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Treaty Law: New Trends  

Bruce Cronin

Treaties are agreements between sovereign states, and occasionally between states and international organizations. Treaties can include conventions, covenants, charters, and statutes, all of which are legally binding under international law. There are two main types of treaties: bilateral and multilateral. Bilateral agreements are concluded by a limited number of states (usually two), and typically address a narrow set of issues that are unique to specific parties and particular circumstances. Multilateral treaties, on the other hand, establish generalized principles of conduct that apply to a wide range of states without regard to the future particularistic interests of the parties or the strategic exigencies that may exist in a particular occurrence. Treaties can serve a wide variety of functions: ending wars and establishing conditions for peace; creating new international organizations or alliances; generating new rules of coexistence and cooperation; regulating a particular type of behavior; distributing resources; and initiating new rights and obligations for future relations. No single organization or agency has the authority to enforce treaty commitment. Rather, treaties can be enforced in at least two ways. First, states can use diplomatic, economic, and/or military coercion. Second, some treaties establish their own enforcement mechanisms; for example Chapter VII of the United Nations Charter grants enforcement authority to the Security Council.

Article

Utilitarianism and International Ethics  

Gerard Elfstrom

Utilitarianism is inextricably linked to international ethics. The roots of the principle of utility can be traced to the 18th and 19th centuries, when it was employed by thinkers such as David Hume. However, Jeremy Bentham first formulated utilitarianism in detail and carefully studied its implications. According to Bentham, happiness is a condition in which an individual enjoys more pleasure than pain. Because utilitarianism is focused on the welfare of the individual, state boundaries are of little consequence. Its reach is inherently global. There are different varieties of utilitarianism. What sets them apart from other ethical theories is their stipulation that whatever is of value should be maximized for all and whatever of disvalue should be minimized for all. For Bentham, pleasure is the ultimate value. Later, John Stuart Mill distinguished between higher and lower pleasures and argued that higher pleasures should be given greater weight. In the 20th century, authors such as R. M. Hare determined that maximal satisfaction of preferences is the value to be sought. The utilitarian emphasis on maximization of value and its choice of values have generated much criticism from those who espoused human rights theories, such as John Rawls and those influenced by his work. At present, the scholarly literature dealing with issues related to international ethics mostly comes from those who are committed to human rights theory or who are committed to equality of outcomes for human beings.

Article

World Trade Law  

Marc D. Froese

After World War II, a body of rules and institutions have emerged for the purpose of regulating global flows of goods and services. These are known as world trade law, classified under international economic law, an expanding body of transnational regulatory treaties and institutions. World trade law has evolved within the global trading system following the Second World War, beginning with the General Agreement on Tariffs and Trade (GATT), which came into force in 1948. The most-favored nation and national treatment principles are the most prominent principles that give world trade law its distinctive form. The World Trade Organization (WTO) provides a vast store of literature, which covers the waterfront of legal and political issues that animate the global political economy of trade. The WTO’s predecessor, the GATT, also contributed extensively to the growing body of literature on world trade law. The WTO’s inclusion of agreements on the liberalization of services, investment, and intellectual property have begun lively debates about the possible trajectories of governance in new issue areas, such as anti-dumping and intellectual property rights. In addition to the issues raised by the inclusion of many small economies in the institutions of global trade governance, the rise of world trade law has simultaneously highlighted the many areas of importance to national publics in developed economies where trade overlaps with social priorities.