Suchergebnisse

Argues that the currently debated options of a future European foreign policy toward the US -- either providing an anti-hegemonic alternative (balancing) or being Washington's junior partner (bandwagoning) -- lack both theoretical foundation & practical feasibility. Instead, in order to be acknowledged as a major player in world politics, the EU should adopt a strategy that -- in accordance with the principal-agent model -- promotes Europe's "speaking with one voice," based on the ongoing agreement of the principals on the EU's role as a civilian power. However, the Draft Treaty establishing a Constitution for Europe, which has recently been presented by the European Convention, falls significantly short of the institutional reforms necessary to pursue such a strategy. Adapted from the source document.

The US-British attack on Iraq was contrary to international law: self-defense could not be invoked, & the Security Council had not authorized the invasion either. The operation has brought into jeopardy the principle of sovereign equality of States. Notwithstanding their violation of a central rule of international law, the occupation forces are obligated to ensure law & order in Iraq. It appears necessary to improve the workings of the Security Council, basing such a reform on the concept of institutional responsibility of all its members, as well as of all other conventional mechanisms for the maintenance of international peace & security. The US, too, will reach its legitimate political objectives much more effectively within the framework of cooperative mechanisms. Adapted from the source document.

The decision of the International Court of Justice in the case of a Belgian warrant of arrest against a former Congolese foreign minister concerned two important aspects of modern trends of criminal responsibility of high-ranking state officials. The Hague judges did not discuss the issue of universal jurisdiction, as the Congo withdrew her claims in this field, but instead concentrated on the immunity of the former foreign minister. The Court decided to grant absolute immunity. The present paper seeks to investigate the majority judgment as well as individual opinions by some of the judges. The author is very critical in respect to the judgment expressing the view that the decision is extremely traditional because it does not take into account current trends in state practice & international law doctrine, including obligations erga omnes. In particular, the scope of immunity granted to a former minister exceeds the needs of this post, especially when taking into account the gravity of the imputed crimes. Adapted from the source document.