The Duty to Appear before the International Court of Justice
In: International & comparative law quarterly: ICLQ, Band 37, Heft 3, S. 674
ISSN: 0020-5893
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In: International & comparative law quarterly: ICLQ, Band 37, Heft 3, S. 674
ISSN: 0020-5893
In: International journal for educational and vocational guidance, Band 7, Heft 2, S. 81-96
ISSN: 1573-1782
In: Development and peace: a semi-annual journal devoted to economic political and social aspects of development and international relations, Band 7, Heft 2, S. 5-21
ISSN: 0209-5602
World Affairs Online
In: Pennsylvania studies in human rights
How do states violate human rights norms after legalization? Why are these violations so persistent? What are the limits of legalization for protecting human rights norms? Conventional wisdom offers a variety of answers to these questions, but most often they conflate laws and norms and focus only on state actions that violate both. While this focus is undoubtedly valuable, it does not capture cases in which states violate human rights norms without technically violating the law. Norm breakers are not necessarily lawbreakers. Focusing exclusively on norm violations that are illegal obscures the possibility that agents could violate norms in a legal manner, engaging in actions that are awful but lawful. Presenting rich case studies of the French expulsion of Roma immigrants from 2007 to 2017 and the Czech segregation of Roma children in schools for those with mild mental disabilities between 1993 and 2017, Evading International Norms argues that the violation of human rights norms often continues after legalization under the cover of technical legality. While laws and norms overlap, interact, and shape each other in many ways, they tend to reflect each other only selectively, which leads to the existence of norm-law gaps. Taking advantage of such gaps, states resist unwanted human rights obligations by transgressing international human rights norms without violating the laws designed to protect them - a process Zoltán I. Búzás names norm evasion. Based on a wealth of evidence, including more than 160 interviews, the book shows that the treatment of the Roma by France and the Czech Republic violated the norm of racial equality in a technically legal fashion. Búzás cautions that the good news about law compliance is not necessarily good news about norm compliance and draws attention to racial discrimination against the Roma, one of the largest and most marginalized European minorities.
World Affairs Online
In: Studien zum deutschen und internationalen Familien- und Erbrecht Band 31
In: International courts and tribunals series
In: Oxford scholarship online
Lack of diversity within the judiciary has been identified as a legitimacy concern in domestic settings, and the last few years have seen increasing attention to this question at the international level. This book analyses the implications of identity and diversity across numerous international adjudicatory bodies.
1. Introduction -- Part I. Pre-Charter customary law on self-defence: 2. Self-defence in ancient and medieval natural law -- 3. Self-defence as a measure short of war -- 4. Self-defence as an exception to the prohibition of war -- 5. The right of self-defence and the drafting of the UN Charter -- 6. The temporal dimension of self-defence at the time of the Charter -- Part II. Post-Charter customary law on self-defence: 7. The right of self-defence in the judgments of the Nuremberg and Tokyo Tribunals -- 8. Self-defence in state-to-state conflicts -- 9. Self-defence and weapons of mass destruction -- 10. Self-defence against non-state actors -- 11. The interpretation of self-defence and the United Nations -- 12. The temporal dimension of post-Charter self-defence -- Part III. Anticipatory action in self-defence and international customary law: 13. The legality of anticipatory action in self-defence -- 14. The limits of anticipatory action in self-defence
In: Millennium: journal of international studies, Band 44, Heft 3, S. 478-498
ISSN: 1477-9021
The concept of the Anthropocene – the geological epoch defined by human action – has so far remained largely absent from International Relations (IR) analyses. This is perplexing given the monumental stakes involved in dealing with planetary change and the discipline's overriding focus on crisis. This silence may exist, however, because contemporary studies of international relations are troubled by the Anthropocene, which shifts basic assumptions about how humans live in the midst of perpetual danger, harm, and risk. It also presents us with the prospect of failure in existential terms, if indeed we are living in (and causing) 'the sixth mass extinction'. The focus of this article, therefore, is threefold. First, to consider the challenges to environmental IR that the Anthropocene concept presents; second, to probe what it means for IR to respond to the end of nature; and third, what is required of IR to deal with the prospect of mass extinction. It is argued that Earth system changes wrought by human action require the discipline to demystify its own ontological, epistemological, and ethical approaches that are culpable in ushering in the Anthropocene. Doing so may allow IR to provide necessary insight into the contemporary and historical effects of the state system as an enabler of planetary change, and the future possibilities for global politics within the Anthropocene.
In: International labour and employment compliance handbook 1
In: Die Friedens-Warte: Journal of International Peace and Organization, Band 83, Heft 4, S. 59-72
ISSN: 0340-0255
Since the time during World War I when the idea to use criminal law as a sanction for the violation of fundamental norms came up, a controversy has been going on about who should prosecute the perpetrators. With the establishment of international tribunals in the early 1990s, the question of concurrent jurisdiction arose in the relation between such tribunals and the country of the perpetrator, and in that between the international court and the courts of any other country having jurisdiction. Therefore, the article examines the principle of complementarity. As a central piece of the compromise which facilitated the adoption of the Rome Statute, it provides a differentiated solution of the problem of concurrent jurisdiction: On the one hand, it strikes a balance between the interest of the international community to have violations of its fundamental values prosecuted, and the sovereignty interest of States not to become the object of intrusive interventions by that community. On the other, it makes it difficult for a State to get way with inaction. Adapted from the source document.
In: The Canadian yearbook of international law: Annuaire canadien de droit international, Band 5, S. 229-240
ISSN: 1925-0169
The increase in private international investment since the Second World War has given rise to a substantial number of disputes, often of a most complex nature. A private investor in a foreign land might be subject to certain governmental activities which tend to undermine his investment and provoke a subsequent legal claim. Expropriation and nationalization, currency and exchange restrictions, discriminatory taxation, export and import quotas, and political and economic harassment are types of governmental activity that have given rise to disputes in the past. Governments have traditionally defended many such activities as necessary measures to curb excessive resource exploitation and to deter the promotion of foreign investment schemes inconsistent with national interests.
In: Social science quarterly, Band 58, Heft 1, S. 111-120
ISSN: 0038-4941
It has been asserted that little relationship exists between national attributes, foreign conflict, & cooperation behavior. If the assertion were true, attribute theory would be of minor consequence & deliberate attribute manipulation would be a waste of time as a means of controlling international conflict & cooperation. To explore the assertion in attribute theory terms, A-space (144 variable base) & conflict & cooperation vectors (WEIS data) were generated & correlated. The assertion can be challenged in the sense that several A-space dimensions predict conflict &/or cooperation & the overall results are improbable, assuming a random model. Speculations were then generated, assuming causal linkages, as to possible policy prescriptions. One set was based on an absolute level & the other on a relative position model. For example, employing the absolute level model, reductions in a state's Power Base level should (hypothetically) result in reduced conflict exportations. Given such policy prescription possibilities, additional investigations appear both rational & needed. Through this kind of research, deliberate attribute manipulation, which may be a large component of a state's foreign behavior, may be given theoretical guidance as to the likely impact of such manipulation on conflict & cooperation in the international relations system. 1 Table. AA.
China has a large and expansive network of actors working on Sustainable Development Goals (SDG) activities. This report maps the foremost key Chinese actors and institutions with an orientation towards international activities. ; publishedVersion
BASE
In: Global constitutionalism: human rights, democracy and the rule of law, Band 13, Heft 1, S. 1-12
ISSN: 2045-3825
AbstractPrivate actors and institutions, and by extension private law itself, are increasingly being forced to reckon with a multiplicity of challenges that extend beyond the domain of private law as it is traditionally conceived. They reflect threats to the global constitutional order and liberal constitutionalism, and threats to individual and collective fundamental rights and constitutional values. As a result, the role of private law in framing and facilitating the development of the global economy and globalization often does not fall within the direct purview of public international lawyers. This editorial aims to examine the role of private law in the litigation and enforcement of public interests against the background of the public/private divide. This is done in light of the increasing role adopted by private actors, including corporations, beyond the private realm.
In: Aethiopica: international journal of Ethiopian and Eritrean studies, Band 5, S. 181-203
ISSN: 2194-4024
Register of International Scholars.