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Public international law has been 'global' in its application since at least the 1960s, when most western colonial empires had disappeared. Still, it is far from being left untouched by the fundamental changes which law is undergoing worldwide and which scholars often catch under the term 'globalization'. The gradual decline of the monopoly of states in the field of international relations and the on-going globalization of the economy and the challenges mankind is facing threaten the autonomy of public international law and even stretch it to its vanishing point. The authors argue that while international lawyers should not react defensively, we should be even more careful not to sacrifice the central position of the state in international law too readily as it is the prime locus of democracy and the rule of law. They also plead for a shift in international legal academia from the traditional focus on the formal role of international law within the system of law and global governance to studying its societal impact and potential in facing global challenges.

After the first drafts of the Treaty of Lisbon were available outside of the small circle of cogniscenti, specialists of the various policies tried to establish whether the new Treaty on European Union (TEU) and Treaty on the Functioning of the European Union (TFEU) contained anything relevant for their specific areas of law. People interested in tax law and those interested in the relation between EU law and public international law quickly established that one familiar yet not always well understood part of the old EC Treaty was missing: The TFEU like the earlier draft Treaty Establishing a Constitution for Europe, did not contain an equivalent to Article 293 EC – an Article regulating agreements between EU Member States on matters such as inter alia double taxation. In this chapter, I will embark on looking at the reasons and, more importantly, the effects of abolishing Article 293 EC in the current legal system. Several questions need to be addressed: Is there now a legal void? If not, was the initial article superfluous? What does its disappearance say about the future relation between double tax agreements concluded under public international law and EU law? The issue of double tax agreements in the context of the EU raises some fundamental questions about the complex multi-level legal world we are living in.

This report is intended for development professionals as a way to help them understand some of the key characteristics of peace negotiations and how the points of impasse between parties are often strikingly similar. Development professionals can play an important role in any peace process, providing the technical knowledge and practical, on-the-ground insights necessary to create a peace agreement that is durable. They are often in a position to facilitate dialogue among the parties in conflict, provide funding to support peace processes, contribute technical expertise and deliver practical knowledge as to what is feasible during the implementation of the peace agreement based on existing dynamics on the ground. Because development is a key component in any peace process, it is important to have development professionals present at the negotiation table, not just in the post-conflict implementation phase. This is often important because necessary technical issues will be reflected within an agreement to bring about successful implementation. This brief provides a number of lessons learned that are important for development practitioners to keep in mind when supporting peace processes. Much of the guidance offered in this brief has been distilled from multiple sources in academic literature, from background materials used in developing Office of Conflict Management and Mitigation's toolkit on supporting peace processes and from materials produced by numerous other research institutions.

Public international law has been 'global' in its application since at least the 1960s, when most Western colonial empires had disappeared. Still, it is far from being left untouched by the fundamental changes which law is undergoing worldwide and which scholars often catch under the term 'globalization'. The gradual decline of the monopoly of States in the field of international relations and the on-going globalization of the economy and the challenges mankind is facing threaten the autonomy of public international law and even stretch it to its vanishing point. The authors argue that while international lawyers should not react defensively, we should be even more careful not to sacrifice the central position of the State in international law too readily as it is the prime locus of democracy and the rule of law. They also plead for a shift in international legal academia from the traditional focus on the formal role of international law within the system of law and global governance to studying its societal impact and potential in facing global challenges.

The ecological debt is a concept which was developed at the beginning of the 90s in order to fight against the burden of financial debts which crippled the budgets of developing States. States and the civil society used the theoretical and practical knowledge developed by researchers in social and economic sciences to criticize an unequal worldorder, leading to continuous environmental degradation and as such, a characteristic of an unequal ecological exchange. For the different actors, the concept of ecological debt took on various meanings so that we can now dissociate four different discourses. For each discourse, we have identified one or more legal mechanism, but most of them often turn out to be unfit to meet the claims of ecological debt advocates. It appears that only the community version of ecological debt is efficient without being counter-productive. Our analysis of the climate regime in international law confirms this result since norms that empower local communities seem more efficient to reduce climate debt. ; La dette écologique est un discours politique qui s'est développé au début des années 90 pour lutter contre le fardeau des dettes financières qui grevait les budgets des États en développement. États et société civile se sont alors appropriés les acquis théoriques et pratiques des sciences économiques et sociales pour contester un ordre du monde inégalitaire et conduisant à la dégradation continue de l'environnement, caractéristique d'un "échange écologiquement inégal". Mais dans la bouche des différents acteurs, la dette écologique a pris des sens différents, si bien que l'on peut dissocier quatre discours de la dette écologique. À chacun de ces discours correspondent un ou plusieurs outils juridiques, outils qui, après analyse, s'avèrent souvent inaptes à valider les prétentions des partisans de la dette écologique. Il apparaît que seule la version communautaire de la dette écologique offre un cadre d'analyse qui soit efficient sans être contre-productif. L'analyse spécifiquement dédiée au ...

The ecological debt is a concept which was developed at the beginning of the 90s in order to fight against the burden of financial debts which crippled the budgets of developing States. States and the civil society used the theoretical and practical knowledge developed by researchers in social and economic sciences to criticize an unequal worldorder, leading to continuous environmental degradation and as such, a characteristic of an unequal ecological exchange. For the different actors, the concept of ecological debt took on various meanings so that we can now dissociate four different discourses. For each discourse, we have identified one or more legal mechanism, but most of them often turn out to be unfit to meet the claims of ecological debt advocates. It appears that only the community version of ecological debt is efficient without being counter-productive. Our analysis of the climate regime in international law confirms this result since norms that empower local communities seem more efficient to reduce climate debt. ; La dette écologique est un discours politique qui s'est développé au début des années 90 pour lutter contre le fardeau des dettes financières qui grevait les budgets des États en développement. États et société civile se sont alors appropriés les acquis théoriques et pratiques des sciences économiques et sociales pour contester un ordre du monde inégalitaire et conduisant à la dégradation continue de l'environnement, caractéristique d'un "échange écologiquement inégal". Mais dans la bouche des différents acteurs, la dette écologique a pris des sens différents, si bien que l'on peut dissocier quatre discours de la dette écologique. À chacun de ces discours correspondent un ou plusieurs outils juridiques, outils qui, après analyse, s'avèrent souvent inaptes à valider les prétentions des partisans de la dette écologique. Il apparaît que seule la version communautaire de la dette écologique offre un cadre d'analyse qui soit efficient sans être contre-productif. L'analyse spécifiquement dédiée au ...

The premises concerning the use of force are currently changing, as are the goals and methods, which entails that appropriate adaptation and interpretation of international legal norms is required in the context of new threats and methods of combating them. This constitutes a significant problem, especially in the event of extraordinary circumstances that are to justify the use of unilateral measures without the consent of the UN Security Council. This encompasses, inter alia, the issue of targeted killing, i.e. eliminating in the territory of another state, while not operating against such a state, on the order of a specific government, a specific person responsible for the illegal use of force, if other methods of apprehending the perpetrator are unrealistic. This makes such a method, in a given circumstance, a legal form of combat, as long as the criterion of necessity and proportionality is taken into account.

The provisions aiming at reducing non-tariff barriers and notably regulatory differences are the main innovation in CETA and the one that presents most important economic gains. In order to promote compatibility and convergence of their regulations, the EU and Canada have established cooperation mechanisms that, for the first time, integrate guidelines regarding good regulatory policies within a trade agreement but also set up permanent institutional schemes with the objective of facilitating and promoting regulatory cooperation between the parties. Even though these regulatory cooperation mechanisms included in the new generation of trade agreements such as CETA, do not modify directly the legislative and regulatory procedures of the EU and its Members states and are presented as voluntary for the parties, the European civil society is very much concerned about them. It fears that these mechanisms will endanger European democratic principles and restrict the regulatory autonomy of the parties and notably their right to adopt rules in order to follow socio-environmental objectives. This article aims at taking these worries seriously and putting forward an analysis of the regulatory cooperation provisions within CETA which is firstly descriptive and then evaluative. This analysis follows the framework established by the Max Planck Institute for Comparative Public and International Law in the context of the development of an international public law theory.

The provisions aiming at reducing non-tariff barriers and notably regulatory differences are the main innovation in CETA and the one that presents most important economic gains. In order to promote compatibility and convergence of their regulations, the EU and Canada have established cooperation mechanisms that, for the first time, integrate guidelines regarding good regulatory policies within a trade agreement but also set up permanent institutional schemes with the objective of facilitating and promoting regulatory cooperation between the parties. Even though these regulatory cooperation mechanisms included in the new generation of trade agreements such as CETA, do not modify directly the legislative and regulatory procedures of the EU and its Members states and are presented as voluntary for the parties, the European civil society is very much concerned about them. It fears that these mechanisms will endanger European democratic principles and restrict the regulatory autonomy of the parties and notably their right to adopt rules in order to follow socio-environmental objectives. This article aims at taking these worries seriously and putting forward an analysis of the regulatory cooperation provisions within CETA which is firstly descriptive and then evaluative. This analysis follows the framework established by the Max Planck Institute for Comparative Public and International Law in the context of the development of an international public law theory.

Rezensiertes Werk: Ronellenfitsch, Michael: Louis L'Amour und das Völkerrecht (Public International Law). - Berlin : Duncker & Humblot, 2008. - 389 S. (Tübinger Schriften zum internationalen und europäischen Recht ; 89) ISBN: 978-3-428-13005-4

In response to the Russian Federation's purported 'annexation' of Crimea and the conflict between separatists in the Donbass region and the central government of Ukraine, the United States, the European Union, Japan, and Australia, the principal countries, have imposed economic sanctions upon Russian officials, firms, and private individuals. The economic sanctions imposed upon the Russian Federation violate public international law on three grounds: 1) lack of authorisation under the United Nations Charter; 2) inapplicability of Art. XXI GATT ('Security Exceptions'); and 3) lack of legal authority based on the International Law Commission's Draft Articles on Responsibility of States for Internationally Wrongful Acts. Fidelity to the 'rule of law' requires an immediate withdrawal of all economic sanctions. By contrast, the international community 'ought to' condemn Ukraine's indiscriminate killing of innocent citizens living in the Donbass region and support the efforts of the Russian Federation to provide humanitarian aid to the region.

The thesis explores the scope of protection, including the extraterritorial applicability of the prohibition of collective expulsion on a global level. It further carves out how and why the prohibition evolved into a procedural guarantee that binds states when expelling foreigners en masse. In doing so, the work assesses the guarantee enshrined in various regional and international human rights instruments.

International audience ; Charles VI famously promised Prussian King Frederick William I the succession of the duchies of Jülich and Berg in 1726, but did not keep this treaty pledge. Frederick II did not think high of public international law, but used this as a political motive for revenge on Austria in November 1740, starting the War of the Austrian Succession. Although the Emperor benefitted from an advantageous position in Imperial law, which was essentially feudal for successions, his decisions in the 1720s were always the counterpart of a bilaterally negotiated concession by the other party, triggered by European, rather than German politics. In the light of the Utrecht and Italian examples, it can be argued that the power relations at the inter-sovereign level and the resulting political compromise created an implicit hierarchy, where vertical Imperial law was bowed and bent to fit the main players' horizontal options.

How has the teaching of public international law evolved in the regions that make up Switzerland as of today? Are there any peculiarities that have influenced this development, and who have been the proponents and teachers that have educated Swiss lawyers? To what extent has the development of a proper tradition in this area been influenced by the academic traditions outside the territory of Switzerland? This article tries to give a first overview of these questions in order to allow future research in this still understudied field of law. Most of Switzerland has been a latecomer regarding university education and in particular theoretical legal education. While the intensification of Switzerland's international relations in the 19th century leads to the (slow) introduction of courses in public international law, the special role in the aftermath of the two world wars has certainly led to a stronger tradition in this field than in many other States of similar size, initially with a strong interaction with neighbouring States, in particular Germany and France.

Every state may face a bid for protection in embassies or consulates from persons looking for a shelter in dangerous situations to their lives and safety. Even though diplomatic asylum is more peculiar to Latin America region, no State is prevented from such seekers. Practical examples show that diplomatic asylum helped to safe thousands of people in countries where instability of governments exist, during wars or in situations where no other alternative of protection was available. Grant of diplomatic asylum is a problematic issue because it raises question which value should prevail: inviolability of premises or non interference into internal affairs, protection of human rights or sovereignty of State. This master thesis attempts to find out what is the current position of diplomatic asylum in the context of public international law and on what grounds it could be granted in embassies and consulates. For this aim, the thesis is focused on the evolution and main features of diplomatic asylum, on its relation with regional and universal international law instruments, on dominating positions to diplomatic asylum in the case law. International treaties, state practice and various positions of legal writers were analyzed in order to reveal grounds for granting diplomatic asylum. In the States where diplomatic asylum is recognized, it is granted according to the existing legal regulation. In the States where diplomatic asylum is not considered as legal institute, it is granted on humanitarian considerations in order to protect people. The thesis concludes that different attitudes to diplomatic asylum exist regarding international law. For a group of State it is an institute of regional international law while other states tolerate it purely on humanitarian considerations. Despite different approaches of diplomatic asylum in the international law, it can be a means to protect life or safety of a person.