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Begin New Search Topic International Law Content Type Journal Article Publication Year within 10 Years

221. Mónica García-Salmones Rovira. The Project of Positivism in International Law.

Author:
David Roth-Isigkeit
Publication Date:
05-2014
Content Type:
Journal Article
Abstract:
That positivism is not the promised land of legal methods has become a truism among critical international lawyers. All too often the proclaimed objectivity, neutrality and science has turned out to be intertwined with ideology and domination. In line with the historical-economic turn of the Helsinki school, Monica García-Salmones Rovira's book The Project of Positivism in International Law finds the historical roots of positivism deeply embedded in the development of a global neo-liberal economy. The economic foundations of the method are unearthed with two intellectual biographies of its founding fathers, Lassa Oppenheim and Hans Kelsen, whose life projects have so far escaped critical scrutiny. The book weaves into these two biographical studies the story of international law as a pragmatist and scientific project that freed the discipline from the tradition of natural law to become a servant of global economic interests.
Topic:
International Law and War

222. Philipp Dann. The Law of Development Cooperation: A Comparative Analysis of the World Bank, the EU and Germany

Author:
Giedre Jokubauskaite
Publication Date:
05-2014
Content Type:
Journal Article
Abstract:
Philipp Dann has long been committed to the legal issues of international development cooperation, and now his monograph on this subject, originally written in German, has been published in English. The comprehensive monograph entitled The Law of Development Cooperation skilfully builds upon the knowledge that already exists on this topic and systematizes an enormous amount of relevant literature. The reader is presented with a stimulating text that is dense in terms of its arguments and yet easy to engage with.
Topic:
International Law

223. Morten Bergsmo and Ling Yan (eds). State Sovereignty and International Criminal Law

Author:
Alexandre Skander Galand
Publication Date:
05-2014
Content Type:
Journal Article
Abstract:
State Sovereignty and International Criminal Law, edited by Morten Bergsmo and Ling Yan, brings together two recent issues of international law: the rise of international criminal law as a building block in the nascent constitution of the international legal order and the increasingly active participation of China in international law. Even though China is a permanent member of the United Nations Security Council (UNSC), it has until recently been de facto absent from the debates over norms of international law. Likewise, international criminal justice is a field of law that stagnated for more than 40 years. The last two decades have witnessed a revival of both phoenixes.
Topic:
International Law
Political Geography:
China

224. Kevin Jon Heller and Gerry Simpson (eds). The Hidden Histories of War Crimes Trials

Author:
Milan Kuhli
Publication Date:
05-2014
Content Type:
Journal Article
Abstract:
The book The Hidden Histories of War Crimes Trials – edited by Kevin Jon Heller and Gerry Simpson – is a compilation of 21 contributions to a conference convened in Melbourne at the end of 2010. The project aims at a scholarly recovery of accounts of war crimes trials that were ‘either neglected or under-rehearsed’ (at 1) in the discipline of international criminal law. Accordingly, the contributions tell ‘stories about familiar but under-explored and misunderstood landmarks in the conventional history of international criminal law’ as well as about trials that have been less analysed in this field (at 1). Gregory S. Gordon’s illustrative chapter on the trial of Peter von Hagenbach (chapter 2) is a story of the first kind, whereas Benjamin E. Brockman-Hawe’s comprehensive account of the Franco-Siamese tribunal for the Colonial Era (chapter 3) exemplifies the latter type.
Topic:
International Law and War
Political Geography:
Europe

225. Prospects for an International Legal Regime in the Arctic

Author:
P. Gudev
Publication Date:
04-2014
Content Type:
Journal Article
Journal:
International Affairs: A Russian Journal of World Politics, Diplomacy and International Relations
Institution:
East View Information Services
Abstract:
In light of the ongoing discussion on the expert and scholarly level regarding the kind of regulatory regime for international relations that should be formed in the arctic – national (sectoral), regional or international, broad to the maximum degree possible – it is important to revisit the text of what is known as the Ilulissat Declaration, signed by the five arctic states in May 2008. It is of primary importance that the Declaration records the provision that an “extensive international legal framework” should be applied to the arctic ocean. The Declaration defines this “framework” as the law of the sea, which provides for important rights and obligations concerning the use and exploitation of the resources and spaces of this marine region. The law of the sea is regarded as a solid foundation for “responsible management” in the arctic. What is the significance of these formulations, what meaning did the authors of the Declaration assign to them, and what interpretations are possible here – these matters are considered in the present analytical overview.
Topic:
International Relations, Energy Policy, International Law, Natural Resources, and Governance
Political Geography:
Arctic

226. Proxy wars in cyberspace: The Evolving International Law of Attribution

Author:
Michael N. Schmitt and Liis Vihul
Publication Date:
06-2014
Content Type:
Journal Article
Journal:
Fletcher Security Review
Institution:
The Fletcher School, Tufts University
Abstract:
Cyberspace offers a relative degree of anonymity for states to conduct hostile activities against other states, as the challenges of accurate attribution remain a strong barrier to retaliation for these activities. As international law grapples with how to govern this theater of conflict, what should the international community to do if states increasingly turn to using non-state actors as proxies to further cover their tracks? Schmitt and Vihul examine the current legal landscape for such proxy operations.
Topic:
Security, International Law, Non State Actors, Cybersecurity, Conflict, International Community, and Cyberspace
Political Geography:
Global Focus

227. Relevance of the law of international organisations in resolving international disputes: A review of the AU/ICC impasse

Author:
Mba Chidi Nmaju
Publication Date:
02-2014
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
The paper examines the legal nature of the dispute between the International Criminal Court (ICC) and the African Union (AU), and observes that the core issue revolves around the arrest warrant issued by the Court for Al-Bashir. Therefore, it locates this to be within a legal rather than political impasse. The paper argues that the general rules of the law of international organisations may provide the key to resolving the impasse. And that accordingly, the general principles of the regime of international law point to the interpretation of the provisions of the constitutions of the two international organisations to identify the extent to which they were empowered to make the decisions that resulted in the dispute. The provisions of the Rome Statute on immunity are identified as providing the key to the resolution. Therefore the interpretation of the Statute on the immunity of certain state officials is important. The paper argues that accordingly the ICC should change its approach to the arrest of certain officials in order to prevent facilitating the violation of the customary principles of diplomatic immunity in international law – which should have also been codified in treaties. Such an interpretation of the Rome Statute would indicate that states should exercise caution in arresting a sitting Head of State such as Sudanese President Al-Bashir until such a time that he leaves office or that Sudan waives his immunity.
Topic:
International Law, International Organization, International Criminal Court (ICC), African Union, and Omar al-Bashir
Political Geography:
Africa and Sudan