Project

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Positive Duties in International Law: Obligations of States, Organizations and Persons

English title Positive Duties in International Law: Obligations of States, Organizations and Persons
Applicant Nadakavukaren Schefer Krista
Number 123538
Funding scheme SNSF Professorships
Research institution Juristische Fakultät Universität Basel
Institution of higher education University of Basel - BS
Main discipline Legal sciences
Start/End 01.08.2009 - 31.05.2016
Approved amount 887'712.75
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Keywords (9)

international law; duties of states; state responsibility; responsibility to protect; private actors; international organizations; positive obligations; duty to protect; non-state actors

Lay Summary (English)

Lead
Lay summary
The global community has repeatedly failed to stop mass human suffering. While the words of "never again" resounded after 1945, they had to be proclaimed again in Rwanda, in Kosovo, in Darfur. The political response has been to debate the need for and threat of unrequested protection of humans outside a state's own boundaries. Legally, the debate is one of whether a state has the right to intervene if human rights are endangered.The current debate, however, ignores the plight of civilians in a situation where no state is willing to intervene. The relevant inquiry for this project is not "may" a state act but rather "must" a state act to protect humans and their natural environment?This project looks at the extent international law imposes legal obligations on states. To do this, we will look at long established international law (human rights, humanitarian, and diplomatic law) as well as areas that are more recent foci of scholarship (environmental, criminal, and health law) for legislation, court decisions, and influential scholarly works indicating what states must undertake to comply with the law, who must act, and the consequences of inaction. Using what we find out about the different areas of law, we will determine whether there is a single analytical framework within which we can structure state obligations.The second phase of the project will examine the positive obligations international economic law places on states, and compare our results with the analytical framework we established in the first phase. Long treated separately from general international law, the law of investment, trade, and development assistance is gaining influence in the international legal community, and at times causing a disconnect between the goals of economic liberalization and those of achieving an equal and democratic global community. We will try to answer whether the international communitycan place legal obligations on wealthy societies to ensure that the poverty-sticken groups in emerging and developing countries have the opportunity to enjoy a life of dignity.Finally, the project will address non-state actors. International organizations and non-governmental organizations (both non-profit entities and commercial ones) are increasingly recognized as having significant impacts on the global community, yet a recognition of them as international legal subjects is only beginning. We will take the newest views on what international law can demand of such entities.Our goal is to provide the creators and beneficiaries of international law a comprehensible framework for demanding that international actors assist those unable to assist themselves.
Direct link to Lay Summary Last update: 21.02.2013

Responsible applicant and co-applicants

Employees

Publications

Publication
International Investment Law
Nadakavukaren Schefer Krista (2013), International Investment Law, Edward Elgar, Cheltenham, UK.
Positive or negative, legal or moral: what duties to reduce poverty?
Nadakavukaren Schefer Krista, Leinhardt Stephanie (2013), Positive or negative, legal or moral: what duties to reduce poverty?, in Nadakavukaren Schefer Krista (ed.), Cambridge Univ. Press, Cambridge, UK, 391-394.
Poverty and the International Economic Legal System: Duties to the World's Poor
Nadakavukaren Schefer Krista (ed.) (2013), Poverty and the International Economic Legal System: Duties to the World's Poor, Cambridge University Press, Cambridge, UK.
Poverty, obligations, and the international economic legal system: what are our duties to the global poor?
Nadakavukaren Schefer Krista (2013), Poverty, obligations, and the international economic legal system: what are our duties to the global poor?, in Nadakavukaren Schefer Krista (ed.), Cambridge University Press, Cambridge, 3-15.
Preface
Nadakavukaren Schefer Krista (2013), Preface, in Nadakavukaren Schefer Krista (ed.), Cambridge University Press, Cambridge, UK, xxiii-xxxix.
Responsibility to Protect (R2P) and the Emerging Principle of Common Concern
Nadakavukaren Schefer Krista, Cottier Thomas (2012), Responsibility to Protect (R2P) and the Emerging Principle of Common Concern, in Ursula Mathis-Moser (ed.), University of Innsbruck, Innsbruck, ?-?.
Climate Change, Trade, and Investment Law: What Difference would a Real Responsibility to Protect Make?
Nadakavukaren Schefer Krista, Climate Change, Trade, and Investment Law: What Difference would a Real Responsibility to Protect Make?, in Schoenbaum Thomas and Matsushita Mitsuo (ed.), Springer, Tokyo.
Encyclopaedia of International Economic Law
Cottier Thomas and Nadakavukaren Schefer Krista (ed.), Encyclopaedia of International Economic Law, Edward Elgar, Cheltenham, UK.
International Investment Law, 2d ed.
Nadakavukaren Schefer Krista, International Investment Law, 2d ed., Edward Elgar, Cheltenham, UK.
Judicial Ethics in the International Economic Law System
Nadakavukaren Schefer Krista, Judicial Ethics in the International Economic Law System, in Henrik Olsen Palmer, Nielson Laura, and Jemielniak Joanna (ed.), Cambridge University Press, UK.
Responsibility to Protect, Climate Change, and the WTO
Nadakavukaren Schefer Krista and Arnaiz Pablo, Responsibility to Protect, Climate Change, and the WTO, in Delimatsis Panagiotis (ed.), Edward Elgar, Cheltenham, UK.
The Revised Agreement on Government Procurement and Corruption
Nadakavukaren Schefer Krista, Woldesenbet Mintewab Gebre, The Revised Agreement on Government Procurement and Corruption, in Journal of World Trade.

Scientific events

Active participation

Title Type of contribution Title of article or contribution Date Place Persons involved
Big Data and Privacy, Turkish-Swiss Law Conference Talk given at a conference Regulating Big Data: International Perspectives 28.04.2016 Lausanne, Switzerland Nadakavukaren Schefer Krista;
International Regulation of Data Transfers Talk given at a conference What are we Regulating? Charaterizing Data as a Legal ‘Res’, 07.04.2016 Basel, Switzerland Nadakavukaren Schefer Krista;
Transnational Law Colloquium Individual talk Reimagining Responsibility to Protect 29.03.2016 London, Great Britain and Northern Ireland Nadakavukaren Schefer Krista;


Communication with the public

Communication Title Media Place Year
Talks/events/exhibitions EDA Experte Dialogue: Globale Finanzflüsse und nachhaltige Entwicklung German-speaking Switzerland 2015

Associated projects

Number Title Start Funding scheme
136194 International Economic Law and Poverty: Duties to the Poor 01.10.2011 Scientific Conferences

Abstract

This project will address the structure and use of positive duties on states, international organizations, and private actors in international law. The study is based on extending the new international relations concept of a responsibility to protect populations facing genocide to a broader duty on international actors to protect individuals and the environment.Examining and analyzing existing positive duties in selected areas of international law, including international human rights law, humanitarian and peacekeeping law, international environmental law, international criminal law, and the law of diplomatic protection, the work will then turn to international economic law to study how the general structures can inform the development of positive duties in the areas of foreign direct investment and international trade regulation.
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