bluuebunny/crossref_metadata_2025 huggingface dataset:
Paradiplomacy: Reflections on the Foreign Policy and International Relations of Regions
Authors:   Lecours
Published: November 2003

The study of paradiplomacy, concerning the international activity of regional governments, opens the door to a new set of actors and issues for international negotiations. A theoretical framework based in historical institutionalism is established and several examples of paradiplomatic activity are described. The article reflects on these new international actors, external-internal linkages, and expanding the boundaries of the field of international relations and negotiation.
The Philosophy and Methodology of Ambassador Dennis Ross as an International Mediator
Authors:   Bebchick
Published: November 2003

This article explores the mediation efforts of Ambassador Dennis Ross, who served for a decade as a key facilitator in the delicate and difficult peace negotiations between Israel and the Palestinians. The salient elements of Ross's mediation techniques, as applied in a variety of situations, are described and assessed in this case study. Ross's techniques are divided into nine categories: empathizing, building trust, creating movement, disaggregating issues and symbols, generating creative options, using deadlines effectively, equalizing a power imbalance, establishing confidentiality, and being a fair broker. Ross's uses of these methods provide valuable insights into the conduct of high-stakes intervention in complex international disputes. Both the requisites and limits of such international intervention are explored, and Ross's approach is compared with those advocated by scholars in the field. Finally, the article examines why the American effort failed to capitalize upon a series of interim agreements to achieve a final settlement. While Ross is a self-described intuitive mediator, his methods merit careful study, as most are of general utility and application.
An American's View of a U.S. Negotiating Style
Authors: McDonald
Published: November 2003

No Abstract
The United Nations Conference on the Human Environment
Authors: McDonald
Published: November 2003

No Abstract
American Postures in Multilateral Negotiations
Authors: Rikhye
Published: November 2003

No Abstract
Negotiations and Power Asymmetries: The Cases of Bosnia, Northern Ireland and Sri Lanka
Authors: Jensen
Published: November 2003

Ethnic conflict, as illustrated by the cases of Bosnia-Herzegovina, Northern Ireland, and Sri Lanka, has been difficult to negotiate due to the power asymmetries involved and the general belief of national governments that such issues should be solved through the political process. Although external, ethnic-linked groups can help address some of the problems of power asymmetry, they can also complicate the process. Changing power structures in an increasingly multicentric world may create an environment in which successful resolution of ethnic violence becomes more likely, but democracy impacts both positively and negatively upon such an outcome.
Trying Again: Power-Sharing in Post-Civil War Lebanon
Authors: Hudson
Published: November 2003

The paper situates Lebanon in the context of consociationalist theorizing about politics in deeply divided societies. It suggests that none of the four prevailing models of Middle Eastern political systems (liberalism, patrimonial, nationalist-authoritarian, and corporatist) explicitly addresses vertical solidarist formations. Consociationalism attempts to do so, but Lebanon's experience with it has yielded negative as well as positive results. The paper reviews the contradictions of Lebanon's recent history, examining first ``the golden age'' and then the era of the civil war and the ``militia republic'' (1975–1990). It then analyzes the ``Ta'if Accord'' which provided the basis for a post-civil war reconstruction, and while it notes some institutional improvements (hence the designation of the agreement as ``consociationalism-plus'') it expresses skepticism whether the provisions in Ta'if that call for the gradual elimination of political confessionalism will be implemented. The paper draws attention to the presence of external players on the Lebanese scene, especially Israel and Syria, and discusses the two post-civil war parliamentary elections in 1992 and 1996. It concludes that Lebanon's political recovery has been only partly successful.
Conflict Management and the Oslo Experience: Assessing the Success of Israeli–Palestinian Peacemaking
Authors: Bercovitch
Published: November 2003

The Oslo experience and the signing of an agreement between Israel and the PLO is used as an empirical case study to highlight the nature of successful mediation in international conflicts. To provide a structure for the analysis, the concept of intractable conflicts and their management is utilized. Factors affecting the mediation of intractable conflicts are grouped into two clusters: (a) contextual factors and (b) process factors. The paper focuses on the changing balance of contextual factors and how these created a ripe moment for mediation, and on the particular way the mediation process was carried out. Timing, ripeness and secrecy are identified as the crucial variables that produced the breakthrough in Oslo.
Ripeness Theory and the Oslo Talks
Authors: Pruitt
Published: November 2003

Readiness theory, an adaptation of ripeness theory, helps to resolve some problems with the latter set of ideas. Readiness theory holds that all kinds of progress toward conflict resolution result from the existence, on both sides, of: motivational ripeness (motivation to achieve de-escalation) and optimism about finding a mutually acceptable agreement. The motivational ripeness that led to the Oslo agreements resulted from the circumstances that obtained in the Middle East just prior to the talks. But optimism mainly developed during the talks themselves, by a circular process that involved: a steady growth in working trust, a perception that the other side was represented by a valid spokesman, and perceived common ground. Given the high level of motivational ripeness on both sides, good offices by a small country – Norway – were exactly what was needed. The critical elements of the Norwegian intervention were: assurance of absolute secrecy, provision of facilities that encouraged intimacy between the delegates, and arranging for meetings over a long enough period of time for the components of optimism to emerge and a possible agreement to be developed. Another source of the Oslo breakthrough was the existence of several critical bridge people prior to the emergence of the motivationally ripe moment.
Much Ado About Nothing? The Refugee Working Group and the Perils of Multilateral Quasi-negotiation
Authors: Brynen
Published: November 2003

Among the various negotiations that comprise the multilateral component of the Middle East peace process, the Refugee Working Group faces perhaps the most intractable and sensitive issue of all: the Palestinian refugee question. The experience of the RWG can best be described as one of ``quasi-negotiation,'' in which discussion among the parties has been hampered by differing views as to the role of the working group, and indeed whether it even represents a forum for negotiation. The implications of RWG's insertion in a broader system of linked negotiations is also explored, as is the impact of domestic constraints on the participants, and various efforts by the Canadian ``gavel-holder'' of the RWG to break the political stalemate within the group. Finally, the article concludes by assessing the potential role of mediation and multi-track diplomacy in addressing this sensitive issue.
Training in Conflict-Habituated Systems: Lessons from Cyprus
Authors: Diamond
Published: November 2003

For several years, a consortium of organizations has been delivering training workshops in conflict resolution to individuals from both communities on Cyprus. The result is a broadly-based, multi-track citizen peacebuilding movement that involves hundreds of Greek and Turkish Cypriots in bi-communal training, dialogue and cooperative activity. This set of workshops is grounded in a theory of practice that holds conflict resolution to be a transformational process engaging peoples' hearts and minds, and addressing the deep-rooted patterns that characterize conflict-habituated systems.The article posits six ways the training operates as a systems' intervention: as a forum for learning, where learning itself becomes a meta-goal; for capacity building, where useful skills become resources for peacebuilding; for dialogue, where participants have a safe space for engaging each other on subjects of critical interest; for community building, where people form alliances and deep bonds as a human infrastructure for peacebuilding; for modeling, where the training staff demonstrates the principles and practices it teaches; and for culture change, where the culture created in the learning community acts as an agent of change within the culture of the conflict-habituated system. This article discusses critical training issues relevant to the Cyprus project, including cultural appropriateness, linkages to Track One initiatives, evaluation, and lasting effects of the program. Lessons are drawn out that can be useful in other conflict-habituated systems.
Conflict Management Training: A Transformative Vehicle for Transitional Democracies
Authors: Shonholtz
Published: November 2003

In the past several years, the profession of conflict and change management has emerged in former communist countries. Three different types of conflict have surfaced: those long suppressed or fostered by the repressive arm of the communist state; those that emerged as part of the transition process from one political and economic order to the present one; and, those that are inherent to democracy and market economies. This article focuses on the management of these conflicts and the incorporation of conflict management methodologies as a factor in building democratic institutions with examples from Partners for Democratic Change's National Center in Hungary.
Using Simulation as a Tool to Teach About International Negotiation
Authors: Kaufman
Published: November 2003

This article focuses on the use of simulations as a tool to teach students about international negotiations. The basic premise is that simulations can be an effective teaching tool because they engage students and make them active participants in the learning process. The objective of these simulations is not to train students to be professional negotiators, but rather to provide a solid grounding which will enable them to better understand the process of international negotiation. Although there can be problems associated with using simulations, I argue that the benefits far outweigh the drawbacks. In this article, ICONS, a computer-assisted simulation of international negotiation, is compared with different approaches to teaching about international negotiations, including other simulations which do not involve the use of technology.
Conflict Resolution Training in the Middle East: Lessons to be Learned
Authors: Abu-Nimer
Published: November 2003

Based on several recent conflict resolution training workshops conducted in the Middle East, the article examines some of the obstacles and challenges which face trainers in terms of: (a) utilization of certain training approaches; and (b) transferability of certain Western conflict resolution concepts and tools, to other contexts. While not claiming to provide comprehensive answers to these challenges, the article presents some guidelines on how to integrate local and traditional experiences of dispute resolution in the training, thereby increasing its effectiveness.
Exchange and Reciprocity in International Negotiations
Authors: Larson
Published: November 2003

Although international relations often involves a trade of favors or services, political scientists have not often used exchange theory. Social exchange is motivated by the prospect of mutual gain. The exercise of power entails exchange of needed resources for compliance with the influencer's wishes. The timing of repayment and explicitness of obligation are important dimensions of exchange that vary by issue area and relationship. In sequential exchange, the party that moves first risks being exploited and must therefore trust the other. The parties to an exchange may either leave open or specify what the other should do in return. Reciprocity refers to exchanges which are mutual and perceived by the parties as fair. It is difficult to determine whether exchanges are reciprocal without a common measure of value. Norms and customary expectations determine what is considered fair when there is no standardized measure of value. In negotiations, there are several competing principles of justice. Reciprocity requires that concessions be matched; it does not mean that their magnitude must be equal.
Exchange Theory and International Relations
Authors: Baldwin
Published: November 2003

Depicting social behavior as a kind of exchange has deep historical roots. Although many social science disciplines have used exchange models, students of international relations have been slow to apply such models to their subject. Many topics of interest to international relations scholars could be usefully treated by way of social exchange theory. Such topics include resource allocation, power, burden-sharing, foreign aid, dependency, institutions, and bargaining. The potential contribution of the exchange perspective to understanding of these topics has yet to be realized.
Reciprocity in Recurring Crises
Authors: Leng
Published: November 2003

Reciprocal behavior is understood as responses in kind and magnitude to both positive and/or negative actions. Four propositions that attempt to explain the presence of reciprocal behavior in interstate conflict are examined: (1) adherence by states to a norm of reciprocity, (2) Dupréel's theorem that as rivalries mature, states are more and more likely to imitate each other's behavior, (3) locking-in to escalating conflictual actions in a conflict spiral, and (4) the use of Reciprocating influence strategies, based on tit-for-tat, to elicit cooperation. The propositions are examined in 12 recurring militarized crises within the post-World War II rivalries of the United States and Soviet Union, India and Pakistan, and Israel and Egypt. The analysis employs events data from the BCOW data set, along with qualitative analyses of individual crises. The findings provide indirect support for the influence of the reciprocity norm, even within highly contentious situations. No evidence is found to support Dupréel's proposition. The presence of a true conflict spiral appears in only one of the 12 crises. The effectiveness of Reciprocating influence strategies receives support consistent with that found in other studies of influence strategies in militarized crises.
Rethinking the Notion of Reciprocal Exchange in International Negotiation: Sino-American Relations, 1969–1997
Authors: Lepgold  , Shambaugh
Published: November 2003

Intuition takes us only so far in understanding the particular obligations that states presume in reciprocity relationships. As a result, we know fairly little about who owes precisely what to whom, and on what schedule. Two polar patterns, specific and diffuse reciprocity, have been identified that answer these questions. Yet in some relationships, the parties do not expect one-for-one exchanges (the pattern that characterizes specific reciprocity) or exchanges very loosely matched in terms of both equivalence and value (the pattern that characterizes diffuse reciprocity). In this article, we develop a general explanation of the causes and consequences of reciprocal exchange. We argue that actors' expectations about time horizons and the degree to which they anticipate a reliable stream of benefits from a relationship drive their assumptions about the value and timing of trades, creating four distinct patterns of reciprocal exchange. This argument helps us understand how actors perceive their obligations, others' obligations, and thus, the content of cooperative and noncooperative behavior. Differentiating these types also allows us to infer what is likely to serve as effective bargaining leverage across situations. We use this argument to interpret the past three decades of Sino-American relations. While there is a large literature on this relationship, our argument illuminates the sources and consequences of various sets of expectations by each party over time.
Social Exchange Theory: Premises and Prospects
Authors: Druckman
Published: November 2003

An exchange perspective places the study of international relations in a framework of negotiation. Central to this perspective are issues of equivalence (fairness) and contingency (responsiveness). The challenge for international actors is to define a precise medium for exchange. The more precise the medium, the less likely actors will misperceive each other's moves. But, the more precise the medium (as in quid-pro-quos) the less likely will actors explore their relationships. The function of exchange processes for regulating relationships is contrasted to problem-solving processes that can lead to changed (and improved) relationships. These issues are discussed in relation to the articles in this issue. Among the themes emphasized by the authors are the idea of calculating actors, the universality of the reciprocity norm, and alternative conceptions of exchange processes. Several conceptual and operational dilemmas for exchange analysis are discussed followed by an agenda of twelve topics for further research.
Negotiations in the European Union: The 1996 Intergovernmental Conference
Authors: Lodge
Published: November 2003

The 1996 IGC marked an important stage in the process of creating an ever closer union among the states of Europe. The IGC had a distinctive mandate and objective, but its agenda, it will be argued, was permeable and both affected and was affected by the agenda of the EU's ongoing business. This article puts the 1996 IGC in context, examines its contribution to EU constitution-building, scrutinizes the nature, actors and characteristics of EU and IGC negotiating processes, and examines factors that make for successful negotiated outcomes. It argues that the IGC has a vital constitutional function to perform, and that it has a legitimization function in respect of the deepening of European integration.
Crafting the Common Will: The IGC 1996 from an Austrian Perspective
Authors: Melchior
Published: November 2003

The article analyzes the negotiations that took place within the framework of the Intergovernmental Conference (IGC) 1996/97, which led to the modification and amendment of the founding treaties of the European Communities. Taking as an example the Austrian case, the interaction between the various actors at national and international levels is reconstructed. The ``intergovernmental approach'' to the analysis of decision-making mechanisms in the EU is thereby criticized; the negotiations did not follow the logic of state power and multilateral bargaining, but rather a ``logic of mutual adaptation of expectations and positions.'' It is argued that the resulting Amsterdam Treaty represents a ``common will'' rather than a diplomatic bargain between sovereign states.
Introduction
Authors: Weiss  , Tinsley
Published: November 2003

No Abstract
Adopting a Dual Lens Approach for Examining the Dilemma of Differences in International Business Negotiations
Authors: Kwak  , Curhan  , Tinsley
Published: November 2003

International business negotiations are characterized by two levels of differences beyond those found in domestic business negotiations: individual level differences (in negotiator priorities, preferences, perspectives, and scripts) and societal level differences (in national endowments, preferences (tastes), legal, economic and political systems, and government involvement). These differences, which may be viewed by adopting a dual lens approach, include both micro/individual and macro/environment level differences. Moreover, these differences are both beneficial and costly to international negotiations, hence resulting in a dilemma of differences. This article examines both sides of the dilemma and concludes by offering negotiators advice on how to manage the differences inherent to international business exchange.
Communicative Conflict in Intercultural Negotiations: The Case of American and Japanese Business Negotiations
Authors: Kumar
Published: November 2003

This article explores the origins and implications of differences in communicative goals in an intercultural negotiation setting. The basic thesis is that while American and Japanese business people may be united in their ultimate goal of arriving at an agreement, the processes by which they do so are different, and this difference makes it hard to conclude an agreement. Differences in the process of negotiation are reflected in the differences in communication goals that are pursued by both parties. This article attempts to analyze the implications of these differences in the crucial first interactions that take place between American and Japanese business people. A social cognitive model is developed to explore the dynamics of cross-cultural negotiations.
When the Weak Confront the Strong: Justice, Fairness, and Power in the Israel-PLO Interim Talks
Authors: Albin
Published: November 2003

Most international negotiations involve asymmetrical parties, and raise issues of justice and fairness at different stages. This article is an empirical analysis of the role played by ethical conceptions and stark power inequalities in the Israel-PLO interim talks from 1993 to 1997. It focuses on the negotiations over water resources and economic relations. Israel's superior bargaining strength ensured that the country's security interests and notions of fairness influenced the process substantially. However, the negotiations cannot be understood merely in terms of the distribution of power between the two sides. The costs of failing to reach an agreement meant that Israeli negotiators had to concede to certain Palestinian demands and conceptions of fairness. The serious charges of injustice and unfairness have emerged in the implementation phase, owing more to developments on the ground than dissatisfaction with the terms of the interim agreements per se.This case challenges two dominant approaches to justice and fairness in negotiation: the idea that parties define negotiated agreements as just irrespective of their power relations and the notion that there can be no role for ethical considerations when the weak must confront the strong. It demonstrates moreover that conceptions of justice and fairness can serve as both external referents which guide the negotiations and be subject to bargaining themselves.
Negotiations in the UN Commission on Sustainable Development: Coalitions, Processes, and Outcomes
Authors: Wagner
Published: November 2003

This research examines state coalitions' negotiation processes during four sessions of the UN Commission on Sustainable Development (CSD). It asks whether coalition type affects the negotiation process and whether process affects the negotiated outcome. Negotiation analysts expect convergent bargaining behaviors to lead to compromises between negotiators' positions and problem solving behaviors to lead to the integration of these positions, with the latter assumed to be the superior outcome. The CSD negotiations offer an empirical test of these hypotheses, as well as hypotheses regarding expected negotiation processes for different coalition types. The study uses data gathered by the author at CSD sessions in 1994, 1996, 1997, and 1998 and finds support for the process-outcome hypotheses. The examination also provides a basis from which to offer lessons for future CSD sessions. I explore how changes in process timing, third party roles, and issue framing could encourage a problem solving process and integrative decisions at the CSD.
The Road to the Kyoto Conference: An Assessment of the Japanese Two-Dimensional Negotiation
Authors: Hattori
Published: November 2003

This article analyzes Japan's dual role in the Kyoto Protocol negotiations. It argues that the successful conclusion to the 1997 Kyoto Protocol can be partly attributed to Japan's dual role as negotiator and mediator. As the host of the Kyoto Conference, Japan undertook the mediator's role prior to and during the conference negotiation process. At the same time, as a participant to the conference, Japan took a negotiator's role to meet its own interests in the negotiations. Despite its initial position as a self-interested negotiator like any other country, Japan ended up in a different position than expected because of its broader role as mediator. By reviewing Japanese efforts to bring the protocol negotiations to a successful conclusion, the article examines the dynamics of the two dimensions of mediation and negotiation in international treaty-making.
The Anatomy of Association: NGOs and the Evolution of Swiss Climate and Biodiversity Policies
Authors: Crémieux  , Boyer
Published: November 2003

Implementing sustainable development requires a look at the domestic apparatus of policy making and, in particular, how state and societal actors, such as NGOs, interact in the formulation and implementation of policy. This article adopts a network approach and examines how network structures may condition the degree of cooperative or competitive negotiation processes. Based on theoretical notions in small group and coalition theories, the article suggests that a problem solving orientation will likely unfold in policy communities and that hawkish, competitive behavior will likely manifest itself in issue networks. This relationship produces a dilemma in that issue network structures are more inclined to generate the needed information, exchange, and creativity for addressing the complex agenda items of sustainable development, but actor diversification and transparency in such networks are likely to be barriers to efficient and successful decision-making. After tracing the development and evolution of Swiss climate and biodiversity policies as empirical case illustrations, analysis indicates that the networks identified generally functioned inefficiently, thus supporting the conceptual propositions. Overcoming decision-making obstacles will require effective leadership and process management, clear mandates and network participants which endorse overall objectives, and the development of consensual group history.
Implementing Policies of Sustainable Development: Turning Constraints into Opportunities
Authors: Boyer
Published: November 2003

No Abstract
The Negotiations on the Basel Convention on the Transboundary Movement of Hazardous Wastes and Their Disposal: A National Delegation Perspective
Authors: Kempel
Published: November 2003

The activities of nongovernmental organizations (NGOs) in international negotiations can constitute an incentive and a catalyst for the international community to address important issues, but can also represent a mere struggle for political influence and control. The negotiations which led to the adoption of the Convention on the Transboundary Movement of Hazardous Wastes and their Disposal encompassed both elements. They gave a prominent role to NGO participation in all phases of the negotiating process, especially to NGOs driven by environmental concerns and ``green issues.'' The Basel Convention and the negotiating process leading to its adoption became milestones in international environmental negotiations. However, the outcome of those negotiations as well as the role of all participants were significantly weakened in the course of this process.
The Role of NGOs in the Ottawa Process to Ban Landmines
Authors: Short
Published: November 2003

The Ottawa Process, which brought about the Convention banning anti-personnel landmines, is examined. The article looks specifically at the role of NGOs in the negotiations. A brief description of the origins of the Ottawa Process is provided. Six issues regarding the nature and status of NGOs involved and the roles they played in the negotiations are then considered. Finally, conclusions are drawn regarding the circumstances under which NGOs might participate in international negotiations. The implications such occasions might have for questions such as democratizing foreign policy are also examined.
The Role of the ICRC in the Development of International Humanitarian Law
Authors: Maresca  , Lavoyer
Published: November 2003

As a result of its unique status, the International Committee of the Red Cross (ICRC) has been closely involved in the negotiations of humanitarian law treaties. Two of the most recent negotiations – the ban on anti-personnel landmines and the establishment of an International Criminal Court – are presented as case studies. They provide a good indication of the varied and dynamic functions played by the ICRC in the development of international law. This role is complementary to the ICRC's field activities in the world's ``hot spots'', which provide valuable insights into the real problems that war victims face in their daily lives.
Peace Work by Civil Actors in Post-Communist Societies
Authors: Francis  , Ropers
Published: November 2003

This paper addresses the entire collection of peace tasks and roles that confronts civil actors in the post-communist societies of Central and Eastern Europe and the former Soviet Union. Peace work in post-communist societies is viewed as inseparable from the creation of a new culture for dealing with political and social conflicts.
Bibliography of Recent Books and Articles on Marine and Coastal Law
Authors:   Langenberg
Published: November 2003

No Abstract
Decentralisation of the Health Care System and Territorial Medical Insurance Coverage in Russia: Friend or Foe?
Authors: Sinuraya
Published: November 2003

No Abstract
Comment on a View Favoring Ignorance of Genetic Information: Confidentiality, Autonomy, Beneficence and the Right Not to Know
Authors: Bottis
Published: November 2003

No Abstract
Protecting and Promoting Privacy in an Uncertain World: Further Defences of Ignorance and the Right Not to Know
Authors: Laurie
Published: November 2003

No Abstract
Regulations and Organ Transplantation in Turkey
Authors: Aydin
Published: November 2003

The concrete expression of ethical values in legal arrangements may require a long period. In our experience, this period can sometimes be quite brief when it comes to bioethical issues, as it can be seen in the legal arrangement in Turkey concerning organ transplantations. Turkey can be considered a fortunate country with respect to legal arrangements for organ transplantation in that laws on organ transplantation in Turkey date back to twebty years ago. At the time this law went into effect, the ethical discussion on this issue were yet to begin. The rationale behind the law was to prevent physicians from legal prosecution due to organ transplantation. Yet, the attempt to place organ transplantation into a certain legal framework alleviates our ethical concerns.
Genetics, Confidentiality and Research
Authors: Leenen
Published: November 2003

No Abstract
Ethical Review Procedures for Clinical Trials in Greece
Authors: Garanis-Papadatos  , Vorgia
Published: November 2003

Although traditional views on medical practice and a societal distrust of institutions have hampered the development of ethics committees, various legislative and ministerial actions have been taken in Greece in order to establish a firm basis for the ethical review of clinical trials. This paper examines the current status of ethics committees in Greece and the procedures for reviewing research protocols, which are fully in line with international guidelines.
New Forms of Medical Data Collection - Should Be Complemented by a New European Privacy Standard?
Authors: Kienle
Published: November 2003

No Abstract
Genetic Data and Regulations on Protection of Personal Data in Italy
Authors: Bompiani
Published: November 2003

No Abstract
Canadian Law on Euthanasia: Contrasts and Comparisons
Authors: Lemmens  , Dickens
Published: November 2003

No Abstract
Euthanasia in Greece, Hippocrates' birthplace
Authors: Mavroforou  , Michalodimitrakis
Published: November 2003

Euthanasia is a controversial issue that has attracted heated debate over the last two decades. Cultural, traditional and religious considerations contribute in the forming of individual and social attitudes. Active, voluntary euthanasia is not legally accepted except in Netherlands and Australia. However even in these countries several ethical and legal issues have emerged from the application of euthanasia. In fact medical physicians stand in the frontline of the debate as they are those who should decide to act or not to act when euthanasia is requested by a patient. In Greece the vast majority of people are against euthanasia as a result of tradition and religion The influence of the Hippocratic philosophy and the humanistic teaching of the Christian Orthodox Church have made that doctors and people look at the issue of euthanasia with aversion. In addition, the law considers any such action as homicide and therefore as punishable.However, in Greece as in any democratic country, individual variations exist and the issue attracts increasing debate. This article aims to discuss the legal ramifications of euthanasia within the context of the Greek legal order and to present the religious and ethical considerations that influence the social attitude concerning to euthanasia in Greece.
Genetic Research: Between Freedom in Research and the Patient's Rights
Authors: Duguet
Published: November 2003

No Abstract
Citizen Participation in the UK Health Care System The Role of the Law
Authors: Harrington
Published: November 2003

No Abstract
Book Review: S. Maddalena, The Legal Status of Complementary Medicines in Europe
Authors: Bergkamp
Published: November 2003

No Abstract
Medical Research Involving Human Subjects: Towards an International Legal Framework?
Authors: Gevers
Published: November 2003

No Abstract
Comparative Health Law and the Harmonization of Patients' Rights in Europe
Authors: Nys
Published: November 2003

No Abstract
Population Based Genetic Research: Estonian Answer to the Legal Challenge
Authors: Sild  , Mullari
Published: November 2003

No Abstract
Implementation of the Clinical Trials Directive: Pitfalls and Benefits
Authors: Baeyens
Published: November 2003

No Abstract
A Council of Europe Protocol on Transplantation of Organs and Tissues of Human Origin
Authors: Roscam Abbing
Published: November 2003

No Abstract
Genetic Discrimination: How to Anticipate Predictable Problems?
Authors: Hendriks
Published: November 2003

No Abstract
Telemedicine and the E-Commerce Directive
Authors: Callens
Published: November 2003

No Abstract
Out of Mind, Out of Sound: Solitary Confinement of Mentally Ill/Dysfunctional Prisoners in Irish Prisons
Authors: Bresnihan
Published: November 2003

No Abstract
The Implementation of Directive 95/46/EC in Norway, Especially with Regard to Medical Data
Authors: Engelschion
Published: November 2003

No Abstract
Assistance to Suicide and the European Court of Human Rights
Authors: Leenen
Published: November 2003

No Abstract
Constitutional Court of South Africa
Authors: Hendriks
Published: November 2003

No Abstract
Changes in the Health Insurance System in the Netherlands
Authors:   Hest
Published: November 2003

No Abstract
Claude Sureau & Françoise Shenfield Aspects Éthiques de la Reproduction Humaine / Ethical Aspects of Human Reproduction
Authors: Knoppers
Published: November 2003

No Abstract
Health Law in the Twenty-First Century
Authors: Leenen
Published: November 2003

No Abstract
The Convention on Human Rights and Biomedicine An Appraisal of the Council of Europe Convention
Authors: Roscam Abbing
Published: November 2003

No Abstract
The Right to Health in National and International Jurisprudence
Authors: Hendriks
Published: November 2003

The right to the highest attainable level of health or, briefly, the right to health is a fundamental human right, solidly embedded in international human rights law. As with other human rights, this right creates corresponding obligations for States which they are due to respect, protect and fulfil.The right to health embodies both positive and negative contents rights, ranging from the right to adequate protection of health to the right to equal access to health care. In addition, the right to health obliges States to create conditions favourable to the achievement and maintenance of the highest attainable level of health.This article describes and analyses national and international case law with respect to these three components of the right to health in an effort to delineate the general contours of this right. It is argued that courts and other (quasi-)judicial bodies more or less explicitly acknowledge that States are required to ensure a minimum level of health protection, (equal access to) essential health care and satisfaction of basic human needs. From the existing body of case law touching on the right to health it remains, however, difficult to conclude how courts define the minimum core content of the right to health, let alone to gain further insights into the normative meaning of this right.
The Netherlands
Authors: Ploem
Published: November 2003

No Abstract
Public Health Insurance and Freedom of Movement within the European Union (Cases Kohll and Decker)
Authors: Roscam Abbing
Published: November 2003

No Abstract
In the Name of National Security: Lessons from the Final Report on the Human Radiation Experiments
Authors: Lemmens
Published: November 2003

No Abstract
Ruth Chadwick, Mairi Levitt, Darren Shickle (eds). The Right to Know and the Right not to Know
Authors: Rosenboom
Published: November 2003

No Abstract
In Defence of Ignorance: Genetic Information and the Right not to Know
Authors: Laurie
Published: November 2003

No Abstract
Patient Complaint Systems in Health Care A Comparative Study between the Netherlands and Sweden
Authors: Nordlund  , Edgren
Published: November 2003

The purpose of this study is to describe and compare the systems for handling patient complaints in the Netherlands and Sweden. The study is based on document analysis and interviews with executive managers and employees in the patient complaint systems in the Netherlands and Sweden. In comparison to Sweden, the Netherlands has a decentralised complaint system with functions closer to the patients. In spite of this, the demand on the Swedish complaint system is higher. The two countries differ in patients' rights legislation in that the Netherlands has a separate legislation for patients' rights, which is not the case in Sweden. In both countries it appears that not only legislation is needed to strengthen the patients position. Actions that improve the independent position of some provisions within the complaint systems as well as actions that will facilitate the possibilities to make use of all functions in the patient complaint systems also seem to be important.
AIDS, Public Health and the Law A Case of Structural Coupling?
Authors: Harrington
Published: November 2003

No Abstract
European Courts Court of Justice of the European Communities
Authors: Hendriks
Published: November 2003

No Abstract
Werner Berg Gesundheitschutz als Aufgabe der EU / Entwicklung, Kompetenzen, Perspektiven
Authors: Hendriks
Published: November 2003

No Abstract
Bulgaria
Authors: Kenarov  , Zinovieva
Published: November 2003

No Abstract
Decker and Kohll
Authors: Hendriks
Published: November 2003

No Abstract
Psychological Aspects of Human Rights Violations: The Importance of Justice and Reconciliation
Authors:   Sveaass,   Lavik
Published: November 2003

No Abstract
Legal and Practical Problems in the International Prosecution of Individuals
Authors:   Harhoff
Published: November 2003

No Abstract
Editor's Note
Authors:   Noll
Published: November 2003

No Abstract
Accepting the Unacceptable? A New Nordic Approach to Reservations to Multilateral Treaties
Authors:   Klabbers
Published: November 2003

An unsatisfactory characteristic of the Vienna Convention on the Law of Treaties regime relating to reservations is that objections to reservations do not normally prevent the reserving state from getting what it wants, no matter how outrageous the reservation may be. The Nordic states in particular, disgruntled with this state of affairs, have in recent years formulated objections to reservations in such as manner as to aim to prevent reserving states from benefitting from their reservations. The present paper records this Nordic practice, traces some antecedents, and analyzes its legal consequences, arguing that the Nordic practice may not prevent states from benefitting from their reservations but is best seen as an attempt to influence the work of the ILC's Special Rapporteur on reservations.
Professor Uluots, the Estonian Government in Exile and the Continuity of the Republic of Estonia in International Law
Authors:   Mälksoo
Published: November 2003

International legal practice in the 20th century is rich in challenging cases of state continuity and extinction. One of those cases is the preservation of the continuity of the Baltic states throughout 51 years of foreign occupation and annexation. After decades of non-recognition of Soviet annexation by leading Western powers, the present-day Baltic republics have not been seen as successor states of the Soviet Union, but as identical with the independent Baltic states of 1918–1940. How could the continuity of the Baltic states be preserved, especially as the Soviet Union had effectively and seemingly “forever”established its control over the Baltic republics? This article focuses on the Estonian situation, laying out the events of 1944 which led to the proclamation of the new constitutional government, and after the country was for the second time occupied by the Soviet army, to the creation of an Estonian government in exile. One of the main questions asked in this article is whether and how the Estonian government in exile contributed to the preservation of the continuity of the Republic of Estonia. Both legal and political aspects played a role in the preservation of the continuity of the Republic of Estonia, and for various reasons, the role of the Estonian government in exile was not exactly that of “the” preserver of state continuity.
Rest in Peace? New Developments Concerning the Wreck of the M/S Estonia
Authors:   Jacobsson,   Klabbers
Published: November 2003

No Abstract
Elements of Nordic Practice 1999: Finland
Authors:   Sotaniemi
Published: November 2003

No Abstract
The Legality of Unilateral Humanitarian Intervention – A Defence
Authors:   Brenfors,   Petersen
Published: November 2003

On March 24, 1999 NATO entered Kosovo. This was a response to months in which the world had witnessed the commission of large-scale atrocities against civilians. During this period, the Security Council was not able to find common ground and became a victim of its own voting procedure. NATO's attempt to end the massive human rights violations in Kosovo by means of military force has revived the classical discussion of the legality of unilateral humanitarian intervention.The case is currently pending before the International Court of Justice. The Court has touched upon the issue of humanitarian intervention in one previous case, where it found in general that questions of human rights “are questions of domestic policy”, and that “the use of force could not be the appropriate method to monitor or ensure … respect for [human rights]”. It is in the opinion of the authors far from certain that the Court will uphold its position in the current case.
International Relations in the New “Constitution of Finland”
Authors:   Kulovesi
Published: November 2003

The need for a comprehensive reform of Finland's four laws of constitution has been discussed since the late 1960s. As a consequence of several substantial changes to the old constitutional laws and the political consensus to move the system of governance in a more parliamentary direction, a new Constitution was drafted during the 1990s and adopted by the Parliament in 1999. Finland's new Constitution integrates constitutional provisions into a single Constitution, and reduces the constitutional powers of the president of the republic. The new Constitution increases parliamentary control in foreign policy. It requires the president to co-operate with the government when directing Finland's foreign policy. It also requires acceptance by the Parliament of a wider range of international obligations. The system for the national organisation of matters concerning the European Union adopted in connection with Finland's accession to the Union in 1995 has also been confirmed by the Constitution, with the government and the Parliament being the main actors in that field.
Peter J. van Krieken (ed.), The Asylum Acquis Handbook: The Foundation for a Common European Asylum Policy
Authors:   Peers
Published: November 2003

No Abstract
Georg Nolte, Eingreifen auf Einladung. Zur völkerrechtlichen Zulässigkeit des Einsatzes fremder Truppen im internen Konflikt auf Einladung der Regierung
Authors:   Bogdan
Published: November 2003

No Abstract
Changing Modalities: Implementing Human Rights Obligations in Ireland after the Good Friday Agreement
Authors:   Byrne
Published: November 2003

The Good Friday Agreement is transforming the model for implementing human rights in Ireland, aligning the protection of civil rights and liberties in the State more closely with the broader human rights movement in Europe and throughout the rest of the world. This article examines the orchestrated model for protecting human rights which emerges from four of the main human rights commitments undertaken by the Irish government in the Good Friday Agreement. These are: the definition of self-determination and abandonment of the Irish constitutional claim to the six counties of Northern Ireland, the guarantee of the `parity of rights' between the North and South of Ireland, the incorporation of the European Convention on Human Rights and Fundamental Freedoms into Irish law, and the creation of a national Human Rights Commission. This orchestrated framework for human rights protection in Ireland offers a unique model for implementing international human rights obligations in an advanced democracy.
Humanitarian Intervention without the Security Council: From San Francisco to Kosovo – and Beyond
Authors:   Rytter
Published: November 2003

Against the background of NATO's war over Kosovo in 1999, this article deals with legal and legal-political aspects of humanitarian intervention without authorisation from the UN Security Council – an issue elucidating the foundations of international law and the role of state practice in its dynamic development. It is argued that unauthorised humanitarian intervention has no legal basis in current international law: It is incompatible with Article 2(4) of the Charter, the defence of a state of necessity is not applicable and no doctrine of unauthorised humanitarian intervention has been established under customary international law. From a legal-political perspective, the crucial question is whether to develop a doctrine of humanitarian intervention without the Security Council if necessary, or stick to the existing legal order, maintaining the Security Council as the sole authoritative organ for decision-making on humanitarian intervention, while working to make it more effective. The author favours the latter alternative. However, in the short term, an ad hoc ``emergency exit'' may be needed. The special circumstances precluding wrongfulness, such as state necessity, it is argued, are not a conceptually suitable framework for justifying humanitarian intervention. But unauthorised humanitarian intervention could be undertaken ad hoc, as a deviation from international law justified solely on moral grounds. This leaves open an option for intervention in extreme cases of human suffering, but at the same time avoids jeopardising the existing, hard-earned, international legal order and the central role of the Security Council. NATO's war over Kosovo, it is argued, was such a case of ad hoc intervention on moral grounds. The article assesses the legal-political consequences of this approach in the aftermath of NATO's bombing campaign.