International Relations as Juridical Life: Rethinking 'the International' in International Theory
In: Global society: journal of interdisciplinary international relations, Band 27, Heft 4, S. 421-437
ISSN: 1469-798X
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In: Global society: journal of interdisciplinary international relations, Band 27, Heft 4, S. 421-437
ISSN: 1469-798X
In: Theorien der Internationalen Beziehungen; Politische Vierteljahresschrift Sonderheft, S. 263-285
In: International relations: the journal of the David Davies Memorial Institute of International Studies, Band 26, Heft 2, S. 181-198
ISSN: 1741-2862
The idea of creating an international police force (IPF) was first mooted by Lord David Davies in the 1930s. In 1963 U Thant, Secretary General of the United Nations, then claimed that he had 'no doubt that the world should eventually have an international police force'. Yet our international system has been and continues to be based on states, their sovereignty and a correlative 'inside/outside' distinction: a distinction which is resistant to this idea of some form of systematic international policing writ large. Instead of the establishment of an IPF, a new form of international policing has emerged through the unprecedented use of police abroad and the potential consolidation of more specific operational policing norms. This is a phenomenon that may not be as permanent nor as wide ranging as earlier conceptualisations that concerned themselves with a more structured management of interstate behaviour, but, nonetheless, it increases the possibilities for achieving an international order based on the rule of law.
In: Review of international studies: RIS, Band 18, Heft 1, S. 19-30
ISSN: 1469-9044
In this paper I am going to argue a familiar but still controversial thesis about the relation between international ethics and international law, which I would sum up in the following list of propositions:First, international law is a source as well as an object of ethical judgements. The idea of legality or the rule of law is an ethical one, and international law has ethical significance because it gives institutional expression to the rule of law in international relations.Secondly, international law—or, more precisely, the idea of the rule of law in international relations—reflects a rule-oriented rather than outcome-oriented ethic of international affairs. By insisting on the priority of rules over outcomes, this ethic rejects consequentialism in all its forms.
In: Vestnik MGIMO-Universiteta: naučnyj recenziruemyj žurnal = MGIMO review of international relations : scientific peer-reviewed journal, Heft 2(35), S. 150-160
ISSN: 2541-9099
Analysis and studying of the terrorism in all its facets is a complex entangled problem with less clear legal regulation that it might seem at first glance, especially after its transformation from local phenomenon into a world threat. Hitherto terrorism and actions connected to it have been criminalized by the majority of states. There are in modern criminal law whole systems of rules on criminal liability for terrorism which differs considerably from country to country. Terrorism has been criminalized in numerous international regional and universal antiterrorist legal instruments. The author notes that differences in definitions that are enshrined in them hinders international cooperation in criminal matters with respect to terrorist cases. Difficulties reside in the necessity to meet the dual criminality requirement and in the political offense exception. These difficulties can only be overcome through elaboration of a universally recognized definition of the notion of international terrorism and making it legally binding via its inclusion into a universal convention. The issue of definition of international terrorism is an important part of an efficient mutual assistance among states in fight against this crime. In this article the author accounts of actual ways of tackling by the international community of the issue of criminalization of international terrorism and of factors influencing them.
In: Internationale Politik und Gesellschaft: IPG = International politics and society, Heft 3, S. 38-60
"Eine Ausdehnung des Selbstverteidigungsrechts auf 'vorbeugende Verteidigung' ist unnötig. Das bestehende Völkerrecht bietet einen hinreichenden Rahmen, um dem internationalen Terrorismus zu begegnen. Unilaterale Antworten sind kontraproduktiv, denn sie spielen dem terroristischen Angriff auf die internationale Ordnung in die Hände." (Autorenreferat)
In: World politics: a quarterly journal of international relations, Band 14, Heft 1, S. 205-237
ISSN: 1086-3338
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: International organization, Band 43, Heft 2, S. 301-322
ISSN: 1531-5088
Much of the contemporary literature on the utility of international sanctions approaches the apparent riddle of why sanctions are embraced so eagerly when they are supposedly such an "ineffective" tool of statecraft by focusing on the instrumental and rational purposes of sanctions. As a result, one purpose that does not always lend itself to a rational means-end calculus—the purpose of punishment—tends to be overlooked or, more commonly, dismissed outright. This article explores punishment as both a useful and an effective purpose of international sanctions. It argues not only that sanctions should be distinguished from other forms of hurtful statecraft but also that they are a form of "international punishment" for wrongdoing, despite the difficulties of applying the term "punishment" in the context of international relations. The article then examines the purposes of punishment and reveals that only some are understandable when a model of means-end rationality is used, suggesting that the element of the nonrational also plays an important role in international sanctions. The argument is then applied to the case of U.S. sanctions imposed after the Soviet Union's invasion of Afghanistan to demonstrate the different purposes of punishment at work in this case. The article concludes that just as we cannot understand punishment as a purposive human activity solely by reference to a rational model of a means to a clearly delineated end, so too we cannot entirely understand sanctions as a form of international punishment by an attachment to a rational model of policy behavior. However, some forms of punishment are exceedingly effective, and this may explain why sanctions continue to be a popular instrument of statecraft.
In: American journal of international law: AJIL, Band 15, Heft 3, S. 361-374
ISSN: 2161-7953
In a reeent work entitled The Psychology of Nations we are told that "International Law must be made intelligible to very young minds, and now that we are to have an international seat of congresses and courts, the interest must be made in its existence to give reality to the idea of internationalism." This admonition by a psychologist is illustrative of a widespread attitude toward international law; that it is a matter readily understood, for which there need be no specialized training, everyone being competent to pass judgment upon any subject about which international law is supposed to be concerned.
In: The Economic Journal, Band 82, Heft 326, S. 746
In: in R. Deplano and N. Tsagourias (eds), Research Methods in International Law: A Handbook, Edward Elgar, Forthcoming
SSRN
Working paper
In: KAS international reports, Heft 8, S. 44-65
"Nach wie vor steht der Kampf gegen den internationalen Terrorismus weit oben auf der Agenda der NATO. Der im November zu verabschiedenden neuen Strategie muss es gelingen, die Rolle von Streitkräften im Rahmen einer vernetzten Sicherheitsarchitektur zu bestimmen und den militärischen Beitrag für die Unterbindung des internationalen Terrorismus zu definieren. Eine Intensivierung des Dialogs mit Nicht-NATO-Staaten sowie die Harmonisierung mit wichtigen Akteuren, vorrangig der EU, im Sinne des Comprehensive Approach ist wünschenswert." (Autorenreferat)
In: The military law and the law of war review: Revue de droit militaire et de droit de la guerre, Band 40, Heft 3-4, S. 18-20
ISSN: 2732-5520
In: International political science abstracts: IPSA, Band 57, Heft 6, S. 783-815
ISSN: 1751-9292
In: International political science abstracts: IPSA, Band 57, Heft 5, S. 653-680
ISSN: 1751-9292