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In: European journal of international law, Band 31, Heft 2, S. 583-600
ISSN: 1464-3596
Abstract
Louis Sohn was an émigré scholar who fled Poland for the USA in 1939, two weeks before the Nazis invaded. His most widely known work is World Peace through World Law, co-written with Grenville Clark, a vision for a reconstructed United Nations. Writing at a time when political realism was ascendant in the USA, Sohn was labeled an 'idealist'. Yet a strain of pragmatism also runs through his scholarship, leading many to praise him as one of the architects of modern international law. As a scholar-practitioner with a mission to help build the post-World War II international order, little overt legal theorizing appears in his work. But a close reading reveals ideas that drew implicitly on extant theory or were developed by later theorists without reference to Sohn's writing. To help frame the analysis, this article situates Sohn's writing in two strands of theoretical literature: pre-positivist, positivist and 'post-positivist' approaches to law-making by international organizations; and functionalist, constitutionalist and deliberative approaches to the powers of, and constraints on, those organizations. Sohn does not fall neatly into any of those categories; instead, fragments of his work can be found at many points along each spectrum. While the fragments do not add up to a coherent whole, the theoretical contributions of this 'pragmatic idealist' are greater than meets the eye.
In: Proceedings of the ASIL Annual Meeting, Band 113, S. 99-100
ISSN: 2169-1118
In 1945, world leaders gathered in San Francisco to sign the United Nations Charter, which laid the blueprint for today's international system. The institutional architecture that was built around the United Nations, including its specialized agencies (such as the World Bank and World Health Organization) and funds and programs (such as the United Nations Children's Fund (UNICEF) and the UN High Commissioner for Refugees (UNHCR)), survived the Cold War and seemed to have hit its stride in the immediate post-Cold War era. Yet the global distribution of power has changed, states are no longer the sole actors in international affairs, and the very idea of global governance is being called into question. Not surprisingly, there is much questioning of whether the institutional architecture that was built almost seventy-five years ago is still fit for purpose. Policymakers are rightly focused on reform of that architecture. Rather than tinkering at the margins, this panel was conceived with a more radical agenda. If the UN did not exist today, would we create it? If so, what would it look like?
In: American journal of international law: AJIL, Band 112, Heft 1, S. 126-133
ISSN: 2161-7953
In: American journal of international law: AJIL, Band 106, Heft 1, S. 210-215
ISSN: 2161-7953
In: International peacekeeping, Band 18, Heft 2, S. 168-182
ISSN: 1743-906X
In: American journal of international law: AJIL, Band 102, Heft 2, S. 275-308
ISSN: 2161-7953
Critiques of decision making in international organizations are often framed in terms of the democratic deficit. Leveled against the United Nations Security Council, the charge has become more pointed in light of recent quasi-legislative and quasi-judicial acts—most notably the adoption of Resolutions 1373 and 1540 on the financing of terrorism and the spread of weapons of mass destruction, respectively, and the Resolution 1267 sanctions regime, which targets individuals suspected of involvement in terrorism. With the first two resolutions, the Security Council imposed general obligations on all states for an indefinite period; with the third, it set up a sanctions committee that has courtlike powers to identify and freeze the assets of individuals, groups, and corporations. Despite broad sympathy among the UN membership for collective counterterrorist action in the aftermath of the attacks of September 11, 2001, a degree of skepticism accompanied these initiatives from the start and grew with the diplomatic debacle surrounding the war in Iraq. Some critics asked whether an "imperial" Security Council had become an instrument for the imposition of "hegemonic international law." The Council has moved to address these concerns, but they remain serious enough that the regimes established under Resolutions 1267, 1373, and 1540 are at risk of collapsing.
In: Proceedings of the annual meeting / American Society of International Law, Band 102, S. 411-412
ISSN: 2169-1118
In: Global governance: a review of multilateralism and international organizations, Band 9, Heft 4, S. 441-458
ISSN: 1942-6720
In: Power in Global Governance, S. 185-204
Written by a team of distinguished scholars and senior practitioners from around the world, Talking International Law examines legal argumentation by states and other actors in the settings where it mostly transpires - outside of courts. Offering unprecedented insight into the theory of legal argumentation, the book offers a unique exposure to this multi-faceted practice, deepening our understanding of how international law actually operates in international affairs.
From 1960 to 1990, islands across the Pacific gained independence or self-government. In the years following this, Ian Johnstone and Michael Powles interviewed the Pacific people in key leadership positions in the lead-up to and achievement of independence, many of whom became well-known in the Pacific and more widely. This book presents a nation-by-nation history of this change from being colonial subjects to citizens of Pacific nations from the point of view of the leaders involved. Accompanied by maps, photographs and background information about the Pacific nations, the book explores
In: Global policy: gp, Band 13, Heft 4, S. 563-570
ISSN: 1758-5899
AbstractAs the range of actors, issues and levels of negotiation at the COP26 meeting in Glasgow demonstrates, the defining feature of global governance today is pluralism. Geopolitics, including swings in US global leadership and surging US–China competition, are part of the picture, but do not adequately explain the complexity of contemporary multilateralism. Deeper, systemic forces are at work – the birth pains of a more plural global system. This article identifies and examines four dimensions of pluralism: multipolarity, multiple issues, multi‐level governance, and multiple stakeholders. The effect is that all states – including middle and small states – must be more active, more agile, more self‐reliant, more willing to lead, and more oriented towards issues than ideology. The article illustrates the four dimensions through reviews of multilateral responses to COVID‐19, cyber attacks, and mass migration, before asking how states and non‐state actors can effectively manage a more plural system of governance. Three capacities for success are discussed: to act early and decisively by finding partners and fora for success; to embrace adhocracy internally and externally; and to rebalance effectiveness and trust through greater technocratic expertise, transboundary scientific cooperation, and a more inclusive diplomacy.
In: International peacekeeping, Band 15, Heft 1, S. 1-17
ISSN: 1743-906X