Artykuł dotyczy relacji między granicami państwowymi i współczesnym zjawiskiem stawiania murów i ogrodzeń wzdłuż tych granic. W celu uniknięcia działań militarnych i terrorystycznych, nielegalnej imigracji, przemytu, zwłaszcza między krajami biednymi i bogatymi, zbudowano i nadal się buduje coraz więcej ogrodzeń. Badania przedstawiają kilka modeli wspartych badaniami przypadków takich relacji, tzn. ogrodzeń/murów tworzących granicę, jednostronnych ogrodzeń/murów wzdłuż istniejącej granicy, dwustronnych murów wzdłuż uznanych granic państwowych, murów wybudowanych wzdłuż części granicy międzynarodowej, tj. granicy częściowo ogrodzonej, murów miast oraz murów w rejonach spornych, nieposiadających oficjalnych granic państwowych. Z podsumowania artykułu wynika, że dopóki istnieją różnice pomiędzy krajami, ludzie będą z wielu powodów próbowali nielegalnie przekraczać granice, a ci, którzy próbują ich powstrzymać, będą budować coraz więcej ogrodzeń na całym świecie. ; This article deals with fences and walls built along international boundaries, especially by rich countries which try to prevent illegal entering. The article will present different types of fences, built for different needs. Case studies from all over the world will be presented in order to show that as long as there are so many differences between countries, people will try to cross the line and those who try to halt it, will continue to build fences along their boundaries.
Slavery is a historical antecedent, which affected all continents, sometimes simultaneously, sometimes successively; its genesis is the sum of all that happened during an intermediate period of history. Paradoxically, slavery and slave trade still exist today under various pseudonyms: servants, nannies, prostitutes, indentured servants, extremely low paid workers. The examination here is confined to the Atlantic Slave Trade and its implications to Africa and its people, both in Africa and in Diaspora. Various aspects and instruments of law, particularly, international and inter-temporal law were examined to justify or repudiate the demand for compensation vis-à-vis reparation. The Atlantic Slavery, which began in the year 1440 was first abolished in 1787 throughout British Empire and in 1833, the British parliament abolished slavery in its colonies. In 1838, the slaves were emancipated and by 1880, slavery had been abolished in southern United States and across the world an estimated figure of over 14 million blacks was forcibly transported to overseas countries. This figure does not include those who died before they arrived to their various destinations. The thesis that slavery and slave trade contributed to the development of capitalism because slave trade constituted an essential element in the early mercantilist stage of capitalist development and abolition, which was a reflex of the resulting industrialism and its free commercial policies may have adherence here and there. Apparently, the increased demand for slaves not only reallocated resources, but also produced externalities thought to impede long-time development in Africa. These impediments were constraints on the growth of African states, increase in ethnic and socio stratification and sustained a culture of political violence. The history of West Africa will be used as a model for the economic marginalisation and depopulation of Africa. While most scholars agree that the depopulation of Africa was a consequence of Atlantic Slave Trade and must have reduced the aggregate population between 1700 and 1850, nevertheless it is problematic to assess the causal impact of slave population growth and development. The regular slave raiding was a constraint to production, social life obscured the ethnic boundaries and the inability to distinguish insider from outsider as the people scattered to escape the risk of being caught. Between the 16th and 19th centuries more than 14 million slaves were produced in Africa and transported to overseas. Book one Chapter I addresses the term "Slavery" and its concepts in all its ramifications. The instruments of semantics, philology and biology e.t.c. were used to arrive at an acceptable definition of slavery. Chapter II have as its priority the examination of slavery as an ancient institution of all cultures and the subsequent break of this culture by the Europeans. Enough evidence were advanced to prove that almost every continent and country practiced one form or another of slavery and slave trade, but this seemingly established culture and norm were put to question by the Europeans. The practice of the Atlantic triangular slave trade and the colonial Plantation economy with the attendant exploitation of the slave workers were extensively discussed in this chapter. Chapter III have as its priority racism, cultural differences, and above all, economics as the motives for Atlantic slave trade vis-à-vis triangular slave trade. The roles and the works of intellectuals, movies, newspapers, and physical contacts with the Africans contributed to slavery and also to the Atlantic slave trade. Book Two Chapter IV dealt with the examination and analysis of the motives of Atlantic slavery and slave trade using the economic, social and political yardstick as the most compelling factors. Mathematical calculations and economic diagrams were used here to describe the demand and supply of slaves and its effect on African economies. In Book Two, the implications of Atlantic slave trade to Africa and its people in strictly economic and demographical terms were examined. Chapter V presented various definitions of natural law and present its prominent progenitors and contributors. The role of natural law in the examination of the atrocities of the Atlantic slave trade cannot be underestimated considering the fact that during this period, international law or positive law as we understand it today, had hardly existed therefore, the only appropriate yardstick open for the examination of the treatment and trade of the Africans appear to be the instrument of natural law vis-à-vis moral law. Chapter VI examined in detail the merits and demerits of the concept of "Pacta sunt servanda" as applied by the Europeans in trade with his African partners. The unfolding implications that resulted because of the failure of adherence to "Pacta sunt servanda" to the contracting persons, nations, villages also featured here prominently. It is on record that the European expansion over other parts of the world was undertaken by the acts of states and governments and later also private business partners participated in the slave trade. Therefore, the implication of this under international law was evaluated. Chapter VII combined the extent and influence of the Radbruch's Formula of Ratio Juris, its logicality and the nature of legal theory and Robert Alexy's conceptual analysis and the theory about the nature of law to determine the degree of morality and justice embodied in the slave laws enacted in the United States during the Atlantic Slave Trade. For example, Radbruch postulated that the objective of legal philosophy is to appraise the law in terms of congruency with its ultimate goal, i.e. to realize the ideas of law. Chapter VIII highlighted the abolition and emancipation of slavery and emphasized the role of Quakers, Anglicans and most importantly anti-slavery campaigners, like Granville Sharp and Thomas Clarkson. They initiated, campaigned and fought for the abolition and emancipation of African slavery, without which the history of Africa and its people would have being hitherto be rewritten today. Just as the instruments of publications, sermon, pamphlets, treatise, poems, narratives, newspaper articles, reports and petitions were used to promote and aggravate Atlantic slave trade and slavery so also were these instruments used to fight for the emancipation of slavery. Though the cause of reparation for Africans and Africans in Diaspora cannot be seriously questioned, particularly under natural law and the laws of morality, the conceptual, legal, moral and historical issues were discussed extensively in Chapter IX. The normative arguments for and against reparations and the identity of beneficiaries and those sued for reparations were the object of analysis. Causation and attenuation arguments of reparations, particularly in tort liability, for example, act attenuation, victim attenuation and wrongdoer attenuation will help to determine culpability. Tort law analogy in slavery reparations and more so lawsuits for Jim Crow, constitutional requirements and unjust enrichment are all indispensable legal instruments to ascertain the merits and demerits of reparations. The concepts of restitution and genealogical determinism are also essential parts of this chapter. And finally, the philosophy of Libertarianism also constituted to the evaluation of the case for reparations. Reparation has been a common feature or idea in public international law before the emergence of international human rights law. The various international courts have defined the notion of reparation in relation to the notion of international responsibility of the state in • Art. 31: ILC (s. pages 238, 241) • Art. 3: ILC • Art. 13 Universal Declaration of Human Rights (1948) • Art. 11(2) • Art. 7(1) The international law advances that any conduct, which is attributable to the state and which constitutes a breach of an international obligation of the state is an international wrongful act and comes under the state responsibility. The international law that adjudicates on state responsibility stipulates that there must be a link between a past wrong and present claim, consequently any legal claim for reparation at the international level will be confronted with the problem of proving that the present day western countries caused the injury inflicted on slaves. Other bodies of law like restitution, which deals with benefit-based liability or benefit-based recovery, has become an increasingly powerful tool in the case of reparation, particularly for mass wrongs. The merits and demerits were done justice to in this Dissertation. Natural Law has played an important role in the affairs of men through the ages because it entails basic principles of moral law and legislation and is in some cases objective, accessible to reason and based on human nature. Though, the concept of natural law is controversial, however, the Nuremberg War-Crimes trials after World War II, had no foundation in written laws. The prosecutors and judges justified their sentences on the assumption of natural laws binding all human beings and the present insistence on human rights also implies the affirmation of a kind of natural law. Natural law is therefore, a reflection of morality and consequently, legally valid if they conform to morality. He appraised human rights as surpassing all written laws and advanced that the law of nature should be sufficient to address the issue of restitution. Therefore, the kidnappings, the involuntary enslavement, the killings or murder of protesting or rebellious African slaves were an offence and a crime that needed to be addressed. Africa and the Africans in Diaspora can seek for justice albeit post mortem of the slaves.
Klappentext: Caroline Sophie Rapatz untersucht die Folgen der Europäisierung des Internationalen Privatrechts (IPR) für das nationale und das staatsvertragliche Kollisionsrecht und für das internationalprivatrechtliche Gesamtsystem. Die Wirkungen der IPR-Verordnungen der EU sind nicht auf ihren Anwendungsbereich begrenzt. Das mitgliedstaatliche Kollisionsrecht wird teils massiv zurückgedrängt, muss aber gleichzeitig zahlreiche Lücken schließen. Der Druck zur Anpassung an europäische Vorstellungen wird durch primärrechtliche Vorgaben noch verstärkt. Die Kollisionsregeln bi- und multilateraler Staatsverträge bleiben von der Europäisierung zwar formell unberührt. Ihr Zusammenspiel mit dem EU-IPR sowie der stetig wachsende Einfluss der EU auf die Interpretation und Weiterentwicklung völkerrechtlicher Rechtsakte lassen jedoch faktische Angleichungszwänge entstehen. Der bisherige Ansatz einer kollisionsrechtlichen Europäisierung durch Einzelrechtsakte ist auf lange Sicht nicht tragfähig und sollte durch ein anderes Modell ersetzt werden.
This insightful book examines human resource management practice and its perceived impact on performance in the non-profit sector. Presenting case studies of six NGOs in Kenya, it explores HRM practices in a non-profit setting, and uncovers details about HRM practice by organizations in the development sector that are not found in NGO management books. Informed by the author practical experience in the field, Human Resource Management in International NGOs is a unique study that marries theory and practice, challenging the reader to reflect on the interpretative application of management theory and stakeholder participation.
During 2004 the International Court of Justice decided three important matters. In March the Court found that the United States had violated the Vienna Convention on Consular Relations with respect to a number of Mexican nationals sentenced to death in U.S. state court proceedings. In a much-noted advisory opinion, the Court concluded in July that Israel's construction of a security wall or fence in occupied Palestinian territory violated international law. And in December it found that it did not have jurisdiction over Serbia and Montenegro's claims against eight NATO countries regarding NATO's 1999 bombing campaign aimed at halting the conflict in Kosovo. In other developments, the Court heard and had under deliberation Germany's preliminary objections to Liechtenstein's suit regarding certain property of Crown Prince Adam. Finally, Judge Gilbert Guillaume, a member of the Court since 1987 and its former president, announced that he would resign in February 2005.
During 2002, countries from all regions, especially Africa, resorted to the International Court of Justice; only one of the Court's 2002 judgments involved an OECD countiy. The Court's work during the year also shows the continued importance of boundary issues for states and for the Court.The Court again completed a substantial program of work, resolving three cases with final judgments. In February, it triggered substantial controversy by finding that a Belgian court's warrant for the arrest of the then foreign minister of the Democratic Republic of the Congo ("Congo") violated international law. In October, it resolved a complex of boundary disputes between Cameroon and Nigeria, although by year-end Nigeria had not yet implemented the Court's key requirement—withdrawal from the Bakassi Peninsula. In December, comparing sparse effectivités, it concluded that Malaysia, and not Indonesia, had sovereignty over two small disputed islands.
The demise of custom as a source of international law has been widely forecasted. This is because both the nature and the relative importance of custom's constituent elements are contentious. At the same time, custom has become an increasingly significant source of law in important areas such as human rights obligations. Codification conventions, academic commentary, and the case law of the International Court of Justice (the Court) have also contributed to a contemporary resurrection of custom. These developments have resulted in two apparently opposing approaches, which I term "traditional custom" and "modern custom." The renaissance of custom requires the articulation of a coherent theory that can accommodate its classic foundations and contemporary developments. This article seeks to provide an enriched theoretical account of custom that incorporates both the traditional and the modern approaches rather than advocating one approach over the other.
This article introduces a new data set on the access of transnational actors (TNAs) to international organizations (IOs). While IOs were long the exclusive preserve of member governments, recent decades have witnessed a shift toward more inclusive forms of governance, involving participation by non-governmental organizations, philanthropic foundations, multinational corporations, and other forms of TNAs. Yet existing research has lacked the data necessary to map this phenomenon and its variation over dimensions such as time, issue areas, and world regions. The TRANSACCESS data set is designed for this purpose and contains information on the level of openness in 298 bodies of 50 IOs from 1950 to 2010. On the basis of this data set, we also introduce a first quantitative measure of institutional openness in the shape of a composite index, available at both the IO and body levels. This index can be used to compare TNA access across and within IOs but also as a variable in large-N studies on global and regional governance, where IO openness is potentially relevant.
The governance of natural resource wealth is widely considered to constitute a key determinant in whether the extraction of natural resources proves to be a blessing or a curse. What is meant by governance can span a wide range of components, while the steps to achieving good governance remain subject to debate and uncertainty. In response to this challenge, a variety of international initiatives have emerged seeking to support those striving for better governance in their countries. These initiatives range across efforts to promote transparency, to codify successful historical experiences and effective policies; to help guide decision makers in their choices, and, in some cases, to provide external standards that countries can bind themselves to. These initiatives, such as the Extractives Industry Transparency Initiative, have seen some success in spreading and embedding governance norms, ranging across revenue transparency, contract disclosure, supply chain certification, creation of saving instruments such as resource funds and building institutions for checks and balances such as fiscal rules and accountability bodies. The paper provides a review of initiatives targeting governments as the key agents of change. We find a mixed picture of success, where uptake has been strong, for example in terms of the number of countries engaging with or signing onto normative frameworks. However, evidence for causal impact remains weak and sometimes limited to anecdotal cases. We offer some critical reflections on challenges faced and potential ways forward to build on the lessons and achievements of the past decade and a half.
THIS REVIEW SEEKS TO RECOVER THE HUMANIST IDEALS AND APPRACHES WHICH SOMETIMES GET LOST IN OUR MODERN STRIVINGS FOR SCIENTIFIC RIGOR. NICCOLO MACHIAVELLI HUMANISTICALLY ARGUED FROM CONTRASTING PRACTICAL/NORMATIVE/ONTOLOGICAL POSITIONS. THE CIVICALLY HUMANISTIC MACHIAVELLIAN MOVEMENT STILL FINDS CONTEMPORARY EXPRESSION. THE ARTICLE SUGGESTS WE NEED MORE FULLY TO RECOGNIZE AND DEVELOP THE CONTRIBUTIONS OF THE HUMANITIES TO OUR INTERDISCIPLINE OF INTERNATIONAL STUDIES IN ORDER TO BETTER UNDERSTAND MODERNITY'S SUCCESSES AND EXCESSES, AMELIORATE ITS RECURRING FAILURES, AND ANTICIPATE SUBSEQUENT ERAS OF HUMAN HISTORY.
