In: International review of the Red Cross: humanitarian debate, law, policy, action, Band 2, Heft 16, S. 377-379
ISSN: 1607-5889
As former French African States began to achieve independence, so the International Committee gave its attention to interesting them in its humanitarian work. It was for this reason that Dr. Gloor, Vice-President, went to Yaoundé during the celebrations organized on the occasion of the proclamation of the independence of the Cameroon Republic, in 1960.
This is the first in-depth study of the first three ICC trials: an engaging, accessible text meant for specialists and students, for legal advocates and a wide range of professionals concerned with diverse cultures, human rights, and restorative justice. It introduces international justice and courtroom trials in practical terms, offering a balanced view on persistent tensions and controversies. Separate chapters analyze the working realities of central African armed conflicts, finding reasons for their surprising resistance to ICC legal formulas. The book dissects the Court's structural dynamics, which were designed to steer an elusive middle course between high moral ideals and hard political realities. Detailed chapters provide vivid accounts of courtroom encounters with four Congolese suspects. The mixed record of convictions, acquittals, dissents, and appeals, resulting from these trials, provides a map of distinct fault-lines within the ICC legal code, and suggests a rocky path ahead for the Court's next ventures.
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The aim of this short paper is to explore the concept of 'general' rules of customary international law (i.e., rules in principle binding upon all states, as contrasted with 'special' rules binding only on a few states, usually on a regional or local basis), and-the tension which exists between that concept and the consensual basis of customary international law. It will be suggested that it is possible to hold a view of international law which denies the general applicability of most rules of customary law and preserves its consensual character, while admitting that a few rales of truly general application do exist which, however, must derive their binding force from outside the framework of consensual law creation.
Thema des Essays ist die "gesellschaftliche Transformation des Politischen als im doppelten Sinn unumgängliches Projekt im Rahmen der neoliberalen Globalisierung" aus der Sicht kritischer Frauenorganisationen. Das liberale Konzept der "global governance" zur Regulierung gesellschaftlicher Krisenlagen, die sich im Zuge der Globalisierung verschärfen, wird diskutiert unter dem Aspekt der Umdeutung in einen emanzipatorischen Ansatz. Nach einer Darstellung der "miserablen" politischen Partzipationschancen von Frauen im Zuge der globalen Deregulierung wird die Internationale Frauenbewegung zwischen realpolitischer Kooperation und radikalpolitischer Konfrontation beschrieben: "Mit einer inhaltlich gestifteten Form der Vernetzung und Verknüpfung der verschiedensten emanzipatorischen Politiken auf lokaler, regionaler, nationaler und globaler Ebene wird die Beteiligung an liberaler global governance als ein möglicher Ausgangspunkt für frauenbefreiende Politik zumindest denkbar." (pra)
The dominant modern account of the social basis of international law has been the "society of states" model. In this view, to the extent that international law constructs an ordered social space (a claim which has been contested since Hobbes if not before), it is a social space in which states are the actors. This view has had a profound effect on international law. For example, the doctrine of state responsibility classically understands international harms to individuals within a framework of harm to a state's rights. Normatively, to the extent justice is considered an operational concept in international law, it is considered at the level of relations between states, as the "morality of states." International human rights law is widely credited with beginning the contemporary shift away from this model. This paper argues that contemporary globalization is completing this transformation, by both requiring, and permitting, the re-casting of international law away from a "society of states" model and towards a global society model. By effectively eliminating both time and space as factors in social interaction, globalization is changing the nature of global social relations, intensifying the dynamic of obsolescence affecting the society of states model and requiring a fundamental change in the social theory of international law towards a global society of persons. Through these changes, globalization necessitates the re-casting of international law into a global public law, and expands the domain of justice as a normative criterion for international legal doctrine.
Abstract James Crawford in his Hague general course on public international law discussed the problem of making international law by treaties under the Baxter paradox—"the more agreement, the less law". Crawford concluded that the Baxter paradox is not so much an insoluble paradox as a valid reflection on the distinct attributes of treaties and custom—something to be embraced and not avoided. The essay seeks to readdress the relationship between treaties and custom taking into account the Baxter paradox and its critical examination by Crawford. It is also discussed in light of the complex problem of exploitation of outer space natural resources. The author supports the idea of formal sources as the most workable method of analyzing rules and principles of international law in practice. The primary aim of the article is to consider whether treaties can be seen, as most scholars claim, the formal source of international law. The author argues that they are not of that nature, since they are not the self-sufficient source of general international law. The author is inspired by Gerald Fitzmaurice's views of the 1950s denying treaties the status of formal sources of international law, instead seeing them merely as sources of international legal obligations. According to the author, these views, although controversial and even outmoded under the contemporary opinions on the sources of international law, still deserve attention and careful consideration. Treaties can promote legal certainty with regard to legal obligations within the international community. Yet, as the author claims, in a decentralized legal order such as international law, it is not treaties but custom that still remains its primary formal source.
The recent changes in the international forwarding environment have witnessed the emergence of "new forms" of forwarders incorporating a broad spectrum of services under one roof. Such total logistics companies are becoming a critical third party in obtaining a competitive advantage in foreign markets. Hence, the evaluation and selection of an international freight forwarder is no longer a simple operational decision but a strategic one. Presents and explains an expert systems tool to assist decision makers in selecting the freight forwarder which fits their needs best. The system, called FREIGHT, brings together international marketing, logistics and artificial intelligence knowledge.
In the present article the author tried to analyze the processes underway in the world political arena, give his assessments concerning some new global challenges and threats in the post-COVID period. He made an attempt to give a brief review of the current role and place of Uzbekistan in the regional and international politics.
The International Ombudsman Yearbook is the only publication devoted to ombudsman issues. The public sector ombudsman is now found at all levels of government in many countries around the world, both in established and consolidating democracies. The ombudsman is an independent office, traditionally appointed by the legislative branch, to investigate poor administration of government. More recently, some ombudsman offices have been given human rights protection responsibilities. The International Ombudsman Yearbook contains articles written from legal or public administration perspectives which address issues of interest to the contemporary ombudsman and all persons with an interest in the institution. Compiled and edited by the International Ombudsman Institute, the organisation composed of over 130 ombudsman members located worldwide, the Yearbook will be of interest to lawyers, scholars, ombudsman office personnel, and government entities wherever ombudsman offices are located or contemplated. The International Ombudsman Institute is a non-profit organisation whose objects include promotion of the concept of ombudsmanship, encouragement and support of research in the ombudsman field, development of educational programmes associated with ombudsmanship conferences, and provision of a resource centre for storage and dissemination of information about the ombudsman institution
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