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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.
BASE
This book discusses in detail the law of genocide: its definition, elements, normative status, and relationship to the other core international crimes. It is the first in a four volume compendium from Judge Mettraux on the four core international crimes.
The third edition of this popular core textbook provides wide-ranging coverage of the structure, internal working, policies and performance of international organizations such as the UN, EU, IMF and World Bank. Such organizations have never been so important in addressing the challenges that face our increasingly globalised world. This book introduces students to theories with which to approach international organizations, their history, and their ability to respond to contemporary issues in world politics from nuclear disarmament, climate change and human rights protection, to trade, monetary and financial relations, and international development. Underpinning the text is the authors' unique model that views international organizations as actual organizations. Reacting to world events, political actors provide the 'inputs' which are converted by the political systems of these organizations (through various decision-making procedures) into 'outputs' that achieve varying levels of real-world impact and effectiveness. This is the perfect text for undergraduate and postgraduate students of Politics and International Relations taking courses on International Organization and Global Governance, as well as essential reading for those studying the UN, the EU and Globalization
World Affairs Online
In: Studies in international law volume 70
The ever-growing interaction between member States and international organisations results, all too often, in situations of non-conformity with international law (eg peacekeeping operations, international economic adjustment programmes, counter-terrorism sanctions). Seven years after the finalisation of the International Law Commission's Articles on the Responsibility of International Organisations (ARIO), international law on the allocation of international responsibility between these actors still remains unsettled. The confusion around the nature and normative calibre of the relevant rules, the paucity of relevant international practice supporting them and the lack of a clear and principled framework for their elaboration impairs their application and restricts their ability to act as effective regulatory formulas. This study aims to offer doctrinal clarity in this area of law and purports to serve as a point of reference for all those with a vested interest in the topic. For the first time since the publication of the ARIO, all international responsibility issues dealing with interactions between member States and international organisations are put together in one book under a common approach. Structured around a systematisation of the interactions between these actors, the study provides an analytical framework for the regulation of indirect responsibility scenarios. Based on the ideas of the intellectual fathers of international law, such as Scelle's 'dédoublement fonctionnel' theory and Ago's 'derivative responsibility' model, the book employs old ideas to add original argumentation to a topic that has been dealt with extensively by recent commentators.
World Affairs Online
In: Law express
In: Studies in international law volume 70
"The ever-growing interaction between member States and international organisations results, all too often, in situations of non-conformity with international law (eg peacekeeping operations, international economic adjustment programmes, counter-terrorism sanctions). Seven years after the finalisation of the International Law Commission's Articles on the Responsibility of International Organisations (ARIO), international law on the allocation of international responsibility between these actors still remains unsettled. The confusion around the nature and normative calibre of the relevant rules, the paucity of relevant international practice supporting them and the lack of a clear and principled framework for their elaboration impairs their application and restricts their ability to act as effective regulatory formulas. This study aims to offer doctrinal clarity in this area of law and purports to serve as a point of reference for all those with a vested interest in the topic. For the first time since the publication of the ARIO, all international responsibility issues dealing with interactions between member States and international organisations are put together in one book under a common approach. Structured around a systematisation of the interactions between these actors, the study provides an analytical framework for the regulation of indirect responsibility scenarios. Based on the ideas of the intellectual fathers of international law, such as Scelle's 'dédoublement fonctionnel' theory and Ago's 'derivative responsibility' model, the book employs old ideas to add original argumentation to a topic that has been dealt with extensively by recent commentators."--Bloomsbury Publishing
International audience ; Opinions tribunals dealing with environmental issues have multiplied over the last several years as a consequence of the rise of international environmental law and its promotion by international networks. Drawing on an ethnographic investigation of one of those tribunals—the International Monsanto Tribunal— this article reflects on the many objectives they often pursue: strengthening political positions, publicizing environmental and health social struggles, and promoting legal theories. In our case, we show that articulating those objectives involved intense work to stage the tribunal's legitimacy. We analyze this work and how it was put to the test during and after the sessions of the tribunal. Our article broadly suggests that environmental opinion tribunals are political arenas where rights and identities are not only asserted but also negotiated and legitimized.
BASE
International audience ; Opinions tribunals dealing with environmental issues have multiplied over the last several years as a consequence of the rise of international environmental law and its promotion by international networks. Drawing on an ethnographic investigation of one of those tribunals—the International Monsanto Tribunal— this article reflects on the many objectives they often pursue: strengthening political positions, publicizing environmental and health social struggles, and promoting legal theories. In our case, we show that articulating those objectives involved intense work to stage the tribunal's legitimacy. We analyze this work and how it was put to the test during and after the sessions of the tribunal. Our article broadly suggests that environmental opinion tribunals are political arenas where rights and identities are not only asserted but also negotiated and legitimized.
BASE
International audience ; Opinions tribunals dealing with environmental issues have multiplied over the last several years as a consequence of the rise of international environmental law and its promotion by international networks. Drawing on an ethnographic investigation of one of those tribunals—the International Monsanto Tribunal— this article reflects on the many objectives they often pursue: strengthening political positions, publicizing environmental and health social struggles, and promoting legal theories. In our case, we show that articulating those objectives involved intense work to stage the tribunal's legitimacy. We analyze this work and how it was put to the test during and after the sessions of the tribunal. Our article broadly suggests that environmental opinion tribunals are political arenas where rights and identities are not only asserted but also negotiated and legitimized.
BASE
"At the start of the last millennium, the Chinese were the preeminent international traders. Although a truly global trading system would not evolve until some 500 years later, Chinese silk had been available in Europe since Roman times. At the start of the last century, the British military, merchants, and manufacturers dominated the seas and international commerce. Literally, the sun did not set on the British Empire. At the start of this century, the United States had surged past a faltering Japan to retake the lead in global commerce. The American domination of information technology has since been followed by the political upheaval of 9/11 and the economic shocks of 2001 and 2008. China started the 21st century as the largest military threat to the United States, and within a decade it had become a leading, often difficult trading partner. What surprises do the new decade, century, and millennium hold in store for all of us? In this century, natural disasters and wars hampered commerce and human progress. Just in the last decade, we have witnessed the human tragedy and economic disaster of a 1000-year earthquake and tsunami and a nuclear meltdown in Japan; protests and revolutions-- the so-called Arab Spring--across the Middle East and North Africa (MENA); widespread economic protests across the developed countries; and the ongoing potential for a financial meltdown in the European Union. The battle to balance economic growth and stewardship of the environment continues. The globalization of markets has certainly accelerated through almost universal acceptance of the democratic free enterprise model and new communication technologies, including cell phones and the Internet"--