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Begin New Search Topic International Law Political Geography United States Content Type Journal Article Publication Year within 25 Years

1. The ad bellum Challenge of Drones: Recalibrating Permissible Use of Force

Author:
Alejandro Chehtman
Publication Date:
01-2017
Content Type:
Journal Article
Abstract:
Drones constitute an incremental advance in weapons systems. They are able to significantly reduce overall, as well as collateral, damage. These features seem to have important implications for the permissibility of resorting to military force. In short, drones would seem to expand the right to resort to military force compared to alternative weapons systems by making resorting to force proportionate in a wider set of circumstances. This line of reasoning has significant relevance in many contemporary conflicts. This article challenges this conclusion. It argues that resorting to military force through drones in contemporary asymmetrical conflicts would usually be disproportionate. The reason for this is twofold. First, under conditions of radical asymmetry, drones may not be discriminatory enough, and, thereby, collateral damage would still be disproportionate. Second, their perceived advantages in terms of greater discrimination are counteracted by the lesser chance of success in achieving the just cause for war. As a result, resorting to military force through drones in contemporary asymmetrical conflicts would generally be disproportionate not because of the harm they would expectedly cause but, rather, because of the limited harm they are ultimately able to prevent. On the basis of normative argument and empirical data, this article ultimately shows that we need to revise our understanding of proportionality not only at the level of moral argument but also in international law.
Topic:
International Law, War, Military Affairs, Weapons, and Drones
Political Geography:
Afghanistan, United States, and Europe

2. The Politics of Interest in International Law

Author:
Mónica García-Salmones Rovira
Publication Date:
02-2015
Content Type:
Journal Article
Abstract:
The article examines the substance and form of 20th century positivist international law; in particular the way in which each determines the other. The text describes the turn to interests in international law, which evolved slowly in scope and depth. By examining Lassa Oppenheim's focus on 'common interests' that united states and Hans Kelsen's focus on the 'struggle of interests' that constituted politics, the article studies two phenomena produced by the foundational role taken by interests during the 20th century. First, this role contributed to putting an end to the moral discussion about the treatment of native populations. Secondly, it curbed debate about a common political project for a global order, thus creating conformity characterized by abuse of power – all in the name of the neutrality of positivist law. This article suggests that the work of these two leading theoreticians in the field has contributed to the shaping of the legal theory of mainstream positivist international law, and seeks to foreground discussions about the different theories on the role of law in politics. In this manner it aims to help reconceptualize law in such a way as to bring about a situation in which discussions of a common political project for the international arena are more central.
Topic:
International Law and Politics
Political Geography:
United States

3. Tana Johnson. Organizational Progeny. Why Governments are Losing Control over the Proliferating Structures of Global Governance

Author:
Matthias Goldmann
Publication Date:
04-2015
Content Type:
Journal Article
Abstract:
According to mainstream functionalist theories of international law and relations, international organizations are vehicles of states, tied to their masters by meticulous legal instructions. As Jan Klabbers recently pointed out in this journal,1 functionalism was based on the idea of establishing peace by channelling international relations into the purportedly technical, a-political realm of international organizations. Research of the last couple of decades has profoundly rebutted the assumption that international organizations are a-political. They have been discovered, among others, to serve as platforms for the formation of epistemic communities, as agorae for political deliberation and contestation or to use their bureaucratic potential and the flexibility of their mandates to establish a degree of independence from their principals. The book by Tana Johnson, professor of political science at Duke University, adds another important perspective that has not been explored so far. She turns our attention to the fact that institutional design might matter for the international organization’s independence from member states. As chief witness for her thesis, she summons the Intergovernmental Panel on Climate Change (IPCC). Originally a brainchild of the US government, it is today a fairly independent institution fallen from grace with its master. Johnson argues that it owes its independence to the influence of international bureaucracies – that is, staff of other international organizations, upon the process that led to its establishment. The thesis puts the spotlight on the fact that a majority of new international organizations that saw the light of the day during the last decades was fostered by pre-existing international organizations.
Topic:
International Relations, Climate Change, International Law, International Organization, and Governance
Political Geography:
United States and Europe

4. Stephen Allen. The Chagos Islanders and International Law

Author:
Peter H. Sand
Publication Date:
04-2015
Content Type:
Journal Article
Abstract:
The tale of the Chagos Archipelago (British Indian Ocean Territory, BIOT) raises a wide spectrum of transnational legal questions, all across the fields of human rights, environment and disarmament. Last-born of the Empire’s colonies, the BIOT was established – and systematically depopulated – for the sole purpose of accommodating a strategic US military base during the Cold War years in 1965–1966. The territory has since generated extensive litigation in the national courts of the United Kingdom (UK) and the USA as well as proceedings in the European Court of Human Rights and an arbitration under Annex VII of the Convention on the Law of the Sea (UNCLOS). Stephen Allen, senior lecturer at the University of London’s Queen Mary College, has long followed and commented on legal developments in the Chagos cases as an observer. The focus of his attention remains the plight of the native Chagossians, a small Kreol-speaking people of African and Malgasy origin, whose exile (mainly to Mauritius, the Seychelles and the UK) has lasted for more than 40 years.
Topic:
Environment, Human Rights, Imperialism, International Law, History, Courts, Disarmament, and Displacement
Political Geography:
Britain, United States, Europe, and Chagos Islands

5. Humanity Considerations Cannot Reduce Wars Hazards Alone: Revitalizing the Concept of Military Necessity

Author:
Yishai Beer
Publication Date:
10-2015
Content Type:
Journal Article
Abstract:
The exercise of brute force by militaries, though common, reflects professional incompetency. A well-trained military has an inherent interest in enhancing its operational effectiveness and constraining unnecessary brutality. The law of armed conflict, however, generally ignores the constraining effect of the necessity principle, originally intended to allow only the minimally necessary use of force on the battlefield. Consequently, the prevailing law places the burden of restricting the exercise of brute military force upon humanitarian considerations (and the specific norms derived from them). Humanity alone, however, cannot deliver the goods and substantially reduce war’s hazards. This article challenges the current dichotomy between the two pillars – mistakenly assumed to be polar opposites – of the law of armed conflict: necessity and humanity. It calls for the transformation of the military’s self-imposed professional constraining standards into a revised legal standard of necessity. Though the necessity principle justifies the mere use of lethal force, it should not only facilitate wielding the military sword but also function simultaneously as a shield, protecting combatants and non-combatants alike from excessive brutality. The suggested transformation would bind and restrain the prospective exercisers of excessive force, political and military alike, and restrict the potential damage that might be caused both intentionally (to combatants) and collaterally (to non-combatants). The combined effect of the current changes in war’s pattern and the law of armed conflict, in the military and social thinking of recent decades, and the new strategies available due to the development of new military technologies have all created a new war environment – one that may be ready to leverage the constraining potential of military professionalism into a binding legal standard and norms.
Topic:
Conflict Prevention, International Law, Treaties and Agreements, and War
Political Geography:
Russia, United States, and Europe

6. What Future for Human Rights?

Author:
James W. Nickel
Publication Date:
08-2014
Content Type:
Journal Article
Abstract:
Like people born shortly after World War II, the international human rights movement recently had its sixty-fifth birthday. This could mean that retirement is at hand and that death will come in a few decades. After all, the formulations of human rights that activists, lawyers, and politicians use today mostly derive from the UN Universal Declaration of Human Rights, and the world in 1948 was very different from our world today: the cold war was about to break out, communism was a strong and optimistic political force in an expansionist phase, and Western Europe was still recovering from the war. The struggle against entrenched racism and sexism had only just begun, decolonization was in its early stages, and Asia was still poor (Japan was under military reconstruction, and Mao's heavy-handed revolution in China was still in the future). Labor unions were strong in the industrialized world, and the movement of women into work outside the home and farm was in its early stages. Farming was less technological and usually on a smaller scale, the environmental movement had not yet flowered, and human-caused climate change was present but unrecognized. Personal computers and social networking were decades away, and Earth's human population was well under three billion.
Topic:
Climate Change, Human Rights, Human Welfare, International Law, International Political Economy, Sovereignty, and International Affairs
Political Geography:
United States, Japan, China, Europe, Asia, and United Nations

7. The Comprehensive Nuclear-Test-Ban Treaty and Its Relevance for the Global Security

Author:
Daša Adašková and Tomáš Ludík
Publication Date:
06-2013
Content Type:
Journal Article
Abstract:
The Comprehensive Nuclear-Test-Ban Treaty (CTBT) is one of important international nuclear non-proliferation and disarmament measures. One of its pillars is the verification mechanism that has been built as an international system of nuclear testing detection to enable the control of observance of the obligations anchored in the CTBT. Despite the great relevance to the global non-proliferation and disarmament efforts, the CTBT is still not in force. The main aim of the article is to summarize the importance of the CTBT and its entry into force not only from the international relations perspective but also from the perspective of the technical implementation of the monitoring system.
Topic:
Security, NATO, International Law, United Nations, and International Affairs
Political Geography:
Afghanistan, United States, China, Iran, Middle East, India, Asia, France, and Arabia

8. Explaining US unilateral military intervention in civil conflicts: A review of the literature

Author:
Amber Aubone
Publication Date:
03-2013
Content Type:
Journal Article
Journal:
International Politics
Institution:
Palgrave Macmillan
Abstract:
Recent third-party use of force in hastening the exit of Libyan leader Muammar Gaddafi illustrates that third-party military intervention is one foreign policy tool among many that leaders may use to achieve desired ends. Numerous works from international relations and foreign policy scholars explain third-party intervention using a variety of approaches and methods, and examining multiple levels of analysis. The survey of the literature provided here contributes to our understanding of US unilateral intervention by examining this phenomenon using both general theories of third-party intervention, as well as more refined foreign policy theories explaining US intervention in particular. As such, the survey includes works employing various approaches and levels of analysis, and thus serves two purposes: (a) to assist in the cumulation of knowledge pertaining to US unilateral intervention through consolidation of theory and empirical findings; (b) to serve as a source from which scholars can identify contradictions and future avenues of research pertaining to third-party intervention.
Topic:
International Law
Political Geography:
United States and Libya

9. New Great Powers and International Law in the 21st Century

Author:
Congyan Cai
Publication Date:
11-2013
Content Type:
Journal Article
Abstract:
Great Powers (GPs) have always been prominent in international relations. Their rise and fall often lead to structural transformations of international relations. In the past decade, the world has witnessed the rise of some New GPs (NGPs), which primarily consist of Brazil, Russia, India, China, and South Africa (BRICS). While the effect of the supremacy of the United States, an Old GP (OGPs), on international law has been examined extensively since 2000, international lawyers have hardly discussed how the rise of NGPs may shape and reshape international law. This article endeavours to examine the implications for such rise that stem from the rise of NGPs. In particular, as an 'insider' from an NGP, the author reviews the latest development in China's international legal policy and practice.
Topic:
International Relations and International Law
Political Geography:
Russia, United States, China, India, South Africa, and Brazil

10. Protection and Realization of Indigenous Peoples' Land Rights at the National and International Level

Author:
Katja Göcke
Publication Date:
11-2013
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Today, it is generally recognized that the relationship to land forms the basis of an indigenous people's identity, and that indigenous peoples' cultures cannot be preserved without a certain degree of control over land and natural resources. In the course of colonization, however, indigenous peoples lost ownership and control over most of their ancestral lands, and from the end of the 19th century onwards the existence of inherent indigenous land rights, i.e. rights not derived from the colonial powers but rooted solely in the use and ownership of the land by indigenous peoples since time immemorial, had been completely denied. This began to change in the 1960s. Due to increased pressure by national courts and international institutions, state governments started to recognize the continued existence of inherent indigenous land rights and to develop different policies to protect them. This paper looks at how indigenous peoples' land rights are nowadays recognized and protected in the United States of America, Canada, Australia, and New Zealand, and whether the different national approaches are in accordance with international legal standards. It will be shown that none of the States subject to this study acts completely in accordance with its obligations under international law, but that nevertheless all States have some strong points regarding the realization and protection of indigenous land rights and can learn from each other's experiences.
Topic:
International Law
Political Geography:
United States, America, Canada, and Australia