‘From Seoul with love': the continuing relevance of the 1986 Seoul ILA declaration on progressive development of public international law relating to a new international economic order

The purpose of this article is to reconsider, in the light of global developments and other challenges, attempts over the past four decades to agree principles and rules of international law relating to the establishment and operation of a New International Economic Order (NIEO). For its critics, the NIEO was a one-sided attempt, based on unsound legal and economic principles, to undermine the integrity of the global economic system, a system that had played a vital role in permitting the world to recover following the tragedy of the Second World War. For its proponents, it was, on the other hand, a life-and-death attempt to reorder a system that was perpetually and unfairly biased against the poor majority; ‘life-and-death’ because the poverty that results from lack of development was not (nor continues to be) an abstract issue. In particular, in seeking to narrow the fi eld of enquiry, this article will review the attempt by the non-governmental International Law Association (ILA)– acting through its international committee on the topic – to forge a clearer North-South consensus on this matter through the adoption of its 1986 Seoul Declaration on Progressive Development of Principles of Public International Law relating to a New International Economic Order. In consciously trying to overcome some of the more overt political divisions within the UN General Assembly, the ILA sought to find carefully crafted compromises on such topics as permanent sovereignty over natural resources, specifi cally expropriation, the right to development, common heritage of mankind, as well as on broader issues of equality, equity and economic solidarity. Now, over twenty years after Seoul, it is fitting to consider whether the 1986 Declaration, in trying to move the debate forward, ultimately proved little more than a symbolic, but largely futile, gesture. Was this legal desiratum just too idealistic and utopian, particularly in the light of changing global circumstances and political realities

From the depths: rich pickings of principles of sustainable development and general international law on the ocean floor - the Seabed Disputes Chamber’s 2011 advisory opinion

In February 2011, the Seabed Disputes Chamber of the International Tribunal for the Law of the Sea handed down its Advisory Opinion in Responsibilities and Obligations of States Sponsoring Persons and Entities with respect to Activities in the Area. Although primarily focused on governance of the deep seabed beyond national jurisdiction (‘the Area’), the Opinion has wider relevance for both international environmental law and general international law. More specifically, although sustainable development is not directly referenced in the Opinion, this article argues that it goes a long way towards strengthening many of the emerging normative rules associated with it. Using the International Law Association’s 2002 New Delhi Declaration of Principles of International Law relating to Sustainable Development as a framework, this article specifically analyses the Advisory Opinion’s contribution to the sustainable use of natural resources, the precautionary approach, common but differentiated responsibilities, and the principle of good governance

Transitional justice in times of 'exponential change': constructing normative frameworks fit for purpose - the importance of general international law

In the attempt to reformulate transitional justice to include broader rule of law approaches, there are substantial challenges in ensuring institutional, normative, and policy coherence. Though the rhetoric of the UN policy ‘pillars’ of human rights, development, and peace and security is uncontroversial and commendable, achieving it through tangential legal regimes is problematic. With at least three forms of incoherence at work: within a regime, between legal regimes, and between regimes and the UN’s policy goals, ensuring effective responses requires resort to tools of general international law. The chapter comes to three conclusions: first, that as achieving transitional justice requires reliance upon divergent areas of international law, general issues of normative ordering and fragmentation must be confronted. Secondly, normative incoherence can be mitigated through a range of general techniques, including the development of unified substantive (‘primary’) rules across regimes – using the principle of prevention here as the example – and recourse to treaty interpretation as a secondary tool to maximise rule-linkage. Thirdly, there are a number of meta-, or overriding, principles which might assist with developing an overarching coherence, including the concept of sustainable development and various principles of human rights. Thus, transitional justice as both a policy and legal objective should not eschew, and indeed benefits from, precepts and techniques of the general legal order

Complaint and grievance mechanisms in international law: one piece of the accountability jigsaw?

In the rules and principles that guide and regulate international organisations, there has been a gradual, yet noticeable, transformation from a model premised upon a narrow conception of inter-governmentalism and formal legalism to one that is increasingly receptive to broader constitutional notions, including ideals such as enhancing legitimacy and promoting good governance.1 In this process, concepts such as accountability, transparency, public participation and due administration have become prevalent both in the rhetoric and everyday reality of international organisations. This article focuses upon one element of this wider discourse, namely the increased adoption within the international community of complaint and grievance mechanisms that operate outside the traditional legal framework

“You will always have the poor”: a reflection on the paradox of justice as law

Calls for, and arguments around, fairness and justice are an essential element of international law; more so in certain areas – environment and natural resources, development – than in others, namely, the structural design of the discipline, State responsibility, formation of custom and acquisition of territory. The article thus considers the question whether there is an obligation of fair entitlement in international law, with particular reference to various matters of territory. With reflections on the discrete questions of territorial loss through sea-level rise and the role of equity in maritime delimitation, the article considers the role of fairness and justice in international law. The article concludes nevertheless that though fairness is an important and emotive value to strive for within legal and political discourse, it can become a dangerous entitlement when it trumps or usurps established rules of international law

Exercise-induced muscle damage is reduced in resistance-trained males by branched chain amino acids: a randomized, double-blind, placebo controlled study

Background: It is well documented that exercise-induced muscle damage (EIMD) decreases muscle function and causes soreness and discomfort. Branched-chain amino acid (BCAA) supplementation has been shown to increase protein synthesis and decrease muscle protein breakdown, however, the effects of BCAAs on recovery from damaging resistance training are unclear. Therefore, the aim of this study was to examine the effects of a BCAA supplementation on markers of muscle damage elicited via a sport specific bout of damaging exercise in trained volunteers. Methods: Twelve males (mean ± SD age, 23 ± 2 y; stature, 178.3 ± 3.6 cm and body mass, 79.6 ± 8.4 kg) were randomly assigned to a supplement (n = 6) or placebo (n = 6) group. The damaging exercise consisted of 100 consecutive drop-jumps. Creatine kinase (CK), maximal voluntary contraction (MVC), muscle soreness (DOMS), vertical jump (VJ), thigh circumference (TC) and calf circumference (CC) were measured as markers of muscle damage. All variables were measured immediately before the damaging exercise and at 24, 48, 72 and 96 h post-exercise. Results: A significant time effect was seen for all variables. There were significant group effects showing a reduction in CK efflux and muscle soreness in the BCAA group compared to the placebo (P < 0.05). Furthermore, the recovery of MVC was greater in the BCAA group (P < 0.05). The VJ, TC and CC were not different between groups. Conclusion: The present study has shown that BCAA administered before and following damaging resistance exercise reduces indices of muscle damage and accelerates recovery in resistance-trained males. It seems likely that BCAA provided greater bioavailablity of substrate to improve protein synthesis and thereby the extent of secondary muscle damage associated with strenuous resistance exercise. Clinical Trial Registration Number: NCT01529281

Consistency of pacing and metabolic responses during 2000-m rowing ergometry

PURPOSE: This study investigated the pacing strategy adopted and the consistency of performance and related physiological parameters across three 2000-m rowing-ergometer tests. METHODS: Fourteen male well-trained rowers took part in the study. Each participant performed three 2000-m rowing-ergometer tests interspersed by 3-7 d. Throughout the trials, respiratory exchange and heart rate were recorded and power output and stroke rate were analyzed over each 500 m of the test. At the completion of the trial, assessments of blood lactate and rating of perceived exertion were measured. RESULTS: Ergometer performance was unchanged across the 3 trials; however, pacing strategy changed from trial 1, which featured a higher starting power output and more progressive decrease in power, to trials 2 and 3, which were characterized by a more conservative start and an end spurt with increased power output during the final 500 m. Mean typical error (TE; %) across the three 2000-m trials was 2.4%, and variability was low to moderate for all assessed physiological variables (TE range = 1.4-5.1%) with the exception of peak lactate (TE = 11.5%). CONCLUSIONS: Performance and physiological responses during 2000-m rowing ergometry were found to be consistent over 3 trials. The variations observed in pacing strategy between trial 1 and trials 2 and 3 suggest that a habituation trial is required before an intervention study and that participants move from a positive to a reverse-J-shaped strategy, which may partly explain conflicting reports in the pacing strategy exhibited during 2000-m rowing-ergometer trials

Development of a simulated round of golf

Purpose The aim of this study was to develop a laboratory-based treadmill simulation of the on-course physiological demands of an 18-hole round of golf and to identify the underlying physiological responses. Methods Eight amateur golfers completed a round of golf during which heart rate (HR), steps taken, and global positioning system (GPS) data were assessed. The GPS data were used to create a simulated discontinuous round on a treadmill. Steps taken and HR were recorded during the simulated round. Results During the on-course round, players covered a mean (±SD) of 8,251 ± 450 m, taking 12,766 ± 1,530 steps. The mean exercise intensity during the on-course round was 31.4 ± 9.3% of age-predicted heart rate reserve (%HRR) or 55.6 ± 4.4% of age-predicted maximum HR (%HRmax). There were no significant differences between the simulated round and the on-course round for %HRR (P = .537) or %HR max (P = .561) over the entire round or for each individual hole. Furthermore, there were no significant differences between the two rounds for steps taken. Typical error values for steps taken, HR, %HRmax, and %HRR were 1,083 steps, ±7.6 b·min?1, ±4.5%, and ±8.1%, respectively. Conclusion Overall, the simulated round of golf successfully recreated the demands of an on-course round. This simulated round could be used as a research tool to assess the extent of fatigue during a round of golf or the impact of various interventions on golfers

In the matter of the South China Sea Arbitration: Republic of Philippines v People’s Republic of China, arbitral tribunal constituted under Annex VII to the 1982 United Nations Law of the Sea Convention, case No. 2013-19, Award of 12 July 2016

The Award in the Matter of the South China Sea issued by an arbitral tribunal in July 2016 is a major contribution to the jurisprudence on the law of the sea, the rules of marine environmental protection and various other aspects of general international law and dispute settlement. It is, of course, beyond this case note to answer whether the Award will ultimately contribute to the peaceful resolution of one of the most intractable and contentious international situations. Nevertheless, as an Award given under a treaty – the 1982 United Nations Convention on the Law of the Sea (UNCLOS) – that is binding on both States as parties thereto, ‘[i]t goes without saying that both Parties are obliged to resolve their dispute peacefully and to comply with the Convention and this Award in good faith’.1 Within the scope of a case note it is not possible to detail the geo-politics of the dispute or to reflect on its future significance. In fact, as it runs to over 475 pages, it is difficult to do little more than outline some of the legal issues arising from the Award. Nevertheless, despite its length and complexity, the Award represents at its heart a classical reassertion of the necessary balancing of rights and obligations that UNCLOS has always sought to achieve. As the preamble to the Convention very famously had cause to note: ‘the desirability of establishing through this Convention, with due regard for the sovereignty of all States, a legal order for the seas’. The case note is divided into three parts; Part 1 will provide an overview of the dispute and a history of the proceedings and Part 2 will provide a summary of some of the key findings – and underlying reasoning – to many of the most contentious issues on maritime entitlement. Part 3 will then focus on those aspects of the Award more specifically related to environmental protection and the conservation of natural resources. The case note will conclude by suggesting that notwithstanding the low probability of China’s formal compliance with the Award, the reasoning in this Award will be influential both as a matter of general international law but it will also likely reframe the South China Sea dispute whether its leading protagonist wishes it to or not

The global goals: formalism foregone, contested legality and “re-imaginings” of international law

The Global Goals adopted in 2015 are the next phase in the UN’s plans to tackle poverty and the systemic causes of under-development and other global problems. As with the previous Millennium Development Goals, the Global Goals are expressly political in nature. This paper considers the function, status and role of international law in global development and, in particular, how the Global Goals might be perceived in legal terms. The paper rejects the argument that they represent customary law due to weaknesses in State practice and opinio juris, and is unpersuaded that it is helpful to categorise them as soft law as their purpose is aspirational and not regulatory. Thus, the Goals exist in an arena of contested legality. Two “re-imaginings” of international law are proposed; first, by connecting them to the non-binding Maastricht Principles on the Extraterritorial Obligations of States in the Area of Economic, Social and Cultural Rights and secondly, by linking them to ideas of international solidarity. The paper concludes that neither provides easy solutions. Nevertheless, what both do – in their own way – is to force us to question why international law isn’t viewed as an acceptable conduit for the advancement of global development