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This chapter discusses the political and diplomatic control of the implementation of international decisions by quasi-judicial bodies. It covers the follow-up procedures of the Human Rights Committee, the African Commission, and the Inter-American Commission, highlighting the challenges and effectiveness of these mechanisms. The chapter examines the role of states, international organizations, and civil society in ensuring compliance with international human rights decisions, the strategies for overcoming obstacles to implementation, and the impact of political and diplomatic efforts on the protection of human rights. It also discusses the need for enhanced cooperation and coordination among various actors to improve the effectiveness of these follow-up procedures.
This chapter examines the universal system for the protection of human rights, focusing on the permanent organs of the United Nations (UN) and specialized human rights bodies. It explores the roles and functions of these organs, including the General Assembly, Security Council, Economic and Social Council, International Court of Justice, and the Secretary-General, as well as various human rights treaty bodies and special procedures. The chapter discusses the challenges and opportunities in the universal human rights system, highlighting the importance of international cooperation and the role of UN mechanisms in promoting and protecting human rights worldwide.
During outbreaks of diseases like cholera, HIV/AIDS, H1N1, and Ebola, governments often impose international border restrictions (for example, quarantines, entry restrictions, and import restrictions) that disrupt the economy without stopping the spread of disease. During COVID-19, international travel restrictions were ubiquitous despite initial World Health Organization recommendations against such measures because of their limited public health benefit and the potential for imposing a range of harms. Why did governments adopt these measures? This article argues and finds evidence that governments use international border restrictions as security theatre: ‘measures that provide not security, but a sense of it’. Quantitative analysis of original data on states’ first border restrictions during the pandemic suggests that behaviour was not just driven by the risk of COVID-19 spread. Instead, nationalist governments, which are likely to be attracted to policies associating disease with foreigners, were more likely to impose border restrictions, did so more quickly, and adopted domestic measures more slowly. A case study of the US further illustrates the security theatre logic. The findings imply that overcoming or redirecting governments’ attraction to security theatre could promote international cooperation during global health emergencies.
The reform of the international financial and tax systems has been at the center of global debates in recent years –in the United Nations, the World Bank, the International Monetary Fund, the OECD and the G20. The fourth United Nations Conference on Financing for Development that will take place in Spain in 2025 also represents a great opportunity to enhance global cooperation in this area. This Element analyzes six elements of the global financing for development agenda, which are dealt with in individual sections: the role and evolution of development financing; the international monetary system; sovereign debt restructuring; international tax cooperation; international trade; and critical institutional issues. Although focusing on the international agenda, many of these issues have domestic implications for developing countries. The analysis covers both the nature of cooperation and recommendations on how to improve it. This title is also available as Open Access on Cambridge Core.
This article focuses on the G7’s Hiroshima AI Process (HAIP) and its flagship document, the Hiroshima Code of Conduct, as pivotal elements in shaping global artificial intelligence (AI) governance. By conducting a comprehensive analysis of AI regulations in G7 member states, the article demonstrates a high degree of interoperability between these national frameworks and the Code of Conduct’s principles. The article proposes concrete steps to translate these principles into actionable policies at the G7 level and develops strategic adjustments to incorporate them into national standards. The article then proposes enhancements to the Code of Conduct, including the development of a common AI governance vocabulary, robust risk management frameworks, life cycle standards harmonization, effective stakeholder engagement mechanisms, specific redress mechanisms for AI harms and guidelines for government AI use to ensure democratic principles and human rights are upheld. Ultimately, this research aims to strengthen the G7’s role in leading a global AI landscape characterized by the rule of law, democracy, and human rights.
This paper considers the goals of regulators in different countries working on regulating online platforms and how those varied motivations influence the potential for international coordination and cooperation on platform governance. different policy debates and goals surrounding online platform responsibility. The analysis identifies different policy goals related to three different types of obligations that regulators may impose on online platforms: responsibilities to target particular categories of unwanted content, responsibilities for platforms that wield particularly significant influence, and responsibilities to be transparent about platform decision-making. Reviewing the proposals that have emerged in each of these categories across different countries, the paper examines which of these three policy goals present the greatest opportunities for international coordination and agreement and which of them actually require such coordination in order to be effectively implemented. Finally, it considers what lessons can be drawn from existing policy efforts for how to foster greater coordination around areas of common interest related to online platforms.
The world has muddled through with limited and ambiguous understandings of the scope of national jurisdiction in a number of private and public law areas. In order to reduce the barriers of legal difference in the field of platform responsibility, states may begin by reducing areas of overlapping application of law, by agreeing on rules of exclusive jurisdiction. They may also agree on rules of national treatment, most favored nation treatment, and proportionality, or they may agree to harmonize rules. These incursions on national regulatory autonomy will require detailed, sector-specific negotiations, recognizing both the importance of global communications, and the importance of national regulatory autonomy.
Technology is of increasing importance for international cooperation, yet theory development in rationalist International Relations has not kept pace. I develop a theoretical framework for explaining cooperative outcomes in the international regulation of technology. I propose that uncertainty and the distribution of material capacities create a severe international collective action problem for novel technologies, which precludes robust cooperative outcomes and thus limits joint gains from the appropriation of technological benefits and from the mitigation of technological risks. While the severity of the collective action problem attenuates over time, in principle enabling greater ambition in cooperative outcomes, sociotechnical lock-in reduces the capacities and incentives of state actors to deviate from pre-existing rules. This leads to incremental change whereby rules harden over time but do not change significantly in terms of their regulatory substance. While early regulatory interventions are hampered by collective action problems, late interventions are constrained by lock-in. These temporal dynamics create a tendency towards systemic inefficiency in international technology regulation. I illustrate this argument using the cases of nuclear power and synthetic biology.
Chapter 13 focuses on Luxembourg, which sits near the top of several regional and international indexes for ICT development, digital economy and society, and technological readiness, and hosts an impressive and growing number of data centres along with the regional or global headquarters of major internet and e-commerce players. The country’s small size, highly connected nature and financial strength translate into the active cooperation of service providers in criminal investigations in both domestic and cross-border situations. Drawing on interview-based research, this chapter provides an international audience with a targeted overview of the Luxembourg legal framework, the ways in which it has adapted to developments at the international and EU levels (Budapest Convention, European Investigation Order, Law Enforcement Directive) and the practical as well as legal challenges relating to the various forms of cooperation between service providers and law enforcement authorities. It offers a comprehensive, up-to-date picture of national data retention rules and discusses the potential impact of the new European Production Order on service providers in Luxembourg.
Authored by leading scholars in the field, this handbook delves into the intricate matter of digital evidence collection, adopting a comparative and intra-disciplinary approach. It focuses specifically on the increasingly important role of online service providers in criminal investigations, which marks a new paradigm in the field of criminal law and criminal procedure, raising particular challenges and fundamental questions. This scholarly work facilitates a nuanced understanding of the multi-faceted and cross-cutting challenges inherent in the collection of digital evidence, as it navigates the contours of current and future solutions against the backdrop of ongoing European and international policy-making. As such, it constitutes an indispensable resource for scholars and practitioners alike, offering invaluable insights into the evolving landscape of digital evidence gathering.
This study investigates the public health implications of terrorist attacks on telecommunications infrastructure globally, assessing the direct and indirect impacts on emergency response and medical services.
Methods
Utilizing retrospective analysis, this research delves into incidents recorded in the Global Terrorism Database (GTD) from 1970 to 2020. The study employs descriptive statistical methods to identify patterns and examine the regional distribution and frequency of these attacks, alongside the types of weaponry used and the direct casualties involved.
Results
The analysis underscores a significant focus on telecommunications by terrorist groups, revealing a frequent use of high-impact weapons like explosives and incendiary devices aimed at maximizing disruption. The study highlights considerable regional variations in the frequency and nature of attacks, emphasizing the strategic importance of these infrastructures to public safety and health systems.
Conclusions
The findings demonstrate the critical need for robust security enhancements tailored to regional threats and the integration of advanced technologies in public safety strategies. The research advocates for enhanced international cooperation and policymaking to mitigate the impacts of these attacks, ensuring telecommunications resilience in the face of global terrorism.
Do recent increases in women’s representation around the world have implications for international relations? We argue that greater representation of women in legislatures increases the likelihood of human rights treaty ratification for two reasons. First, given their shared gendered experiences of exclusion and discrimination, women legislators will advocate on behalf of marginalized groups on an international scale as transnational surrogate representatives. Second, women legislators may be more inclined to prioritize the ratification of human rights treaties because these treaties align with their domestic policy preferences, which aim to support marginalized groups. We contend that, in countries where ratification depends upon legislative approval, legislatures are more likely to ratify human rights treaties as women’s presence increases. Using an original dataset of 201 multilateral treaties, we find that countries become more likely to ratify human rights treaties as levels of women’s legislative representation increase.
The Anglo-Dutch bombardment of Algiers on 27 August 1816 indicated how, after the Congress of Vienna, a new order based on collective security was taking shape, not just on the continent, but also in the Mediterranean Sea. This chapter suggests that 1816 was a moment of departure from past traditions and signified the creation of a new Mediterranean order. Defining features of that order – such as modes of cooperation, the linkage to the Congress System, the use of security as a legitimizing discourse and the important roles of smaller and non-European powers – all came into play during the Anglo–Dutch bombardment. Additionally, this Anglo–Dutch cooperation shows how various states took the lead in the fight against piracy, dependent upon the situation. There was not a single naval hegemon who executed the repressive effort. At this early stage, smaller powers initially drove the repression of ‘Barbary piracy’, later to be followed by Great Britain, Russia and France. The effort became a truly pan-European reorganisation of security in the Mediterranean.
Chapter 1 begins with a brief sketch of the development of the domestic nuclear energy sector in South Africa (1950–1977). It illuminates how scientists were able to tap into sources of cooperation and funding to advance the nuclear energy industry during the 1960s and 1970s, following the Ploughshare Programme initiated under US President Eisenhower’s Atoms for Peace initiative. Part of this chapter is devoted to the cooperation between South African, French and German firms. Recently obtained primary sources show how these collaborations enabled apartheid scientists to realize their vision of erecting the nuclear infrastructure to produce enriched uranium locally, ultimately feeding their nuclear weapons. I show how internal South African opposition to subjecting its nascent nuclear infrastructure to the emerging global non-proliferation regime manifested itself during that period, with repercussions for the coming decades.
The potential for mutual influence or “spillover” between economic and security cooperation is a long-standing area of interest for policymakers and scholars alike. This paper examines how network dynamics affect spillover. We focus on two prominent types of formal bilateral cooperation—defense cooperation agreements (DCAs) and bilateral investment treaties (BITs)—both of which have proliferated dramatically in the post-Cold War international system. We argue that existing theoretical and empirical approaches to economic-security spillover focus too strictly on influences at the bilateral level. As with other forms of international cooperation, BITs and DCAs comprise larger international networks. Governments develop portfolios of BITs or DCAs with distinct structural goals in mind, and they implement specific strategies in pursuing those goals. With BITs, governments follow a network-hierarchy strategy that allows them to influence treaty design and protect their firms. In DCAs, governments instead favor a network-community strategy focused on pooling collective security goods among groups of like-minded collaborators. When these network strategies complement one another, they promote cooperative economic-security spillover. When they conflict, however, they inhibit spillover, such that cooperation in economic or security issues discourages cooperation in the opposing issue area.
As an essential player of global climate change governance, China has been proactive in climate change policymaking and has improved its climate governance through progressive policy measures and institution building both domestically and internationally. This shows China’s transformation from a norm-follower to a positive participant and further normative contributor to global climate change governance. Particularly, China has steadily exerted its influence on global climate change governance by adopting two governance approaches – a top-down governance approach and a multi-stakeholder engagement approach – in union. With Chinese corporations and financial institutions’ evolving participation in green investment and agenda-setting in global climate governance, China’s mixed governance approach can further improve its climate governance regime from a state-led climate governance system to a co-governance system. Through a more flexible framework with the involvement of different actors, China and other leading partners can create a broader foundation for policy cooperation to accelerate the reduction of carbon emissions and raise climate ambitions collectively.
Global health law has been a focus of debates since the outbreak of the Covid-19 pandemic. This chapter examines global health law in the face of Covid-19, with the focus on China. It answers the accountability question and finds that China has fulfilled its obligation of notification under the World Health Organization (WHO) International Health Regulations 2005, yet the current international health governance is facing great challenges. The chapter argues that international cooperation should be a duty under the global health law, and therefore that more effective global health governance should be in place, especially with a binding mechanism to ensure a global response strategy in case of a future public health crisis.
This article presents the mapping of horizons scanning systems (HSS) for medical devices, conducted by the Medical Devices Working Group of the International Horizon Scanning Initiative (IHSI MDWG). It provides an overview of the identified HSS, highlights similarities and differences between the systems, and lessons learned.
Methods
Potentially relevant HSS were identified through literature searches, scan of an overview of EuroScan members, and input from the IHSI MDWG members. Structured information was collected from organizations that confirmed having an HSS for medical devices.
Results
Sixteen initiatives could be identified, of which 11 are currently ongoing. The purposes of the HSS range from raising awareness of trends and new developments to managing informed decisions on innovative health services in hospitals. The time-horizon is most often 3 years up to a few months before market entry. Three models of identification of new technologies crystallized: a reactive (stakeholders outside HSS inform), a pro-active (actively searching multifold sources), and a hybrid model. Prioritization is often conducted by separate committees via scoring or debate. The outputs focus either on in-depth information of single technologies or on a class of technologies or on technologies in specific disease areas.
Conclusions
The identified HSS share the common experience that horizon scanning (HS) for medical devices is a resource-intensive exercise that requires a dedicated and skilled team. Insights into the identified HSS and their experiences will be used in the continued work of the IHSI MDWG on its proposal for an IHSI HSS for medical devices.
This article challenges the orthodox view of international law, according to which states have no legal duty to cooperate. It argues for this legal duty in the context of COVID-19, based on the ethical principles of solidarity, stewardship, and subsidiarity. More specifically, the article argues that states have a legal duty to cooperate during a pandemic (as solidarity requires); and while this duty entails an extraterritorial responsibility to care for and assist other nations (as stewardship requires), the legal duty to cooperate still allows states to attend first to the basic needs of those under their own jurisdiction—namely, fellow nationals and residents (as subsidiarity requires). The article provides a definition and philosophical justifications for this legal duty that are lacking in the literature by examining its application to a current COVID-19 controversy: namely, states’ responsibility to assist other countries in greater need by, inter alia, exporting at a discount or donating scarce COVID-19 treatments (including vaccines). In providing a principled tripartite account of pandemic governance, this conceptual and normative article offers a new lens for debating the potential international treaty for pandemic prevention, preparedness, and response that has now been drafted and is under negotiation at the World Health Assembly, by responding to the recent backlash against multilateralism by substantiating global co-responsibilities in times of pandemics and beyond.