Suchergebnisse

The effectiveness of arms control & disarmament agreements depends on the extent to which their provisions are indeed complied with. Formal, procedural, & institutional elements thus play a prominent role in recent agreements, in particular, multilateral treaties (Chemical Weapons Convention, Comprehensive Test Ban Treaty). Although traditional means of enforcement -- eg, termination, suspension, & sanctions -- have not completely disappeared, cooperative procedures have become more important. These new mechanisms are intended to provide positive incentives. Parties shall be convinced that their security interests are better served if they abide by the terms of the respective treaty. Such positive incentives include security guarantees, provisions for assistance & protection, obligations to cooperate, & institutionalized supervisory procedures, which rely on confidence building, transparency & fact finding. Adapted from the source document.

Argentina's experience in coming to terms with the past has been exceptional & at the same time paradigmatic for Latin America & beyond: exceptional because of the conditions of the country's transition to democracy & its limited earlier experiences with democracy, but paradigmatic in the sense that Argentina, as the first new democracy in Latin America, had to find its own way of coming to terms with the past with no role models available. Three conditions turned out to be especially important: (a) the secret & open political pacts between the military & the new government, (b) the balance of power within the military between liberal & orthodox forces, & (c) the ability of the new government to move forward without provoking a permanent conflict between civil society & the military. Adapted from the source document.

Due to many factors (UN world conferences, their action platforms, the general recommendations formulated by the experts regarding the articles of the convention, etc), the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) is now recognized as the most important human rights instrument for women. National & international women's organizations have contributed to a worldwide understanding of the specific forms of discrimination women suffer from. State parties reports as well as scholarly investigations demonstrate that in many countries, the convention is effectively implemented by the legislation, court decisions, policies, & other measures. However, several factors reduce the effectiveness of the convention: universal ratification has not yet been achieved; too many state parties have made reservations; some state parties do not report at all or many of them belatedly; the optional protocol procedures will be available only to women in those countries that ratify the protocol or accede to it. Adapted from the source document.

Since the end of the East-West conflict, the trend toward state collapse in Africa has become stronger, notwithstanding a parallel but weaker trend toward democratization. In many countries, a transformation of the "inherited" colonial structures into a viable institution for development & nation-building has not been achieved. A differentiation of society into a relatively autonomous state sector & a private society of trade & commerce functioning according to market principles did not take place. Often it was blocked by a bureaucratic "state-class" with a strong rental mentality. In this respect, an increased informality of politics (politicized ethnicity, clientelism, corruption) & the economy (great importance of the informal sector) is typical. The ruinous consequences of the erosion of state functions can mainly be seen in countries suffering from civil wars (Congo, Somalia, Sierra Leone, Rwanda, Angola). In most cases, "civil society" has proved to be too weak to stop such state collapse. These problems also make the question of sovereignty appear in a new light. Adapted from the source document.

After a civil war of several years between the Communist Party of China (KPCh) & the Chinese National Party (GMD), victorious Mao Zedong promulgated on 1 Oct 1949 the Communist People's Republic of China on the mainland. His opponent Jiang Jieshi (Chiang Kai-shek), having withdrawn with his followers to the island of Taiwan, instituted there the Republic of China. Although both governments insisted on a reunification of China, a certain status quo between the two entities has existed since the mid-1950s. Whereas since the early 1990s, the GMD government has promoted a Chinese twin-state solution similar to the model of Germany in the time between 1949 & 1989, the KPCh government is still threatening to use force if Taiwan declares its independence. In spite of that latent danger of a military escalation of the conflict, a continuance of the status quo can be expected. Adapted from the source document.

The current NATO intervention in Kosovo has no basis in the UN Charter & presents a difficult challenge for international law, placing the principles of territorial sovereignty & human rights & humanitarian intervention at odds. Humanitarian intervention has a long history in Europe & has achieved a status that was never before acknowledged, requiring concrete consequences for violations. Although humanitarian intervention must not become a routine occurrence & requires strict adherence to rules of engagement as well as thoughtful consideration about the appropriate means & strategy, it cannot be considered illegal. For NATO & other participants, the aim of the intervention must be kept in the foreground, & such intervention should never be utilized to achieve political aims. L. Kehl

The UN Security Council has fulfilled its "primary responsibility for the maintenance of international peace & security" only insofar as a third world war has not occurred. International armed conflicts & civil wars have been the order of the day. In analyzing the reasons of the lack of success of the Security Council, the author reviews its composition & procedures; he also looks at such questions as Germany's role in the Council, the veto privileges of the Permanent Members, & the endeavors for a reform of the Council. He finishes by pointing to the present crisis of the Security Council &, in that context, the ongoing Kosovo conflict. Adapted from the source document.

Since the beginning of the 1990s, international refugee aid in Africa has been facing new challenges: On the one hand, the end of the Cold War between East & West created favorable conditions to terminate many long-term wars in Africa. For the first time, voluntary repatriation of refugees became a viable option. On the other hand, the destruction of state authority in several states sparked off new wars & refugee movements. Until now, international refugee aid has been merely emergency aid. These new & contradictory developments overstretch the capacities of international refugee aid. Most African refugees, therefore, cannot rely on external protection & assistance but must develop their own survival strategies. Adapted from the source document.

One of the hot spots in Eastern Asia most prone to escalation is the South China Sea, where six states compete for sovereignty over several island groups. Although all claimants have expressed a desire to settle the dispute peacefully & in accordance with international law, none is willing to compromise on its territorial claims. While confidence building & searching for avenues of international cooperation are pursued in the different fora of multilateral conflict management, in the state-centered East Asian region, it is still in bilateral negotiations that the complex problems must be tackled. 3 Figures. Adapted from the source document.

The NATO air strikes to end ethnic cleansing in Kosovo have renewed the ongoing controversy regarding the application of force. Yugoslavia & Russia take the position that such action violates the UN Charter's ban on aggressive use of force & is illegal. While most articles focus on the legality or illegality of humanitarian intervention, this issue has been raised to the level of the International Court in The Hague & requires a systematic approach. Arguments against the Yugoslavian & Russian stance could be based on the concept that according to the proportionality principle, threatened & applied force is not against UN principle, but rather, furthers the aims of the UN in such extreme cases of ethnic cleansing & takes precedence over territorial sovereignty. Should such a stance be discounted, the intervention can still be justified on the basis that Yugoslavia initiated the aggression, though against its own people, the intervention was an emergency measure, or that reprisal was required for such a severe violation of international law. L. Kehl

The one hundredth anniversary of Die Friedens-Warte is a suitable occasion for looking back on the work of international legal scholars Walther Schucking & Hans Wehberg, two former publishers of Die Friedens-Warte, who considerably influenced the development of the journal. The author follows the biography of both scholars from the early days of their academic careers. He describes their commitment to pacifism, their experiences during WWI, the time they both spent in postwar Berlin, the reputation they enjoyed abroad in the period between the two wars, their opposition to the Nazi regime, & their influence in international law after 1945. More than any of their German colleagues, Schucking & Wehberg represent an unshakeable belief that world peace can be secured only by means of law. Adapted from the source document.

With the insertion of article 2(4) into the Charter of the United Nations, a comprehensive prohibition of the use of force has been created. According to a widely accepted opinion, article 2(4) allows for only two exceptions from the prohibition of the use of force: the exercise of the right to self-defense, & the use of force under Chapter VII of the Charter. Confronted with an increasing number of internal conflicts in which massive & systematic violations of human rights occur, the Security Council, by way of a liberal interpretation of the term "threat to peace" as used in article 39, has authorized collective humanitarian intervention. In view of the repeated inability of the Council to act, on the one hand, & the necessity to stop domestic gross violations of human rights, the author advances a collective right to humanitarian intervention in cases of emergency that may be exercised by regional organizations without having been authorized by the Security Council, provided that certain conditions are met. 9 References. Adapted from the source document.

More than two months after the initiation of air strikes against Yugoslavia, it remains unclear how the Kosovo conflict will develop, in part due to the lack of consistently formulated & achievable goals. This article seeks to identify mistakes in NATO's conduct during the war & discuss the central options for ending the conflict. The assumptions under which diplomatic & military intervention occurred are illuminated, & the basic options of submission or agreement for resolving the conflict are explored, as well as the possibility that NATO intervention will fail without achieving any of its aims. Thus far, it is clear that the low-risk air strikes have not been successful in gaining concessions, although there is no move toward the more costly option of invasion, & the moral & diplomatic situation does not lend itself to agreement. NATO will need to make a choice for an end-game scenario that likely will not generate a lasting peace, nor strengthen NATO's position. L. Kehl

"Seit 1949 ist das Bemühen um 'reconciliation' ein zentraler Bestandteil der Außenpolitik der Bundesrepublik Deutschland. Unter allen Regierungen wurde sowohl den moralischen als auch den materiellen Aspekten der 'reconciliation' - in Deutschland als 'Versöhnung' oder 'Aussöhnung' bezeichnet - Aufmerksamkeit gewidmet. Der Beitrag befaßt sich zunächst mit den konzeptuellen Fragen und entwickelt dann eine Synthese aus zwei Hauptströmungen in der Literatur: der 'Vergebungs-Schule' und der 'Annäherungs-Schule'. Das Ergebnis dieser Synthese wird auf vier Fallbeispiele von 'reconciliation' angewandt: die Beziehungen der Bundesrepublik zu Frankreich, Israel, Polen und der Tschechischen Republik." (Autorenreferat)