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International Law (international + law)
Selected AbstractsInternational Law as Political Theology: How to Read Nomos der Erde?CONSTELLATIONS: AN INTERNATIONAL JOURNAL OF CRITICAL AND DEMOCRATIC THEORY, Issue 4 2004Martti Koskenniemi First page of article [source] Cross-border insolvency in Belgian Private International LawINTERNATIONAL INSOLVENCY REVIEW, Issue 1 2006Eric Dirix Belgian PIL-rules regarding insolvency proceedings were recently changed as a result of the enactment of the new Code on Private International Law (2004). The new provisions aim to harmonise domestic rules with the system and concepts of the Insolvency Regulation. Copyright © 2006 John Wiley & Sons, Ltd. [source] Beyond Presentism: Rethinking the Enduring Co-constitutive Relationships between International Law and International Relations,INTERNATIONAL POLITICAL SOCIOLOGY, Issue 3 2010Rémi Bachand This paper challenges the views in the fields of International Relations and International Law that treat the significance of law in the international system solely on the basis of the contemporary context marked by the increased institutionalization of world politics. Instead of focusing on the relationship between rules and the conduct of actors, we conceptualize the co-constitutive relationship between law and politics, and incorporate the multiple forms of legal-political expression that constitute power relations and dynamics into our analysis. Three dimensions of the co-constitutive relations between Law and Politics are explored: legal forms, legal constraints, and the indeterminacy of law. [source] Applying International Law to the "War on Terrorism"INTERNATIONAL STUDIES REVIEW, Issue 2 2006MELISSA D. KIM No abstract is available for this article. [source] International Law as a Tool of Power PoliticsINTERNATIONAL STUDIES REVIEW, Issue 3 2005Meghana V. Nayak No abstract is available for this article. [source] Crossing Disciplinary Boundaries: International Relations Meets International LawINTERNATIONAL STUDIES REVIEW, Issue 1 2000Sonia Cardenas Book reviewed: Byers, Michael Custom, Power and the Power of Rules [source] Global Climate Change and the Fragmentation of International LawLAW & POLICY, Issue 4 2008HARRO VAN ASSELT Born into the wider body of international law, the climate regime needs to be understood in light of preexisting regimes. By drawing on the current debate about fragmentation in international law, this article highlights challenges for international lawyers and policymakers in navigating the relationship between the climate regime and the biodiversity regime, and the relationship between the climate regime and the multilateral trading system. This article concludes that a narrow focus on conflicts misrepresents the multifaceted nature of climate change and precludes an adequate jurisprudential understanding of the relationship between the climate regime and other regimes. An improved understanding, particularly with respect to interactions with the biodiversity regime, requires a broadening of the debate that takes account of the institutional aspects of these relationships that may allow enhanced political cooperation and coordination. Further, international law, and in particular the emerging concept of systemic integration, has the potential to make a positive contribution to the climate-trade interplay. [source] The Influence of International Law on Local Social MovementsPEACE & CHANGE, Issue 1 2006Mark F. Massoud First page of article [source] Atrocity, Punishment, and International Law , By Mark A. DrumblPOLITICS & POLICY, Issue 6 2008Jose Jorge Eufracio First page of article [source] State Obligation, Sovereignty, and Theories of International LawPOLITICS & POLICY, Issue 3 2001Marc G. Pufong Much of what constitutes the business of international relations is undertaken by states in response to their perceived self-interest, and the commitments of states create duties and obligations. This paper assesses critical values that permeate substantive understanding of state duties and obligations. It explores how states traditionally gain community standing and how their choices bind them to existing community norms, even though some are often contested. Assuming a state to be a bona-fide and recognized member of the international community, its self-interested activities, praise-worthy or controversial, create obligation, i.e., a moral and legal duty recognized and actionable by law. In practice, what actually constitutes obligation may not be the same in all situations, or be fulfilled similarly by the same parties, or confer the same rights. It is difficult to establish a uniform reference with which to grapple with state obligation across all situations. This difficulty, however, does not enlighten debates on state responsibilities with regard to the binding force of international law where human rights abuses and other moral/legal violations are concerned. The argument is presented that since community membership, statehood, and state capacity provide the prima-facie basis for state obligation, attempts by rogue states to raise and frame secondary issues of sovereignty and autonomy in order to fence-out noncompliance are invalid States, therefore, are obligated and duty bound by community norms despite subsequent defenses that are raised in an effort to expunge transgressions. [source] The Rule of Law, Democracy, and International Law.RATIO JURIS, Issue 4 2007Learning from the US Experience Different institutional conceptions of this relationship give rise to different attitudes towards international law. Nonetheless, questions arise that cast doubt on age-old tenets of certain Western countries concerning the radical separability between the rule of law within the domestic system and in the international realm. The article will start considering some recent developments in the United States' treatment of alien detainees. Then it shall address the relation between domestic constitutions and international legal systems, pointing out the challenge coming from the development of "super partes" international law and jus cogens. The question concerning the appeal to the rule of law will be made: Can our attitude to the rule of international law be exempted from consistency with the rule of law that we claim for our domestic system? In order to answer this question (in the negative), an appropriate theoretical perspective is eventually proposed and displayed. [source] The Duty of States to Assist Other States in Need: Ethics, Human Rights, and International LawTHE JOURNAL OF LAW, MEDICINE & ETHICS, Issue 4 2007Lawrence O. Gostin In this article, Gostin and Archer explore the varied lenses through which governments are obligated to address humanitarian needs. States'responsibilities to help others derive from domestic law, political commitments, ethical values, national interests, and international law. What is needed, however, is clarity and detailed standards so that States can operationalize this responsibility, making it real for developing countries. Transnational cooperation needs to be more effective and consistent to provide assistance for the world's poorest and least healthy people. [source] Forced Marriage as a Harm in Domestic and International LawTHE MODERN LAW REVIEW, Issue 1 2010Catherine Dauvergne This article reports on our analysis of 120 refugee cases from Australia, Canada, and Britain where an actual or threatened forced marriage was part of the claim for protection. We found that forced marriage was rarely considered by refugee decision makers to be a harm in and of itself. This finding contributes to understanding how gender and sexuality are analysed within refugee law, because the harm of forced marriage is experienced differently by lesbians, gay men and heterosexual women. We contrast our findings in the refugee case law with domestic initiatives in Europe aimed at protecting nationals from forced marriages both within Europe and elsewhere. We pay particular attention to British initiatives because they are in many ways the most far-reaching and innovative, and thus the contrast with the response of British refugee law is all the more stark. [source] Democracy, Minorities and International Law by Steven WheatleyTHE MODERN LAW REVIEW, Issue 6 2007Charlotte Steinorth First page of article [source] From ,9,11' to the Iraq War 2003: International Law in an Age of ComplexityTHE MODERN LAW REVIEW, Issue 4 2005Article first published online: 1 JUL 200, Madelaine Chiam No abstract is available for this article. [source] International Law: A Discipline of CrisisTHE MODERN LAW REVIEW, Issue 3 2002Hilary Charlesworth This article examines the way that international lawyers tend to focus on crises for the development of international law. It uses the reactions of international lawyers to NATO's intervention in Kosovo in 1999 as a case study of this tendency and argues that the crisis focus impoverishes the discipline of international law. The article proposes the idea of an international law of everyday life as an alternative. [source] International law, mixed marriage, and the law of succession in North Africa: ",but some are more equal than others"INTERNATIONAL SOCIAL SCIENCE JOURNAL, Issue 184 2005Wassila Ltaief This article deals with the issues of equality in the countries of the Maghreb and Egypt, where inequality in inheritance and with respect to interreligious marriage is of major significance. As a result, international agreements and international law take on a fluid character according to the whim of existing political systems, where legislators fluctuate between cultural particularism and the need to set themselves within the modernist movement. Yet how can one claim to be modernising countries in which half of the citizens have a truncated status and reservations attached to international agreements raise insuperable barriers against any change premised on equality between men and women? The considerations offered here start from legislation in four Muslim countries with a view to assessing the likelihood that international agreements might one day bring such countries not merely to comply with them but also to give women the place that is theirs by right. [source] The common law and international law , a dynamic contemporary dialogueLEGAL STUDIES, Issue 1 2010Hon Michael Kirby AC CMG International law, as expressed in treaties and in customary law, is of growing importance in municipal jurisdictions throughout the world. Some barriers to the use of international law in national courts are identified. Occasionally, they include scepticism and even hostility about this body of law. However, the past 60 years have witnessed a remarkable change in judicial attitudes in final courts in most Commonwealth countries. In the UK, the impact of Europe has helped create an ,incoming tide'. In South Africa, India and Canada, constitutional provisions have stimulated the change. New Zealand is now affected by its Bill of Rights Act. But, in Australia, none of these forces was available and decisional authority adhered for decades to strict dualism. The changing pace of utilisation of international law in the UK and Australia are described. In the UK, the Human Rights Act 1998 now consolidates a trend already happening in the courts. In Australia, the Mabo decision in 1992 effectively endorsed the Bangalore Principles on the municipal application of international human rights norms. This paper describes the contrasting case-law. In the foregoing countries, it concludes with a response to criticisms of judicial utilisation of international law and a suggestion of the proper jurisprudential basis that can be identified to sustain a judicial process that is now well advanced in the countries surveyed. [source] THE UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD AND THE NEED FOR ITS INCORPORATION INTO A BILL OF RIGHTSFAMILY COURT REVIEW, Issue 1 2006Hon. Alastair Nicholson In this article I discuss the failure of most democratic countries to accept or properly implement the UN Convention on the Rights of the Child, despite, except in the case of the United States, having ratified it. I consider the domestic implementation of treaties. I discuss, from an Australian perspective, that country's failure to enact a Bill of Rights and argue that children in Australia have suffered as a result. I also discuss judicial approaches to international law and compare the situation in countries such as the United States, the United Kingdom, Canada, and New Zealand and suggest that even in those countries that do have a Bill of Rights, it is not oriented toward children and therefore does not properly recognize their rights. [source] The ,New War' on Terror, Cosmopolitanism and the ,Just War' RevivalGOVERNMENT AND OPPOSITION, Issue 1 2008Helen Dexter The post-Cold War era has seen the return of the ,good war' and a move away from legal pacifism , the control of war through international law , to ,just war' theorizing. This article is concerned with the re-legitimization of warfare witnessed within the post-Cold War security paradigm that is being justified via humanitarian claims. It aims to highlight the difficult relationship that has developed since the commencement of the Bush administration's ,war on terror' between the cosmopolitan beliefs of those who have long argued for legal and legitimate humanitarian intervention, and the cosmopolitanism being espoused by the neo-conservatives of the Bush administration and the Project for the New American Century. [source] Disaggregated Sovereignty: Towards the Public Accountability of Global Government NetworksGOVERNMENT AND OPPOSITION, Issue 2 2004Anne-Marie Slaughter Networks of government officials , police investigators, financial regulators, even judges and legislators , are a key feature of world order in the twenty-first century. Yet, these networks present significant accountability and legitimacy concerns. This article identifies and responds to the potential problems of government networks by suggesting means to increase their accountability and proposing norms to govern the relations of members of government networks with one another. Finally, the article develops the concept of disaggregated sovereignty, arguing that government networks have the capacity to enter into international regulatory regimes of various types and thereby are independently bound by the existing corpus of international law. [source] The International Criminal Court: Reforming the Politics of International JusticeGOVERNMENT AND OPPOSITION, Issue 1 2003Spyros Economides The International Criminal Court (ICC) came into effect on 1 July 2002. This article gives an account of the historical background to the ICC and an overview of the Court's Statute, remit and powers. It is argued that the ICC is a highly politicized legal institution which will only be effective through inter-state cooperation. Despite its lengthy historical antecedents and legal precedents, prudence suggests that , due to the nature of international politics , the establishment of the ICC should be viewed as the beginning of a cumulative process of reforming the politics of international justice rather than the end of a process of transformation in international law. [source] Protection of Migrants' Human Rights: Principles and PracticeINTERNATIONAL MIGRATION, Issue 6 2001Heikki S. Mattila In principle, migrants enjoy the protection of international law. Key human rights instruments oblige the States Parties to extend their protection to all human beings. Such important treaties as the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights have been ratified by more than 140 states, but many political, social or economic obstacles seem to stand in the way of offering those rights to migrants. In an attempt to bridge this protection gap, the more specifically targeted International Convention on the Protection of All Migrant Workers and Members of their Families was created and adopted by the United Nations in 1990. This treaty is not yet in force, but the number of States Parties is increasing towards the required 20. In the past few years the human rights machinery of the United Nations has increased its attention towards migrants' human rights, appointing in 1999 the Special Rapporteur on the Human Rights of Migrants. Governments, as the acceding parties to international human rights instruments, remain the principal actors as guardians of the human rights of all individuals residing in their territories. Receiving countries are in a key position in the protection of the migrants that they host. However, active defence of migrants' rights is politically difficult in many countries where anti-immigrant factions are influential. Trafficking in migrants is one example of the complexity faced by states in formulating their migration policies. On the one hand, trafficking has made governments increasingly act together and combine both enforcement and protection. On the other, trafficking, with its easily acceptable human rights concerns, is often separated from the more migration-related human smuggling. The latter is a more contentious issue, related also to unofficial interests in utilizing cheap undocumented immigrant labour. [source] The International Petroleum Industry Environmental Conservation Association social responsibility working group and human rightsINTERNATIONAL SOCIAL SCIENCE JOURNAL, Issue 2005Jenny Owens This chapter describes how the oil and gas industry is responding to one specific challenge to sustainable development , the promotion of human rights. The human rights activities and practices of the industry fall into three categories: direct responsibility, shared responsibility and indirect influence. Specific responses to human rights issues are illustrated through case studies from some of the member companies of the International Petroleum Industry Environmental Conservation Association. The chapter demonstrates that the oil and gas industry has achieved substantial progress in establishing and implementing human rights policies and practices. However, the debate between industry, representatives of civil society and governments over the roles, responsibilities and accountability for human rights of transnational corporations in general, and of the oil and gas industry in particular, continues. While under international law the responsibility to protect human rights rests primarily with governments, companies and others, including non-governmental organisations and multilateral organisations, can support human rights. The industry recognises the need to develop measures to help address human rights challenges and that this effort will require co-operation and shared responsibility among all relevant actors. [source] Linking Purpose and Tactics: America and the Reconsideration of the Laws of War During the 1990sINTERNATIONAL STUDIES PERSPECTIVES, Issue 2 2008Stephanie Carvin The critique of the laws of war (and international law in general) coming out of America as the war on terror began seemed to have emerged as a response to the horror of 9/11 and the belief that the United States was now engaged in a "new paradigm" of warfare. However, the Bush administration's argument needs to be situated in a wider historical context. The source of the arguments against applying the Geneva Conventions to the prisoners caught in Afghanistan emerged well before 9/11 and can be traced to the end of the Cold War. These doctrines emerged out of the work of the "new sovereigntists" and out of the frustrations guided by coalition warfare. This paper seeks to trace the origin of these arguments which challenge the traditional division between jus ad bellum (the law governing the resort to force) and jus in bello (the law governing tactics in warfare). [source] The Right of National DefenseINTERNATIONAL STUDIES PERSPECTIVES, Issue 1 2007DAVID R. MAPEL This article argues that there are two justifications of the right of national defense. First, some states possess the right as a means of protecting legitimate domestic political institutions. Second, all states possess the right within a morally defensible form of international law. Critics have argued that the first justification does not explain why one legitimate state should have the right not to be attacked and conquered by another legitimate state. Critics have argued that the second justification does not recognize that current international law is too flawed to justify a right of national defense for all states. This article defends the right against both criticisms. It then considers the scope of the right, focusing on the issue of proportionality. The article also argues that the two justifications of the right express potentially conflicting principles of justice, which can sometimes lead to hard choices, as illustrated by the NATO intervention in Kosovo. [source] "A Hand upon the Throat of the Nation": Economic Sanctions and State Repression, 1976,2001INTERNATIONAL STUDIES QUARTERLY, Issue 3 2008Reed M. Wood While intended as a nonviolent foreign policy alternative to military intervention, sanctions have often worsened humanitarian and human rights conditions in the target country. This article examines the relationship between economic sanctions and state-sponsored repression of human rights. Drawing on both the public choice and institutional constraints literature, I argue that the imposition of economic sanctions negatively impacts human rights conditions in the target state by encouraging incumbents to increase repression. Specifically, sanctions threaten the stability of target incumbents, leading them to augment their level of repression in an effort to stabilize the regime, protect core supporters, minimize the threat posed by potential challengers, and suppress popular dissent. The empirical results support this theory. These findings provide further evidence that sanctions impose political, social, and physical hardship on civilian populations. They also underscore a need for improvements in current strategies and mechanisms by which states pursue foreign-policy goals and the international community enforces international law and stability. [source] The Political Economy of AIDS Treatment: Intellectual Property and the Transformation of Generic SupplyINTERNATIONAL STUDIES QUARTERLY, Issue 3 2007Kenneth C. Shadlen This article examines the relationship between intellectual property (IP) and public health, with a focus on the extension of AIDS treatment in the developing world. While most of the literature on IP and health examines the conditions affecting poor countries' capacities to acquire essential medicines, I show the distinct,and more complicated,political economy of production and supply. IP regulations alter the structure of generic pharmaceutical sectors in the countries capable of supplying essential medicines, and changes in market structure affect actors' economic and political interests and capacities. These new constellations of interests and capacities have profound implications for the creation and maintenance of political coalitions in support of on-going drug supply. The result is that the global AIDS treatment campaign becomes marked by mismatches of interests and capacities: those actors capable of taking the economic, legal, and political steps necessary to increase the supply and availability of essential drugs have diminished interest in doing so, and those actors with an interest in expanding treatment may lack the capacities to address the problem of undersupply. By focusing centrally on actors' interests in and capacities for economic and political action, the article restores political economy to analysis of an issue-area that has been dominated by attention to international law. And by examining the fragility of the coalitions supporting the production and supply of generic drugs, the article points to the limits of transnational activist networks as enduring agents of change. [source] THE IDEA OF DEFENSE IN HISTORICAL AND CONTEMPORARY THINKING ABOUT JUST WARJOURNAL OF RELIGIOUS ETHICS, Issue 4 2008James Turner Johnson ABSTRACT What is, or should be, the role of defense in thinking about the justification of use of armed force? Contemporary just war thinking prioritizes defense as the principal, and perhaps the only, just cause for resorting to armed force. By contrast, classic just war tradition, while recognizing defense as justification for use of force by private persons, did not reason from self-defense to the justification of the use of force on behalf of the political community, but instead rendered the idea of just cause for resort to force in terms of the sovereign's responsibility to maintain justice, vindicating those who had suffered from injustice and punishing evildoers. This paper moves through three major stages in the historical development of just war thinking, first examining a critical phase in the formation of the classical idea of just cause as the responsibility to maintain justice, then discussing the shift, characteristic of the modern period, to an idea of sovereignty as connected to the state and the prioritization of defense of the state as just cause for use of force, and lastly showing how this conception of the priority of defense became part of the recovery of just war thinking in the latter part of the twentieth century. The paper concludes by noting recent changes in thought on international law that tend to emphasize justice at the expense of the right of self-defense, suggesting that the roots of just war thinking imply the need for a similar rethinking of contemporary just war discourse. [source] Humanitarian Intervention, Altruism, and the Limits of CasuistryJOURNAL OF RELIGIOUS ETHICS, Issue 1 2000Richard B. Miller This essay argues that the ethics of humanitarian intervention cannot be readily subsumed by the ethics of just war without due attention to matters of political and moral motivation. In the modern era, a just war draws directly from self-benefitting motives in wars of self-defense, or indirectly in wars that enforce international law or promote the global common good. Humanitarian interventions, in contrast, are intuitively admirable insofar as they are other-regarding. That difference poses a challenge to the casuistry of humanitarian intervention because it makes it difficult to reason by analogy from the case of war to the case of humanitarian intervention. The author develops this point in dialogue with Michael Walzer, the U.S. Catholic bishops, and President Clinton. He concludes by showing how a casuistry of intervention is possible, developing a motivational rationale that draws on the Golden Rule. [source] | ||||||||||||||||||||||||||||||||||||||||