Search results

The Politics of International Law offers an introduction to the role of law in contemporary international affairs. Through a case study-driven analysis of topics such as human rights, the use of force, international environmental law, international trade law, international criminal justice and the right to self-determination, the book explains the interaction between law and politics in the world today, demonstrating that one cannot be understood without the other. The book is divided into two parts. Part I introduces contemporary international law with a focus on constitutive legal principles such as sovereignty, territorial integrity and the legal equality of states. Through these introductory chapters, students are encouraged to take a holistic view of the processes and actors that drive international affairs, and explore the fascinating paradox that while international law is largely created through political processes, it also constitutes the environment in which international politics is practiced. Part II builds on the foundations laid in Part I to analyze contemporary controversies in international law and politics. Chapters focus on a number of substantive issue areas, including international environmental law, international economic law, human rights law, self-determination and secession, the law governing the use of force, and international criminal justice. This book is written to impart on readers a deepened understanding of both the possibilities and limits of international law as a tool for structuring relations in the world.

Although the legal problems of the elderly are as old as humankind, they have taken on current prominence for another reason: lifespan has increased markedly in recent years. Persons who would, given their age, have been the elders of the past and would have been expected to be focused on their imminent death are now, as a group, robust and well. They have better survived the ravages of time than have the plans fashioned when life expectancy was much lower. Questions concerning social status, expectations of living standards, general assistance and medical care all have become far more important and considerably more difficult. As life has become longer, and death more controllable, the issue of a person's right to choose death over diminished quality of life has also become far more complicated. This interesting book provides the reader with a selection of perspectives from scholars in different parts of the world on various branches of `elderlaw'. Questions of social obligations to elders and elders'rights and duties are addressed as they arise in the United States, Japan, Greece, New Zealand, the Netherlands, Canada, and England. The compilation does not attempt to map out the field nor to make country-by-country comparisons of the issues discussed. Rather, it shows some commonality of concerns and in the identification of problems and proposals for their solution

There is a huge collection of literature relating to death, grief and bereavement, but one aspect that has received relatively little attention is that of death management practices (by which we mean the various ways of managing the circumstances of the death, ritually acknowledging it and sensitively handling the disposal of the body and so on). While ways of disposing of the dead and grief practices have been thought of as based upon individual responses, grief and bereavement practices can be understood not only by looking at psychological and medical frameworks, but also by examining people as part of a complex structure of social arrangements, institutions, structures, and patterns. By examining the social and institutional structures of various groups around the world, we provide an international framework for a better understanding of the study of dying, death, and bereavement. This book highlights the significance of these matters in an international context, reflecting common themes and important differences. It will highlight common themes across diverse cultures and national settings, while also drawing attention to significant differences. If professionals working in the field of death, grief and bereavement are not aware of such differences, their practice can be insensitive, discriminatory and therefore ineffective, if not actually counterproductive. As such, the book provides an invaluable resource for a wide variety of professionals and students, including medicine and health care; social work; counselling and psychotherapy; chaplaincy and pastoral work; and, of course, those involved in the funeral industry. In addition, students of sociology, psychology and anthropology will find much of interest here in terms of appreciating the diversity of ways in which funerals and other death management practices are managed and integrated into social life

There is a huge collection of literature relating to death, grief and bereavement, but one aspect that has received relatively little attention is that of death management practices (by which we mean the various ways of managing the circumstances of the death, ritually acknowledging it and sensitively handling the disposal of the body and so on). While ways of disposing of the dead and grief practices have been thought of as based upon individual responses, grief and bereavement practices can be understood not only by looking at psychological and medical frameworks, but also by examining people as part of a complex structure of social arrangements, institutions, structures, and patterns. By examining the social and institutional structures of various groups around the world, we provide an international framework for a better understanding of the study of dying, death, and bereavement. This book highlights the significance of these matters in an international context, reflecting common themes and important differences. It will highlight common themes across diverse cultures and national settings, while also drawing attention to significant differences. If professionals working in the field of death, grief and bereavement are not aware of such differences, their practice can be insensitive, discriminatory and therefore ineffective, if not actually counterproductive. As such, the book provides an invaluable resource for a wide variety of professionals and students, including medicine and health care; social work; counselling and psychotherapy; chaplaincy and pastoral work; and, of course, those involved in the funeral industry. In addition, students of sociology, psychology and anthropology will find much of interest here in terms of appreciating the diversity of ways in which funerals and other death management practices are managed and integrated into social life. .

The international joint commission bas historically possessed the characteristics of an international organization; by reason of the capacities that it exercises, it has a certain measure of international personality; and, consequently, on the municipal plane, it has the capacity to be sued. It is therefore necessary, on the principle of effectiveness, that the Commission and its employees be immune from suit. In the United States, the Commission and its employees were granted immunities in 1948. In Canada, the Commission alone was granted immunities in 1976. It will be argued here that immunities should now also be granted to all commissioners, staff, and experts in Canada, in view of the standing of the Commission as an international organization possessing international personality, with consequences for municipal law.

Difficulties faced by the International Criminal Tribunal for the Former Yugoslavia (ICTFY), established by the UN Security Council in 1993, in prosecuting violations.

A growing international consensus has emerged in the last few decades on the need to prosecute egregious violations of international law. In this regard, the establishment of the International Criminal Court (ICC) is seen as a landmark development in the global protection of international human rights and humanitarian law standards. Since its independence in 1991, Eritrea has experienced heinous violations of international law. The violations amount to international core crimes, as defined by the ICC Statute and customary international law. These include crimes against humanity, war crimes and the crime of aggression. There are consistent reports, as well as documentary and testimonial evidence from reliable sources on this. Accordingly, a number of high-ranking government officials may be reasonably suspected of involvement in the perpetration of international crimes in Eritrea. However, Eritrea is not a state party to the ICC Statute and this means that many of the international crimes perpetrated in the country may not fall under the jurisdiction of the ICC. On the other hand, violations are continuing with impunity, as there are no effective domestic remedies to rectify the problem, giving rise to the need for immediate intervention by the international community. The article discusses the legal implications of the ICC Statute with regard to international crimes committed in Eritrea before and after the coming into effect of the Statute. Drawing on the latest developments of international criminal law, it explores possible options for the prosecution of the main perpetrators of international crimes pursuant to Security Council referral as stipulated under article 13(b) of the ICC Statute.

In recent years sanctions have become an increasingly popular tool of foreign policy, not only at the multilateral level (at the UN), but also regionally (the EU in particular) and unilaterally. The nature of the measures imposed has also changed: from comprehensive sanctions regimes (discredited since Iraq in the 1990s) to 'targeted' or 'smart' sanctions, directed at specific individuals or entities (through asset freezes and travel bans) or prohibiting particular activities (arms embargoes and export bans). Bringing together scholars, government and private practitioners, Economic Sanctions and International Law provides an overview of recent developments and an analysis of the problems that they have engendered. Chapters examine the contemporary practice of the various actors, and the legality (or otherwise) of their activities. Issues considered include the human rights of persons targeted, and the mechanisms established to challenge their listing; as well as, in cases of sanctions imposed by regional organisations and individual states, the rights of third States and their nationals. The book will be of interest to scholars and practitioners of international law and politics.