Showing papers on "Public international law published in 2000"

The Global Covenant: Human Conduct in a World of States

Abstract: Preface 1. The Normative Dialogue of International Society PART I. THEORY AND HISTORY OF INTERNATIONAL SOCIETY 2. International Human Relations 3. Recovering the Classical Approach 4. The Classical Approach as a Craft Discipline 5. The Political Theory of International Societas 6. The Situational Ethics of Independent Statecraft 7. The Pluralist Architecture of World Politics PART II. PASSAGES OF CONTEMPORARY INTERNATIONAL SOCIETY 8. Security in a Pluralist World 9. Justifying Conventional War 10. Armed Intervention for Humanity 11. Failed States and International Trusteeship 12. International Boundaries as a Planetary Institution 13. Democracy and International Community PART III. VALUE AND FUTURE OF INTERNATIONAL SOCIETY 14. Alternatives to International Societas? 15. Justifying the Global Covenant

Crimes against humanity : the struggle for global justice

Abstract: Part 1 The human rights story: in the beginning - natural rights revolutions and declarations the 19th century - Bentham, Marx and the humanitarian impulse between wars - the League of Nations and Stalin's show trials H.G. Wells - what are we fighting for? the universal declaration of human rights. Part 2 The post-war world: 1946-76 - thirty inglorious years the human rights commission - a permanent failure? the civil covenant and its human rights committee some enforcement at last - the European convention, and other regions "realpolitik" rules OK the Srebrenica question. Part 3 The rights of humankind: making human rights rule - the international law paradox the Statue of Liberty safety of the person individual freedoms the right to fairness peaceful enjoyment of property. Part 4 21st century blues: freedom from execution death penalty safeguards minority rights indigenous peoples self-determination economic and social rights a right to democracy?. Part 5 War law: in search of the just war the Geneva Conventions good conventions - chemical, nuclear and conventional weapons, and landmines the dogs of war. Part 6 An end to impunity?: the Nuremberg legacy international criminals - pirates, slavers and kaisers the Nazi leaders -summary execution? the trial judgement day victors' justice? towards universal jurisdiction (genocide, torture, apartheid). Part 7 Slouching towards nemesis: into this blackness the duty to prosecute the limits of amnesty truth commissions and transitional justice the case for retribution. Part 8: legal basis of the Hague tribunal how the tribunal operates the "Tadic case" individual responsibility. Part 9 The international criminal court: Rome 1998 - the statute international crimes the court the trial the future. Part 10 The case for General Pinochet: an arrest in Harley Street the state in international law sovereign immunity bring on the diplomats the law takes its course. Part 10 Epilogue: after Kosovo appendices.

The boundaries of international law: A feminist analysis

Abstract: 1. Women and the international legal system 2. Feminist theories and international law 3. Modes of international law-making 4. The law of treaties 5. The idea of the state 6. International institutions 7. Human rights 8. The use of force in international law 9. Peaceful settlement of disputes 10. Redrawing the boundaries of international law

Human Rights in International Relations

Abstract: This fourth edition of David P Forsythe's successful textbook provides an authoritative and timely analysis of the place of human rights in an age of upheaval in international politics Human rights standards are examined at the global, regional and national levels, with separate chapters on transnational corporations and advocacy groups Completely updated and revised, the fourth edition takes account of new sources and recent scholarship, as well as recent events, such as the Syrian war, the rise of ISIS, refugee flows, South Sudan crises, and the resurgence of nationalism A new chapter has been added on the media and human rights, covering both traditional and social media Examining attempts to protect human rights by various actors, such as the United Nations, the European Union, transnational corporations, and the media, the book stresses that the open-ended fate of universal human rights depends on human agency in this context Containing further reading suggestions and discussion questions, this textbook is a vital resource for courses on human rights in an international context

Genocide in International Law: The Crimes of Crimes

Abstract: The 1948 Genocide Convention has become a vital legal tool in the international campaign against impunity. Its provisions, including its enigmatic definition of the crime and its pledge both to punish and prevent the 'crime of crimes', have now been interpreted in important judgments by the International Court of Justice, the ad hoc Tribunals for the former Yugoslavia and Rwanda and various domestic courts. The second edition of this definitive work focuses on the judicial interpretation of the Convention, relying on debates in the International Law Commission, political statements in bodies like the General Assembly of the United Nations and the growing body of case law. Attention is given to the concept of protected groups, to problems of criminal prosecution and to issues of international judicial cooperation, such as extradition. The duty to prevent genocide and its relationship with the emerging doctrine of the 'responsibility to protect' are also explored.

The Epochs of International Law

Abstract: Wilhelm G. Grewe's "Epochen der Volkerrechtsgeschichte", published in 1984, is widely regarded as one of the classic twentieth century works of international law. This revised translation by Michael Byers of Duke University, Durham, North Carolina, makes this important book available to non-German readers for the first time. "The Epocs of International Law" provides a theoretical overview and detailed analysis of the history of international law from the Middle Ages, to the Age of Discovery and the Thirty Years War, from Napoleon Bonaparte to the Treaty of Versailles, the Cold War and the Age of the Single Superpower, and does so in a way that reflects Grewe's own experience as one of Germany's leading diplomats and professors of international law. A new chapter, written by Wilhelm G. Grewe and Michael Byers, updates the book to October 1998, making the revised translation of interest to German international layers, international relations scholars and historians as well. Wilhelm G. Grewe was one of Germany's leading diplomats, serving as West German ambassador to Washington, Tokyo and NATO, and was a member of the International Court of Arbitration in The Hague. Subsequently professor of International Law at the University of Freiburg, he remains one of Germany's most famous academic lawyers. Wilhelm G. Grewe died in January 2000. Professor Dr. Michael Byers, Duke University, School of Law, Durham, North Carolina, formerly a Fellow of Jesus College, Oxford, and a visiting Fellow of the Max-Planck-Institute for Comparative Public Law and International Law, Heidelberg.

The function of law in the international community

Abstract: PART I - INTRODUCTORY 1. The Science of International Law and the Limitations of the Place of Law in the Settlements of International Disputes 2. Conventions of Pacific Settlement and the Limitation of the Judicial Function PART II - THE INTERNATIONAL JUDICIAL FUNCTION AND THE COMPLETENESS OF INTERNATIONAL LAW 3. Limitation of the Judicial Function on Account of the Absence of Rules of International Law 4. 'Lacunae' in International Law 5. The Problem of the Judicial Function in International Law 6. Novelty of Action and Nature of Judicial Activity in International Law PART III - POLITICAL DISPUTES AND THE JUDICIAL FUNCTION IN INTERNATIONAL LAW 7. Importance of Disputes as a Test of Judiciability 8. International Law and Judicial Determination of Important Issues 9. The Doctrine of 'De Maximis Non Curat Praetor' as Part of Legal Obligations 10. The Impartiality of International Tribunals PART IV - STABILITY AND CHANGE IN INTERNATIONAL LAW 11. International Change and the Judicial Settlement of International Disputes 12. International Conciliation as as Instrument of Change 13. The Judicial Application of the Doctrine 'Rebus Sic Stantibus' 14. The Doctrine of Abuse of Rights as an Instrument of Change 15. Extension of Judicial Legislation by the Will of the Parties 16. Judicial Decision as the Starting Point for the Modification of the Law PART V - DISPUTES AS TO RIGHTS AND CONFLICTS OF INTERESTS 17. 'Disputes as to Rights' as a Legal Concept 18. Obligatory Settlement of So-called Conflicts of Interests PART VI - THE LIMITS OF THE RULE OF LAW 19. Limitations on the Rule of Law within the State 20. The 'Specific' Character of International Law and the Rule of Law in International Society

Negotiating Asylum : The EU Acquis, Extraterritorial Protection and the Common Market of Deflection

Abstract: How are access to asylum and other forms of extraterritorial protection regulated in the European Union? Is the EU acquis in these areas in conformity with international law? What tools does international law offer to solve conflicts between them? And, finally, is law capable of bridging the foundational oppositions embedded in migration and asylum issues? This work combines the potential of legal formalism with an analytical framework drawing on political theory. It analyses the argumentative strategies used by international lawyers, exploiting the interpretative methodology of international law as well as elaborate discrimination arguments. Taking the axiomatic tension between universalism and particularism as a point of departure, the author conceptualises the efforts to harmonise migration and asylum law in the European Union as the result of two interdependent negotiation loops: one taking place among Member States, and another between protection seekers and their host state. An extensive survey of the EU acquis and its institutional framework leads to the conclusion that both are heavily fragmented. The EU acquis contains not a single binding instruments securing the interests of protection seekers, while instruments enhancing migration control are fraught with legal and practical idiosyncrasies. Burden-sharing remains the pivotal element in the normative dynamics behind the EU acquis, and the various efforts of Member States to launch solidarity schemes are exposed to a critical analysis. After confronting the acquis with protective norms of international law, the author concludes that the deflection of protection seekers by means of visa requirements may constitute a violation of the European Convention of Human Rights, and that the prescriptions of international law oblige Member States to apply the Dublin Convention and the Spanish Protocol in a manner which ultimately empties the law of its main control functions. He also develops an explicatory model reconstructing the case law of the European Court of Human Rights in the field of extraterritorial protection. In the final part, the argumentative interdependencies between universalism and particularism are explored, and the author explains why the European Court of Human Rights must be regarded as the most legitimized forum for the negotiation of asylum in Europe. (Less)

Democratic governance and international law

Abstract: Introduction: The spread of liberal democracy and its implication for international law Gregory H. Fox and Brad R. Roth Part I. The Normative Foundations of a Right to Political Participation: 1. Legitimacy of the democratic entitlement Thomas M. Franck 2. The right to political participation in international law Gregory H. Fox 3. Democracy and the body of international law James Crawford Part II. Democracy and Inter-State Relations: 4. Democratic legitimacy and the recognition of states and governments Sean D. Murphy 5. Constitutionalism and democratic government in the inter-American system Steven Schnably 6. Government networks: the heart of the liberal democratic order Anne-Marie Slaughter Part III. Democracy and the Use of Force: 7. Sovereignty and human rights in contemporary international law W. Michael Reisman 8. 'You, the people': pro-democratic intervention in international law Michael Byers and Simon Chesterman 9. Pro-democratic intervention by invitation David Wippman 10. The illegality of 'pro-democratic' invasion pacts Brad R. Roth 11. International law and the 'liberal peace' John Owen Part IV. Democratisation and Conflicting Imperatives: 12. Intolerant democracies Gregory H. Fox and Georg Nolte 13. Whose intolerance, which democracy? Martti Koskenniemi 14. Democratic intolerance: observations on Fox and Nolte Brad R. Roth 15. A defence of the 'intolerant democracies' thesis Gregory H. Fox and Georg Nolte 16. Democracy and accountability: the criss-crossing paths of two emerging norms Steven R. Ratner Part V. Critical Approaches: 17. Evaluating democratic progress Brad R. Roth 18. What kind of democracy does the 'democratic entitlement' entail? Jan Knippers Black 19. International law, democracy and the end of history Susan Marks.

Lee, Roy S. The International Criminal Court: The Making of the Rome Statute--Issues, Negotiations, Results

Abstract: A statute laying the foundation for a permanent international criminal court (ICC) was adopted by overwhelming vote at a diplomatic conference in Rome on July 17, 1998. The Secretary-General of the United Nations, Kofi A. Annan, hailed the statute as \"a gift of hope to future generations,\" as \"one of the finest moments in the history of the United Nations,\" and as \"a giant step forward in the march towards universal human rights and the rule of law\" (p. ix). Professor Roy S. Lee, executive secretary of the Rome Conference, has assembled and edited contributions from twenty-eight key players who present an authoritative \"insider's view\" that explains the statute's 128 articles and how difficult compromises were reached in the process of drafting them. It is an indispensable source book for serious students of the subject. Managing a conference of 160 participating states and amalgamating vastly divergent viewpoints was a daunting enterprise. Lee's introduction sketches the creation of simultaneous working groups and coordinating mechanisms to reconcile and meld conflicting clauses into one cohesive legal package. Policy questions that could not be settled had to be skillfully deferred for later consideration. Lee, who recently retired as director of the United Nations' Codification Division, maintains that the new court would harmonize national judicial systems and strengthen law enforcement regarding major crimes of concern to the world community. An ICC would help deter those who thought themselves beyond the reach of international justice. He concludes, optimistically: \"An effective, functioning International Criminal Court will soon be a reality\" (p. 38).

Internationalization and quality assurance: Towards worldwide accreditation?

Abstract: This paper addresses two very closely related issues, namely the integration of the quality dimension in internationalization policies in higher education and the adaptation of quality assurance policies and practices to an increasingly international environment. Through an analysis of some issues and challenges in internationalization on the one hand and an overview of recent developments in quality assurance on the other, our objective is to question how internationalization and quality assurance can be integrated. Internationalization policies and practices are lacking a quality assurance dimension and quality assurance approaches are too much confined to national contexts. Can quality assurance give answers to the challenges facing internationalization and can the introduction of an international dimension give a solution to issues in the field of quality assurance. This paper then focuses on the concept of multiple accreditation and the development of worldwide mutual accreditation networks among institutions as a possible avenue for future progress.

Re-Defining Legitimate Statehood:International Law and State Fragmentation in Africa

Abstract: Acknowledgements. 1. The Conceptual Framework and Methodology of the Study. 2. On the Ontology of the Crisis of Legitimate Statehood in Africa. 3. The Concept of Legitimate Statehood in the International System and the Problem of Socio-Cultural Fragmentation Within Established States. 4. The Contribution of Certain International Legal and Institutional Attitudes to Internecine Conflict Within Established African States. 5. International Law, Multilateral African Institutions, and the Prevention of Internecine Conflict Within Established African States. 6. The Conclusions and Recommendations of the Study. Bibliography. Index.

The WTO in international law: tradition continued or new frontier?

Abstract: The question of the relationship between international law and international trade law has taken on a greater significance with the development of the legal regime of the WTO. Although in a formal legal sense the WTO differs little from other international organizations, its legal regime is built on assumptions that are often at variance with those underlying the traditional sovereign state model. Moreover, the WTO dispute settlement mechanism is playing an active role in the development of the substantive and procedural content of international law. The contributions of this process include clarification of the rules relating to treaty interpretation, and the development of rights of access for non-state entities. These developments have implications for some of the assumptions on which international law traditionally has been based. Copyright 2000 by Oxford University Press.

The World Bank Inspection Panel: Lessons from the First Five Years

Abstract: In 1993, the World Bank's board of directors responded to international environmental and human rights critics by creating a precedent-setting public accountability mechanism. Local-global civil society advocacy networks found allies in donor governments, and their message resonated with internal World Bank concerns about the need to improve the effective ness of its investments.1 Through the Inspection Panel, citizens of develop ing countries can now make direct grievances regarding the environmental and social costs of World Bank projects. Among multilateral organizations, the World Bank permits the greatest degree of citizen access. Composed of distinguished, non-World Bank development experts, the panel is a transna tional entity embedded within a multilateral institution. On balance, it has been a remarkably autonomous body, permitting people negatively affected by Bank projects to gain some degree of diplomatic standing, potential transnational public interest allies, media access, and even the possibility of some tangible concessions. In spite of its limits, the World Bank's Inspec tion Panel is one of its most tangible institution-wide policy changes in re sponse to almost two decades of environmental and human rights criticism. As World Bank president James Wolfensohn put it, the Inspection Panel is a "bold experiment in transparency and accountability that has worked to the benefit of all concerned."2 The Inspection Panel's experience constitutes an important empirical test of the widely noted influence of nongovernmental actors in interna tional relations. Here is an institution that all parties agree was created in response to sustained advocacy campaigns by coalitions of nongovern mental organizations (NGOs) in the North with NGOs and grassroots groups in the South. By creating the panel, the World Bank board of direc tors recognized the legitimacy of the normative principle that international organizations should be publicly accountable, another powerful indicator of the influence of nongovernmental actors in international affairs. In the pro cess, transnational advocacy networks consistently used combinations of what Margaret Keck and Kathryn Sikkink crisply frame as:

The Interplay of the United Nations Convention on the Law of the Sea and the Convention on Biological Diversity

Abstract: In response to a growing sensitivity concerning the protection of the environment, international environmental law has in recent years been faced with a proliferation of multilateral treaties. International environmental law is in a stage of progressive development; new international treaties respond to modern insights on the existence and nature of threats to the environment. As a result of the growing number of new and existing agreements environmental instruments often overlap with regard to their subject and scope. When addressing certain issues the agreements' underlying philosophy and objectives may differ as well as actions taken or envisaged thereunder. Although this lack of coherency was to be expected, however, mitigation measures or efforts to prevent future overlaps and potential collisions are underdeveloped.

Liability of multinational corporations under international law

Abstract: List of Abbreviations. Section I: Introduction and Overview. Introduction M.T. Kamminga, S. Zia-Zarifi. 1. Business and Human Rights in a Time of Change C. Avery. An Overview of the Human Rights Accountability of Multinational Enterprises S. Joseph. Section II: International Approaches. 3. Attempts to Extend the Accountability of Transnational Corporations: The Role of UNCTAD P.T. Muchlinski. 4. The Beginning of a Sessional Working Group on Transnational Corporations Within the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities D. Weissbrodt. 5. The Question of Jurisdiction Under International Criminal Law Over Legal Persons: Lessons from the Rome Conference on an International Criminal Court A. Clapham. 6. The Multilateral Agreement on Investment and the Review of the OECD Guidelines for Multinational Enterprises J. Huner. Section III: Domestic Approaches. 7. Corporate Accountability: International Human Rights Litigation Against Corporations in US Courts B. Stephens. 8. US Litigation Update J. Green, P. Hoffman. 9. English Courts and Serious Human Rights Violations Abroad: A Preliminary Assessment M. Byers. Liability of Multinational Corporations: A Critical Stage in the UK R. Meeran. 11. Public International Law in Transnational Litigation Against Multinational Corporations: Prospects and Problems in the Courts of the Netherlands A. Nollkaemper. 12. Transnational Litigation Against Multinational Corporations Before Dutch Civil Courts G. Betlem. Appendices: 1: ILO Delcaration on Fundamental Principles and Rights at Work. 2: ILO Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy. 3: OECD Declaration on International Investment and Multinational Enterprises. 4: Resolution on EU Standards for European Enterprises Operating in Developing Countries. Cases and Communications Relevant to the Liability of Multinational Corporations. Select Table of Treaties, Declarations and Other International Instruments. Table of Statutes and Legislative Instruments. Select Bibliography.

Integrating human rights into development cooperation : the case of the Lomé Convention

Abstract: Preface. List of abbreviations. Introduction. Part I: Human Rights, Democracy and Development. Introductory Remarks to Part I. 1. The Global Setting: Human Rights, Democracy and Development Cooperation. 2. The Specific Setting: Western European, African, Caribbean and Pacific States' Perspectives on Human Rights and Democracy. Concluding Remarks on Part I. Part II: ACP-EC Development Cooperation and Human Rights: The Formal Framework. Introductory Remarks to Part II. 3. The Development Cooperation Policy of the European Community. 4. Powers, Actors and Procedures in European Community Development Cooperation. 5. ACP-EC Development Cooperation and Human Rights: review of the Lome treaty provisions. Concluding Remarks on Part II. Part III: Human Rights in the Practice of ACP-EC Relations. Introductory Remarks to Part III. 6. Taking Positions on Human Rights in ACP-EC Relations. 7. The Positive Approach: Support for Human Rights and Democracy in ACP Countries. 8. The Negative Approach: Sanctions on Violations of Human Rights. Concluding Remarks Part III. Final Observations: Lome - `Paper Tiger' Or Human Rights Guardian. Annexes. Bibliography. Index.

New Trends in the Enforcement of erga omnes Obligations

Abstract: I. The Emergence of erga omnes Obligations 1. Human Rights Under the UN Charter a. The Programme b. The Implementation 2. The Establishment of erga, omnes obligations in Other fields a. Conventional Creation b. Jus cogens 3. Ensuring Compliance with erga omnes Obligations a. The Growing Awareness of their Different Character b. The Tortuous Implementation of the Idea in Practice II. Can the Existing Community Mechanisms Ensure Enforcement? 1. The Conceptual Question 2. The Relevant Functions of International Organs a. Reporting Systems b. Inspection, Verification and Investigation Systems c. Complaints Procedures d. (Limited) Non-Violent Sanctions 3. Conclusions III. Individual Criminal Responsibility 1. The Evolution of the Concept a. The Way to Nuremberg, Tokyo and Other Prosecutions after World War II b. The Geneva Conventions of 1949 and their Additional Protocols 2. The influence of the International Criminal Tribunals Established by the Security Council a. Jurisdictional Innovation b. The Subject-Matter Jurisdiction of the Tribunals 3. The International Criminal Court (ICC) a. Jurisdiction and its Implementation b. Subject-Matter Jurisdiction

The Westphalian Legal Orthodoxy - Myth or Reality?

Abstract: [A l'origine dans / Was originally part of : Fac. Droit - Coll. facultaire - Droit international]

Hedley Bull On International Society

Abstract: Acknowledgements Introduction Society and Anarchy in International Relations (1966) The Groation Conception of International Society (1966), and edited version of original presentation to British Committee on the Theory of International Politics in April 1962 The Twenty Years' Crisis Thirty Years On (1969) The State's Positive Role in World Affairs (1979) Natural Law and International Relations (1979) The European International Order (1980) Hobbes and the International Anarchy (1981) Justice and International Relations: The Hagey Lectures (1984) International Relations as an Academic Pursuit (1972) Index

International Law And The Nato Intervention In Kosovo

Abstract: This memorandum is submitted in response to a request from the Foreign Affairs Committee in connection with its hearings on the NATO intervention in Kosovo in March 1999. The memorandum addresses the following issues of international law:(1) Was the resort to force by NATO consistent with international law? and(2) Were the means employed by NATO, once the decision to use force had been taken, consistent with international law?

International law and international relations

Abstract: The disciplines of international law and international relations are inextricably linked. Both are concerned with the activities of states and with predicting how states behave and on what basis.For the international lawyer, however, the key concern is the role of the law. On the other hand, political scientists have traditionally regarded international law with skepticism, if not contempt. In recent years new approaches in both disciplines have seen moves towards greater interdisciplinary collaboration. Indeed, at the start of the twenty-first century, theorists from both disciplines are talking actively about the development of a dual agenda of international law and international relations. This means that students of international relations need increasingly to be familiar with the terminology and methodology of international law.This essential introductory text examines the key concepts in international law with a view to illuminating them in the context of international relations. The first part of the book provides coverage of theoretical issues, addressing questions such as: How does international law work? How is international law made? and To whom does international law apply? The second part examines international law in context, focusing on the role of treaties and customary international law, the role of individuals in international law and the legal control of the use of force. It also uses case-study material including an examination of the Pinochet litigation.