Suchergebnisse

Insists both on the unavoidable interrelation of the disciplines of International Law & International Relations & the problematic nature of combining a critical standpoint with the necessity of decompartmentalizing these fields of study heretofore regarded as separate. The idea of a 'constituent relationship' between the two is presented is presented as the basis of a future reconceptualization for researchers. This new approach would be both critical & holistic. In addition, suggests theories of problem resolution may indicate modes of emancipating these disciplines from familiar restraints, although states an awareness that problem solving techniques themselves are misleadingly presented as simple tools when they involve unexamined assumptions of their own. Due to current statistical methods, the tendency is to do a cost-benefit analysis of the growing institutionalization of international law, focusing on what this or that agent can gain in the way of information or conflict resolution. Some limit this analysis to states; others factor in special interest groups. But the big, unanswered question in research is the two disciplines' interrelation in the problematics of international dynamics. In this regard, a major problem is the predetermined, often binary, rational categories because they make it difficult to deal with the specificity of contemporary problems. Examples given include such oppositions as legal/illegal, stable/anarchic, economic/political, public/private, all categories that do not allow for all possible variables. Two important heuristic dimensions in the future: recognizing that structures & dynamics of international power do not exist apart from the judicial relationships that crystallize & institutionalize them. Law in general & international law in particular cannot be reduced to the 'will' of nations or the idea of 'national interests.' Neither can economics be factored out. Terminology is also an issue because new categories of analysis are needed. References. R. Ruffin

Following the relative isolation of Spain under Franco, the country has witnessed a major development of its diplomacy, so much so that Spain has become an important actor in international relations. It has reinforced its link with Europe, has joined the Atlantic Alliance, has adopted a more balanced approach of the Israeli-Arab conflict and has managed so far to maintain its historical special relationship with the Spanish-American world. However, its relationships with Morocco remain strained and those with the United States depend on the majority in power in Madrid, the Partido popular being more pro-American and, to a certain extent less pro-European than the Partido socialista obrero espanol. Adapted from the source document.

International law has traditionally been, first, a law aimed at reinforcing sovereignty and, second, at taming it via the emergence of an international community. Typically excluded from this encounter is a whole series of efforts by civil society, individuals, or social movements, which help reinforcing international law's goals. International law as a normative project could significantly benefit from a greater recognition of the striking role played by non-state actors in its implementation. If international law increasingly casts itself substantively as a law of human beings, then its modes of implementation should follow suit. The idea of resistance as a rehabilitation of civil society's role could be provide the missing link. The article suggests ten preliminary conditions before such a utopia can take place. Adapted from the source document.

This article presents the thesis according to which international institutions & organizations cannot be satisfied with a retributivist conception of punitive justice. International crimes, war crimes, & crimes against humanity are crimes against groups & demand a reparation of the social link. Restorative justice pursues this aim, without diminishing wrongs which have been committed. It is defended here on the basis of a conception of collective responsibility which runs in two ways: from the international community to the accused, & from the accused to the international community. Adapted from the source document.

Since the middle of the 90s, the Third-World analysis of international law seems to experience a "new breath" in English literature, as the academic meetings of Third World Approaches to International Law (TWAIL) at several universities clearly show. If TWAIL remain in continuity with the first wave of Third-World analyses, noticeable changes must be highlighted in the corpus produced so far. Indeed, TWAIL differs from the first Third-World theories on at least two points which are considered as the corner stones of international law: the conceptualization of State sovereignty & the principle of universality. It is the tension between continuity & discontinuity uniting the TWAIL to the first Third-World theories that this article aims to enlighten. Adapted from the source document.

Argues that while, historically, rising powers in the political world are likely to take differing paths given the heterogeneity of this particular category, today this category consists largely of nations likely to cause instability in the near future or to provoke some crisis: identifies rising powers like Brazil, India, South Africa, Mexico, Turkey, Iran, Indonesia, Saudi Arabia, & Argentina. Devotes considerable space to identifying the common characteristics of such nations. These nations are mostly Southern Hemisphere countries. Many are former colonies which pursue what is described as revisionist politics reflecting a desire for revenge due to residual feelings of humiliation. Claims their outlook feeds nationalistic passions & a confrontational mentality. Maintains that such nations look upon the Western world with a mixture of rivalry, fascination & resentment. Further adds that power is now defined differently than in the past. States that economic capacity & military might were once the criteria for power status. Insists that at present, with the rise of international firms, a global economy, power is undergoing a redefinition in terms of demographics, regional influence, & prominent roles in international organizations. Further, these new rising powers are said to have a different perception of what might be a global threat than either the European nations or the United States. They are characterized as refusing to adhere systematically to any global initiatives or goals. They are described as having fragile economies & recently constructed, often artificially constructed, nationalities with mere territorial unity often undermined by loyalties of another nature. Argues that given the lessening influence of both the U.S. with its short-term solutions & brutal interventions & the European ideal of stability, integration & cooperation, power & hegemony are less & less likely to have anything to do with democratization & the force of law. Maintains that these quasi-authoritarian regimes are often indifferent to human rights & the values of solidarity. References. R. Ruffin