Margaret Young

Regime interaction in international Law: Facing fragmentation

Publisher: Cambridge University Press

Date: 12-01-2012

DOI: 10.1017/CBO9780511862403

Abstract: This major extension of existing scholarship on the fragmentation of international law utilises the concept of 'regimes' from international law and international relations literature to define functional areas such as human rights or trade law. Responding to existing approaches, which focus on the resolution of conflicting norms between regimes, it contains a variety of critical, sociological and doctrinal perspectives on regime interaction. Leading international law scholars and practitioners reflect on how, in situations of ersity and concurrent activity, such interaction shapes and controls knowledge and norms in often hegemonic ways. The contributors draw on topical ex les of interacting regimes, including climate, trade and investment regimes, to argue for new methods of regime interaction. Together, the essays combine approaches from international, transnational and comparative constitutional law to provide important insights into an issue that continues to challenge international legal theory and practice.

Biodiversity beyond National Jurisdiction: Regimes and Their Interaction

Publisher: Cambridge University Press (CUP)

Date: 2018

DOI: 10.1017/AJU.2018.47

Abstract: International efforts to better conserve the marine biological ersity of areas beyond national jurisdiction (BBNJ) through a new international legally binding instrument 1 are developing in a context of established norms and institutions. Existing regimes already address specific marine sectors (such as shipping), regions (such as fishing in the South East Atlantic), species (such as whales), and even underlying customary international law and territorial concepts (including the boundaries of the “high seas” 2 ). States have agreed that they will not “undermine” these existing frameworks. 3 We seek to contextualize this commitment within the fragmentation of international law and the interaction between regimes. 4 We argue that international law-making should not be overly restricted by deference to existing competencies and mandates, which are fluid and asymmetrically supported. An inclusive and adaptive approach to existing and future institutions is vital in the ongoing quest for integrated and effective oceans governance.

Introduction: The productive friction between regimes

Publisher: Cambridge University Press

Date: 12-01-2012

DOI: 10.1017/CBO9780511862403.001

NET ZERO EMISSIONS AND FREE TRADE AGREEMENTS: EFFORTS AT INTEGRATING CLIMATE GOALS BY THE UNITED KINGDOM AND AUSTRALIA

Publisher: Cambridge University Press (CUP)

Date: 04-2023

DOI: 10.1017/S002058932300012X

Abstract: The negotiation of the free trade agreement (FTA) between Australia and the United Kingdom promised to integrate trade and climate policies. As a leader of the United Nations Framework Convention on Climate Change (UNFCCC) conference in Glasgow, the UK seemed well-placed to exert pressure on Australia, a country that was yet to embrace a target of net zero emissions by 2050. This article asks whether the FTA achieves this aim. It explains the link between trade liberalisation and climate change, referring to the scale and composition of economic activity and drawing upon ex les from energy, agriculture, building and transportation sectors, as well as strategic factors. It provides an original analytical framework to assess the FTA's contributions to climate change goals, pointing to: (1) provisions to strengthen climate commitments, including net zero targets (2) provisions to facilitate trade and investment in climate-related areas and (3) provisions relating to enforcement and cooperation. It compares selected initiatives of other FTAs, including the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), the European Union–Canada Comprehensive Economic and Trade Agreement (CETA), the UK–New Zealand FTA and the Singapore–Australia Green Economy Agreement. It reviews the FTA's negotiating process and its aftermath, including complaints about public participation. The article's conclusion that the FTA makes minimal contribution to climate change mitigation has implications for the broader quest for mutually supportive trade and climate policies, and, now that a net zero target has been legislated by the newly elected Australian Parliament, for the FTA's future implementation.

Regime interaction in creating, implementing and enforcing international Law

Publisher: Cambridge University Press

Date: 12-01-2012

DOI: 10.1017/CBO9780511862403.005

REDD+ and interacting legal regimes

Publisher: Edward Elgar Publishing

Date: 29-04-2016

DOI: 10.4337/9781783478316.00017

International trade law compatibility of market-related measures to combat illegal, unreported and unregulated (IUU) fishing

Publisher: Elsevier BV

Date: 07-2016

DOI: 10.1016/J.MARPOL.2016.01.025

Trade Measures to Address Environmental Concerns in Faraway Places: Jurisdictional Issues

Publisher: Wiley

Date: 11-2014

DOI: 10.1111/REEL.12096

Energy transitions and trade law: lessons from the reform of fisheries subsidies

Publisher: Springer Science and Business Media LLC

Date: 24-03-2017

DOI: 10.1007/S10784-017-9360-2

Food security, sustainability and trade distortions: Fisheries subsidies and the WTO

Publisher: Edward Elgar Publishing

Date: 31-10-2012

DOI: 10.4337/9780857939388.00022

Fragmentation or interaction: The WTO, fisheries subsidies, and international law

Publisher: Cambridge University Press (CUP)

Date: 17-09-2009

DOI: 10.1017/S1474745609990140

Abstract: Subsidies to the fishing sector have trade and ecological consequences, especially for fisheries that are over-exploited. In response, WTO members are negotiating to clarify and improve the Agreement on Subsidies and Countervailing Measures. Yet significant legal challenges constrain this ongoing effort because fisheries conservation and management matters are often addressed by the United Nations Convention on the Law of the Sea, instruments of the Food and Agriculture Organization, and other legal regimes to which some WTO members have not consented. This article analyses modes of learning and information exchange within the WTO regime, and compares the proposed use of standards, benchmarks, and peer review in the draft fisheries subsidies rules with existing arrangements between the WTO and organizations such as the OECD and product standard-setting bodies. It argues that novel deliberative strategies of regime interaction are more important in resolving the challenges posed by international law's fragmentation than adherence to strict mandates or legal hierarchies.

II. The WTO'S use of relevant rules of international law: An analysis of the biotech case

Publisher: Cambridge University Press (CUP)

Date: 10-2007

DOI: 10.1093/ICLQ/LEI207

Trading Fish, Saving Fish

Publisher: Cambridge University Press

Date: 14-04-2009

DOI: 10.1017/CBO9780511974526

Abstract: Numerous international legal regimes now seek to address the global depletion of fish stocks, and increasingly their activities overlap. The relevant laws were developed at different times by different groups of states. They are motivated by ergent economic approaches, influenced by disparate non-state actors, and implemented by separate institutions such as the World Trade Organization and the United Nations Food and Agriculture Organization. Margaret Young shows how these and other factors affect the interaction between regimes. Her empirical and doctrinal analysis moves beyond the discussion of conflicting norms that has dominated the fragmentation debate. Case-studies include the negotiation of new rules on fisheries subsidies, the restriction of trade in endangered marine species and the adjudication of fisheries import bans. She explores how regimes should interact, in fisheries governance and beyond, to offer insights into the practice and legitimacy of regime interaction in international law.

Studying Country-Specific Engagements with the International Court of Justice

Publisher: Oxford University Press (OUP)

Date: 20-09-2019

DOI: 10.1093/JNLIDS/IDZ018

Abstract: Countries engage with the International Court of Justice (ICJ) as litigants, as participants in advisory proceedings and, less directly, through contributions of nationals as judges or lawyers. A broad range of scholarship within the discipline of public international law examines this engagement. Specific regional experiences are often emphasized and grouped, for ex le, by western, African or Asian accounts. Yet the nature and extent of scholarship on a single country’s engagement with the Court are less commonly explored. This article surveys scholarly approaches to specific domestic engagement with the ICJ. It focuses on six countries—Australia, France, Nicaragua, Russia, the UK and the USA—and examines the scholarship generated by each of these countries’ encounters with the Court. This scholarship provides insights into politics, history, institutional practice, professional experience and international legal doctrine. Preliminary in scope, the article points to the value of empirical, historical and country-specific accounts of the work of the ICJ.

University Of Melbourne Law School

Location: Australia

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University Of Cambridge

Location: United Kingdom of Great Britain and Northern Ireland

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University Of Melbourne

Location: Australia

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ARC Future Fellowships - Grant ID: FT220100418

Start Date: 06-2023

End Date: 06-2027

Amount: $1,080,000.00

Funder: Australian Research Council

Discovery Projects - Grant ID: DP110100259

Start Date: 05-2011

End Date: 10-2017

Amount: $305,000.00

Funder: Australian Research Council

Discovery Projects - Grant ID: DP180101318

Start Date: 05-2018

End Date: 05-2024

Amount: $424,608.00

Funder: Australian Research Council

Climate Change Law And Mitigation: Forest Carbon Sequestration And Indigenous And Local Community Rights

Start Date: 2011

End Date: 2013

Funder: Australian Research Council

Research Network On Regime Complexes And Fragmentation

Start Date: 2015

End Date: 2019

Funder: Fonds Wetenschappelijk Onderzoek