Suchergebnisse

Die Studie untersucht Gehalt und Anwendungsbereich des Grundsatzes der richterlichen Unabhängigkeit im Hinblick auf internationale Gerichte. Angesichts der zunehmenden Bedeutung von Gerichten auf der internationalen Ebene ermittelt der Autor zunächst die theoretische Verankerung des Grundsatzes im Völkerrecht und entwickelt eine Arbeitsdefinition der richterlichen Unabhängigkeit für das Völkerrecht. Auf der Grundlage einer umfangreichen Auswertung von Quellen zu den gegenwärtig wichtigsten internationalen Gerichten, arbeitet der Autor sodann sowohl einen Kerngehalt richterlicher Unabhängigkeit als auch gerichtsbarkeitsspezifische Merkmale heraus.Die Studie füllt somit nicht nur eine Lücke in der wissenschaftlichen Aufarbeitung internationaler Gerichtsbarkeit sondern fungiert ebenfalls als wertvolle Orientierungshilfe bei der möglichen Errichtung zukünftiger internationaler Gerichte

This monograph traces the intellectual history of the international legal personality of individuals. It demonstrates how many international lawyers still rely on the idea that states are the only subjects of international law, whereas practice shows that the question of the international legal rights and duties of any entity is strictly empirical.

Policy making can be understood better with a comparative analysis of alternative policy-making models. Examined are 4 alternative budgeting models & their effect on expenditures for 5 international organizations. The budgeting models are the increment model, the share-of-the-pie model, the action-reaction model (used primarily in defense budgeting), & the environmental forces model (used in comparative studies of state politics in America). These models were compared with a combined model containing all the independent variables. By using the regular budget at the assembly step & the regular budget expenditure from the US, the World Health Organization, the International Labor Organization, the UN Educational, Scientific & Cultural Organization, & the Food & Agriculture Organization, important results were noted. (1) Each model is provided with good support in the data. (2) There is only a slight difference between the incremental, share-of-the-pie, & action-reaction models, & a small difference between these & the environmental forces model. (3) The budgeting models contain complementary information. 2 Tables. A. Fagot.

Cover -- Half Title -- Title Page -- Copyright Page -- Contents -- Introduction to the Transaction Edition -- Preface to the American Edition -- Introduction: The Conceptual Levels of Comprehension -- Part One. Theory: Concepts and Systems -- Chapter I: Strategy and Diplomacy, or On the Unity of Foreign Policy -- Chapter II: Power and Force, or On the Means of Foreign Policy -- Chapter III. Power, Glory and Idea, or On the Goals of Foreign Policy -- Chapter IV: On International Systems -- Chapter V: On Multipolar Systems and Bipolar Systems -- Chapter VI: Dialectics of Peace and War -- Part Two. Sociology: Determinants and Constants -- Introduction -- Chapter VII: On Space -- Chapter VIII: On Number -- Chapter IX: On Resources -- Chapter X: Nations and Regimes -- Chapter XI: In Search of a Pattern of Change -- Chapter XII: The Roots of War as an Institution -- Part Three. History: The Global System in the Thermonuclear Age -- Introduction -- Chapter XIII: Le monde fini or The Heterogeneity of the Global System -- Chapter XIV: On the Strategy of Deterrence -- Chapter XV: Les grands Freres, or Diplomacy within the Blocs -- Chapter XVI: Stalemate in Europe, or Diplomacy between the Blocs -- Chapter XVII: Persuasion and Subversion, or The Blocs and the Non-Aligned Nations -- Chapter XVIII: The Enemy Partners -- Part Four. Praxeology: The Antinomies of Diplomatic-Strategic Conduct -- Introduction -- Chapter XIX: In Search of a Morality: I: Idealism and Realism -- Chapter XX: In Search of a Morality: II: Convictiono and Responsibility -- Chapter XXI: In Search of a Strategy: I: To Arm or Disarm? -- Chapter XXII: In Search of a Strategy II: To Survive Is to Conquer -- Chapter XXIII: Beyond Power Politics: I: Peace through Law -- Chapter XXIV: Beyond Power Politics: II: Peace through Empire -- Final Note. Rational Strategy and Reasonable Policy

It is my great pleasure to be with you today in this Annual Meeting of the American Society of International Law under the theme "International Law as an Instrument."

The nexus between justice and peace has grown stronger in recent years. Prompted by the experiences in Argentina, the Western Balkans, Rwanda and South Africa, discussions have focused on the necessity of holding accountable those responsible for committing atrocities and grave crimes during armed conflicts to enable a more sustainable peace-building process. In 2003, several significant developments in formal institution building occurred in the sphere of post-conflict justice. The International Criminal Court (ICC), established in July 2002, has moved from a paper court to a fully functioning one. All of the court's key staff -- the judges, the Chief Prosecutor and the Deputy Prosecutor -- were elected and, by the end of the year, they had identified the situations in the Ituri region of the Democratic Republic of the Congo and Uganda as the first two cases the court would hear. However, the progress of the ICC has been beset by continued opposition, particularly from the United States, which has maintained its policy of pursuing Bilateral Immunity Agreements with states parties to the Rome Statute and non-states parties alike, and implemented the American Service Members' Protection Act. The Rome Statute can be seen to have established a system of international criminal law rather than simply a court. Several states have already begun to incorporate laws against crimes within the ICC's jurisdiction into domestic law. This will further embed the concept of non-impunity. The creation of treaty-based 'hybrid' courts or second-generation courts -- part international and part national -- such as the Special Court for Sierra Leone and the Extraordinary Chambers for Cambodia were important developments in 2003. They underline the international community's acknowledgement that a partnership with domestic actors from the outset is essential to the peace-building process. However, the existence of the hybrid courts and the domestic Iraqi Special Tribunal brought to the fore the question of burden-sharing in the delivery of justice after conflict. The cases of Iraq and, to a lesser extent, Afghanistan illustrate that the international community is still divided as to which of the current models in place is the most appropriate. These examples also raise the question of who decides which model to apply where, and why. Immediately after the US-led intervention in Iraq in 2003, members of the international community acknowledged that the atrocities committed during Saddam Hussein's regime should be dealt with, but could not agree on a suitable mechanism for legal redress. Various models were considered, ranging from a military tribunal to a hybrid court. In the end, a domestic tribunal with little international participation was chosen-largely because the main occupying power has an aversion to international courts. The establishment of the Iraqi Special Tribunal could arguably be seen as a reversion to a system based on victors' justice, which the international community has previously been anxious to move away from. The financial viability of post-conflict justice is still to be addressed. The international community, particularly a select group of states, has spent over $1 billion on international courts. With so many international courts now in place the question of the financial sustainability of maintaining them arises. Nor is further devolution to the local level a solution because, as in the case of Bosnia and Herzegovina, the costs still fall to the international community. The debate about striking the delicate balance between resource constraints and symbolic justice that ensures optimum and appropriate levels of punishment is one that will continue for some time. Adapted from the source document.

Identifies a number of challenges the social sciences will have to face in order to play a broader role in formulating international migration policies. This new role is subject to two major processes: globalisation and the universal acceptance of human rights. Both processes affect policy options, albeit from different perspectives. Recent research findings have confirmed that there is no direct link between poverty and South-North migration, despite the fact that many policy recommendations are based on this premise. Suggests that the contradiction between policy recommendations and research findings is due to the weight of economic theory in migration policy. (Original abstract - amended)