Georg Nolte

Equivocal Helpers-Complicit States, Mixed Messages and International Law

Issues of State complicity arise ever more frequently in international relations. Rules which deal with the responsibility of States for aiding or assisting in the commission of internationally wrongful acts by other States are, however, not yet fully developed. States frequently support each others actions without necessarily considering the potential implications of the rules on complicity in international law. This leads to another problem: is support given to another State automatically to be seen as relevant practice for the development of new customary rules or the interpretation of treaties through subsequent practice? Or is it possible for complicit States to play two different roles: to assist in some conduct while not endorsing the legal claim associated with it? This contribution aims to untangle the various facets of complicit State behaviour. It will argue that in some cases, States can indeed play two different roles. States should, however, be careful in considering the long-term implications of such behaviour.

The welfare state, globalization, and international law

The Challenge of Migration to the Welfare State.- 1A Comment.- 2 The Costs of International Tax Cooperation.- 3 Globalization, Domestic Politics and the Restructuring of the Welfare State: The Unemployment Insurance Program in Israel.- 4 The Israeli Welfare State: Growing Expectations and Diminishing Returns.- 5 Quod Omnes Tangit: Globalization, Welfare Regimes and Entitlements.- 6 The Search for Core Labor Standards in Liberalized Trade.- 7 The Transformative Weakness of Core Labor Rights in Changing Welfare Regimes.- 7A Comment.- 8 Social Rights Beyond the Traditional Welfare State: International Instruments and the Concept of Individual Entitlements.- 9 The Role of Non-Governmental Organizations in the International Labor Organization.- 10 Welfare and Democracy on a Global Level: The WTO as a Case Study.- lOA Comment.- 11 International Labor Standards and International Trade Law.- 11A Comment.- 12 Enhancing the Role of NGOs in the Global Arena: Towards a New Regime on International Labor Standards.- Appendices.

The effects of US predominance on the elaboration of treaty regimes and on the evolution of the law of treaties

History shows that it is very generally much more efficient in the long run for States to “apply power within the framework of an institution or legal system,” rather than to resort to raw military force or economic coercion. The most obvious reason for this is that turning a relationship between two or more entities of unequal power which is – ex hypothesi – initially based upon sheer material power into a relationship which enjoys the recognition and protection of the law inevitably legitimizes the factual domination exerted by the more powerful State over the other(s). This transformation entitles the former to resort to the means put at its disposal by the international legal system in order to enforce the – now legal – obligations owed to it by the latter, within the “neutral” framework of international law. The very notions of “force” or “power” are thereby obliterated to a large extent. It thus seems particularly relevant, against this background and in the framework of the present project, to inquire into the possible impact of the supremacy enjoyed by the United States in international relations since the end of the Cold War on the formation of international law through one of its most classical means, the conclusion of treaties. Treaties indeed remain one of the most significant and privileged ways to “produce” international legal norms nowadays.

The Role of Non-Governmental Organizations in the International Labor Organization

The International Labor Organization (ILO) is the main international institution for developing, promoting and implementing social standards. Is this organization institutionally adapted to modern conditions? This question arises in light of the general discussion on representation deficits in international relations (I). Many observers have identified NGOs as actors who could compensate such perceived deficits (II). Given the purpose and the activities of the ILO (III), it appears worthwhile to review the present role of NGOs within the ILO structures (IV). This analysis is aimed at assessing possible representation deficits of the organization (V) so that further conclusions may be drawn (VI).