Suchergebnisse

Israel has justified the construction of its barrier wall as a nonforcible measure taken in selfdefense to protect its citizens against terrorist attacks emanating from the occupied Palestinian territory. This essay addresses two issues. First, was the International Court of Justice's conclusion in paragraph 139 of the advisory opinionLegal Consequences of the Construction of a Wall in the Occupied Palestinian Territorythat "Article 51 of the Charter has no relevance in this case" wellfounded? This question involves consideration of three interrelated substantive aspects of paragraph 139: the Court's finding that Article 51 was irrelevant because Israel did not claim that the attacks against it were imputable to a foreign state; the relevance of the Court's reliance on the fact that Israel exercises control over the occupied Palestinian territory; and the Court's conclusion that the situation differs from the circumstances contemplated in Security Council Resolutions 1368 (2001) and 1373 (2001) and that, accordingly, Israel could not invoke these resolutions in support of its claim to be exercising a right of self-defense. The second issue is whether the approach of the Court to the substantive content of Article 51 can be defended as an appropriate discharge of its judicial function. To avoid undue suspense, let it be said at the outset that paragraph 139 is well-founded, and the Court properly fulfilled its task.

An idiosyncratic array of international rules allows "consultants" to gain special access to international officials and lawmakers. Historically, many of these consultants were public-interest associations like Amnesty International. For this reason, the access rules have been celebrated as a way to democratize international organizations, enhancing their legitimacy and that of the rules they produce. But a focus on the classic public-law virtues of democracy and legitimacy produces a theory at odds with the facts: Many of these international consultants are now industry and trade associations like the World Coal Association, whose principal purpose is to lobby for their corporate clients. The presence of these corporate lobbyists challenges the conventional view, which I call strong legitimacy optimism, by focusing a set of longstanding critiques: Consultant associations are not always representatives of the "global public" and consultation is not robust participation in governance. Moreover, the access rules both overregulate and underregulate access to lawmakers. This critique is particularly salient in the context of business lobbying, where the access rules do not balance the costs and benefits of business access to international lawmaking and governance. This Article introduces a theory of international lobbying law. Reframing the international access rules as a body of lobbying regulations delivers explanatory and normative payoffs by identifying (1) the full array of actors who obtain access (public interest and private sector alike); (2) the quantum of access that the current system delivers (informal lobbying, not participation in governance); and (3) new regulatory strategies. Specifically, two regulatory models emerge. One draws on the flawed but best-available registration and disclosure norms of domestic lobbying regulation. The other is a multistakeholder model pioneered by twenty-first-century public-private partnership organizations. The Article develops an original typology to organize and ...

The purpose of this essay is twofold. First, it proposes to undertake, in introductory form, one of the many tasks a historical sociology of international relations could perform: the comparative study of one of those relations which appear in almost any international system, i.e., international law. Secondly, this essay will try to present the rudimentary outlines of a theory of international law which might be called sociological or functional.International law is one of the aspects of international politics which reflect most sharply the essential differences between domestic and world affairs. Many traditional distinctions tend to disappear, owing to an "international civil war" which projects what are primarily domestic institutions (such as parliaments and pressure groups) into world politics, and injects world-wide ideological clashes into domestic affairs. International law, like its Siamese twin and enemy, war, remains a crystallization of all that keeps world politics sui generis. If theory is to be primarily concerned with the distinctive features of systems rather than wim the search for regularities, international law becomes a most useful approach to international politics.

In this shrinking world, states are increasingly interdependent and interconnected, a development that has affected international law. Early international law dealt with bilateral relations between autonomous states. The principal subjects until well into this century were diplomatic relations, war, treaties and the law of the sea. One of the most significant developments in international law during the twentieth century has been the expanded role played by multilateral treaties addressed to the common concerns of states. Often they clarify and improve rules of international law through the process of rendering them in binding written agreements. These treaties also promote the coordination of uniform state behavior in a variety of areas. International organizations, themselves the creatures of multilateral treaties, have also assumed increasing prominence in the last half of this century. They contribute to the coordination and facilitation of contemporary international relations on the basis of legal principles.

Abstract
This article examines critical approaches to liberal internationalism in international law. It argues that, despite ongoing disavowals of the liberal international legal order, most critical international lawyers are yet to let go of liberal vocabularies in order to re-imagine how order might be constituted anew. The article proposes a disordering critique of international law. Disordering international law comprises a process of reflective discernment. Through this process, norms, conventions and principles are determined with reference to a multiplicity of spatial and temporal orders and reframe any understanding of how legal order is constituted internationally. Drawing from the concept of non-duality proposed by Ratna Kapur and the writings of Justice Cançado Trindade, it then conceptualizes a disordering sensibility. Scholars embarking on international legal disordering would ask: how do I understand the arrangement or disposition of people or things in relation to each other? How is 'order' determined as a result? What sequence, pattern or method am I imposing and how does that affect any characterization of 'legal' ordering? Whose knowledge is included, whose knowledge is excluded and why? The analysis, however, does not stop there. The further and final questions to ask are: how does this change any conception of legal ordering that remains central to the practice of international law? And how might we begin to conceptualize that order and practice differently? The return to practice provides a path towards change, which the article argues is urgently needed. I commence with some answers to these questions and hope to open a space for further disordering, premised on a turning away from dominant liberal frames.

The law that regulates armed conflicts is one of the oldest branches of international law, and yet continues to be one of the most dynamic areas of law today. This book provides an accessible, scholarly, and up-to-date examination of international humanitarian law, offering a comprehensive and logical discussion and analysis of the law. The book contains detailed examples, extracts from relevant cases, useful discussion questions, and a recommended reading list for every chapter. Emerging trends in theory and practice of international humanitarian law are also explored, allowing for readers to build on their knowledge, and grapple with some of the biggest challenges facing the law of armed conflict in the twenty-first century. This second edition offers new sections on issues like detention in non-international armed conflict, characterisation of non-international armed conflicts, expanded chapters on occupation and the protection of civilians, means and methods of warfare, and implementation, enforcement and accountability.

The article examines the issues of Internet legal relations and conflicts of jurisdiction between the states when resolving disputes. The interrelation of Internet legislation and private international law is investigated. The application of Russian legislation in Russian Federation in the regulation of human rights activities is analyzed. Judicial practice of the countries of the Anglo-Saxon legal system is considered.

THE SCOPE OF INTERNATIONAL LAW HAS GRADUALLY WIDENED SINCE THE 17TH AND 18TH CENTURIES. THIS ARTICLE BRIEFLY TOUCHES UPON THE MANY WAYS IN WHICH IT HAS, SUCH AS THE GROWTH IN JURIDICAL REGULATION, VARIANCE IN INDIVIDUAL LEGAL SYSTEMS,AOLITION OF THE RIGHT OF CONQUEST, ECT.