Alleviating everyday friction through good neighbourliness

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dc.contributor.author Hertogen, An en
dc.coverage.spatial University House, Canberra, Australia en
dc.date.accessioned 2018-10-09T01:45:14Z en
dc.date.issued 2016-06-30 en
dc.identifier.uri http://hdl.handle.net/2292/39721 en
dc.description.abstract This paper explores how the good neighbourliness principle can lessen friction between sovereign states. While friction is at its most visible when armed force is used, it can result from a variety of everyday governance decisions, for example: when a state approves industrial activities that cause pollution in another state; when a state’s monetary, trade, or fiscal policies improve its economy’s competitiveness at the expense of that of its trading partners; or when a state tolerates, or even actively promotes, practices that other states may find offensive. Alleviating such friction between states is an important task for international law that is becoming ever more important in our increasingly interdependent world. Common response strategies are the conclusion of international agreements or the transfer of powers from states to international organisations. However, these are often painstakingly slow to achieve, if they even generate a successful result at all. In light of this, we need legal rules and principles that balance the sovereignty concerns and interests of both acting and affected states so as to avoid the friction caused by the everyday exercise of states’ sovereignty. The proposed paper examines the potential of the good neighbourliness principle to achieve a fair outcome between all states involved, even in the absence of a formal agreement or an international organisation. The paper explores the meaning and origins of this principle, and reflects on its legal status. It establishes that many rules and principles in international environmental law already draw on the good neighbourliness principle, and examines how these rules and principles can in turn inspire the development of international law in other areas in which the interdependence of states manifests itself, particularly where the impacts are not of a physical nature. en
dc.relation.ispartof Panel 2: Land, territory, jurisdiction en
dc.relation.ispartof ANZSIL 24th Annual Conference en
dc.rights Items in ResearchSpace are protected by copyright, with all rights reserved, unless otherwise indicated. Previously published items are made available in accordance with the copyright policy of the publisher. en
dc.rights.uri https://researchspace.auckland.ac.nz/docs/uoa-docs/rights.htm en
dc.title Alleviating everyday friction through good neighbourliness en
dc.type Presentation en
dc.rights.holder Copyright: The author en
pubs.author-url http://www.anzsil.org.au/resources/2016%20Conference/2016_ANZSIL%20program_WEB_F1.pdf en
pubs.finish-date 2016-07-02 en
pubs.start-date 2016-06-30 en
dc.rights.accessrights http://purl.org/eprint/accessRights/RestrictedAccess en
pubs.subtype Conference Oral Presentation en
pubs.elements-id 545661 en
pubs.org-id Law en
pubs.org-id Faculty Administration Law en
pubs.record-created-at-source-date 2016-11-09 en


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