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International Agreements Between Nonstate Actors as A Source of International Law

International issues that are resolved traditionally through agreements between states are managed currently through agreements between government agencies and corporate entities. Government agencies and corporate entities are nonstate actors that have no formal capacity to engage in international lawmaking. Are their international agreements a source of international law?

Can ASEAN Take Human Rights Seriously?

The adoption of the ASEAN Charter in 2007 represented a watershed moment in the organisation’s history—for the first time the member states explicitly included principles of human rights and democracy in a binding regional agreement. Since then, developments in the region have included the creation of the ASEAN Intergovernmental Commission on Human Rights in 2009 …

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The Timor-Leste/Australia Conciliation: A Victory for UNCLOS and Peaceful Settlement of Disputes

On 11 April 2016, Timor-Leste initiated a compulsory non-binding conciliation proceeding against Australia under Annex V of the United Nations Convention on the Law of the Sea (UNCLOS) on its maritime boundary dispute with Australia in the Timor Sea. On 6 March 2018, the parties signed a settlement treaty on the basis of the proposal …

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International Courts and State Compliance: An Investigation of the Law of the Sea Cases

This article investigates the effect of dispute settlement decisions under the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and whether and how states, particularly great powers, comply with these decisions. State practice suggests that an overwhelming majority of the decisions by UNCLOS dispute settlement bodies have been implemented. Significantly, not only …

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The Rise of Multistakeholder Global Governance

In the past two decades, multistakeholder partnerships have been on the rise. With the perceived failure of intergovernmental organisations to get things done, the international system has turned toward partnerships. Allowing for collaboration with private actors, they are increasingly seen as the governance model du jour. They’re praised for being democratically legitimate, thanks to their …

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Air Defence Identification Zones: Implications for Freedom of Overflight and Maritime Disputes

On November 23, 2013, China declared an Air Defence Identification Zone (ADIZ) in the East China Sea. This ADIZ overlaps with the existing ADIZs of Japan, Korea and Taiwan. The Chinese ADIZ raised concerns from various governments and commentators in the region. First, does this ADIZ violate the principle of freedom of overflight in areas …

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Ultima Thule: Prospects for International Commercial Mediation

In this paper, the author will first consider the reasons for the low rates of successful international commercial mediations, and then begin to explore what it might take to encourage the international legal and business communities to embrace mediation for international commercial disputes. Lastly, the author will introduce and examine the new United Nations Convention …

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Accordion Governance

Since the 1990s, western, developed countries have moved away from rule-making and standard-setting in multilateral intergovernmental organisations and have increasingly collaborated on those matters in clubs of developed countries, such as trans-governmental regulatory networks. Although clubs often generate rules or standards that affect developing countries, the latter have not had a voice in rule-making, resulting …

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