bluuebunny/crossref_metadata_2025 huggingface dataset:
What Does Nozick's Minimal State Do?
Authors: Mumy Gene E.
Published: July 2009

In the first half of the 1970s, two books appeared which have subsequently been regarded as major works in political philosophy: John Rawls'sA Theory of Justice(1971), and Robert Nozick'sAnarchy, State, and Utopia(1974). Economists have devoted a considerable amount of ink to commentary, pro and con, onA Theory of Justice; and it is getting to be a rare public finance textbook that does not, in its discussion of governmental redistribution, describe the Kantian contract made behind the veil of ignorance. On the other hand, while Nozick has not exactly been ignored, economists have not joined the debate overAnarchy, State, and Utopiawith the same gusto. When economists have joined the debate, their concern has been, more often than not, with Nozick's entitlement theory of distributive justice, as is the case with Varian (1975) and Sen (1977). What is largely missing, then, is any economic analysis of the processes that give rise to Nozick's morally legitimate state, which he calls the minimal state, and the characteristics and likely activities of the minimal state within the moral boundaries set by Nozick, his assertions to the contrary notwithstanding.
A Reply to Arnold's Reply
Authors: Schweickart David
Published: July 2009

Professor Arnold's reply to my reply seems not to have touched the substance of my argument. Perhaps I have been unclear. Arnold contends that any form of market socialism, if unchecked by central authorities, would revert to a system essentially undistinguishable from capitalism. Against this contention I have argued that a democratic, worker-controlled, market socialism that generates its investment fund by taxation exhibits no such tendency. Specifically, I argued that in such a society

1. there exists no tendency for socialized property to revert to private property (since workers have no incentive to sell off their firms to private individuals);

2. the ability of private individuals to accumulate vast wealth is sharply curtailed (since interest and stock income are absent);

3. the authority structures within enterprises are much more democratic than under capitalism;

4. intra-firm income differentials will be far more egalitarian than under capitalism.
Law as a Public Good: The Economics of Anarchy
Authors: Cowen Tyler
Published: July 2009

Various writers in the Western liberal and libertarian tradition have challenged the argument that enforcement of law and protection of property rights are public goods that must be provided by governments. Many of these writers argue explicitly for the provision of law enforcement services through private market relations.
Deontology and Economics
Authors: Broome John
Published: July 2009

In The Moral Dimension (Etzioni, 1988), Amitai Etzioni claims, as did Albert Hirschman in Morality and the Social Sciences (Hirschman, 1980), that people often act from moral motives, that economics needs to recognize this, and that it will be significantly changed by doing so. I agree, though I think the changes may be smaller than Etzioni believes – I shall be explaining why. But Etzioni goes further. He makes a specific claim about the sort of morality that motivates people: it is deontological. In this paper, I shall examine what this means, how far it is true, and what difference it makes.
Interpersonal Comparisons of Freedom
Authors: Carter Ian
Published: July 2009

This paper is about the relevance, to the definition of freedom, of values or goods other than freedom. In this respect,its subject matter is not at all new. However, I do believe that new light can be thrown on the nature of this relationship by paying more attention to another relationship – one which exists within the concept of freedom itself. There are two senses in which we can be said to possess freedom. Firstly, there is the sense in which we can be said to be freeto do a certain particular thing. Secondly,there is the sense in which we can be said to possessa certain ‘amount’,‘degree’ or ‘quantity’ of freedom, in some overall sense.1I believe that most recent accounts of the relationship between freedom and other goods are inconsistent, because they see those other goods as affecting the truth value of claims about freedom in the second sense, but not in the first.
Equal Opportunity or Equal Social Outcome?
Authors: Fleurbaey Marc
Published: July 2009

John Rawls's work (1971) has greatly contributed to rehabilitating equality as a basic social value, after decades of utilitarian hegemony,particularly in normative economics, but Rawls also emphasized that full equality of welfare is not an adequate goal either. This thesis was echoed in Dworkin's famous twin papers on equality (Dworkin 1981a,b), and it is now widely accepted that egalitarianism must be selective. The bulk of the debate on ‘Equality of What?’ thus deals with what variables ought to be submitted for selection and how this selection ought to be carried out.
A Critique of Instrumental Reason in Economics
Authors: Stewart Hamish
Published: July 2009

There are, broadly speaking, two ways to think about rationality, as defined in the following passage: ‘Reason’ for a long time meant the activity of understanding and assimilating the eternal ideas which were to function as goals for men. Today, on the contrary, it is not only the business but the essential work of reason to find means for the goals one adopts at any given time. (Horkheimer, 1974, p. vii) To use what Horkheimer called objective reason, and what others have called expressive or non–instrumental reason, is to reflect on one's goals, to attempt to determine what preferences one ought to hold. On the other hand, to use what Horkheimer called subjective reason is to ‘be concerned with means and ends, with the adequacy of procedures for purposes more or less taken for granted’ (1947, p. 3), that is, to be instrumentally rational. This contrast between non-instrumental and instrumental reason is at the heart of many contemporary social and philosophical disputes.1
Intentionality and Economics
Authors: Cottrell Allin
Published: July 2009

In his recent book,Economics – Mathematical Politics or Science of Diminishing Returns, Alexander Rosenberg has offered a forceful critique of the scientific pretensions of economics. I am encouraged to note that in hisJELreview, Wade Hands (1993) singles out Rosenberg's ‘important discussion of intentionality’ as one of the most significant aspects of the book. Encouraged, because this was exactly my impression, and Hands's judgment confirmed my intention to respond to Rosenberg's argument. I hope, however, to be able to disappoint Hands's expectation that this aspect of Rosenberg's work ‘will be least challenged by economists’!
Fairness to Idleness is There A Right Not to Work?
Authors: Levine Andrew
Published: July 2009

It is universally agreed that involuntary unemployment is an evil for unemployed individuals, who lose both income and the non-pecuniary benefits of paid employment, and for society, which loses the productive labor that the unemployed are unable to expend. It is nearly as widely agreed that there is at least a prima-facie case for alleviating this evil – for reasons of justice and/or benevolence and/or social order. Finally, there is little doubt that the evils of involuntary unemployment cannot be adequately addressed in contemporary societies without state intervention – whether through monetary or fiscal policies, cash payments or other subsidies to the unemployed, direct provision of employment by the state, or some combination of these measures.
In Defence of Exploitation
Authors: Schwartz Justin
Published: July 2009

Roemer has a striking and novel criticism of Marx's thesis that capitalism is exploitative. Even if so, Roemer claims, that does not establish that it is morally objectionable. He argues from idealized models that involve what he calls ‘Marxian exploitation’, but do not have the consequences which, he says, Marxists think make exploitation bad – domination, alienation, and inequality – or have them only in unobjectionable ways. These models, Roemer thinks, show that the moral problem with capitalism that Marxian exploitation locates only imperfectly is unjust inequality. He develops an alternative notion of ‘property relations exploitation’, based on this charge, to replace the morally uninteresting notion of Marxian exploitation in assessing arguments for socialism.
Do Metaphors Affect Economic Theory?
Authors: Lagueux Maurice
Published: July 2009

Over the last few decades, theoretical discussions about metaphors have appeared with increasing frequency in the literature and, during the last fifteen years or so, such discussions have become more and more common in the methodology of economics. But what exactly is a metaphor? According to a tradition which dates back to Aristotle, a metaphor is the attribution to one object, A, of the name (and indirectly of the qualities) of another object, B, while this name or these qualities do not properly or normally belong to A. Thus, a metaphor is present when a term used to describe (or even to name) A is a term which is already commonly used to name B (quite a different kind of entity). Defined in such a way, one must admit that metaphors are frequently found in economics as well as in other sciences. Let us consider, for example, a term like ‘elasticity’ which is extensively used by economists. According to the ordinary dictionary definition, this word designates a property of bodies by which they recover their initial form after having been submitted to a pressure; in a less technical sense, it refers to the flexibility of some bodies or to their responsiveness to pressures.
Status Quo Basing and the Logic of Value
Authors: Schick Frederic
Published: July 2009

Some writers have noted that valuation is often focused on foreseen changes. They say that we often don't value situations in terms of what we would have in them only but also in terms of the gains or losses that they offer us — that we then focus on departures from our status quo. They argue that such thinking conflicts with basic economic analysis, and also that it violates logic: they say that it is irrational. I agree that it seems to be common. But is such a way of setting one's values a challenge to economics? And does it conflict with being rational?
Paternalism and Public Policy
Authors: New Bill
Published: July 2009

Wherever a government or state is concerned with the welfare of its citizens, there will probably also exist policies which compel the individual citizen to undertake or abstain from activities which affect that citizen alone. The set of theories behind such policies is collectively known as ‘paternalism’. It is not hard to understand why this term has developed strong pejorative overtones. Policies of this type appear to offend a fundamental tenet of liberal societies: namely, that the individual is best placed to know what is in his or her interests. Paternalistic policies imply, and are concerned with correcting, failures of precisely this kind of judgement. And yet, at the same time, there is a popular consensus that compelling people to wear a seat belt when driving a car is a reasonable restriction of personal liberty. Paternalism may be difficult to accept in principle, but it is equally difficult to avoid in practice.

Not surprisingly, the literature reveals a long heritage of debate in a wide range of academic disciplines. This debate reveals a failure to make progress in two areas in particular. First, analyses of paternalism often confuse policies which are actually concerned with correcting failures of market exchange — in particular, those concerned with insufficient or imperfect information — with those which are genuinely paternalistic. One objective of this paper will be to clarify the difference between these two kinds of policy.
The Informal Game Theory in Hume's Account of Convention
Authors: Vanderschraaf Peter
Published: July 2009

Hume is rightly credited with giving a brilliant, and perhaps the best, account of justice as convention. Hume's importance as a forerunner of modern economics has also long been recognized. However, most of Hume's readers have not fully appreciated how closely Hume's analysis of convention foreshadows a particular branch of economic theory, namely, game theory. Starting with the work of Barry (1965), Runciman and Sen (1965) and Lewis (1969), there has been a flowering of literature on the informal game-theoretic insights to be found in classics of political philosophy such as Hobbes (1651), Locke (1690), Hume (1740) and Rousseau (1755). A number of authors in this tradition, including Lewis (1969), Gauthier (1979), Mackie (1980), and Postema (1995), have identified passages in Hume which they interpret as giving informal examples of specific games. Yet, unlike his predecessors, Hobbes and Locke, Hume does much more than present examples which have a game-theoretic structure. In his account of convention, Hume gives general conditions which characterize the resolution of social interaction problems, and in the examples he uses to illustrate this account, Hume outlines several different methods by which agents can arrive at such a resolution. Hume's general account of convention and his explanations of the origins of particular conventions together constitute a theory of strategic interaction, which is precisely what game theory aspires to be.
Well-Being as the Object of Moral Consideration
Authors: Sobel David
Published: July 2009

An adequate moral theory must take (at least) each person into account in some way. Some think that the appropriate way to take an agent into account morally involves a consequentialist form of promoting something about her. Others suggest instead that morality requires a Kantian form of respecting something about an agent. I am interested here in pursuing the former line. When we pursue the broadly consequentialist line we come to this question: what should we promote on the agent's behalf when we are taking her into account morally?
Mere Addition and Two Trilemmas of Population Ethics
Authors: Carlson Erik
Published: July 2009

A principal aim of the branch of ethics called ‘population theory’ or ‘population ethics’ is to find a plausible welfarist axiology, capable of comparing total outcomes with respect to value. This has proved an exceedingly difficult task. In this paper I shall state and discuss two ‘trilemmas’, or choices between three unappealing alternatives, which the population ethicist must face. The first trilemma is not new. It originates with Derek Parfit's well-known ‘Mere Addition Paradox’, and was first explicitly stated by Yew-Kwang Ng. I shall argue that one horn of this trilemma is less unattractive than Parfit and others have claimed. The second trilemma, which is a kind of mirror image of the first, appears hitherto to have gone unnoticed. Apart from attempting to resolve the two trilemmas, I shall suggest certain features which I believe a plausible welfarist axiology should possess. The details of this projected axiology will, however, be left open.
The Metric of Opportunity
Authors: Sudgen Robert
Published: July 2009

There is a long tradition in economics of evaluating social arrangements by the extent to which individuals' preferences are satisfied. This is the tradition ofwelfarism, which has developed from nineteenth-century utilitarianism. Increasingly, however, the presumption that preference-satisfaction is the appropriate standard for evaluating social arrangements is being challenged by an alternative view: that we should focus on the set of opportunities open to each individual.
Why ‘Law and Economics’ Is Not the Frankenstein Monster
Authors: Vermont Samson
Published: July 2009

In a published debate between Law and Economics avatar Judge Richard Posner and Professor Robin Malloy entitled ‘Is Law and Economics Moral?’, Malloy argued that the dominant methodology of Law and Economics (Posner's Chicago-style wealth maximization) is immoral. Malloy likened it to the Frankenstein Monster – an unholy, undead abomination that can go berserk despite its ostensibly benign provenience. Malloy claimed that wealth maximization applied to social discourse ‘reduces people to an human existence to imaginary variables for calculation’.
Norm-Endorsement Utilitarianism and the Nature of Utility
Authors: Baron Jonathan
Published: July 2009

In this article, I shall suggest an approach to the justification of normative moral principles which leads, I think, to utilitarianism. The approach is based on asking what moral norms we would each endorse if we had no prior moral commitments. I argue that we would endorse norms that lead to the satisfaction of all our nonmoral values or goals. The same approach leads to a view of utility as consisting of those goals that we would want satisfied. In the second half of the article, I examine the implication of this view for several issues about the nature of utility, such as the use of past and future goals. The argument for utilitarianism is not completed here. The rest of it requires a defense of expected-utility theory, of interpersonal comparison, and of equal consideration (see Baron, 1993; Broome, 1991).
Rerum Cognoscere Causas
Authors: Hahn Frank
Published: July 2009

Professor Hausman has written an interesting and instructive book. Though I am by no means favourably disposed to methodology for economists, (its results seem to have been pretty disastrous), I found reading Hausman enjoyable and I came away having learned things worth learning. But not all is well, largely because Hausman is a philosopher first and an economist a poor second. There are also important questions where one would have expected philosophic help which are not asked at all.
Underdetermination in Economics. The Duhem-Quine Thesis
Authors: Sawyer K. R. , Beed Clive , Sankey H.
Published: July 2009

This paper considers the relevance of the Duhem-Quine thesis in economics. In the introductory discussion which follows, the meaning of the thesis and a brief history of its development are detailed. The purpose of the paper is to discuss the effects of the thesis in four specific and diverse theories in economics, and to illustrate the dependence of testing the theories on a set of auxiliary hypotheses. A general taxonomy of auxiliary hypotheses is provided to demonstrate the confounding of auxiliary hypotheses with the testing of economic theory.
The Logic of Belief Persistence
Authors: Battigalli Pierpaolo , Bonanno Giacomo
Published: July 2009

The principle of belief persistence, or conservativity principle, states that ‘When changing beliefs in response to new evidence, you should continue to believe as many of the old beliefs as possible’ (Harman, 1986, p. 46). In particular, this means that if an individual gets new information, she has to accommodate it in her new belief set (the set of propositions she believes), and, if the new information is not inconsistent with the old belief set, then (1) the individual has to maintain all the beliefs she previously had and (2) the change should be minimal in the sense that every proposition in the new belief set must be deducible from the union of the old belief set and the new information (see, e.g., Gärdenfors, 1988; Stalnaker, 1984). We focus on this minimal notion of belief persistence and characterize it both semantically and syntactically.
Reformulating Equality of Resources
Authors: Arnsperger Christian
Published: July 2009

Ronald Dworkin's (1981) theory of equality of resources draws heavily on conceptual tools developed in economic theory. His criterion for a just distribution of resources is closely connected with two economic ideas: first, the idea that a distribution of resources reflects a concern for equality if it is envy-free; second, the idea that such an envy-free distribution of resources is attainable as a competitive equilibrium from equal split. The objective of this paper is to show that the criterion of equality of resources has been misinterpreted by normative economics, largely due to Dworkin's own lack of precision, and that it needs to be reformulated in order to be intelligible. The dimensions along which the reformulation is needed concern (1) the nature of the preferences used in what Dworkin calls the ‘envy test’ and (2) the nature of the envy test itself.
A Bayesian Treatment of Duhem's Thesis: The Case of the ‘Farm Problem’ in Agricultural Economics
Authors: Dearmont David , Bessler David A.
Published: July 2009

In this paper we consider a Bayesian treatment of ‘Duhem's thesis’, the proposition that theories are never refuted on empirical grounds because they cannot be tested in isolation from auxiliary hypotheses about initial conditions or the operation of scientific instruments. Sawyer, Beed, and Sankey (1997) consider Duhem's thesis (and its restatement in stronger and weaker forms as the ‘Duhem-Quine thesis’) and its role in hypothesis testing, using four theories from economics and finance as examples. Here we consider Duhem's thesis in the context of theory choice, econometric results, and the ‘farm problem’ in agricultural economics. This problem is defined as persistently low and highly variable prices, incomes, and returns in the agricultural sector as compared to the nonagricultural sector of the U.S. economy. The existence of the farm problem tends to refute an implication of general equilibrium (GE) theory — that resources flow to equate returns between sectors of the economy. We discuss Duhem's thesis in the context of demonstrating why evidence supporting the farm problem has not diminished the standing of general equilibrium theory among agricultural economists.
Mises, the A Priori, and the Foundations of Economics: A Qualified Defence
Authors: Parsons Stephen D.
Published: July 2009

In a recent paper, Pierluigi Barrotta (1996) argues that Mises ‘ended up by defending an epistemological tenet very far from Kant's’ (p. 51), concluding that ‘Mises's apriorism cannot be vindicated through Kant's epistemology’ (p. 65). In contrast, I shall argue that certain of Mises's arguments can be reconstructed in Kantian terms, and thus the distance between Mises and Kant is not as extreme as Barrotta's argument may appear to suggest. Specifically, I shall argue that Mises, like Kant, seeks to establish the a priori nature of the category of causality. To this extent at least, Mises's apriorism can be vindicated through Kant's epistemology.
Critical-Level Utilitarianism and the Population-Ethics Dilemma
Authors: Blackorby Charles , Bossert Walter , Donaldson David
Published: July 2009

Advances in technology have made it possible for us to take actions that affect the numbers and identities of humans and other animals that will live in the future. Effective and inexpensive birth control, child allowances, genetic screening, safe abortion, in vitro fertilization, the education of young women, sterilization programs, environmental degradation and war all have these effects.
‘Mere Inventions of the Imagination’: A Survey of Recent Literature on Adam Smith
Authors: Brown Vivienne
Published: July 2009

As late twentieth-century discourses of modernity and postmodernity invoke their Enlightenment heritage in a search for the origins of their present achievements and predicaments, Adam Smith's works are still seen as a canonic representative of that heritage. Smith has long been evoked as the ‘father’ of economics and the original proponent of laissez-faire capitalism, but the political changes in recent decades have reconstituted his iconic status. With the full range of Smith's published and unpublished writings and lectures now widely available, there has been a huge growth in the scholarly literature on Smith which has subjected this traditional view to searching questions. The overwhelming conclusion to emerge is that Smith's works display a subtlety and complexity that is at odds with the received image of Smith as the spokesman of modernity, but the diversity of interpretation raises some difficult methodological issues.
Human rights and development: an African perspective
Authors: Mahalu Costa R.
Published: July 2009

In this article the author elaborates upon the close relationship between the concepts of human rights and development, examined in relation to African legal practice. Development is considered as a comprehensive legal, economic, social, and cultural concept. According to the author the right to development may be claimed by individuals and peoples of developing nations. In this respect the African situation is carefully analyzed by the author. The African Charter for Human and Peoples Rights, which came into force in October, 1986, may be considered a first regional effort to promote human rights and development. So far, the Charter has already been ratified by 30 African States.
The UN Council for Namibia vs. Urenco, UCN and the state of the Netherlands
Authors: Schruver Nico J.
Published: July 2009

Nico Schrijver discusses the claim by the UN Council for Namibia against Ultra Centrifuge Nederland, Urenco, and The Netherlands in the case concerning the alleged illegal processing ofNamibian uranium. He analyzes the evolution of international law with respect to Namibia, the status of the UN Council for Namibia, the juridical value of Decree No.I, the contents of the writ of summons as well as the counter-arguments by The Netherlands government.
Space debris: ex facto sequitur lex
Authors: Zwaan Tanja L.
Published: July 2009

Unfortunately, today's exploration of outer space is exposed to a rapidly expanding collection of what has come to be called space debris. Innumerous objects of variable size ranging from tiny paint chips to entire - defunct - satellites and produced by various causes, such as collisions, explosions, or simply exhaustion of fuel, are rotating around the Earth and create dangers to our space missions.
The rights in conflict case; Charnia versus Tourisan
Authors: Charnia Tourisian V.
Published: July 2009

Editorial Note

The first Telders International Law Moot Court Competition was organized in 1977 on the occasion of the thirtieth anniversary of the Telders International Law Students Debating Society. Students from the Universities of Bonn, Cologne, Leiden and Strasbourg participated. The competition took place in the Peace Palace at The Hague and was an overwhelming success. Since then the competition has been held annually. Participation has expanded from three teams in 1977 to thirteen teams now. The eleventh session has been held in the Peace Palace from 14–16 April 1988. The case for the Telders International Law Moot Court Competition was written by Prof. Dinah Shelton.
Nuclear Safety After Chernobyl: The Role of International Law
Authors: Cameron Peter D.
Published: July 2009

After Chernobyl, the perception of a common interest in internationally organised nuclear safety measures has been evident among all governments of countries with nuclear power plants, as well as those likely to be involved in or affected by a nuclear accident. Dr. Peter D. Cameron examines the two principal developments in international lawwhich reflect this consensus: the Convention on Early Notification of a Nuclear Accident and the Convention on Assistance in the Event of a Nuclear Accident or Radiological Emergency. While representing a considerable achievement, the Conventions underline the determination of states parties not to lose control over nuclear matters at the national level.
Claims to Cultural Property Under International Law
Authors: Jager Koen De
Published: July 2009

After an extensive discussion of the treatment of cultural property through the ages, the author focuses on the position of art treasures under current international law. Are states under an obligation to return cultural property to its country of origin? In order to answer this question, the author introduces a ‘gliding scale’, based on the circumstances of the removal of the works of art.
EEC Anti-Dumping Law: Assembly Operations; The Court of First Instance
Authors: Ottervanger T.R.
Published: July 2009

1. INTRODUCTION

In order to protect European industries against dumped imports from countries which are not members of the EEC, the Community authorities may impose anti-dumping duties. The relevant rules are laid down in Council Regulation 2176/84 and are based on the General Agreement on Tariffs and Trade (GATT) and the GATT Anti-Dumping Code. The European Commission is responsible for investigating cases; it is empowered to impose provisional anti-dumping duties or to accept so-called “price undertakings” offered by the exporters to raise their prices. These price undertakings purport to eliminate the dumping,i.e., generally speaking, the difference between domestic and export price, or its injurious effects. They are advantageous for the exporters since the price increase goes to them rather than to the custom authorities in the form of a duty.
Current Legal Developments in the Field of Transboundary Pollution
Authors: Hohenveldern I.Seidl
Published: July 2009

1. INTRODUCTION

Chernobyl and Sandoz-Bâle are certainly among the most remarkable current events in the field of transboundary pollution. The Chernobyl incident has sensitised at least a part of European public opinion to such an extent that the IAEA had to consider it a great success that the Final Document of the Special Session of the General Conference after Chernobyl could still proclaim that the General Conference “recognizes that nuclear power will continue to be an important source of energy for social and economic development”.
Recent Developments in the United States under The Hague Evidence Convention
Authors: Alley Edwin R. , Prescott Darrell
Published: July 2009

In this article the author states that until now the lack of specific guidelines might explain the fact that the application of the Aerospatiale ruling has been far from uniform in American practice. Nevertheless, some issues that had been considered by Courts and Commentators before Aerospatiale have now been resolved.

Alley and Prescott claim that the Hague Evidence Convention has represented a very positive step in international legal cooperation between nations which employ considerably different legal procedures. The authors discus recent developments and hope that there will be a continuation of construe five building of the US. and other signatory states upon their past experiences in mutual cooperation.
Legal Problems Concerning the Implementation of EEC Environmental Directives Regarding Dangerous Substances and the Netherlands Chemical Substances Act
Authors: Jans Jan
Published: July 2009

In many member states of the European Community legal problems arise when implementing EEC environmental directives, especially those regarding dangerous substances. It has been said that sometimes these problems are caused by the fact that it is not always clear to national legislators what amount of discretion is available to them. This hypothesis is investigated here, mainly in relation to the way the Netherlands Chemical Substances Act has transposed dangerous substances directives into Dutch national law.
Criteria Relating to Eligibility for ‘Asylum’ and ‘Withholding of Deportation’ in the United States
Authors: Meier Mike
Published: July 2009

This article deals with recent developments in the United States' refugee legislation and policies. After an examination of the relevant procedural aspects, the author discusses several concepts and criteria that play an important role in the decision whether an alien will be granted asylum in the United States. Despite recent jurisprudence, the related concepts of ‘wellfounded fear’ and ‘clear probability’ of persecution remain vague and illdefined. Thus, according to the author, it is doubtful whether the present standards of United States refugee law contribute to the protection of truly politically persecuted. Besides, the concept of ‘safe haven’ should not replace the concept of ‘firm resettlement’.
The European Convention on Human Rights: Merger Proposal for Commission and Court
Authors: Poffé Léon R.L.
Published: July 2009

Most European courts face overloading. Therefore the Single European Act has incorporated Article 168A into the lifiC Treaty. According to this article the Court of Justice of the European Communities may request the Council to create a Court of First Instance with a limited jurisdiction. This request has been made by the Court on September 29, 1987; by its decision of October 24,1988 the Council has approved of this request. The reason behind this proposed change in the procedure before the Court of Justice is the enormous pile of cases on the desks of the Judges in Luxembourg. Apart from this, already institutionalised remedy, other ideas are also circulating in Luxembourg with a view to improve the existing practice of the Court of Justice. One of these ideas concerns the possibility of abandoning the institution of Advocates-General by merging them with the corps of judges. Only in cases of exceptional interest one of the judges could act as a Advocate-General. I do not intend, however, to give a full account of the possibilities which have already been put forward in order to improve the working of the Court of Justice. This note will look at the other ‘European Court’, that is, the European Court of Human Rights (European Court), which is one of the organs created by the European Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention). This Court is ill so overloaded with cases, just as its counterpart in Luxembourg. Kill unlike the constitutional changes in the European Communities, none of the proposal measures to improve and accelerate the work of the European Court has been incorporated in an amendment of, or an additional protocol to the European Convention.
The EC New Trade Policy Instrument: A Brief Review of the Application of Regulation 2641/84
Authors: Arnold M.I.B. , Bronckers M.C.E.J.
Published: July 2009

On 17 September 1984, Regulation 2641/84, also called the EC New Trade Policy Instrument, or simply the New Instrument, became effective. Pursuant to the New Instrument, a Community industry can File a complaint with the EC against an illicit trade practice of a foreign government. From the effective date of the New Instrument until the day of writing of this article (February 1989) four complaints have formally been lodged.
The Netherlands Antilles and Aruba, an Embarrassing Legacy of the Dutch Colonial era? Dutch Duties Revisited
Authors: Nelissen Frans A. , Tillema Arjen J.P.
Published: July 2009

Decolonization in the late twentieth century sometimes differs markedly from the classicalpost-war decolonizationphenomenon. While colonies were then fighting for their independence, today (ex) colonies might have to spend their energy on efforts to prevent being forced into independence. In the case of the Antilles and Aruba, the Dutch seem to view the islands as a somewhat embarrassing legacy of the Dutch colonial era and are seeking to sever all constitutional links with the islands although sofar the Netherlands Antilles have refused to discuss independence at all, while Aruba appears to have some second thoughts about its 1996-independence choice. The issue raises questions of international law, most of them concerning the right of all peoplestoself-determination. The authorsdescribeandanalyze Dutch policy and conclude that it is not in line with Dutch duties under international law.
Hyundai Merchant Marine – The First Redressive Duty on Unfair Pricing Practices in Maritime Transport
Authors: den Oudsten Ad M.
Published: July 2009

On 22 December 1986 the Council of the European Communities adopted Regulation 4057/86/EEC, dealing with unfair pricing practices in maritime transport. This Regulation was designed to combat unreasonably low shipping tariffs made possible by state subsidies. On 4 January 1989, the Council imposed, in the form of regulation 15/89/EEC, the first redressive duty based on this Regulation on cargo transported by a South Korean company.
Radioactive Waste Disposal, an International Legal Perspective
Authors: Hancher Leigh
Published: July 2009

The article deals with the advantages and disadvantages of an international solution for the safe, permanent disposal or long-term storage of high level radioactive waste from a legal perspective. Firstly, some early attempts to create an International Waste Repository (IWR) and their subsequent fate are examined. Next to this, pros and cons of an IWR in the context of recent national and international developments in the management of, and trade in radioactive waste, are considered. Main related question is, whether an international solution to waste disposal is a useful option. Finally, the legal and institutional problems which must be considered if states decide to create an international facility for waste disposal are described. Special attention is given to a model provided for in Chapter V of the Euratom Treaty of 1957.
The Falkland Islands (Malvinas) in the Twilight of Colonialism
Authors: Hooghoudt Kay
Published: July 2009

With the restoration of diplomatic relations between Argentina and the United Kingdom earlier this year, the conflict on the Falkland Islands (Malvinas) enters a new phase. Kay Hooghoudt looks back at the conflict and describes the lessons that can be learned from it. His main conclusion is that as a consequence of the attitude of the UK in the decolonization proces the dispute shifted from a conflict on territorial sovereignty to a dispute on the obligation to negotiate. The author holds that as the Security Council did not act adequately, Argentina did not act contrary to international law by using force to compel the UK to continue the negotiations on sovereignty over the islands. Now that negotiations have started again, the Security Council should act in order to ensure that these negotiations will deal with the crux of the matter, the issue of sovereignty.
The Dutch-Surinam Treaty on Development Assistance: A Correct Appeal to A Fundamental Change of Circumstances?
Authors: Bosma Dionne
Published: July 2009

In 1982 the Netherlands suspended the operation of a treaty between Surinam and the Netherlands which obliges the Netherlands to render development assistance to Surinam. This was justified by invoking a fundamental change of circumstances: a coup d'etat which destroyed democracy and led to serious human rights violations. Bosma examines both substantive and procedural aspects of the suspension and concludes that the Netherlands did not correctly invoke a fundamental change of circumstances.
The ‘Bond van Adverteerders’ Case and Recent Legal Developments in EEC ‘Television Law’
Authors: Friden Georges
Published: July 2009

Before the recent adoption, by the Council of Ministers of the EEC, of a directive concerning EEC ‘television law’, technical developments in the European television industry were definitely outpacing legal ones. The emergence of cable and satellite television encouraged both broadcasting companies and advertisers to start operating on a European, instead of merely on a national level. This happened at first in a legal void which was eventually partly filled by the case law of the Court of Justice of the European Communities. Amongst others the relevant cases are the Sacchi Case and Debauve Case. The former established inter alia that the articles of the Treaty of Rome governing the free provision of services, also apply to television transmissions. The latter states that the same applies to cable television services.
Human Rights in Europe; The Copenhagen Conference, June 1990
Authors: Lawson Rick
Published: July 2009

By now it is commonplace that developments in Europe take place faster than any observer, who intends to write an analysis, would prefer. The degree of difficulty to predict the directions in which Europe will develop itself, is only matched by the importance to study the landmarks that have already been reached.
The Work of The International Law Commission on “Relations between States and International Organizations” Discontinued: an Assessment
Authors: Bekker Peter H.F.
Published: July 2009

The UN General Assembly has recently decided to delete from the agenda of the International Law Commission the topic ‘Relations between States and International Organizations’.

Over a period of 31 years, fourteen Reports by two successive Special Rapporteurs studied the topic in two parts. The First part of the topic (1963–1975) dealt with the privileges and immunities of representatives of states to international organizations, and resulted in a Convention, that has, however, not yet entered into force; the Second part of the topic (1976–1992) concentrated on the legal status and immunities of organizations themselves.

The author analyzes the Draft Articles that have been submitted in the course of the ILC's study of the Second part. This is done by way of a three-step application of the functional necessity concept of organizational immunities:

(1) Status, dealing with an organization's functions, legal personality and capacity-(2) Selection, defining a scale of organizational immunities for which an organization may be eligible - and (3) Scope, determining the extent of selected immunities. Finally, the author employs the two statutory functions of the ILC -the codification of international law and the progressive development of international law- to assess the contribution by the ILC to this field of international institutional law.
Intervention Under Article 62 of The Statute and the Quest for Incidental Jurisdiction without the Consent of the Principal Parties
Authors: de Hoogh A.J.J.
Published: July 2009

Article 62 remained a deadletter for almost seventyyears. The Chamber constituted to settle the frontier dispute between El Salvador and Honduras has changed this picture, and has allowed Nicaragua to intervene with respect to the legal régime of the GulfofFonseca. But it only accorded a non-party status to Nicaragua. However, the full Court had refused permission to intervene in two earlier cases with arguments that were based on the premiss of a party status for the intervening State. Only a future decision on a request for permission to intervene can tell whether the full Court will endorse the stances taken by the Chamber.
Human Rights Excursion in Europe: the Committee for the Prevention of Torture and its Visit to the United Kingdom
Authors: Verhage Brigitte
Published: July 2009

“Todays prison seems to be more of a hotel than a real prison”, and “jailbirds live better lives than normal people do”, are phrases which you can hear quite often. The visit of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (hereafter CPT or the Committee) showed that this is certainly not true for British prisons. This Committee visited the United Kingdom from July 29 to August 10,1990 and drew an extensive report on its findings, to which the British Government reacted.
The Confusion About State Responsibility and International Liability
Authors: Horbach N.L.J.T.
Published: July 2009

The variety of notions of responsibility and liability, used by many publicists, continues to be a source of confusion. It would, therefore, be very clarifying to introduce one meaning for one concept and, thus, use the notions as the ILC defines them. The survey of the several 1LC reports on responsibility and liability shows that the concepts have become more and more interrelated. A different approach might be needed on the subject of international liability in order not to diminish the usefulness these rules can have within the environmental fiel.
International Law and Environmental Legislation in Developing Countries, with Special Reference to India and Indonesia
Authors: Otto J.M.
Published: July 2009

1. INTRODUCTION

Attention for the pollution and degradation of the human environment over the last decades has resulted in an unprecedented increase of activities regarding environmental policy and law at both international and national levels. Since 1972 international resolutions and agreements have distinguished between environmental problems of developing countries and those of industrial countries. In that year it was proclaimed at the Stockholm UN-Conference on the Human Environment that in the developing countries most of the environmental problems are caused by under-development. The extremely complex situation in those countries in this regard was made known to the world community again by the so-called Brundtland Commission in its final report.
The Gulf Crisis and the United Nations
Authors: Raič David
Published: July 2009

1. INTRODUCTION

As a result of the Iraq-Iran war, Iraq's economy has been exhausted. It had a foreign debt of nearly 80 billion dollars. Iraq apparently failed in its attempts to borrow in foreign capital markets the amounts for investment-in particular for the reparation and expansion of oil production capacity-which it needed to restore its economy. In June 1990, Iraq stated that Kuwait and the United Arab Emirates had undermined the Iraqi economy by persistently producing more than their OPEC quotas. On July 18, 1990, the Iraqi Minister of Foreign Affairs Tariq Aziz stated in the Arab League that Kuwait had stolen Iraqi oil worth 2.4 billion dollars from the Rumaila Oilfield and that Kuwait had built military installations on Iraqi territory. The President of Egypt, Mubarak, then stated that Iraq and Kuwait would negotiate in Jeddah about the Iraqi claim. At the OPEC conference in Geneva on July 26, the minimum reference price was raised to $21.0/b. This despite Iraq's pressure to raise it to $25.0/b. Iraq then warned Kuwait that it had legitimate and historical rights in respect of the Rumaila Oilfield and two islands in the Persian Gulf. On August 1 it turned out that the negotiations in Jeddah had failed. Kuwait stated that it had refused to cede territory. On August 2 Iraqi troops invaded Kuwait. Because of the small capacity of the Kuwaiti army to offer resistance, Kuwait was occupied by Iraq in a very short time.