This book is a selection of papers from a conference which took place at the University of Keele in July 1982. The conference was an extraordinarily enjoyable one, and we would like to take this opportunity of thanking all participants for helping to make it so. The conference was intended to allow scholars working on different aspects of symbolic behaviour to compare findings, to look for common ground, and to identify differences between the various areas. We hope that it was (...) successful in these aims: the assiduous reader may judge for himself. Several themes emerged during the course of the conference. Some of these were: 1. There is a distinction to be made between those symbol systems which attempt, more or less directly, to represent a state of affairs in the world (e. g. language, drawing, map and navigational skill) and those in which the representational function is complemented, if not overshadowed, by properties of the symbol system itself, and the systematic inter-relations that symbols can have to one another (e. g. music, mathematics). The distinction is not absolute, for the nature of all symbolic skills is, in part, a function of the structure of the symbolic system employed. Nonetheless, this distinction helps us to understand some common acquisition difficulties, such as that experienced in mathematics, where mental manipulation of symbols can go awry if a child assumes too close a correspondence between mathematical symbols and the world they represent. 2. (shrink)

Treaty Norms and Climate Change MitigationDarrel MoellendorfCurrently the international community is discussing the regulatory framework to replace the Kyoto Protocol after 2012. The unveiling of the new framework is scheduled to occur at the December 2009 COP in Copenhagen. The stakes are high, since any treaty will affect the development prospects of per capita poor countries and will determine the climate change–related costs borne by poor people for centuries to come. Failure to arrive at an agreement would have grave effects (...) on the development prospects of poor countries, many of which will experience the most severe effects of climate change. The original UNFCCC treaty recognizes these kinds of concerns and requires that further treaty negotiation pay them heed. Any agreement will be required to conform to UNFCCC norms related to sustainable development and the equitable distribution of responsibilities. In this paper I argue that UNFCCC norms tightly constrain the range of acceptable agreements for the distribution of burdens to mitigate climate change. I conclude that any legitimate treaty must put much heavier mitigation burdens on industrialized developed countries. Of the various proposals that have received international attention, two in particular stand out as possibly satisfying UNFCCC norms regarding the distribution of responsibilities. (shrink)

Researchers, when engaging with Māori communities, are in a process of relationship building and this process can be guided by the principles of the Treaty of Waitangi, partnership, participation and protection. The main concerns for many indigenous peoples in research revolve around respect for their indigenous rights, control over research processes and reciprocity within research relationships to ensure that equitable benefits are realised within indigenous groups. Māori have identified similar issues and these concerns can be aligned with the principles of (...) the Treaty of Waitangi. The relevance of the Treaty of Waitangi to research ethics is discussed and this paper suggests a revised interpretation of the treaty principles to incorporate the range of ethical issues that Māori have expressed as important. (shrink)

new treatie on human understanding, pursuing Spinoza and Locke.

In the ancient Roman world, as in modern times, treaties were usually made between sovereign states. Indeed, prior to the Social War, the foedus was a significant element in relations between Rome and the non-Latin allies . However, the Romans also had treaties with Italian communities integrated to various degrees with their own state. These communities included both the Latin allies and cities possessing full or partial Roman citizenship.

It is a common charge that treaties, perhaps especially recent treaties relating to economic activity, provide unreasonable restrictions on the sovereignty of the state parties. While this charge has been made most forcefully by smaller states, it is sometimes raised with justification by larger states or state-like bodies such as the E.U. as well. When a tribunal judging a dispute on an economic treaty tells a state that it may no longer make decisions such as to accept or (...) reject genetically modified foods, allow internet gambling, or produce generic drugs for domestic consumption, the citizens of the state may rightfully think they have lost important aspects of sovereignty to bodies that do not have legitimate authority to govern. This, in turn, makes negotiating treaties, despite their obvious value, much harder than it otherwise would be, leading to decreased cooperation and the forgoing of potentially significant gain. In this paper, I argue that by importing certain ideas from contract theory to the interpretation of treaties, these worries may be significantly reduced. Contracts have the seemingly paradoxical ability to increase the autonomy of the signers by allowing them to bind themselves to perform certain future actions. But, the ability of contracts to perform this function would be greatly reduced if the only possible remedy for breach were specific performance. Yet, an analogous approach to treaties is common among many important theorists of international law, who demand the equivalence of specific performance in the case of treaties. I will show how importing ideas from contract law can help ensure that treaties, especially economic treaties, are sovereignty-enhancing for states in a way that is similar to the way that contracts may be autonomy-enhancing for individuals, and will show that importing these elements from contract law will strengthen, not undermine, the legitimacy and fairness of international law. (Please download the full paper from SSRN at the link on this page). (shrink)

In this article I want to consider whether the authority of the United States to enter into treaties in a global environment is limited by constitutional constraints. The issue arises because a reasonable interpretation of the language of Article VI would place the treaty power on the same status-footing as the Constitution of the United States. But if that is the case, then presumably a treaty might be designed that could delegate constitutional powers to bodies like the United Nations, (...) the North Atlantic Treaty Organization (“NATO”), the International Monetary Fund, the World Trade Organization (“WTO”), or other international organizations. Or, a treaty might be designed to reserve particular constitutional rights – like the Sixth Amendment right to trial by jury in criminal cases – from operating within certain contexts as might concern areas over which the United States exercises territorial jurisdiction, for example, Guam, Puerto Rico, and in other contexts where only international agreements apply. (shrink)

This study investigates the determinants of the ratification of International Covenant on Economic, Social, and Cultural Rights (ICESCR). To do so, it proposes an explanation that postulates that states employ treaty ratification as a device to signal their resolve to implement polices required by the treaty at issue in order to appease demanding domestic constituencies, predicting that states with lower compliance capacity tend to commit faster than states with higher compliance capacity. Applying this explanation to the ICESCR leads to two (...) expectations. First, the larger government spending a proxy of high compliance capacity is hypothesized to delay the ratification process. Second, states with the unitary system are expected to ratify the ICESCR more promptly because the centralized power structure in unitary states significantly restricts the pursuit of the policy autonomy by minorities at local level that the right to self-determination entails. The Cox proportional hazard analysis lends support to both hypotheses. (shrink)

The COVID-19 pandemic revealed numerous weaknesses in pandemic preparedness and response, including underfunding, inadequate surveillance, and inequitable distribution of countermeasures. To overcome these weaknesses for future pandemics, WHO released a zero draft of a pandemic treaty in February, 2023, and subsequently a revised bureau's text in May, 2023. COVID-19 made clear that pandemic prevention, preparedness, and response reflect choices and value judgements. These decisions are therefore not a purely scientific or technical exercise, but are fundamentally grounded in ethics. The latest (...) treaty draft reflects these ethical considerations by including a section entitled Guiding Principles and Approaches. Most of these principles are ethical—they establish core values that undergird the treaty. Unfortunately, the treaty draft's set of principles are numerous, overlapping, and show inadequate coherence and consistency. We propose two improvements to this section of the draft pandemic treaty. First, key guiding ethical principles should be clearer and more precise than they currently are. Second, the link between ethical principles and policy implementation should be clearly established and define boundaries on acceptable interpretation, ensuring that signatories abide by these principles. (shrink)

Rome and Carthage had established peaceful diplomatic relations before 300 b.c. — as early as the close of the sixth century according to Polybius, whose dating there no longer seems good cause to doubt. A second treaty was struck probably in 348. Both dealt essentially with traders' and travellers' obligations and entitlements, so any military or political terms sprang from that context. In both, the Carthaginians agreed to hand over any independent town they captured in Latium. In the first treaty (...) they were not to establish a fort in Latium either; in the second, the Romans were not to found a city in Carthaginian Africa, Spain or Sardinia. But independent military considerations are the stuff of a third treaty concluded during Rome's war with Pyrrhus. Rome and Carthage now pledged each other military aid in certain circumstances, as we shall see. And ‘geopolitical’ concerns of a very broad kind imbued a treaty which was reported by the third-century historian Philinus of Agrigentum. By this, he stated, ‘the Romans must keep out of the whole of Sicily, the Carthaginians out of Italy’ . This is Polybius' citation of Philinus' allegation; Polybius himself then roundly rejects the very existence of such a pact and declares himself at a loss to understand how his predecessor could record it, but modern scholarship is no longer all that ready to accept his view. A strong majority of historians prefer to follow the Agrigentine, and many see 306 b.c. as the likely year for the agreement because Livy records a ‘renewal’ then of a foedus with Carthage. (shrink)

following Spinoza an, somewhat, Locke, trough a luminous path of a unique philosophical adventure.

In this article the author analyses specific reservations that are being done to the international documents for the protection of human rights and whether Vienna Convention on the Law of the Treaties applies to those human rights treaties or not. Also, the author analyses if reservations, which are incompatible with object and purpose of the treaty, can be done or not and what consequences they might bring. For this reason the author describes the practice of the state members (...) under the Convention on the Elimination of All Forms of Discrimination against Women and International Covenant on Civil and Political Rights. These treaties were chosen not only because they laid down the most significant principles of the protection of human rights, but also due to the great number of reservations made to the fundamental provisions of these treaties. The importance of the topic is that in the human rights treaties the implementation of Vienna Convention on the Law of Treaties provisions on reservations brings several issues, even though on theoretical level the regulation of reservations seems unproblematic. Firstly, there is a major group of states (especially Islamic countries, which base their explanation on the incompatibility with Islamic law), which want to become parties to the treaties that protect human rights and make reservations to fundamental provisions of them at the same time. Secondly, the state parties that make objections to the reservations have to decide if the reservation is compatible with the object and purpose of the treaty or not. The regulation that is laid down in Vienna Convention on the Law of Treaties creates difficulties for the state parties and withdrawal of reservations seems to be more problematic in reality than it is in theory. In order to find the solutions for the above mentioned issues, the author analyses whether the Vienna Convention on the Law of the Treaties regime works properly within the mechanism of making reservations to the human rights treaties or not, what reservations should be kept invalid under the human rights treaties and what could be the solutions for the most effective protection from the invalid reservations that address fundamental rights of human beings in the human rights law. (shrink)

Militairy technology is developing at a rapid pace and we are seeing a growing number of weapons with increasing levels of autonomy being developed and deployed. This raises various legal, ethical, and security concerns. The absence of clear international rules setting limits and governing the use of autonomous weapons is extremely concerning. There is an urgent need for the international community to work together towards a treaty not only to safeguard ethical and legal norms, but also for our shared security. (...) This article explains why a treaty on autonomous weapons is needed and achievable. It goes into what a treaty could consist of to establish an international norm and set rules and limits on autonomy in weapon systems. (shrink)

Equity is a foundational concept for the new World Health Organization (WHO) Pandemic Treaty. WHO Member States are currently negotiating to turn this undefined concept into tangible outcomes by borrowing a policy mechanism from international environmental law: “access and benefit-sharing” (ABS).

In contrast to certain recent work, which supposes that the fetial priests were always responsible for the swearing of the oaths made upon the striking of a treaty and that the rituals they performed went unchanged for centuries, this paper argues that the treaty-making rituals of the Romans changed and developed, and that the ritual which the fetial priests performed may not have been devised until as late as the third century BC.

SummaryThis study focuses on the cultural and political context from which stemmed the French translation of the British Merchant. The paratextual and macrostructural interventions that characterised Le négotiant anglois clearly demonstrate that the translator, Véron de Forbonnais, used his work to set out his own epistemological method and his way of looking at inter-state relations. With the book, Forbonnais had distanced himself from Gournay by rejecting the idea that in order for France to prosper in a situation of international competition (...) the government needed to adopt a muscular strategy that included the adoption of a navigation act modelled on the one enacted by Britain in 1660. At the same time, Forbonnais warned French decision-makers that signing commercial treaties with the maritime powers might also be prejudicial to national economic interests. Forbonnais supplied qualified French readers not only with an annotated edition of the British Merchant but also with a translation of Davenant's Of the Use of Political Arithmetick. In so doing, he proposed to his audience a type of governance based on a competent use of statistics. In conclusion, I will argue that in Le négotiant anglois Forbonnais anticipated the key political and economical tenets of his project of ‘monarchie commerçante’, which he later set out in the Principes et observations æconomiques in order to counter the rise of the epistemology and plans for a ‘royaume agricole’ put forward by the physiocratic movement. (shrink)

The Patent Cooperation Treaty (PCT) is an international treaty that was concluded in 1970 as a special agreement under the 1883 Paris Convention for the Protection of Industrial Property. It establishes an international system for the filing and examination of patent applications and the conduct of “prior art” (technical literature) searches that is administered by a network of national and regional patent offices acting as Receiving Offices, International Searching Authorities and/or International Preliminary Examining Authorities. Its specific purpose is to help (...) inventors obtain a patent for the same invention in two or more PCT countries by allowing them to assert their claim internationally have it subjected to preliminary assessment before committing to one or more local applications. It thus reduces the risk of wasted expenditure by enabling an applicant to postpone the decision to pursue an application to grant until confident of its success. By creating a series of pre-grant procedures with recognised validity in each of the PCT’s nearly 140 countries, it also provides a basis for the harmonisation of patentability standards and facilitates the move toward the creation of an international patent. (shrink)

This book investigates whether treaty interpretation at the ECtHR and WTO, which are sometimes perceived as promoting 'self-contained' regimes, could constitute a means for unifying international law, or, conversely, might exacerbate the fragmentation of international law. In this regard, the practice of the ICJ on treaty interpretation is used for comparison, since the ICJ has made the greatest contribution to the development and clarification of international law rules and principles. Providing a critical analysis of cases at the ICJ, ECtHR and (...) WTO, both prior to and since the adoption of the 1969 Vienna Convention on the Law of Treaties, the book reveals how the ECtHR and WTO apply the general rules of treaty interpretation in patterns which are similar to those used by the ICJ to address difficulties in interpreting the text of treaties. Viewed in the light of the ECtHR's and WTO's interpretative practices, both the VCLT's general rules of interpretation and the ICJ's interpretative practice serve to counteract the fragmentation of international law.. (shrink)

‘The Greeks have two treaties with the King: the one which our city made, which all praise; and later the Lacedaemonians made the one which all condemn,’ says Demosthenes c. 350. Isocrates, however, did not always run with the pack, for a few years earlier he urged the Athenians to make peace on the basis of the treaty ‘with the King and the Lacedaemonians [which] commands the Greeks to be autonomous, the garrisons to depart from the cities of others, (...) and each people to have its own territory’. (shrink)

The Commentary on the Vienna Convention on the Law of Treaties provides an in-depth article-by-article analysis of all of the Vienna Convention's provisions. Each provision's analysis consists of (I) Purpose and Function of the Article, (II) Historical Background with Negotiating History, (III) Elements of the Article and finally (IV) Treaties of International Organizations. In short, the present Commentary contains a comprehensive legal analysis of all aspects of the international law of treaties. Furthermore, where the law of (...) class='Hi'>treaties reaches into other fields of international law, e.g. the law of state responsibility, the relevant interfaces are discussed and contextualized. With its focus on international practice, the Commentary is an invaluable reference for both academia and practitioners of international law. (shrink)

If we know that certain ways of making decisions are associated with real-life success, is this then how we should decide? In this paper the relationship between normative and descriptive theories of decision-making is examined. First, it is shown that the history of the decision sciences ensures that it is impossible to separate descriptive theories from normative ones. Second, recent psychological research implies new ways of arguing from the descriptive to the normative. The paper ends with an evaluation of how (...) this might affect normative theories of decision-making. (shrink)

One of the core debates concerning equity in the response to the threat of anthropogenic climate change is how the responsibility to reduce greenhouse gas emissions should be allocated, or, correspondingly, how the right to emit greenhouse gases should be allocated. Two alternative approaches that have been widely promoted are, first, to assign obligations to the industrialized countries on the basis of both their ability to pay and their responsibility for the majority of prior emissions, or, second, to assign emissions (...) rights on a equal per capita basis. Both these proposals ignore intra-national distributional equity. Instead, we develop a policy framework we call 'Greenhouse Development Rights' which allocates obligations to pay for climate policies on the basis of an individually quantified metric of capacity and responsibility . Crucially, the GDRs framework looks at the distribution of income within countries and treats people of equal wealth similarly, whatever country they live in. Thus even poor countries have obligations proportional to the size and wealth of their middle and upper classes, defined relative to a 'development threshold'. While this method nominally identifies the 'right to development' as applying to people, not countries, as a proposal for a treaty among sovereign nations, there is no obvious way to give legal meaning to that right. In this paper, then, we raise some of the philosophical and political questions that arise in trying to quantify capacity and responsibility and to use the 'right to development' as a principle for allocating costs.*. (shrink)

A selection of poems from a chapbook research creation regarding the mystery of the printing and distribution of the Treaty 6 parchment. Treaty 6 was signed in 1876 with the promise of parchment copies to be delivered to the signatories the following year. This delivery did not occur. A copy of the parchment with unknown provenance is housed in Bruce Peel Special Collections at the University of Alberta. These poems are part of an ongoing research project examining the implications of (...) one-sided document access in a nation-to-nation agreement. (shrink)

Obstacles to achieving a global climate treaty include disagreements about questions of justice raised by the UNFCCC's principle that countries should respond to climate change by taking cooperative action "in accordance with their common but differentiated responsibilities and respective capabilities and their social and economic conditions". Aiming to circumvent such disagreements, Climate Change Justice authors Eric Posner and David Weisbach argue against shaping treaty proposals according to requirements of either distributive or corrective justice. The USA's climate envoy, Todd Stern, takes (...) a similar position. In this article I explain the practical and theoretical drawbacks of Posner & Weisbach's welfarist perspective and propose an alternative. I show that their arguments fail to rule out John Rawls' non-utilitarian, political conception of international justice and human rights, the Law of Peoples. On this basis I develop a conception of climate justice that highlights implications of some of Rawls' principles and adds a principle for determining fair shares of climate -treaty-related benefits and burdens. I propose this conception as a moral framework for negotiating a treaty that would promote human welfare consistently with requirements of justice, and I argue that a treaty proposal satisfying these requirements could best satisfy Posner & Weisbach's own feasibility criteria. (shrink)

The volume under review is an ambitious undertaking in three parts to edit and analyze the treaties, laws, and covenants of the ancient Near Eastern world, and the authors are to be congratulated for assembling the anthology of texts in part 1. Unfortunately, both the analytic resources provided in part 2 and the historical survey in part 3 are flawed. This article explores the various factors that compromise the comparative approach employed by the authors in these two parts.

Two inscriptions, one found at Tylissos on Crete, the other found at Argos, both dated about 450, concern relations between Argos and the Cretan towns of Knossos and its smaller neighbour, Tylissos. The close relationship between the treaties of fragment A and fragment B – and therefore the interconnection among Argos, Knossos, and Tylissos – seems generally recognized by scholars. The articles of the agreement lay down a diverse and complex set of arrangements among the three parties, but as (...) a whole, the treaty has been interpreted in two ways: the three πóλεις have entered into some sort of federal union; only Argos and Knossos are signatories to the treaty, while Tylissos is a dependency of Argos. The former interpretation has gained wider acceptance than the latter, and if it is correct, just such a federal union would represent a remarkable advance in the development of Greek political institutions. In this paper we shall press a philological point based upon the information we have both from the treaty and from contemporary sources, and in so doing, we shall attempt to show that a federal union is unlikely. We shall then offer our own interpretation of the regulations governing the insular cities with regard to the formation of alliances and the declaration of friends and enemies. (shrink)

Antimicrobial resistance (AMR) is one of the defining global health threats of our time, but no international legal instrument currently offers the framework and mechanisms needed to address it. Fortunately, the actions needed to address AMR have considerable overlap with the actions needed to confront other pandemic threats.

The aim of this essay is to survey the logic behind the Tory ministerial decision to bring a quick end to the hostilities with France in the early 1710s by looking at a tri-weekly journal called The Mercator (1713–14). Founded by Henry St. John, Viscount Bolingbroke, then Secretary of State, and his economic advisor Charles Davenant, with a view to justifying their grandiose plan to liberalise the Anglo-French trade relationship as part of a new European order initiated by the Peace (...) of Utrecht, this periodical shows us how the so-called neo-Roman synthesis of libertas and imperium was exploited by the Tory administration not only to defend its isolationist outlook, but more interestingly, to reprove the pro-Dutch policy of the previous Whig government. ☆ I am grateful to both the Acton Institute for the Study of Liberty and Religion and the Institute of the Humane Studies for their generous financial assistances in preparing this paper. (shrink)

Historical political entities differ in their understanding of sovereignty. This paper studies how conceptualizations of sovereignty clashed during the peace negotiations between the Spanish Monarchy and the United Provinces of the Low Countries held during the 1640s. It argues that these different understandings of sovereignty posed a significant obstacle to the signing of the peace and, once signedm remained a potential source of instability in the relationship not only between both polities but also for the internal equilibrium of the Dutch (...) Republic. (shrink)

This article conceptualizes corporate accountability under international law and introduces an analytical framework translating corporate accountability into seven core elements. Using this analytical framework, it then systematically assesses four models that could be used in a future business and human rights treaty: the United Nations Guiding Principles on Business and Human Rights model, the Universal Declaration of Human Rights model, the progressive model, and the transformative model. It aims to contribute to the BHR treaty negotiation process by clarifying different options (...) and possible trade-offs between them, while taking into account political realities. Ultimately, the article argues in favour of the BHR treaty embracing a progressive model of corporate accountability, which combines ambitious development of international law with realistic prospects of state support. (shrink)