Suchergebnisse

The Special Court for Sierra Leone (SCSL) is located in a fortified compound in central Freetown. Inside its militarised space a project of global significance is unfolding. Together with the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda, and the International Criminal Court, the SCSL is an experiment in bringing the rule of international law and governance to regions recently destabilised by war and conflict.

ABSTRACT
Refusal of abject commodification undergirds contemporary international law definitions of slavery and their growing linkage to international economic agreements through injunctions against the use of forced labor. Yet there are screaming silences in ongoing attempts to grapple with the prevalence and significance of contemporary slavery in the global economy. This contribution to the special issue on racial capitalism in international economic law calls for a reckoning with the past in the international law on contemporary slavery. By foregrounding resistances to erasure, and squarely addressing the significance of race to the perpetuation of slavery, this article seeks to harness their promise for a reconstruction of a contemporary law of slavery that understands racialization as offering an essential social justice challenge to the decommodification of labor.

Abstract
The use of social network analysis (SNA) during the War on Terror has been a topic of significant political and academic discourse. SNA is an empirical method that graphically and mathematically represents interactions or relationships between nodes (eg, individuals, organizations) and the ties that connect them. The nature and degree of interdependence among nodes are believed to provide insights into the relationships and behaviour of members within a social network. The scarcity of precise and comprehensive data on the structure, functioning, and activities of terrorist groups has prompted some states to incorporate SNA into their intelligence efforts and rely on its data for counterterrorism activities, including lethal operations. However, the compatibility of SNA with international law remains underexplored. In this article, we adopt a legal-empirical approach to elucidate SNA in accessible terms and examine the challenges it presents for international law. We contend that SNA is fundamentally incompatible with international humanitarian law (IHL) targeting rules, as the data it provides do not pertain to legally relevant criteria. Nevertheless, SNA offers valuable insights for IHL by illuminating intra-group dynamics to facilitate conflict classification, identifying legally relevant characteristics in armed groups' internal networks, and determining the strength of relations between armed factions. Our findings underscore the importance of a nuanced understanding of SNA's applications and limitations in the context of international law.

The Center for Oceans Law and Policy, University of Virginia School of Law, annually hosts a conference on a topical subject of interest to the global law of the sea community. The twenty-fifth meeting of the Center was co-sponsored by the International Tribunal for the Law of the Sea (ITLOS), and held in March 2001, at its Hamburg headquarters. The conference theme, Current Marine Environmental Issues and the International Tribunal for the Law of the Sea, featured two days of presentations from many of the world's foremost experts. The published conference proceedings include papers by Satya N. Nandan, Secretary-General, International Seabed Authority; P. Chandrasekhara Rao, President, ITLOS; most of the ITLOS judges; and a number of private practitioners concerned with the marine environment. Topics discussed focused on the past, present, and future dispute settlement activities of ITLOS and the regulatory consequences in Europe as a result of the Erika oil spill on 12 December, 1999. Current Marine Environmental Issues and the International Tribunal for the Law of the Sea is a significant collection of authoritative commentary, compiled through the cooperation of an academic institution and an international organization specifically dedicated to peaceful settlement of disputes in the world's oceans

AbstractOn September 6, 1999, the Israeli Supreme Court, sitting as the High Court of Justice, handed down its latest judgement on the question of the use of 'moderate physical pressure'. The lack of substantial references to international law in the Court's reasoning was notable. The present article examines the possible reasons for the reluctance to introduce international law and goes on to analyse the effects of this reluctance. The analysis finds that the reasons for leaving international human rights norms out are less than compelling and that keeping the necessity defence for interrogators using force against detainees leaves a substantial risk of abuse.The article goes on to place the judgement in the larger context of Israeli human rights practices. By applying the so-called 'spiral model', developed within international relations theory, it is possible to examine linkages between international norms and domestic change. The model allows for an evaluation of what progress has been achieved so far and for suggestions as to which measures are still needed. It is found that the judgement reasonably can be interpreted as a tactical concession and that further progress in efforts to eradicate the use of force against detainees is dependent upon a change in the attitude of the Israeli public. Future efforts should thus be aimed at influencing Israeli public opinion to ensure that torture is eliminated from Israeli interrogation practices.

The implementation of business-to-business services in international markets requires careful design and planning. The book introduces a tailorable method for the internationalization of services. Each component of the method addresses a typical challenge of the international implementation of services, such as the design and modularization of services for international markets, the choice of locations for service operations, and the transfer of services to new locations. Case studies in IT services, facility management services, and information services illustrate the practical application of the method. In-depth chapters discuss theoretical foundations of the method and insights of related research fields

AbstractAs emerging powers rise and established powers decline, international institutions come under pressure to adjust to new power realities. When and how do international institutions adapt to underlying global power shifts? We propose an (institutionalist) theory of strategic co-optation that differs from both (realist) accommodationist and (liberal) integrationist theories. Drawing on isolated treatments of strategic co-optation from other domains – domestic and international, autocratic and democratic, past and present – we develop a theory of strategic co-optation as a mode of institutional adaption to shifts in the global distribution of power. The theory specifies the concept, the conditions and the (unintended) consequences of strategic co-optation. We conceptualize co-optation as a specific form of adaptation where established powers trade institutional privileges for emerging powers' institutional support. We theorize the conditions under which emerging and established powers are (more or less) likely to strike a co-optation deal. In addition, we identify endogenous dynamics that may render co-optation precarious and thus subject to instabilities. While the ambition of this paper is primarily theoretical, we provide various empirical illustrations of how strategic co-optation is used to adapt international institutions to contemporary shifts in the global distribution of power.

The privatization of states -- Extremes of privatization -- Companies for privatized activities -- Control over territory -- Company ownership and control -- Tracking control and influence over companies -- The state and its business abroad -- A divergence of interests -- Companies in defiance of states -- "Imperfect privatizations" and territorial control -- Defending against hostile companies -- Challenges to states' defensive measures -- Challenges for international law