International studies notes of the International Studies Association
ISSN: 2577-9222
ISSN: 2577-9222
In: Oxford Research Encyclopedia of International Studies
"International Law and International Relations" published on by Oxford University Press.
In: Manuel sur les organisations internationales | A Handbook on International Organizations; The Law Books of the Academy, S. 3-12
In: Manuel sur les organisations internationales | A Handbook on International Organizations; The Law Books of the Academy, S. 3-12
In: Oxford Research Encyclopedia of International Studies
"The International System–International Society Distinction" published on by Oxford University Press.
In: Oxford Research Encyclopedia of International Studies
"International Cooperation Theory and International Institutions" published on by Oxford University Press.
Historians have all but dispensed with a conventional chronology that marks the Treaty of Westphalia (1648) as the origin of a modern state-centric territorial sovereignty. Instead, they are accumulating evidence that, since at least the early nineteenth century, sovereignty stretches back to the imperial practice of intervention into polities elsewhere on humanitarian grounds. Imperial sovereignty was less uniform than imperial officials and cartographers asserted; instead, as Lauren Benton has argued, it was (and is) usually "more myth than reality, more a story that polities [told] about their own power than a definite quality that they possess[ed]". Then there is the increasing number of historical examples of nonnormative, quasi-invisible forms of extra-territoriality that shaped the global imperial political architecture of the late nineteenth century: from the remaining principalities of the Holy Roman empire, and the conceptually distinctive practices of the Habsburgs as they separated cultural sovereignty from political sovereignty within their imperial territory, to the European claims to commercial and municipal authority in the treaty ports that dotted China's seaboard and river system, carving out the spoils of war.
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In: Oxford Research Encyclopedia of International Studies
"International Organizations and Respect for International Law" published on by Oxford University Press.
In: Migration in China and Asia; International Perspectives on Migration, S. 113-130
My subject today is "International Organizations and Customary International Law"--that is, the role of international organizations in relation to the formation and determination of rules of customary international law. Charney devoted a good part of his well-known article on "Universal International Law" to what he termed "contemporary international law-making." By that, he meant chiefly law-making within "international forums"--that is, within organs of international organizations and at international conferences. He starts the discussion from the somewhat heretical position that "[w]hile customary law is still created in the traditional way, that process has increasingly given way in recent years to a more structured method, especially in the case of important normative developments. Rather than state practice and "opinio juris," multilateral forums often play a central role in the creation and shaping of contemporary international law." Charney's conclusions, however, are perhaps not as radical as his premise. He acknowledged that "[s]ome may question the authority to legislate universally, even in the face of some dissent, because it appears to be inconsistent with the sovereignty and autonomy of states. Such apprehension is not unreasonable. The international legal system, however, will invoke this authority sparingly."
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