Showing papers on "Public international law published in 2012"

Handbook of International Relations

Abstract: PART ONE: HISTORICAL, PHILOSOPHICAL AND THEORETICAL ISSUES IN INTERNATIONAL RELATIONS On the History and Historiography of International Relations - Brian C. Schmidt Philosophy of Social Science and International Relations - Colin Wight Ethics and Norms in International Relations - Andrew Hurrell & Terry Macdonald Rational Choice and International Relations - Duncan Snidal Constructivism in International Relations: Sources, Contributions and Debates - Emanuel Adler Critical Theory, Post-Structuralism and Post-Colonialism - Maja Zehfuss Feminist Perspectives on International Relations - Laura Sjoberg & J. Ann Tickner Psychological Explanations of International Decision-Making and Collective Behavior - Janice Gross Stein Theoretical Pluralism in IR: Possibilities and Limits - Jeffrey T. Checkel PART TWO: STRUCTURES AND PROCESSES OF INTERNATIONAL RELATIONS State, Sovereignty and Territory - Thomas J. Biersteker Power and International Relations - David A. Baldwin Foreign Policy - Walter Carlsnaes International Organizations and Institutions - Lisa L. Martin & Beth A. Simmons International Law - Beth Simmons Negotiation and Bargaining - John Odell Globalization and Global Governance - Michael Z rn Transnational Actors and World Politics - Thomas Risse Transnational Diffusion: Norms, Ideas and Policies - Fabrizio Gilardi Domestic Politics and International Relations - Kenneth Schultz Comparative Regionalism: European Integration and beyond - Tanja A. Borzel Nationalism and Ethnicity in International Relations - Lars-Erik Cederman Great Power Hierarchies and Strategies in 21st Century World Politics - David A. Lake PART THREE: SUBSTANTIVE ISSUES IN INTERNATIONAL RELATIONS Interstate War and Peace - Jack S. Levy Security Co-Operation - Harald M ller Terrorism and Counterterrorism - Ethan Buena de Mesquita Civil Wars, Conflict Resolution and Bargaining Theory - Barbara F. Walter Religion and International Relations Theory - Monica Duffy Toft International Finance - Michael Tomz International Trade - Helen V. Milner International Migration - Gallya Lahav & Sandra Lavenex Development and International Relations - Jana Honke & Markus Lederer International Environmental Politics - Ronald B. Mitchell International Human Rights - Hans Peter Schmitz and Kathryn Sikkink

Brownlie's Principles of Public International Law

Abstract: PART I - PRELIMINARY TOPICS PART II - PERSONALITY AND RECOGNITION PART III - TERRITORIAL SOVEREIGNTY PART IV - LAW OF THE SEA PART V - THE ENVIRONMENT AND NATURAL RESOURCES PART VI - INTERNATIONAL TRANSACTIONS PART VII - STATE JURISDICTION PART VIII - NATIONALITY AND RELATED CONCEPTS PART IX - THE LAW OF RESPONSIBILITY PART X - THE PROTECTION OF INDIVIDUALS AND GROUPS PART XI - DISPUTES

Max Planck Encyclopedia of Public International Law

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The Empirical Turn in International Legal Scholarship

Abstract: This article presents and assesses a new wave of empirical research on international law. Recent scholarship has moved away from theoretical debates over whether international law “matters,” and focuses instead on exploring the conditions under which international law is created and produces effects. As this empirical research program has matured, it has allowed for new, mid-level theorizing that we call “conditional international law theory.”

The Law of Cyber-Attack

Abstract: Cyber-attacks have become increasingly common in recent years. Capable of shutting down nuclear centrifuges, air defense systems, and electrical grids, cyber-attacks pose a serious threat to national security. As a result, some have suggested that cyber-attacks should be treated as acts of war. Yet the attacks look little like the armed attacks that the law of war has traditionally regulated. This Article examines how existing law may be applied — and adapted and amended — to meet the distinctive challenge posed by cyber-attacks. It begins by clarifying what cyber-attacks are and how they already are regulated by existing bodies of law, including the law of war, international treaties, and domestic criminal law. This review makes clear that existing law effectively addresses only a small fraction of potential cyber-attacks. The law of war, for example, provides a useful framework for only the very small number of cyber-attacks that amount to an armed attack or that take place in the context of an ongoing armed conflict. This Article concludes that a new, comprehensive legal framework at both the domestic and international levels is needed to more effectively address cyber-attacks. The United States could strengthen its domestic law by giving domestic criminal laws addressing cyber-attacks extra-territorial effect and by adopting limited, internationally permissible countermeasures to combat cyber-attacks that do not rise to the level of armed attacks or that do not take place during an ongoing armed conflict. Yet the challenge cannot be met by domestic reforms alone. International cooperation will be essential to a truly effective legal response. New international efforts to regulate cyber-attacks must begin with agreement on the problem — which means agreement on the definition of cyber-attack, cyber-crime, and cyber-warfare. This would form the foundation for greater international cooperation on information sharing, evidence collection, and criminal prosecution of those involved in cyber-attacks — in short, for a new international law of cyber-attack.

Hybrid Peace Governance: Its Emergence and Significance

Abstract: In hybrid peace governance, liberal and illiberal norms, institutions, and actors exist alongside each other, interact, and even clash. Such a political, economic, and social order is a far cry from the liberal idea of peace based on legitimate and accountable democratic institutions, the rule of law, human rights, free media, market economy, and an open civil society. This article accounts for the emergence of hybrid peace governance and develops a typology based on the war/peace and liberal/illiberal spectra. Furthermore, it discusses the implications of hybridity and, in particular, whether it can avoid the pitfalls of top-down liberal peacebuilding and provide new opportunities for a more sustainable, locally engrained version of peace.

International Regimes for Human Rights

Abstract: This article provides a roadmap for understanding the points of agreement and contention that characterize contemporary empirical scholarship on international human rights legal regimes. It explores what the statistical research teaches us about why states participate in these regimes; knowledge of how these regimes operate; and their relationship to actual human rights behavior. It also describes the central shortcomings of this research tradition and suggests a few areas especially promising for future research.

Global Legal Pluralism : A Jurisprudence of Law Beyond Borders

Abstract: Part I. Mapping a Hybrid World: 1. Introduction 2. A world of legal conflicts Part II. Retreating from Hybridity: 3. The limits of sovereigntist territoriality 4. From universalism to cosmopolitanism Part III. Embracing Hybridity: 5. Towards a cosmopolitan pluralist jurisprudence 6. Procedural mechanisms, institutional designs, and discursive practices for managing pluralism Part IV. Conflict of Laws in a Hybrid World: 7. The changing terrain of jurisdiction 8. A cosmopolitan pluralist approach to choice of law 9. Recognition of judgments and the legal negotiation of difference 10. Conclusion.

Cyber Security without Cyber War

Abstract: Which government agency should have primary responsibility for the Internet? The USA seems to have decided this question in favour of the military—the US military today has the largest concentration of expertise and legal authority with respect to cyberspace. Those in the legal community who support this develop- ment are divided as to the appropriate legal rules to guide the military in its oversight of the Internet. Specialists on the international law on the use of force argue that with analogy and interpretation, current international law can be applied in a way that allows great freedom without sending the message that the USA is acting lawlessly when it comes to the Internet. Others reject this argument as unnecessary and potentially too restrictive. The USA need not ob- serve international law rules, especially not with respect to the Internet. The way forward is to follow the Cold War strategy of threatening enemies with over- whelming force and preparing to act on these threats. This article also questions the application of international law on the use of force to the Internet. Rather than rejecting international law in general, however, the thesis here is that inter- national law rules governing economic activity and communications are the rele- vant ones for activity on the Internet. Moving away from military analogy in general and Cold War deterrence in particular, will result in the identification and application of rules with a far better chance of keeping the Internet open and safer for all.

Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa

Abstract: International treaties that deal with specific human rights and groups of persons Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment United Nations Convention on the Elimination of All Forms of Discrimination against Women United Nations Convention on the Rights of the Child United Nations International Convention on the Elimination of All Forms of Racial Discrimination United Nations International Convention on the Protection of All Persons from Enforced Disappearance ●

Unimaginable Atrocities: Justice, Politics, and Rights at the War Crimes Tribunals

Abstract: Highlights critical debates and controversies facing international criminal courts and tribunals, such as the tensions between peace and justice, and between fair trial rights and the need to secure a conviction. Professor William Schabas begins by considering the discipline of international criminal law, outlining the differing approaches to the description of international crimes and examining the frequent claims relating to the retroactive application of these crimes. The book then discusses the relationship between genocide and crimes against humanity, studying the fascination with what Schabas calls the 'genocide mystique'. International criminal tribunals have often been stigmatized as an exercise in victor's justice. This book traces how this critique developed and the difficulty it poses to the identification of situations for prosecution by the International Criminal Court. The claim that amnesty for international crimes is prohibited by international law is challenged, with a more nuanced approach to the relationship between justice and peace being proposed. Throughout the book there is a strong historical perspective, with constant reference to the early experiments in international justice at Nuremberg and Tokyo. The work also analyses the growing pains of the International Criminal Court as it enters its second decade.

Introducing Hybrid Peace Governance: Impact and Prospects of Liberal Peacebuilding

Abstract: In Bosnia and Herzegovina, Iraq, Afghanistan and Lebanon, among other cases, the international efforts to promote peace and democratic institutions frequently clash with different understandings of ...

Judicial Dialogue and Judicial Competition and Global Environmental Law: A Case Study on the UNECE Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters

Abstract: The mutual relation and influence of international environmental law and national environmental law has been studied, from both a top-down and as well as a bottom-up perspective: the orthodox analysis of the consequences of international environmental law for national law and policy has been combined with an analysis starting from national law, looking into the influences national law exerts upon international law. Yet, it is submitted that there is another dimension emerging in this mutual relationship. This dimension reflects a more ‘horizontal’ approach in the sense that the main focus is the relationship between national and international actors who exchange information, decisions, rulings, opinions and ideas about how international environmental law rules, institutions, principles and concepts should or could be fleshed out and further developed.This paper focuses on the provisions of the Aarhus Convention on legal protection in environmental matters and will discuss how judicial dialogue and judicial competition between the various bodies, courts, tribunals, etc., on both the national and international level, contribute to the emergence of a global environmental law on legal protection in environmental matters. In particular the interplay between the Aarhus Compliance Committee, the European Court of Justice, and the supreme national administrative courts of e.g. Germany, Sweden and the Netherlands will be highlighted.

The Kadi Case – Constitutional Core Values and International Law – Finding the Balance?

Abstract: The Kadi judgment of the European Court of Justice has provoked severe criticism. The Court's dualist approach was described as unfaithful to its traditional fidelity to public international law and inserting itself in the tradition of nationalism. However, we argue that the Court indicated a possible opening to allow for precedence of Security Council measures, if sufficient safeguards for human rights are created. Moreover, it seems that the Security Council has risen to the challenge by introducing a strong review mechanism. Though this mechanism cannot exclude all possible conflicts between EU and UN law, it can significantly reduce the risk of divergent decisions.

The Quasi-Criminal Jurisdiction of the Human Rights Courts

Abstract: Justice systems often emerge from periods of mass atrocity structurally weakened, tainted by complicity, or otherwise compromised Since the close of the Cold War, when criminal accountability for atrocities became a political priority, the international community has created and deployed a variety of legal institutions to take jurisdiction when state justice systems falter The ad hoc criminal tribunals, the hybrid tribunals, the International Criminal Court, and the use of extraterritorial jurisdiction by national courts are among a new generation of transnational mechanisms designed to hold wrongdoers individually accountable, state justice systems notwithstanding (1) My paper argues that there is an alternative mechanism of accountability that also takes shape through the intervention of an international court, but that has been overlooked by the scholarship The regional human rights systems have begun to order and supervise national prosecutions when states have been unable or unwilling to act In particular, the Inter-American Court of Human Rights has made national prosecution of gross state-sponsored crimes a centerpiece of its regional agenda The Inter-American Court is not, technically speaking, a criminal court and cannot find individual responsibility Nonetheless, it has forged the practice of regularly ordering states to investigate, try, and punish those responsible for gross human rights violations as a form of equitable relief It then supervises states' implementation of its orders, holding mandatory hearings and issuing compliance reports that aspire to shape the progress of national criminal processes as they unfold The Court has decreed and is actively monitoring prosecutions of international crimes in roughly 50 cases across 17 states (2) Pursuant to its orders in these cases, states have launched new criminal investigations, exhumed mass graves, moved cases from military to civil jurisdiction, overturned amnesties, bypassed statutes of limitations, and created new institutions and working methods to facilitate prosecution of such crimes Indeed, at least 32 prosecutions launched pursuant to Inter-American Court orders have yielded convictions To contextualize this number, it should be recalled that the International Criminal Court (ICC) ten years into its work has issued a single conviction, and that the International Criminal Tribunal for the Former Yugoslavia (ICTY) has reached 64 convictions (3) The Inter-American Court runs on a yearly budget of roughly US$25 million; the ICC and ICTY each run on yearly budgets of roughly US$150 million (4) The Inter-American Court is not alone in its foray into prosecutorial matters The Inter-American Commission for Human Rights, the Council of Europe's Committee of Ministers, and the African Human Rights Commission also exhort states both to prosecute international crimes and to monitor the ensuing national processes In pushing for accountability, these human rights bodies exert a jurisdiction quite different from that of the international and hybrid criminal courts Whereas those courts directly conduct the prosecutorial work themselves, the rights bodies entrust local justice systems with the corrective actions, monitoring their work from afar but at times in detail, and exerting pressure by publishing compliance reports and holding hearings The rights bodies' methods are thus more deferential to states and, inevitably, slow to reach prosecutorial outcomes But they have important virtues They foster local processes of justice, memory, and judicial reform They are able to pair victim-centered remedies with retributive justice And, importantly, it is the state rather than the international community that shoulders the cost of prosecution---costs which, in any case, run substantially lower than those of the international criminal tribunals This form of jurisdiction--the practice by an international body of ordering, monitoring, and guiding national prosecutions--will be referred to as quasi-criminal review …

The Statute of the International Court of Justice: A Commentary

Abstract: PART ONE: INTRODUCTION PART TWO: RELEVANT PROVISIONS OF THE UN CHARTER PART THREE: STATUTE OF THE INTERNATIONAL COURT OF JUSTICE CHAPTER I ORGANIZATION OF THE COURT CHAPTER II COMPETENCE OF THE COURT CHAPTER III PROCEDURE CHAPTER IV ADVISORY OPINIONS CHAPTER V AMENDMENT

International Environmental Law

Abstract: I Historical Development II Key Concepts in International Environmental Law III Key Issues in Current International Environmental Law IV International Environmental Governance I: 'Setting the Rules of the Game' V International Environmental Governance II: Ensuring Compliance VI Relationship between International Environmental Law and Other Areas of International Law VII Perspectives

The Cambridge Companion to International Law

Abstract: Machine generated contents note: Introduction James Crawford and Martti Koskenniemi; Part I. The Contexts of International Law: 1. International law in diplomatic history Gerry Simpson; 2. International law in the world of ideas Martti Koskenniemi; 3. International law as 'law' Frederic Me;gret; Part II. International Law and the State: 4. Statehood - territory, people, government Karen Knop; 5. Uses of 'sovereignty' in the law James Crawford; 6. Exercise and limits of jurisdiction Bruno Simma and Andreas Muller; 7. Lawfare and warfare David Kennedy; Part III. Techniques and Arenas: 8. Law-making and sources - the argumentative basis Hilary Charlesworth; 9. Judicial settlement and arbitration - the invisible centre of international law Benedict Kingsbury; 10. International institutions Jan Klabbers; 11. Policing and sanctions Dino Kritsiotis; Part IV. Projects of International Law: 12. Constituting order Anne Orford; 13. Legitimating the rule of law B. S. Chimni; 14. Human rights in disastrous times Susan Marks; 15. Attacking evil Sarah Nouwen; 16. Regulating trade and investment Helene Ruiz-Fabri; 17. The role of international law in reproducing massive poverty Thomas Pogge; 18. Conserving resources Sundhuya Pahuja.

Law, Teleology and International Relations: An Essay in Counterdisciplinarity:

Abstract: Interdisciplinary approaches often bemoan international law’s lack of theoretical sophistication and naive utopianism. Instead of offering effective tools of governance, it seems committed to outdated ideas about an international public realm and a dubious teleology of progress. This essay – given as the E. H. Carr lecture at the University of Aberystwyth in 2011 – reviews efforts to reform international law into a science and a more efficient instrument of international rule. Such efforts have been a part of international law’s internal development but their lack of success depends on a mistaken view of the field as a ‘discipline’ − a set of theoretical or technical propositions. This essay defends a view of international law as an argumentative practice in which political claims are defended and attacked, rather than as a governance tool or institutional blueprint. At its worst, law may buttress bureaucratic privilege. At its best it may offer, for a cynical world, a vocabulary for imagining better futures. It may also sharpen political thought and strategic awareness, but it cannot replace them.

International Human Rights Law and Social Movements: States' Resistance and Civil Society's Insistence

Abstract: This review examines recent scholarship on the rise of international human rights law and proposes that social movements have played critical roles both in elevating the standards of human rights in international law and in leveraging these standards into better local practices. Institutionalization of universal human rights principles began in the immediate post–World War II period, in which civil society actors worked with powerful states to establish human rights as a key guiding principle of the international community and to ensure the actors' continuing participation in international human rights institutions. The subsequent decades saw various hurdles arise in international politics, but civil society actors skillfully used the small openings that they had gained to continue to advance the cause of human rights. They held powerful governments accountable to their lofty promises about human rights and worked with sympathetic governments in the UN system to continuously upgrade the standards of inter...

Interdisciplinary Perspectives on International Law and International Relations: The State of the Art

Abstract: Part I. Introduction: Setting the Stage: 1. International law and international relations: taking stock Jeffrey L. Dunoff and Mark A. Pollack 2. Law, legalization, and politics: an agenda for the next generation of IR/IL scholars Kenneth W. Abbott and Duncan Snidal Part II. Theorizing International Law: 3. Institutionalism and international law Barbara Koremenos 4. Liberal theories of international law Andrew Moravcsik 5. Constructivism and international law Jutta Brunnee and Stephen J. Toope 6. Wanted: dead or alive - realist approaches to international law Richard H. Steinberg Part III. Making International Law: 7. Flexibility in international agreements Laurence R. Helfer 8. Hard and soft law Gregory Shaffer and Mark A. Pollack 9. NGOs in international relations (theory) Peter J. Spiro 10. Regulatory networks Abraham Newman and David Zaring 11. Lawmaking by international organizations: perspectives from IL/IR theory Ian Johnstone 12. Institutional proliferation and the international legal order Kal Raustiala 13. Legitimacy: concepts and conceptions/normative and descriptive Daniel Bodansky Part IV. The Interpretation and Application of International Law: 14. The multiple roles of international courts and tribunals: enforcement, dispute resolution, constitutional and administrative review Karen J. Alter 15. The design of dispute settlement procedures in international agreements Barbara Koremenos and Timm Betz 16. Whose agents? The interpretation of international law in national courts Lisa Conant 17. International judicial independence Erik Voeten 18. The politics of treaty interpretation: variations and explanations across international tribunals Joost Pauwelyn and Manfred Elsig Part V. Enforcement, Compliance, and Effectiveness: 19. The engines of compliance Jana von Stein 20. Coercive enforcement in international law Alexander Thompson 21. Reputation in international relations and international law theory Rachel Brewster 22. Open economy law Joel P. Trachtman 23. Persuading to comply: on the deployment and avoidance of legal argumentation Steven R. Ratner 24. Against compliance Lisa L. Martin Part VI. Conclusions: 25. International law and international relations: twenty years later Anne-Marie Slaughter 26. Reviewing two decades of IL/IR scholarship: what we've learned, what's next Jeffrey L. Dunoff and Mark A. Pollack.

Beyond the “Liberal Peace”

Abstract: The article critically reviews the contributions to the understanding of contemporary peacebuilding practices of several recent contributions to the peacebuilding literature, including the 2011 World Development Report. It examines some of the conceptual problems with recent criticisms of the "liberal peace", and proposes that the concept of "liberal peace" should be abandonned as it lacks any analytical purchase.

International Law as Social Construct: The Struggle for Global Justice

Abstract: INTRODUCTION PART I - LAW AS SOCIAL CONSTRUCT 1. Society 2. Myth 3. Reason PART II - THE CONSTRUCTION OF INTERNATIONAL LAW 4. De- and re-mythologizing international law 5. Players 6. Rules 7. Values 8. Remedies EPILOGUE

Legitimacy in International Law and International Relations

Abstract: Over the past decade, there has been an explosion of interest, both among international lawyers and international relations scholars, in the legitimacy of international institutions. The issue of international legitimacy raises many important questions. Conceptually, what do we mean by “legitimacy” and what is its relation to other concepts such as legality, authority, obedience, power, self-interest, morality and justice? Normatively, what standards should we use to assess the legitimacy of international institutions? Descriptively, what standards do different actors (government officials, international bureaucrats, civil society groups, and business) actually use in assessing the legitimacy of international institutions? Finally, causally, what factors explain the creation of institutions with normative legitimacy, wha factors explain why institutions are accepted as legitimate, and how much practical difference do beliefs about legitimacy make -- for example, for the effectiveness and stability of an institution? This paper surveys the international law and international relations literatures on these issues. Despite many areas of convergence between the IL and IR literatures on legitimacy, there are also important differences. International relations scholars focus on the legitimacy of international institutions rather than of international law. Although many international lawyers share this institutional orientation, some have attempted to develop a more specific theory of legal legitimacy, based on internal qualities of the legal system (for example, whether rules are clear, prospective, and public, and whether they were adopted in conformity with the legal system’s secondary rules about norm creation), rather than on the political process by which the rules were produced or their substantive outcomes. This concern with what Lon Fuller called "the internal morality of the law," has no counterpart among political scientists, who have shown little interest in the legitimacy of international law as such.