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Begin New Search Topic International Law Content Type Journal Article

361. Alexander Orakhelashvili. The Interpretation of Acts and Rules in Public International Law

Author:
Jörg Kammerhofer
Publication Date:
11-2009
Content Type:
Journal Article
Abstract:
Dr Orakhelashvili, currently lecturer in law at the University of Birmingham Law School, is a prodigious writer as well as a very conscientious and thorough scholar. His latest book on interpretation in international law shows precision in scholarship and a comprehensive grasp of the subject. It comes at a time when the process of interpretation is little understood, yet often talked about by scholars, practitioners, and tribunals alike. Despite the large amount of literature already published on the topic – the bibliography printed in Orakhelashvili\'s book (at 585–591) is just the tip of the iceberg – and regardless of the countless dicta of various international tribunals, a new and fresh look at this central nexus between international legal practice and theory is highly welcome.
Topic:
International Law

362. The Use of Force against Terrorists

Author:
Christian J. Tams
Publication Date:
04-2009
Content Type:
Journal Article
Abstract:
Whether states can use force against terrorists based in another country is much discussed. The relevant provisions of the UN Charter do not provide a conclusive answer, but have to be interpreted. The present article suggests that in the course of the last two decades, the Charter regime has been re-adjusted, so as to permit forcible responses to terrorism under more lenient conditions. In order to illustrate developments, it juxtaposes international law as of 1989 to the present state of the law. It argues that the restrictive approach to anti-terrorist force obtaining 20 years ago has come under strain. As far as collective responses are concerned, it is no longer disputed that the Security Council could authorize the use of force against terrorists; however, it has so far refrained from doing so. More controversially, the international community during the last two decades has increasingly recognized a right of states to use unilateral force against terrorists. This new practice is justified under an expanded doctrine of self-defence. It can be explained as part of a strong international policy against terrorism and is part of an overall tendency to view exceptions to the ban on force more favourably than 20 years ago. Conversely, it has led to a normative drift affecting key limitations of the traditional doctrine of self-defence, and increases the risk of abuse.
Topic:
Security, Development, International Law, Terrorism, and United Nations

363. Passions et ambivalences. Le colonialisme, le nationalisme et le droit international

Author:
Barbara Delcourt
Publication Date:
04-2009
Content Type:
Journal Article
Abstract:
This book is the second of a new collection called 'doctrine(s)', edited by Emmanuelle Jouannet (Professor of International Law at Paris I and Deputy Director of the Centre d'étude et de recherche en droit international/ CERDIN). The first one was dedicated to Martti Koskenniemi's works. This second volume brings together seminal articles, by Nathaniel Berman and translated from English, which deserve, without a doubt, to be presented to a French speaking public under this label 'doctrine'. All articles are underpinned by a consistent line of thought which is epitomized in Emmanuelle Jouannet's presentation. Far from being a mere description of the content of Berman's articles, or a kind of hagiographic introduction, her presentation contains elements of explanation, be they personal or more linked to the academic or political environment, which prove to be very useful in order fully to grasp the richness and the complexity of his analyses. Indeed, Nathaniel Berman can hardly be classified into ready-made categories of legal doctrines. Being inspired by different disciplines, among others history and psychoanalysis, he offers a truly original perspective on colonialism and nationalism which sheds light on international law and, more precisely, on the conditions under which these political phenomena have been tackled by case law, diplomats, and legal scholars.
Topic:
International Law

364. Targeted Killing in International Law

Author:
William Abresch
Publication Date:
04-2009
Content Type:
Journal Article
Abstract:
Studies of targeted killing are often situated within the politically fraught debate over Hellfi re missile attacks on suspected terrorists. The scope of Melzer's analysis is, then, refreshingly broad, covering equally sniper shots used to end hostage stand-offs, poison letters sent to insurgent commanders, and commando raids launched with orders to liquidate opponents. These diverse practices are marked off from other uses of lethal force by states, such as soldiers shooting in a firefight, with a precise and intuitively satisfying definition. Melzer defines targeted killing as a use of lethal force by a subject of international law that is directed against an individually selected person who is not in custody and that is intentional (rather than negligent or reckless), premeditated (rather than merely voluntary), and deliberate (meaning that 'the death of the targeted person [is] the actual aim of the operation, as opposed to deprivations of life which, although intentional and premeditated, remain the incidental result of an operation pursuing other aims').
Topic:
International Law

365. Culture and International Law

Author:
Stephan Sberro
Publication Date:
04-2009
Content Type:
Journal Article
Abstract:
Although not often explicitly mentioned, culture is always at the centre of law and politics. Furthermore, it is certainly a study area which is steadily growing in international relations too. Thus any book which aims to help academics and practitioners to clarify the meaning, importance, and implications of culture in social sciences should be welcomed. Paul Meerts' Culture and International Law, based on the annual Conference of the Hague Academic Coalition held on 16 and 17 April 2007 in The Hague, is such a book.
Topic:
International Relations, International Law, and Politics

366. Principles of International Investment Law

Author:
Stephan W. Schill
Publication Date:
04-2009
Content Type:
Journal Article
Abstract:
International investment law is one of the fastest-growing areas of international law today. Only a decade ago, the current surge in investor – state arbitrations, having cumulated in approximately 300 investment treaty disputes, was beyond imagination. At the same time, investment treaties enshrine principles of international investment law, rather than hard and fast rules. Almost unavoidably, international investment law therefore became coined more by the dispute settlement activities of arbitral tribunals which entertain claims between foreign investors and host states brought under investment treaties rather than by diplomatic exchange, intergovernmental negotiation, and inter-state treaty-making. Similarly, international investment law transpires and develops more in view of arbitral precedent and case law than on the basis of traditional textual approaches to treaty interpretation. Nonetheless, applying investment treaties in practice as well as studying and understanding the field not only requires knowledge about the jurisprudential developments but also demands awareness of the historic, economic, and customary international law context of foreign investment activities.
Topic:
International Law

367. National Courts, Domestic Democracy, and the Evolution of International Law

Author:
Eyal Benvenisti and George W. Downs
Publication Date:
02-2009
Content Type:
Journal Article
Abstract:
National courts are gradually abandoning their traditional policy of deference to their executive branches in the fi eld of foreign policy and beginning more aggressively to engage in the interpretation and application of international law. This change has been precipitated by the recognition of courts in democratic states that continued passivity in the face of a rapidly expanding international regulatory apparatus raises constitutionally-related concerns about excessive executive power and risks further erosion in the effective scope of judicial review. To avoid this, national courts have begun to exploit the expanding scope and fragmented character of international regulation to create opportunities to act collectively by engaging in a loose form of inter-judicial co-ordination. Such collective action increases their ability to resist external pressures on their respective governments, and reduces the likelihood that any particular court or country that it represents will be singled out and punished as an outlier by either domestic or foreign actors. Should this strategy continue to be refi ned and developed, it holds out the promise of enabling national courts not only to safeguard their role domestically but to function as full partners with international courts in creating a more coherent international regulatory apparatus.
Topic:
Foreign Policy and International Law

368. No Longer a Weak Department of Power? Reflections on the Emergence of a New International Judiciary

Author:
Yuval Shany
Publication Date:
02-2009
Content Type:
Journal Article
Abstract:
The article assesses some of the theoretical and practical implications arising out of some recent changes in the field of international dispute settlement: the rise in the number of international courts, the expansion of their jurisdictional powers, their increased invocation by state and nonstate parties, and the growing inclination of national courts to apply international law. Arguably, these developments point to the emergence of a new judiciary the operation of which is governed by a new ethos (international norm-advancement and the maintenance of co-operative international arrangements), which is different from the traditional ethos of international courts (conflict resolution). The article then moves on to discuss some of the 'blind spots' of the present judicial institutional landscape, which includes a consideration of the remaining difficulties associated with addressing politically-charged conflicts before international courts (especially those relating to war and terror), and problems relating to the enforcement of judicial orders and judgments. While national courts can, in theory, fill some of these remaining gaps, their actual ability to do so remains unclear. In addition, the article addresses in brief some concerns that the emergence of the new institutional judiciary may actually exacerbate: co-ordination problems, and concerns relating to the effectiveness and legitimacy of international adjudication.
Topic:
International Law
Political Geography:
Middle East

369. La jurisprudence de la Cour Internationale de Justice

Author:
Karin Oellers-Frahm
Publication Date:
02-2009
Content Type:
Journal Article
Abstract:
The jurisprudence of the International Court of Justice gains more and more importance, in particular because not only are so-called 'secondary' cases, that is cases of alleged secondary importance such as delimitation of land or maritime boundaries cases, brought before it, but also rather sensitive and highly political cases involving questions of use of force and self-defence. Furthermore, the Court is seised of cases involving states of all parts of the world, which also marks a positive development compared to its early times. Therefore, the jurisprudence of the ICJ plays a predominant role in all domains of international law and is of concern not only to those involved in international law, international relations, or international organizations, but also to national lawyers and politicians. The idea, therefore, of providing the international community with a publication that gives an overview of the jurisprudence of the ICJ (and thus allows easy access to its case law) is to be welcomed.
Topic:
International Relations, International Law, and International Organization

370. Non-Military Organizations Should Lead on "Nation Building"

Author:
Courtney N. Meyers
Publication Date:
01-2009
Content Type:
Journal Article
Journal:
European Affairs
Institution:
The European Institute
Abstract:
Timed for the Obama administration's Pentagon, this RAND study says government leaders should take more account of the lessons learned from people "on the ground" in recent successful (and unsuccessful) ventures in state-rebuilding. Best practice means strong local command (involving the military under civilian leadership) which is heeded in national capitals.
Topic:
International Law and United Nations
Political Geography:
United States and America

371. Implications of Kosovo, Abkhazia and South Ossetia for International Law: The Conduct of the Community of States in Current Secession Conflicts

Author:
Heiko Krueger
Publication Date:
04-2009
Content Type:
Journal Article
Journal:
The Caucasian Review of International Affairs
Institution:
The Caucasian Review of International Affairs
Abstract:
The objective of this article is to examine whether the current conduct of the community of states in the cases of Kosovo, Abkhazia and South Ossetia has any implications on international law. This question arises particularly in the case of Kosovo, since many states have recognised its separation from Serbia. Can the conduct of the community of states be used as a legal precedent by other groups seeking separation, e.g. in Azerbaijan, China, Georgia, Moldova, Spain or Ukraine? What if more states were to recognise Kosovo in the future? The focus of this paper will be to consider the implications of the conduct of the community of states on the interpretation of international treaties and customary international law. In this respect, the conduct of states in the cases of Abkhazia and South Ossetia in August 2008 will also be taken into account.
Topic:
International Law
Political Geography:
China, Ukraine, Moldova, Kosovo, Azerbaijan, Serbia, Georgia, Spain, South Ossetia, and Abkhazia

372. "Handbook of International Humanitarian Law"

Author:
Pierre-Emmanuel Dupont
Publication Date:
04-2009
Content Type:
Journal Article
Journal:
The Caucasian Review of International Affairs
Institution:
The Caucasian Review of International Affairs
Abstract:
In the Handbook\'s Introduction, Dieter Fleck mentions that the first edition, published in German in 19941, was built upon the German Armed Forces\'s (Bundeswehr) Manual of international humanitarian law (IHL), an account of Germany\'s long-standing involvement in the implementation of IHL2. Yet the present edition, \'no longer connected to a single national manual, […] aims at offering a best practice manual to assist scholars and practitioners worldwide\' (p. xiv).
Topic:
International Law
Political Geography:
Germany

373. Moving Beyond Markets and Minimalism: Democracy in the Era of Globalization

Author:
Richard Burchill
Publication Date:
01-2008
Content Type:
Journal Article
Journal:
Human Rights and Human Welfare - Review Essays
Institution:
Josef Korbel Graduate School of International Studies, University of Denver
Abstract:
When the term globalization comes up in general conversation, the press or academic writing, it is given a range of meanings and is either loathed or celebrated. Globalization is subject to a variety of interpretations and descriptions. Debates about its merits or shortcomings are often muddled, as it is never clear if the antagonists are talking about the same thing at the same time. Globalization, in a broad sense, refers to “the expanding scale, growing magnitude, speeding up and deepening impact of transcontinental flows and patterns of social interaction” (Held and McGrew 2002: 1). While globalization describes a whole range of human activity, its main thrust and orientation has come to be associated with global economic activity that is in turn heavily influenced by, if not synonymous with, neoliberal ideology.
Topic:
Democratization, Globalization, International Law, and Markets

374. List of Books Available for Review

Publication Date:
11-2008
Content Type:
Journal Article
Journal:
African Journal of Legal Studies
Institution:
The Africa Law Institute
Abstract:
The African Journal of Legal Studies is pleased to present the following books relating to human rights in Africa received from two major publishers:. Antje du Bois-Pedain, Transitional Amnesty in South Africa (Cambridge: Cambridge University Press, 2007) 418 pages, hardback. . Obiora Chinedu Okafor, The African Human Rights System, Activist Forces and International Institutions (Cambridge: Cambridge University Press, 2007) 350 pages, hardback . John Hagan and Wenona Rymond-Richmond, Darfur and the Crime of Genocide (Cambridge: Cambridge University Press, 2008) 296 pages, paperback.. Frans Viljoen, International Human Rights Law in Africa (Oxford: Oxford University Press, 2007) 673 pages, hardback.
Topic:
Human Rights and International Law
Political Geography:
Africa

375. Review: Falk and Friel: Israel Palestine on Record and Dunsky: Pens and Swords

Author:
Cheryl Rubenberg
Publication Date:
06-2008
Content Type:
Journal Article
Journal:
Journal of Palestine Studies
Institution:
Institute for Palestine Studies
Abstract:
Israel-Palestine on Record: How the New York Times Misreports Conflict in the Middle East and Pens and Swords: How the American Mainstream Media Report the Israeli-Palestinian Conflict are two tour-de-force works devoted to an analysis of the U.S. media as it reports on the Israeli-Palestinian conflict. Both present devastating critiques of the media in its pro-Israel bias, and both are extensively documented, reflecting analytical scholarship in the finest tradition.
Topic:
Human Rights and International Law
Political Geography:
Middle East, Israel, and Palestine

376. The Crime of Genocide in Internatioanal Law and Underlying Social Structures of the Crime: Rwanda Case

Author:
Ebru Çoban
Publication Date:
03-2008
Content Type:
Journal Article
Institution:
Uluslararasi Iliskiler
Abstract:
Genocide is a crime which is defined under internatioanal law in the twentieth century and could not come about without the ideological, bureaucratic power of a modern state with is sanctions and modern discources on identities and modern classifications. With a non-modern Picture but with modern techniques of governing Rwanda was a place that genocidal killings occured and is a place of a breaking case for modern theories. Rwanda has modern state characteristics in terms of monopoly of use of violence, giving orders and providing obidience of its people, surveillance, classification and registration of its people, and keeping discourses. Morever, Rwandan culture that gives great importance to obidence and Rwandan geography that is so suitable to surveillance become additional factors. In that sense, Rwandan government could influence to daily life of the people even to the smallest details of anyone. All factors provided a suitable bas efor the crime of genocide.
Topic:
Genocide, Government, and International Law
Political Geography:
Africa and Rwanda

377. Fugitive Serbian War Criminals and the West

Author:
François Clemenceau
Publication Date:
01-2008
Content Type:
Journal Article
Journal:
European Affairs
Institution:
The European Institute
Abstract:
The two main Serbian war criminals have been protected by the diplomatic goals of the main powers, which were courting Serbia. Europeans wanted to see Belgrade join the EU; Russia wanted to preserve a Slavic bloc; the U.S. deferred to Moscow. Justice lost out, according to this book, yet to be translated into English.
Topic:
International Law, International Organization, War, and International Security
Political Geography:
Russia, United States, Europe, Moscow, and Serbia

378. The Concept of Appeal in International Dispute Settlement

Author:
Noemi Gal-Or
Publication Date:
02-2008
Content Type:
Journal Article
Abstract:
The WTO Appellate Body represents an innovation in international law in that an international adjudication authority now operates as a final instance to hear appeals arising from international arbitral (panel) procedures. It is thereby strongly emulating domestic appellate courts without, however, possessing the characteristics that make appellate courts the institutions of justice that they are. Following this trend in a cutting-edge fashion are several other inter-governmental arrangements that had been either concluded (Central America Free Trade Agreement (CAFTA), the Olivos Protocol in the Southern Common Market (Mercosur)) or proposed (the US Congresses' 2002 Trade Promotion Authority Act, the ICSID Discussion Paper of 22 October 2004, the third draft Free Trade Area for the Americas). They embrace the concept of a permanent international instance for appeal from arbitral awards, particularly regarding investment agreements including also disputes arising between the state (public) and the individual legal person (private).
Topic:
International Law and World Trade Organization
Political Geography:
America

379. The History of International Legal Theory in Russia: a Civilizational Dialogue with Europe

Author:
Lauri Mälksoo
Publication Date:
02-2008
Content Type:
Journal Article
Abstract:
This review essay examines the main breaks and continuities in the history of international legal theory in Russia. In particular, it draws on works by leading Russian international law scholars: Peter Pavlovich Shafirov (1670-1739), Fyodor Fyodorovich Martens (1845-1909), Baron Mikhail Taube (1869-1956), Vladimir Emmanuilovich Hrabar (1865-1956), Fyodor Ivanovich Kozhevnikov (1893-1998) and Grigori Ivanovich Tunkin (1906-1993). The reception of these theoreticians' works in today's Russia is also examined. The history of the discipline in Russia opens itself up as a civilizational dialogue with (Western) Europe. The main questions have been: Is international law universal or fragmented; what is the progressive force in international law? The Russian theory of international law has moved from proving that 'we too are civilized/European' in the early 18th century to an aspiration towards Western European civilization in the 18th and 19th centuries to the break with the West and an affirmation of Russia's own distinctiveness and primacy in the 20th century. Those who hurriedly celebrated Russia's reunion with Europe (and Western liberal theory of international law) following the end of the Cold War should not lose sight of the longer historical perspective and especially the experiment of the 'civilizing'/Europeanizing/liberalizing project in 19th century Russian and Baltic German international law scholarship.
Topic:
Cold War and International Law
Political Geography:
Russia and Europe

380. The European Union as Situation, Executive, and Promoter of the International Law of Cultural Diversity – Elements of a Beautiful Friendship

Author:
Armin Von Bogdandy
Publication Date:
04-2008
Content Type:
Journal Article
Abstract:
Cultural diversity is an important political and legal topos in the European Union. At the same time, the concern for cultural diversity gives reason for grave reservations towards the Union. This article intends to assist, on the basis of international law, in distinguishing appearance and reality. The Union will be analysed first as a situation of the application of the international law of cultural diversity, secondly as the regional executive of this international law, and thirdly as its global promoter. It shows that international law and Union law reinforce each other. The former conveys to the Union instruments to pursue European unification which at the same time serve its own implementation. Furthermore, it does not set limits to European unity since it protects only cultural pluralism but not state-supporting distinctiveness. A prerequisite for this consonance is that the Union's constitutional law allows for political unity without cultural unity and that international law remains mute about important questions on European unification. The international law perspective thus does not fully exhaust the problem: conformity with international law alone cannot dissipate concern for the future of cultural diversity in the Union.
Topic:
International Law and Culture
Political Geography:
Europe