEPTIONS FOR FORMER OFFICIALS .............................................................. 3 TO TALK OF MANY THINGS, by Aamir Ali............................................................. 4 THE 90 th ANNIVERSARY REUNION , by Jack Martin............................................... 7 VISIT TO THE WTO BUILDING , by Fiona Rolian.................................................... 13 REMEMBRANCE OF THINGS PAST ........................................................................ 16-20 Dr. Guido Pardo (1874-1922): first ILO staff member to die in service, by Mary Bagazinski.......................................................................... 16 The ILO’s “Second” Nobel Peace Prize , by Jaci Eisenberg...................................... 19 WILFRED JENKS .......................................................................................................... 21-26 Speeches made at the memorial ceremony, 14 July 2009 ........................................ 21 GALLIMAUFRY ............................................................................................................ 27-35 Corazon Aquino, icon of democracy and ILO principles, by Gert Gust................. 27 International Society for Better Tomorrows (ISBET): a candid retrospection , by Darshan Khanna.......................................................................... 30 ILO
    [Show full text]
  • Why Catholic Universities Should Engage International Law
    Why Catholic Universities Should Engage International Law William P. George, Ph.D. Abstract This article argues that Catholic universities should vigorously engage inter- national law for at least three reasons. First, international law is an indispens- able dialogue partner for Catholic Social Teaching (CST). Since CST belongs in Catholic higher education, so too does international law. Second, in numerous ways and on a global scale, international law raises the very questions of unity and diversity (disciplinary, perspectival, religious, and cultural) that Catholic universities, as universities, can and must address. Third, given its secular character, international law challenges Catholic universities, as Catholic, to engage, without sacrifi ce of faith-informed intellectual commitments, what Charles Taylor calls “a secular age.” There are many compelling reasons why Catholic universities1 should emphasize Catholic Social Teaching (CST)2 and the critical is- sues with which it deals. I will not make that case here. Rather, I wish to advance a correlative educational principle and goal, namely, that Catholic universities should commit themselves to an increasingly vig- orous engagement of international law. It is fi tting that Catholic univer- sities emphasize international law for at least three reasons, each of which provides a major section heading for the pages below. William George is Associate Professor of Theology and the Director of the undergradu- ate core curriculum, Dominican University, River Forest, IL. 1 Here “universities” is meant to include colleges (in the American sense) as well. This matches the inclusive way in which Ex corde Ecclesiae uses the term. 2 This term is to be construed in the widest sense to include “Catholic social thought” and “social Catholicism.” CST thus comprises not only modern Catholic Social Teaching but also the range of thought and movements related to that teaching.
    [Show full text]