Suchergebnisse

Cover -- Title Page -- Acknowledgements -- Contents -- Introduction -- 1. A Framework for Analysing General Principles -- I. Introduction: A Tetrahedral Framework -- II. Jurisprudential Legitimacy: A Brief Consideration of Positivism and Natural Law -- III. Function: A Binding Source of International Law? -- A. 'Hard' and 'Soft' Rhetoric: Consent and Voluntarism -- i. Treaties -- ii. Customary International Law -- iii. General Principles -- IV. Type -- A. Principles and Rules -- B. Content of General Principles -- V. Methodology -- A. Domestic/International Forum -- B. Comparativism/Categoricism -- C. Judicial Discretion -- i. Discretion and Gaps in International Law -- D. Appropriateness -- VI. Conclusion -- 2. History of Article 38(1)(c) -- I. Introduction -- II. Development Pre-World War I -- A. Arbitral Procedure Regulations 1875 -- B. Permanent Court of Arbitration: 1899 and 1907 -- C. Court of Arbitral Justice: 1907 -- D. International Prize Court: 1907 -- i. General Principles of Justice and Equity -- ii. The Prize Court's Failure: A Bold Solution Goes Too Far -- E. Development 1910-14 -- III. Development Post-World War I -- A. The Draft Schemes -- i. Draft Scheme of Denmark, Norway and Sweden: 1918 -- ii. Swiss Avant-projet: 1918-19 -- iii. Five Powers Plan -- iv. Proposals of the German Government: 1919 -- v. Draft Prepared by Clovis Bevilaqua -- vi. Memorandum, Permanent Secretariat -- B. Discretion and General Principles -- IV. Article 38(1)(c) and the PCIJ -- A. Advisory Committee of Jurists -- i. 13th Meeting of the Committee -- ii. 14th Meeting -- iii. 15th Meeting -- B. Passage through the League of Nations -- V. Conclusion: Applying the Tetrahedral Framework -- A. Jurisprudential Legitimacy -- B. Function -- C. Methodology -- i. The Role of Judicial Discretion.

This article argues that the concept of entrepreneurial state is useful for analyzing Mexican foreign policy during recent decades. It argues that Mexico has behaved as an entrepreneurial state, following a limited foreign policy agenda to address national priorities, with important restrictions in terms of resources and agency, but seeking to obtain international recognition as a relevant global player that has influence on world affairs. This entrepreneurial behaviour is analyzed in Mexico's participation in international organizations (UN) and negotiations (climate change), mini-lateral mechanisms (MIKTA), and regional affairs (Central and Latin America). These cases show that, due to its limited capacities and agency, but its desire to become a relevant regional and global player to advance its national interest, Mexico has created coalitions with like-minded countries, pursued limited but domestically relevant global objectives, and invested its scarce foreign policy resources in an entrepreneurial manner.

Introduction 1-9. - Making and Keeping the Peace: Reflections on UN Experiences in the Middle East and Afghanistan 23. - Peacemaking under the United Nations Flag: Reflections on a Quarter Century of Mediations 37. - Lessons Learned from a Quarter Century of Peacemaking 53. - Crossroads of Crisis: Yarmouk, Syria, and the Predicament of the Palestinian Refugees 65. - The UN in the Middle East and the Arab Awakening 77. - Thirty Years after Camp David: A Memo to the Arab World, Israel, and the Quartet 99. - The Situation in the Middle East: A Vision for the Future 109. - Talking with Islamists: The Need for Mutual Dignity and Respect 119. - Supervising a Temporary Truce, Working for a Permanent Peace: UNTSO's Mission in the Middle East 135. - Beyond Mediation: Promoting Change and Resolving Conflict through Authentic National Dialogues 153. - Preventing and Resolving Deadly Conflict: What Have We Learned? 163. - The Public as Peacemaker: How Polling in Divided Societies Can Promote Negotiated Agreements 179. - Fostering Power-sharing and Governance in Pluralistic Societies: Lessons from Canada's Experience 189