Proportionality and force in international law
In: American journal of international law, Band 87, Heft 3, S. 391-413
ISSN: 0002-9300
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In: American journal of international law, Band 87, Heft 3, S. 391-413
ISSN: 0002-9300
World Affairs Online
In: Human rights quarterly: a comparative and international journal of the social sciences, humanities, and law, Band 22, Heft 1, S. 148-166
ISSN: 0275-0392
Considers ways women are affected and assesses adequacy of international humanitarian law in protecting them. Incidents of abuse by UN peacekeeping forces and others, compensation, state responsibility, proportionality and economic sanctions, and role of the Red Cross (ICRC).
In: Politicka misao, Band 30, Heft 1, S. 32-56
The author discusses the political effects of Hungarian electoral law on the formation of the Hungarian parliament. Although the makers of the new electoral law argued that the democratic legislative body should widely & justly represent all interests, points of view, & opinions of the electoral body, electoral law only partly stimulates proportionality. The disproportionate effects of the Hungarian electoral law (system) have been caused, according to the author, by several elements: namely, the prohibitive clause, the application of the electoral number procedure (the Hagenbach-Bischoff method & the Hare method), the two-thirds rule for the distribution of the remaining mandates, & the size of the electoral districts. In the 1990 parliamentary elections, the combined electoral system (that fuses electoral systems belonging to two different types -- the majority & the proportional system) achieved one of its basic political aims; it made great party fragmentation on the parliamentary level impossible, although a comparatively large number of political parties participated in the electoral process. One of the first effects of Hungarian electoral law on the formation of the Hungarian parliament was a reduction of multiparliamentarism. 8 Tables, 33 References. Adapted from the source document.
In: Die Friedens-Warte: Journal of International Peace and Organization, Band 74, Heft 1-2, S. 19-23
ISSN: 0340-0255
The NATO air strikes to end ethnic cleansing in Kosovo have renewed the ongoing controversy regarding the application of force. Yugoslavia & Russia take the position that such action violates the UN Charter's ban on aggressive use of force & is illegal. While most articles focus on the legality or illegality of humanitarian intervention, this issue has been raised to the level of the International Court in The Hague & requires a systematic approach. Arguments against the Yugoslavian & Russian stance could be based on the concept that according to the proportionality principle, threatened & applied force is not against UN principle, but rather, furthers the aims of the UN in such extreme cases of ethnic cleansing & takes precedence over territorial sovereignty. Should such a stance be discounted, the intervention can still be justified on the basis that Yugoslavia initiated the aggression, though against its own people, the intervention was an emergency measure, or that reprisal was required for such a severe violation of international law. L. Kehl
Discusses the nature, implications, & problems facing recent attempts to establish a democratic criminal justice system in Spain. Prior to the death of dictator Francisco Franco in 1975, the penal system was characterized by death penalties & long sentences inflicted on political prisoners. However, the transition toward democracy has led to a number of reforms grounded in the legal tenets of the Spanish constitution: the principles of legality, proportionality of punishment, the rule of law, & commitment to rehabilitation. Despite these admirable goals, imprisonment remains the primary means of criminal retribution, & prisons are currently in a state of crisis due to overcrowding, lack of staff, & skyrocketing levels of drug use & human immunodeficiency virus/acquired immune deficiency syndrome infection. Spain remains an ideal example of the punitive inflation & ideological contradictions evidenced in criminal justice systems throughout the world. However, the growing presence & acceptance of psychology, sociology, & anthropology have facilitated critiques of the current system & encouraged discussion of viable alternatives to imprisonment. 2 Tables, 29 References. T. Sevier