Acknowledgements Table of cases Table of treaties Introduction 1. Francisco de Vitoria and the colonial origins of international law (i) Introduction (ii) Vitoria and the problem of universal law (iii) War, sovereignty and the transformation of the Indian (iv) Conclusion 2. Finding the peripheries: colonialism in nineteenth-century international law (i) Introduction (ii) Elements of positivist jurisprudence (iii) Defining and excluding the uncivilized (iv) Native personality and managing the colonial encounter (v) Reconceptualizing sovereignty 3. Colonialism and the birth of international institutions: the mandate of the League of Nations (i) Introduction (ii) Creation of the mandate system (iii) The league of nations and the new international law (iv) The mandate system and colonial problems (v) The mandate system and the construction of the non-European state (vi) Government, sovereignty, and economy (vii) The mandate and the discussion of sovereignty (viii) The legacies of the mandate system: toward the present (ix) Conclusion 4. Sovereignty and the post-colonial state (i) Introduction (ii) Decolonization and the universality of international law (iii) Development, nationalism and the post-colonial state (iv) Development and the reform of international law (v) Permanent sovereignty over natural resource and the new international economic order (vi) The 1962 resolution on PSNR (vii) The 1974 charter of rights and duties among states (viii) Colonialism and the emergence of transnational law (ix) Sources of law and international contracts (x) Overview and conclusions 5. Governance and globalization, civilization and commerce (i) Introduction (ii) Good governance and the third world (iii) Governance, human rights and the universal (iv) International financial institutions, human rights and good governance (v) International financial institutions and the mandate system (vi) Conclusions and overview 6. On making war on the terrorists: imperialism as self-defense (i) Introduction (ii) The war against terrorism (WAT) (iii) The United States and imperial democracy (iv) Historical origins: war, conquest and self-defense (v) Terrorism and the United Nations: a Victorian moment (vi) Terrorism, self-defense and third world sovereignty Conclusion.

/pdf/imperialism-sovereignty-and-the-making-of-international-law-4bctfir2bt.pdf

Imperialism, sovereignty, and the making of international law

The rule of law is the most important political ideal today, yet there is much confusion about what it means and how it works. This 2004 book explores the history, politics, and theory surrounding the rule of law ideal, beginning with classical Greek and Roman ideas, elaborating on medieval contributions to the rule of law, and articulating the role played by the rule of law in liberal theory and liberal political systems. The author outlines the concerns of Western conservatives about the decline of the rule of law and suggests reasons why the radical Left have promoted this decline. Two basic theoretical streams of the rule of law are then presented, with an examination of the strengths and weaknesses of each. The book examines the rule of law on a global level, and concludes by answering the question of whether the rule of law is a universal human good.

On the Rule of Law: History, Politics, Theory

First, we will explain the concept of globalization. We will describe its conceptual variants and point to some of the phenomena that are associated with this process. Next we will describe the traditional paradigm of CSR where the responsibilities of businesses are discussed vis-a-vis a more or less properly working nation state system and a homogenous moral (cultural) community. We will argue that both these assumptions become problematic in the current 'post-national constellation' (Habermas 2001). We describe the new situation with regulatory gaps in global regulation, an erosion of national governance (loss of national sovereignty and the exterritorial application of national law), and a loss in moral and cultural homogeneity in the corporate environment. We discuss the consequences of the post-national constellation with the help of two recent observations of business firms' behavior which call for a fresh view on the concept of CSR. We describe the necessary paradigm shifts toward a new politically enlarged concept of CSR in a globalized world.

Globalization and Corporate Social Responsibility

Drawing on the experiences of Kenya and Tanzania, investigates how the expansion of the educational system affects productivity and the growth and distribution of income. Explains that Kenya and Tanzania, with their similar colonial background, natural resources, and economic structure, but markedly divergent educational policies, constitute a "natural experiment." Obtains measures of both reasoning ability and cognitive skill from surveys of representative samples of urban wage employees, allowing the development of a model to evaluate the human capital, screening, and credentialist interpretations of the link between educational attainment and earnings. Evaluates competing explanations for the steeper earnings-experience profile of the more educated. Estimates the effects of country differences in the quantity and quality education on output. Analyzes occupation as an important intermediary between education and earnings. Isolates the effect that institutional intervention by the government has on the wage structure. Measures the responsiveness of the wages of secondary and primary leavers to changes in their relative supply. Examines how levels of inequality change in response to changes in the composition of the workforce that result from educational expansion. Considers the equality of the distribution of school places in Kenya and Tanzania. Explores whether the expansion of secondary enrollment in Kenya, and the contrasting situation in Tanzania, have affected the degree of intergenerational mobility and the process of class formation. Examines methodological and policy issues in the cost-benefit analysis and in the financing of secondary education. Considers the implications of the findings for future research and the extent to which the results can be generalized to other countries and situations. A companion volume, Education, Work and Pay in East Africa, describes the economies and education systems of Kenya and Tanzania, and contains an annotated set of cross-tabulations and other summary statistics based on East African surveys. Knight is a Senior member of the research staff at the Institute of Economics and Statistics. Sabot is Professor of Economics at Williams College. Index.

/pdf/education-productivity-and-inequality-the-east-african-97pd3s7roz.pdf

Education, Productivity, and Inequality: The East African Natural Experiment

This article argues that the principle of subsidiarity should be recognized as a structural principle of international human rights law primarily because of the way that it mediates between the universalizing aspirations of human rights and the fact of the diversity of human communities in the world. The idea of subsidiarity is deeply consonant with the substantive vision of human dignity and the universal common good that is expressed through human rights norms. Yet, at the same time it promotes respect for pluralism by emphasizing the freedom of more local communities to realize their own ends for themselves. Looking at the place of subsidiarity in international law generally, the article argues that subsidiarity is a more accurate and powerful way of understanding the relationship of human rights to international law and to the roles of states in the global community. Using the constitutional structure of the European Union as a starting point, the article presents subsidiarity as a conceptual alternative to classic notions of state sovereigny, which relativizes but does not eliminate the roles of nation states. The analysis shows that in many ways, subsidiarity is already immanent in the existing structures and doctrines of international human rights law, and provides a better explanation for a number of otherwise problematic features of international human rights law, such as the "margin of appreciation" and reservations to universal human rights treaties. Finally, the article defends the idea and use of the principle of subsidiarity against critiques that resist the legal pluralism that subsidiarity fosters and protects. It argues that philosophical, legal and political objections to pluralism in international human rights law are misdirected, and that an international legal system structured in accordance with subsidiarity can best combine the values of universality and diversity that respect for human rights requires.

Subsidiarity as a Structural Principle of International Human Rights Law

Forces for Compliance with the Law of War

Foreign Enterprise in Japan: Laws and Policies. By Dan Fenno Henderson. (University of North Carolina Press, 1973. Pp. xvii, 574. $17.95.)

Although Choi intends his framework to be respectful of regulatory/ tax autonomy, this reviewer is doubtful that Choi's largely economic approach to \"like product\" would be as successful as he hopes. In my view, product likeness is just a categorization invented and rendered important by trade law rules. When disputes arise, the two products at issue are inevitably going to be \"like\" in some ways and unlike in others. Yet \"like/not like\" boils away the nuance to a binary decision. Of course, making that decision is an important task that WTO adjudicators ought to perform on a systematic and principled, rather than ad hoc, basis. Although it sometimes seems as if Choi perceives product likeness as a market condition detectable with an economist's empirical scanner, no one should be under an illusion that the placement of the line between \"like\" and unlike products is a scientific judgment.

Völkerrecht (2d ed.). By Georg Dahm, Jost Delbrück, and Rüdiger Wolfram. Vol. 1/1 (1989): Pp. xliv, 572. Index. €128. Vol. 1/2 (2002): Pp. lxxix, 510. €128. Vol. 1/3 (2002): Pp. xviii, 662 (511-1172). Index. €128. Berlin: de Gruyter.

Income tax law and human rights law operate in quite separate worlds, but a proposal recently presented to Congress brings them together. The Clinton administration has advocated a tax on certain unrealized capital gains of expatriates and some of its opponents have claimed that it constitutes a violation of human rights law. They evoke the hardships visited on those who fled from Nazi Germany in the 1930s and from the Soviet Union and the German Democratic Republic more recently. They assert that a similar wrong would be inflicted by this proposed tax on those who surrender United States citizenship. The reaction of this writer is that of Justice Cardozo to the charge that twentieth-century administrative practices are “Star Chamber” procedures: “Historians may find hyperbole in the sanguinary simile.”

Detlev F. Vagts

Papers

Forces for Compliance with the Law of War

Foreign Enterprise in Japan: Laws and Policies. By Dan Fenno Henderson. (University of North Carolina Press, 1973. Pp. xvii, 574. $17.95.)

Völkerrecht (2d ed.). By Georg Dahm, Jost Delbrück, and Rüdiger Wolfram. Vol. 1/1 (1989): Pp. xliv, 572. Index. €128. Vol. 1/2 (2002): Pp. lxxix, 510. €128. Vol. 1/3 (2002): Pp. xviii, 662 (511-1172). Index. €128. Berlin: de Gruyter.

The Proposed Expatriation Tax—A Human Rights Violation?

Deutsches Internationales Kartellrecht. By Ivo E. Schwartz (Cologne, Berlin, Bonn and Munich: Carl Heymanns Verlag KG, 1962. pp. xx, 325. DM. 42.80.)