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International Journal of Public Law and Policy

Subject:
Law
Publisher:
Inderscience Publishers
Inderscience Publishers
ISSN:
2044-7663
Scimago Journal Rank:
4
journal article
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Return to mercantilism: farm subsidies and the WTO order

Brashier, Andrew E.

2011 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2011.043853

The US Congress is currently debating the replacement of the 2008 Farm Bill. Billions of taxpayers’ dollars are currently spent on corporate ‘agribusiness’ farms to the harm of third-world farmers and true free trade. This policy of protectionism wreaks havoc on the international economy and should be ended. Farm subsidies serve to only benefit corporate welfare and hurt the small farmers politicians claim to want to protect. Furthermore, the WTO’s current dispute resolution mechanism only serves to return the global economy to mercantilism rather than free trade. Since an instant termination of farm subsidies is impracticable, a gradual reduction is recommended.
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Protection of journalistic sources in Maltese Law: an appraisal from the viewpoint of the European Convention of Human Rights

Aquilina, Kevin

2011 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2011.043854

This paper examines Maltese Law on the protection of the confidentiality of journalists’ sources as a key ingredient of freedom of expression as protected by Article 10 of the European Convention on Human Rights. It observes that in Malta journalists do not enjoy an absolute privilege as to protection of sources’ identity. On the contrary, Maltese Law provides in certain cases a qualified privilege for protection of journalistic sources whereas in other cases no protection at all is afforded. The European Court of Human Rights’ case law is discussed to ascertain how this privilege is interpreted by the Court. The analysis suggests that in its case law the Court gives paramount importance to non-disclosure of journalistic sources except in the case of an overriding requirement in the public interest. The paper ends by recommending how Maltese Law can be improved in the light of Article 10 of the Convention.
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Judicial propriety in advisory opinions of the International Court of Justice

Basaran, Halil Rahman

2011 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2011.043855

This paper’s focus is on a certain aspect of the Advisory Opinion: The Consistency of the Court with Regard to Judicial Propriety. Apart from the Eastern Carelia and the Legality of the Use by a State of Nuclear Weapons in Armed Conflict cases, the Court has always issued its opinion on request. The Court has, whatever the objections, opted for the issuance of opinions. It has consistently followed its own precedent of never finding an obstacle concerning judicial propriety. In that regard, some indications about the term judicial propriety have been given by some advisory opinions. Still, it is not exactly defined. In that connection, the paper engages in that definition and the argument is advanced that judicial propriety is a broad umbrella-concept.
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Gender and sexual crimes before ad hoc international criminal tribunals

Szpak, Agnieszka

2011 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2011.043856

Rape has been regarded as a weapon of war, a tool used to achieve military objectives such as ethnic cleansing, genocide, spreading political terror, breaking the resistance of a community, intimidation or extraction of information. The 1949 Geneva Conventions do not refer to acts of sexual violence as a ‘grave breach’. The 1990s saw the establishment of the two flagship international criminal institutions – the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) as well as codification of rape and other sexual violence as among the gravest international crimes in the Rome Statute of the International Criminal Court. The purpose of this paper is on the one hand to point to the achievements of the ad hoc international criminal tribunals in the recognition of gender crimes as war crimes, crimes against humanity and genocide and on the other, to indicate that there have been some mischaracterisations and misunderstandings in their jurisprudence, particularly as to the issue of consent of the victim of rape as definitional element of that crime.
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Offshore wind energy and the rules of international law: phasing out nuclear power

Anyanova, Ekaterina

2011 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2011.043857

Climate change and global warming are serious problems that necessitate such solutions as for example alternative methods of energy production including wind energy. Offshore wind parks construction, which is considered to be more beneficial than construction of those on land, is a relatively young sphere in the alternative methods of energy production. Although the main basics for its regulation on the international level are contained in the United Nations Convention on the Law of the Sea (UNCLOS), 1982, more detailed regulation on the international level still fail.
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Gold standard: net costs or net benefits for modern economies?

Păun, Cristian ; Topan, Vladimir

2011 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2011.043858

The current financial crisis reopened the discussions around the sound reforms that should be addressed to the modern economies. The actions that should be taken in order to create a more stable global system are based on the concept of sound money, the existence of central banks and the characteristics and objectives of monetary policies. One of the most sensitive problems of modern economies and source of economic cycles is the fiat money used as medium of exchange and administrated by central banks without having an objective criterion to establish the necessary quantity of money. This paper will discuss the characteristics of sound money, the explanations of the evolution from gold standard toward fiat money and the main economic critics against a possible reintroduction of gold as medium of exchange as a solution to the current high financial instability.
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A conceptual framework to study the country of origin effect on international higher education services

Nicolescu, Luminiţa

2011 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2011.043859

The present paper envisages applying an international marketing specific concept, namely the country of origin effect (COE) to a knowledge-based type of service, respectively higher education services, for the purpose to illustrate the existence of a relationship between the two and to propose a conceptual framework to study this relationship. The paper will advance a conceptual framework, formed of a model plus a number of research propositions, that will allow studying the impact of the dimensions of the country of origin effect (COE) on higher education services at international level. The framework is a useful instrument to explore the relationship between national stereotypes and evaluations based on the country of origin in the case of higher education.
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