Documents found
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3702.More information
Accountability ans its status undoubtedly remains a vexata quaestio, when it comes down to the theory of states international responsibility. Indeed, the debate on the bases of the international responsibility deeply divided authors since the emergence of the international law as an autonomous discipline starting from second half of the 8th century. For some, the responsibility is solely based on the "iniuria", the illicit fact. For others, it is the sum of the iniuria and the mens rea. However, there is a sharp contrast between the doctrine framework and the jurisprudence apparatus. The International Law Comission wanted to avoid the controversy by asserting the principle of an objective responsibility. Thus, the debate seems to be a closed case. But a thorough examination of the articles about states responsibility adopted in 2001 shows that the psychological still remains as an important element in the theory of responsibility. This article aims to recall the origins of the controversy on the question of accountability since the Roman law until the contemporary time while passing by the doctrines of the law of nations. It also shows how the fault always survives behind the illicit fact.
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3703.More information
The resolution 61/295 containing the Declaration of United Nations on the rights of indigenous peoples can be analyzed in the light of the commitment of States both from the point of view of the instrumentum of the act and its negotium. The Member states of the United Nations are committed formally by the resolution 61/295, on the basis of the principle of the good faith which is opposable to them. Their commitment has to demonstrate a will to implement effectively the resolution. The commitment of States through the resolution 61/295 goes on in the negotium of the act because its nature is normative. On the customary ground, the commitment of States by the negotium can reach lex lata obligations or limit itself to lex ferenda propositions.
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3704.More information
The international trade law framework does not grant a specific status to water. However, recent trends lead towards subjecting water to international trade rules. In order to address this issue, it is necessary to draw attention to several legal, economic or non-economic categories which are used to qualify water under international law. State practice with respect to bulk water removals deserves to be specifically addressed since, in the context of such projects, water may be considered by States as a “good.” If so, then the World Trade Organisation (WTO) multilateral trade agreements, namely the General Agreement on Tariffs and Trade (GATT) and the General Agreement on Trade in Services (GATS), which cover trade in goods and services, respectively, would then be applicable. In this article, we will examine the limits imposed by these two treaties with respect to the management of water. The analysis of the relationship between the WTO and water must take into account the particular nature of water resources. States recognise several aspects to water, such as its social, environmental, cultural and economic aspects. Such recognition has an impact on how this resource is addressed within the context of the WTO. Even once positioned within the context of the multilateral trade system, the various facets of this resource, which go beyond its purely economic ones, must be taken into account given the parameters of the GATT and GATS.
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3705.
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3706.More information
This paper offers an interpretation of the sociological meaning of contemporary sociological theory, using as an object the remarkable concentration, in time, of a few of them (Freitag, Habermas, Archer, Beck, Giddens, Luhmann). The way they distribute within the theoretical field sheds light on the very conditions that made possible the postclassical renewal of sociological theory. It brings into the open a new distribution where they appear as various ways to reconcile with the estrangement of society, thus rendering obsolete the opposition characterising the field of classical sociology, between theories emphasising the conflictual production of society versus those insisting on its actual or historical unity. Indeed, all contemporary grand theories can be situated between two poles and on the same plane, as the respond to the (undisputed) fact that society escapes us, and as they differ according to their interpretation of this estrangement and proposal toward reconciliation with it.
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3710.More information
In this almost 1,200-page book, economist Thomas Piketty explores the ideological and political foundations of economic and social structures through a historical and comparative lens. It is about unravelling the relationships between politics and the economy in time and space, in order to understand how “unequal regimes” are established, transformed or perpetuated. After demonstrating the exacerbation of socio-economic inequalities over the past thirty years, he suggests solutions for a socially fairer model of development.