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Article

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

International Law and International Relations  

Robert J. Beck

International Law (IL) is the set of rules generally regarded and accepted as binding in relations between states and between nations. It serves as a framework for the practice of stable and organized international relations (IR). International law differs from state-based legal systems in that it is primarily applicable to countries rather than to private citizens. National law may become international law when treaties delegate national jurisdiction to supranational tribunals such as the European Court of Human Rights or the International Criminal Court. The immense body that makes up international law encompasses a piecemeal collection of international customs; agreements; treaties; accords, charters, legal precedents of the International Court of Justice (aka World Court); and more. Without a unique governing, enforcing entity, international law is a largely voluntary endeavor, wherein the power of enforcement only exists when the parties consent to adhere to and abide by an agreement. This is where IR come about; it attempts to explain behavior that occurs across the boundaries of states, the broader relationships of which such behavior is a part, and the institutions (private, state, nongovernmental, and intergovernmental) that oversee those interactions. Explanations can also be found in the relationships between and among the participants, in the intergovernmental arrangements among states, in the activities of multinational corporations, or in the distribution of power and control in the world as a single system.

Article

European Foreign Policy  

Michael E. Smith

As a research field, European foreign policy (EFP) is defined as the study of how certain European states manage their foreign policy responsibilities, whether individually, through coordinated national foreign policies, or through EU policies and institutions. EFP effectively comprises at least three major research fields: traditional foreign policy analysis (FPA) or comparative foreign policy (CFP); theories of international relations (IR) or international cooperation; and the study of European integration. The critical link between these fields involves the growing role of the EU as a major reference point for “Europe,” so much so that it is becoming increasingly difficult to distinguish EU foreign policy from European foreign policy. There are two major phases in the emergence of EFP as a research field: the first recognition of European foreign policy cooperation and some very limited conceptual innovation; and the period surrounding the advent of the Single European Act, which placed European foreign policy cooperation on a new institutional path that resulted in the reforms under the Treaty on European Union. The study of EFP expanded considerably following the negotiation of the Maastricht Treaty on European Union (TEU) of 1991. Several major empirical themes within these periods, which has persisted to the present-day EFP research agenda, include the status of EFP political influence relative to other global actors, particularly the US; a seeming disconnect between EFP procedures and substance; tensions between the economic/trade and political/security dimensions of EFP; and the relative inputs of European states versus EU institutional actors, particularly the European Commission.

Article

International Cooperation on Hazardous Substances and Wastes  

Henrik Selin

Various chemicals and heavy metals are released into the environment through industrial and manufacturing processes, agricultural use, the use of industrial and consumer goods, and the mismanagement and dumping of wastes. Such releases can cause major environmental and human health problems, both at the local level and across national borders. International cooperation can be a way of addressing the risks posed by hazardous substances and wastes. States and intergovernmental organizations (IGOs) have engaged in technical collaboration and policy-making on these issues for more than a century. Today, a host of IGOs work on policy-making and management of hazardous substances and wastes, including the International Labor Organization, the Intergovernmental Forum on Chemical Safety, and the Global Environment Facility. Multilateral cooperation on hazardous substances and wastes takes place under three separate treaties: the 1989 Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, the 1998 Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, and the 2001 Stockholm Convention on Persistent Organic Pollutants. A substantial amount of scholarly literature covers numerous issues associated with hazardous substances and wastes, such as multilateral and national waste controls, persistent organic pollutants, and regional environmental policy developments. The case of hazardous substances and wastes can be used to further investigate the characteristics of vertical and horizontal institutional linkages and linkage politics, as well as the diffusion of principles, norms, ideas, and regulatory approaches across multilateral forums and national societies.