Suchergebnisse

Cover -- Contents -- Preface -- Glossary -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- L -- P -- Q -- R -- S -- T -- U -- 1 The Development and Nature of International Law -- Introduction -- The Historical Development of International Law -- The Binding Nature of International Law -- The Enforcement of International Law -- Centralized enforcement machinery -- Extra-legal considerations -- The enforcement of international law by individual states -- 2 The General Principles of International Law -- States as Sovereign Entities -- What is a state? -- State sovereignty and international law -- States as the Primary Subjects of International Law -- International organizations -- Individuals -- The Sources of International Law -- Customary international law -- Treaties as sources of international law -- Other sources of international law -- 3 International Relations Perspectives on International Law -- The Approach of International Relations Theories to International Law -- Realism -- Institutionalism -- Liberalism -- Constructivism -- Recent Interdisciplinary Work on the Role of International Law -- Byers: custom, power and the power of rules -- Koh: why nations obey -- Arend: do international rules matter? -- Conclusions -- 4 Preventing the Use of Force by States: Korea, the Gulf Conflict and Beyond -- Introduction -- Korea (1950) -- The Gulf Conflict (1990-1) -- The Legality of Subsequent 'Enforcement' Actions -- Iraq (1998) -- Kosovo (1999) -- Conclusions -- 5 Diplomacy and the Threat of Force -- Introduction -- The Threat of Force as a Tool of International Diplomacy -- The Legality of the Threat of Force -- Permissible Threats of Force -- The Legality of the Threat of Force in the Gulf Conflict -- Conclusions -- 6 Extraditing Pinochet -- Introduction -- The Issues -- The Decision in Ex parte Pinochet -- Extraditable crimes.

Since 1965, when it decided to create a Secretariat, the Commonwealth has increasingly been seen as a formal international organization, rather than the informal family or community of like-minded states that characterized its earlier self-identification. Notwithstanding very modest assumptions about what its role should be, the Secretariat itself has done much to encourage this tendency. Yet, given its lack of both a constitution & very clear functions, there is still room to question what kind of IGO the Commonwealth is & whether it can find a distinctive niche in the ever-expanding universe of IGOs. At different times since 1965, the Commonwealth has assumed five different kinds of identities. It is argued here that a combination of three of these, together with what remains of its community traditions, could provide it with a valuable, if limited, role in an era of globalization. Adapted from the source document.

Explores the relevance of customary rules of international humanitarian law & the mechanisms through which they are created. International humanitarian law adopted in Geneva in 1864 was based on customary rules generated by practices adopted in previous wars. In spite of extensive codification of humanitarian law by numerous treaties, treaty law does not adequately cover today's armed conflicts, especially those that are not international in scope. Customary international law is said to have the potential to fill existing holes in treaty law resulting from a lack of substantive coverage or ratification. Situations in which customary international law could be useful, & the methodology used to institute rules of customary international law, are described. Research on customary rules of international humanitarian law conducted by the International Conference of the Red Cross & Red Crescent identifies 200 basic rules found to be customary in today's noninternational armed conflicts. These rules will be included in a code of customary international law that will be binding upon parties in international & noninternational armed conflicts. J. Lindroth

The international is already constituted through the legitimation of specific forms of inequality. This paper explores four: (1) worldwide patterns of economic inequality; (2) the principle & historical experience of the "great powers" as a guarantee of international "order"; (3) the capacities of specific kinds of political community to participate in the modern system of states; & (4) the constitutive value field in which the international is judged as the negation of the positive values ascribed to statist forms of political community. It does so in relation to claims about freedom, scale, & the necessary practices of modern discrimination. This exploration leads to the conclusion that the primary significance of claims about new inequalities in an international context is that they express the increasing difficulty of thinking about equality/inequality in political terms, let alone of responding adequately to the "violences" & injustices that might be attributed to multiple kinds of inequalities in various settings. Adapted from the source document.

The international financial architecture literature is concerned with a set of best principles & practices that may lower the risk of financial crises & spillover effects. The financial world has grown enormously more complicated since the end of Bretton Woods. The valuable work of several standard-setting institutions must be judged as minimum requirements for good practice, which are below the perceived needs of the leading financial centers. The paper proposes a "portal" solution, in which the two most important financial centers, the United States & the United Kingdom, set best practices on international financial standards. Since these two centers control access to international markets, & thus, are the conduit of systemic risk, they can establish both the rules for market access & the core regulatory & supervisory framework to deal with international systemic issues. The regulators of the two portals therefore play the fundamental international regulatory role. 37 References. [Copyright 2002 Sage Publications, Inc.]

The author outlines China's attitude to international organizations and its reasons for joining them. He discusses evidence of socialization in its participation and practice and assesses whether international organizations have influenced China to accept the requirements of cooperation, respect for international rules, and accountability in today's globalized world. (DSE/DÜI)