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42. Guest Editorial: Ten Years of ESIL – Reflections; European Hypocrisy: TTIP and ISDS; Masthead Changes; Roll of Honour; In this Issue; Christmas Reading? Christmas Gifts? Some Suggestions from the Editor-in-Chief
- Publication Date:
- 02-2015
- Content Type:
- Journal Article
- Abstract:
- From time to time, we are asked about the relationship between EJIL and the European Society of International Law (ESIL). That relationship is simple: the Journal and the Society are two separate, but mutually supportive and complementary entities. Indeed, past and present EJIL Editors can boast, with parental pride, of having been present at the conception, as well as the birth, of the Society! From its inception, membership in ESIL has included automatic online and print subscriptions to EJIL – including very soon a tablet version.The relationship has only strengthened in recent years, with ESIL Presidents and Presidents-elect serving ex officio on the EJIL Board. It is in the spirit of that growing bond that we wholeheartedly share in ESIL's 10-year celebrations, and have invited the following Guest Editorial from its leadership.
- Topic:
- International Relations
- Political Geography:
- Europe
43. EU/Ukraine Relations and the Crisis with Russia, 2013-14: A Turning Point
- Author:
- Geoffrey Pridham
- Publication Date:
- 02-2015
- Content Type:
- Journal Article
- Journal:
- The International Spectator
- Institution:
- Istituto Affari Internazionali
- Abstract:
- The European Union has a unique opportunity to develop a positive strategy towards Ukraine. A pro-EU government is now in power in Kyiv, there is a revived civil society pressing for democratic reforms and the actions by Russia have both reinforced Ukraine's pro-West line and led to the priority given Moscow being questioned by some member states. It is therefore essential to grant Ukraine a membership perspective to strengthen this trend and encourage Kyiv to confront and overcome the basic problems that face the country.
- Topic:
- International Relations, Government, and Reform
- Political Geography:
- Russia, Europe, Ukraine, and Moscow
44. Bracing for Cold Peace. US-Russia Relations after Ukraine
- Author:
- Ondrej Ditrych
- Publication Date:
- 02-2015
- Content Type:
- Journal Article
- Journal:
- The International Spectator
- Institution:
- Istituto Affari Internazionali
- Abstract:
- The crisis in Ukraine has turned the tables of the post-Cold War relationship between the United States and Russia. The ongoing transformation can result in a number of outcomes, which can be conceived in terms of scenarios of normalisation, escalation and 'cold peace' - the latter two scenarios being much more probable than the first. NATO ought to shore up its defences in Central and Eastern Europe while Washington and its allies engage in a comprehensive political strategy of 'new containment'. This means combining political and economic stabilisation of the transatlantic area with credible offers of benefits to partners in the East and pragmatic relations with Russia which are neither instrumentalised (as was the case with the 'reset') nor naïvely conceived as a 'partnership'.
- Topic:
- International Relations, NATO, Cold War, and Economics
- Political Geography:
- Russia, United States, Europe, Washington, and Ukraine
45. The Rise of China and Chinese International Relations
- Author:
- Emilian Kavalski
- Publication Date:
- 05-2015
- Content Type:
- Journal Article
- Journal:
- Insight Turkey
- Institution:
- SETA Foundation for Political, Economic and Social Research
- Abstract:
- The discussion of China's growing prominence in international life has attracted the increasing attention of policy-makers, the public and scholars alike. Usually sidelined by the mainstream, such interest in China's role and position in global politics has grown exponentially in the context of the deepening concomitant economic, social and political crises across Europe and North America – which, until very recently, were considered the traditional locales of power and influence in world politics. Indicative of the emerging weight and significance of non-Western actors on the global stage, the trend set by China seems to challenge the conventional framework of the study and practice of International Relations (IR).
- Topic:
- International Relations and Economics
- Political Geography:
- China, Europe, and North America
46. Causation in the Law of State Responsibility and the Problem of Overdetermination: In Search of Clarity
- Author:
- Ilias Plakokefalos
- Publication Date:
- 04-2015
- Content Type:
- Journal Article
- Abstract:
- This article addresses the preliminary steps that must be taken in order to study the problems stemming from overdetermination in the law of state responsibility. Overdetermination, broadly defined, is the existence of multiple causes (multiple wrongdoers, external natural causes, contribution to the injury by the victim and so on) contributing towards a harmful outcome. As relationships among states become more and more complex, there is a corresponding increase in the complexity of the potentially harmful outcomes of these relationships. The fact that the harm caused may originate in diverse sources (overdetermination) poses challenges to the law of state responsibility. These challenges pertain to most aspects of state responsibility, yet their dimension regarding causality has not been studied in depth. The confusion surrounding causal analysis conducted by international adjudicatory bodies leads to decisions that are not convincing in their determination of responsibility in causal terms. The argument of the article is twofold. First, it holds that the concept of causation in international law is unclear, especially in relation to overdetermination, and it must be clarified. Second, it holds that a clearer concept of causation can provide useful guidance to the decision-making process of international courts and tribunals: the clear and principled application of causal tests will, in turn, lead to clearer reasoning. A clearer judicial reasoning will improve the foreseeability of the judicial outcome, will provide better guidance for the parties before a court and will lead to a fairer judicial process.
- Topic:
- International Relations, International Law, Legal Theory, and Courts
- Political Geography:
- Europe and The Hague
47. Reut Yael Paz. A Gateway between a Distant God and a Cruel World: The Contribution of Jewish German-Speaking Scholars to International Law.
- Author:
- Robert Howse
- Publication Date:
- 04-2015
- Content Type:
- Journal Article
- Abstract:
- This rich and erudite work provides a valuable scholarly apparatus for understanding the writing and teaching of four important figures in international law and international relations. Three of them, Hans Kelsen, Hans Morgenthau and Hersch Lauterpacht, are well known; the fourth, Erich Kaufmann, much less so. The general thesis of the book is that to understand fully the personal and intellectual trajectories of all of these figures, one needs to appreciate the specific German–Jewish experience, from emancipation through the Shoah, the particular situation of the Jews in the legal profession and the academy in Germany, and the responses of these thinkers to experiences of persecution, discrimination and exile due to their Jewish family backgrounds as well as to the establishment of the State of Israel.
- Topic:
- International Relations, International Law, Judaism, History, Intellectual History, and Zionism
- Political Geography:
- Europe, Germany, and Israel
48. 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
49. The Original Sin (and Salvation) of Functionalism
- Author:
- Guy Fiti Sinclair
- Publication Date:
- 10-2015
- Content Type:
- Journal Article
- Abstract:
- This Comment interrogates the central and determining role accorded to functionalism in Jan Klabbers’ account of international organizations (IOs) law in his recent article, ‘The EJIL Foreword: The Transformation of International Organizations Law’. Specifically, it expresses doubts regarding Klabbers’ designation of functionalism as the dominant, paradigmatic theory of IOs law; questions whether the article’s account of functionalism’s historical origins is persuasive; and argues that the ‘rise and fall’ narrative set forth in the article presents an overly sanitized picture of IOs law, largely free from political struggle. The development of IOs law has been more contested than Klabbers’ narrative suggests; minimizing that contestation carries the danger of closing off possibilities for reimagining IOs law today.
- Topic:
- International Relations, International Law, International Organization, and Critique
- Political Geography:
- Europe and Global Focus
50. The Transformation of International Organizations Law: A Rejoinder
- Author:
- Jan Klabbers
- Publication Date:
- 10-2015
- Content Type:
- Journal Article
- Abstract:
- Jan Klabbers responds to critiques by Laurence Boisson de Chazournes, André Nollkaemper and Guy Fiti Sinclair of his EJIL Foreword.
- Topic:
- International Relations, International Law, International Organization, and Critique
- Political Geography:
- Europe and Global Focus