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Although international. law has figured prominently in many disputes around actions of the U.S. military, the precise relationship between international law and the President's war powers has gone largely unexplored. This Article seeks to clarify one important aspect of that relationship: the role of international law in determining the scope of Congress's general authorizations for the use of force. In the seminal case of Hamdi v. Rumsfeld, the plurality opinion used international law to interpret the authorization by Congress for the use of force, but did so without adequate attention to the content or interpretive function of international law. This Article identifies and defends a better approach: courts should presume that general authorizations for the use of force do not empower the President to violate international law. Such a presumption is consistent with long-standing tools of statutory interpretation reflected in the Charming Betsy canon, maximizes the presumed preferences of Congress, advances separation of powers values, and promotes normative values that favor the use of international law as an interpretive tool.

This book analyzes in four parts constitutional problems of foreign trade policy and foreign trade law in "constitutional democracies" which protect fundamental human rights and effective political equality through constitutional restraints on the exercise of all government powers.

"This book serves as an introductory volume to Yair Aharoni's remarkable impact on international business (IB) research. Most IB researchers will be familiar with at least one aspect of his work, but relatively few will be familiar with his broader body of work, as it spans so many of the issues addressed today in IB and strategy. This book aims to introduce readers to the depth and breadth of his impact. Unquestionably a founder of the IB field, over the course of his long career, Aharoni influenced its earliest development and, driven by a deep connection to policy and managerial practice, continually challenged conventional thinking on IB and strategy. He generated seminal insights into many aspects of why and how firms internationalize, including managerial decision-making processes, the strategies employed by state-owned enterprises, the interaction between firms and governments, and the foreign expansion of firms - including small- and medium-sized enterprises (SMEs) and those operating in the service sector - based in small and open economies. His research contributed to several salient research directions, including the behavioral theory of the firm, emerging-market multinationals, international entrepreneurship, the service economy, and non-market strategies. Aharoni was also an influential educator, having served as the founding dean of two top business schools in Israel. He was deeply engaged with the Israeli business environment - particularly senior executives of start-up companies - and a highly-valued advisor to the Israeli government. In honor of these contributions, Aharoni was the first management scholar in Israel, to be awarded the prestigious Israel Prize in 2010. Few scholars have had such meaningful impact on research, practice, and policy."

This is the first of four volumes to be published as part of this book series, on the life and work of Richard Ned Lebow. In a career spanning six decades, Richard Ned Lebow has made important contributions to the study of international relations, political and intellectual history, motivational and social psychology, philosophy of science, and classics. He has authored, coauthored or edited 30 books and almost 250 peer-reviewed articles. These four volumes are excerpts from this corpus. The first volume includes an intellectual autobiography, bibliography, and assessments of Lebow's contributions to diverse fields by respected authorities. It shows how a scholar's agenda evolves in response to world events and his efforts to grapple with them theoretically and substantively. It elaborates pathways for addressing these events and their consequences in an interdisciplinary manner, and offers new concepts and methods for doing so. Richard Lebow's research bridges international relations, psychology, history, classics, political theory and philosophy of science. He is author, coauthor, or editor of 34 books and almost 250 peer reviewed articles. Contributors to the book are: Simon Reich - Mervyn Frost - Janice Gross Stein - Stefano Guzzini - Markus Kornprobst - Harald Müller - Christian Wendt - Robert English.--

Efforts to curb the nuclear arms race; viewpoints from communist-bloc countries. Contribution of current negotiations to the immediate solution of the nuclear disarmament issue; opinions from Bulgaria, East Germany, Hungary, Poland, and the Soviet Union.

En contrepoint des modalités usuelles d'intervention des organisations internationales en faveur de la paix, une arène s'est développée autour des ambitions de peacebuilding et de « paix positive ». Les initiatives prises dans ce cadre contournent les élites des gouvernements pour susciter le dialogue et construire, à l'échelle locale, des liens entre les gens « ordinaires ». Confrontées à ce que les sciences sociales disent de la guerre et de la paix, ces pratiques paraissent chimériques. Comment expliquer alors leur diffusion depuis la fin de la guerre froide ? À rebours des hypothèses privilégiées par l'étude des relations internationales et à partir de l'étude d'une diversité d'organisations non gouvernementales appréhendées comme autant de maillons d'une chaîne d'intervention, nous montrons que cette arène n'est pas née d'un projet impérialiste ou d'un contre-projet militant. La proposition a priori naïve d'une paix positive tire sa force et sa capacité à structurer des interventions internationales, d'une part, des causes locales (principalement aux États-Unis) qu'elle transpose à l'échelle internationale, d'autre part, de la constitution « en miroir » de l'espace académique et des politiques internationales de paix. Ce sont ces projections, ces rencontres et ces interdépendances qui, d'une chimère, font une politique.

This article investigates the contribution of decolonising states to the nascent international order emerging after the end of World War II. More precisely, it investigates the Indian contribution to the emerging international human rights regime, focussing on two key contributions: the advocacy for a strong supranational authority endowed with substantial enforcement mechanisms for the realisation of human rights and the equally strong defence of a bifurcation of civil-political and socio-economic rights into two treaties. Both contributions have been largely ignored within International Relations – and where they have been acknowledged, they have been subsumed into either narratives of liberal progress (as in the case of human rights enforcement) or Cold War rivalry (as in the case of a separation of the two Human Rights Covenants). In contrast, this paper seeks to shed light on the agency of Indian diplomats and politicians. It shows how their positions were neither simply replications of pre-existing scripts nor bare executions of superpower preferences. Instead, they were responses to the challenges of becoming a post-colonial state in a still overwhelmingly imperial world. Two challenges stood out: the definition of citizenship in light of internal diversity and a widely dispersed diaspora and the challenge of development against the backdrop of highly unequal global economic relations. In this article, I trace the movement of key protagonists between the Constituent Assembly and the United Nations to show how they were engaged in a project of postcolonial worldmaking, which required the simultaneous transformation of domestic and international order.

Accounts of international criminal courts have tended to consist of reflections on abstract legal texts, on judgements and trial transcripts. Genocide Never Sleeps, based on ethnographic research at the International Criminal Tribunal for Rwanda (ICTR), provides an alternative account, describing a messy, flawed human process in which legal practitioners faced with novel challenges sought to reconfigure long-standing habits and opinions while maintaining a commitment to 'justice'. From the challenges of simultaneous translation to collaborating with colleagues from different legal traditions, legal practitioners were forced to scrutinise that which normally remains assumed in domestic law. By providing an account of this process, Genocide Never Sleeps not only provides a unique insight into the exceptional nature of the ad hoc, improvised ICTR and the day-to-day practice of international criminal justice, but also holds up for fresh inspection much that is naturalised and assumed in unexceptional, domestic legal processes.

To a layman in law, the on-going ICC cases and the politics around them is a sign of desperation when it concerns the process of criminal justice. Little do we know that every law must have its philosophy and principles that make it deal with the questions of justice in the real time. The challenges facing the International Criminal Court (ICC) today are ordinary and within the expectations of international lawyers, scholars and drafters of the Rome Statute. The creation of the ICC took the world a very long time due to its affinity with national and international politics, and diplomatic relations. At the same time the need to have an effective international criminal judicial system was due and the time to establish the Court was ripe enough. The reason is that many persons continue to lose their lives in what would be considered as abuse of human rights and fundamental freedoms of persons. Those who appreciate and glorify the work of the ICC also question the rationale behind the States that have not acceded to the Rome Statute, yet they commit crimes. At the same time some States feel oppressed and subjected to international criminal audit against their will. Such tensions and doubts are answered in the reflections highlighted in this article

Despite the high seriousness and obviously increasing importance of international politics in our time, something recognizable as a philosophy of the subject, in the view of some scholars, has not yet succeeded in emerging from the demise of "banal" positivism. This lamentable and barely explicable state of affairs has led several philosophically inclined scholars to urge the search for a philosophy of international relations. The form, scope and content of the proposed philosophy have received less attention; the philosophers in question have been content to limit their philosophical inquiry to a species of historical-philosophical archaeology consisting of, for example, the uncovering of Kant's conception of philosophical reason as it relates to international relations or, the recovery of "the just war for classical theory" or, the discovery tout court of a conception of "justice" for international relations. Without putting such indispensable efforts at risk or preempting the results of such scholarship, I see two obstacles to their success. First, there has been little or no comparable effort directed toward indicating, except in highly schematic form, what any such philosophy might consist in and, secondly, it is still unclear what relationship there could be between any such proposed philosophy and alternative conceptions of international relations such as empirical systems theory.

Nowadays banking and insurance have become more complex business and in purpose to limit or mitigate risks in banking and insurance sector, as well as to insure the soundness of financial institutions, supervisors used to employee various prudential approaches and rules. Since the supervisory resources are scarse and approach "one-size-fits-all" did not worked well, risk –based approach become more important. In recent article are analyzed international supervisory approaches for banks and insurance companies- BASEL III and SOLVENCY II, also existed prudential regulations in Georgia and compliance with international requirements. Article suggests that besides some obstacles it is nessesary for Georgian financial sector to expand and be more compliant with international standards, namely, financial institutions must have some capital buffers which could be used to cover losses during financial short come. Reforms should be done gradually and high attention must be paid to insurance sector.