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62. Stephen Allen. The Chagos Islanders and International Law
- Author:
- Peter H. Sand
- Publication Date:
- 04-2015
- Content Type:
- Journal Article
- Abstract:
- The tale of the Chagos Archipelago (British Indian Ocean Territory, BIOT) raises a wide spectrum of transnational legal questions, all across the fields of human rights, environment and disarmament. Last-born of the Empire’s colonies, the BIOT was established – and systematically depopulated – for the sole purpose of accommodating a strategic US military base during the Cold War years in 1965–1966. The territory has since generated extensive litigation in the national courts of the United Kingdom (UK) and the USA as well as proceedings in the European Court of Human Rights and an arbitration under Annex VII of the Convention on the Law of the Sea (UNCLOS). Stephen Allen, senior lecturer at the University of London’s Queen Mary College, has long followed and commented on legal developments in the Chagos cases as an observer. The focus of his attention remains the plight of the native Chagossians, a small Kreol-speaking people of African and Malgasy origin, whose exile (mainly to Mauritius, the Seychelles and the UK) has lasted for more than 40 years.
- Topic:
- Environment, Human Rights, Imperialism, International Law, History, Courts, Disarmament, and Displacement
- Political Geography:
- Britain, United States, Europe, and Chagos Islands
63. Michael Fakhri. Sugar and the Making of International Trade Law
- Author:
- Anna Chadwick
- Publication Date:
- 07-2015
- Content Type:
- Journal Article
- Abstract:
- Michael Fakhri in his book Sugar and the Making of International Law takes inspiration from Antony Anghie, a scholar who famously disrupted prevalent conceptions of public international law. Using sugar as a ‘trace element’, Fakhri follows Anghie’s lead in retracing the historical origins of international trade law in order to challenge pervasive perceptions about this legal regime. What he is keen to demonstrate is that free trade, like state sovereignty, is not something that international institutions are merely officiating. Rather, the meaning of this concept has shifted over time as it has been applied by different institutions and actors within the international legal order to differential effect. It has been both conditioned by, and received the conditioning of, broader political, economic and social forces. Critically, it is as much the product of international institutions governing trade as it is their purpose.
- Topic:
- Agriculture, Imperialism, International Law, International Trade and Finance, History, World Trade Organization, and Economy
- Political Geography:
- Britain, Europe, and Global Focus
64. Mark Toufayan, Emmanuelle Tourme-Jouannet, Hélène Ruiz Fabri (eds). Droit international et nouvelles approches sur le tiers-monde: entre répétition et renouveau [International Law and New Approaches to the Third World: Between Repetition and Renewal]
- Author:
- Makane Moïse Mbengue
- Publication Date:
- 07-2015
- Content Type:
- Journal Article
- Abstract:
- The volume under review publishes the proceedings of a colloquium held at the University of Paris in July 2010. The aim of this colloquium was to fill a lacuna that characterizes the contemporary francophone international legal scholarship. Indeed, as noted by the editors in their foreword to the book, after a prolific period during the 1970s and 1980s, French and francophone scholars have gradually lost interest in Third World-related issues and ignored this topic in their research and teachings. This trend is regrettable and unfortunate because despite some progress and improvements, international relations are still marked by significant inequalities and disparities between rich and poor countries, while several regions of the world remain in a situation of extreme poverty. Therefore, there is an urgent need to renew and revive the reflection of French-speaking international lawyers on their discipline by inciting them to critically question the present existence and effects of the rules of international law relating to the Third World in the current globalized context. To achieve this goal, Mark Toufayan, Emmanuelle TourmeJouannet and Hélène Ruiz Fabri had the idea of bringing together, in Paris, francophone and anglophone scholars and prominent representatives of the critical Third World Approaches to International Law (TWAIL). TWAIL scholars were invited to expose their ideas and thoughts, and their French-speaking counterparts were asked to react and comment on these thoughts.
- Topic:
- Development, Human Rights, Imperialism, International Law, Post Colonialism, Third World, and History
- Political Geography:
- China, Europe, France, South Africa, and Chile
65. Lauri Mälksoo. Russian Approaches to International Law
- Author:
- Angelika Nussberger
- Publication Date:
- 07-2015
- Content Type:
- Journal Article
- Abstract:
- Modern international law of the 21st century seems to be characterized by a farewell to the Westphalian understanding of state sovereignty, by the empowerment of the individual and by transnational solutions to common problems in a globalized world. This overview, however, is not true for Russian international law. The ‘powerful idea of Russia’s civilizational distinctness from the West’ is underlying the post-Soviet practice in international law (at 190). This is the main thesis of Lauri Mälksoo’s study on ‘Russian approaches to international law’. Russia was different, Russia is different and Russia is proud of being different.
- Topic:
- International Law, Sovereignty, United Nations, History, and Intellectual History
- Political Geography:
- Russia, Europe, and Crimea
66. The International Legal Status of the Vatican/Holy See Complex
- Author:
- John R. Morss
- Publication Date:
- 10-2015
- Content Type:
- Journal Article
- Abstract:
- This article offers a re-examination of the international legal status of what is here termed the Vatican/Holy See complex (VHS), focusing on claims to statehood. The problematic ‘effect’ of Vatican City, of the Holy See, of the papacy and of associated entities is interrogated at the level of international law, entering as little as possible into administrative or theological distinctions. The various grounds cited as supporting status amounting to statehood are argued to be inadequate. The continuing exchange of representatives with states by the VHS is missionary and hierarchical in character and is reflective neither of the reciprocity of peers nor of customary obligation going to law. Agreements entered into by the papacy with the Kingdom of Italy (the Lateran Pacts) in 1929, relating to the status of the geographical territory known as Vatican City, cannot be determinative of international status. Nor can membership of international agreements and organizations confer a status amounting to statehood. Events and practices since 1929 have not substantially altered international status as of 1870. The Roman Catholic Church is but one of many faith-based international movements, and since the eclipse of the papal state nearly one-and-a-half centuries ago, the status in international law of its temporal headquarters in Rome should not be privileged.
- Topic:
- International Law, Religion, Sovereignty, and History
- Political Geography:
- Europe, Italy, and Vatican city
67. EJIL Editors’ Choice of Books 2015
- Author:
- Sarah Nouwen, Christian Tams, Jan Klabbers, and Jean d'Aspremont
- Publication Date:
- 10-2015
- Content Type:
- Journal Article
- Abstract:
- At the end of 2014, we invited the EJIL Board members to reflect on the books that had had a significant impact on them during the year. Their contributions, posted on EJIL: Talk!, were met with great interest and curiosity. As the end of another year approaches, we decided once more to invite our Board members to look back on their reading in 2015. In the following pieces Sarah Nouwen, Christian Tams, Jan Klabbers and Jean d’Aspremont write about the books they read or re-read this year and which they found inspiring, enjoyable or even ‘must reads’ for their own work or international law scholarship in general.
- Topic:
- Human Rights, International Law, History, and Courts
- Political Geography:
- Africa, Europe, and South Sudan
68. The socialization between the professional groups of the foreign policy. The case of the institutionalization of the French civil-military activities in former Yugoslavia | La socialisation entre groupes professionnels de la politique étrangère Le cas de l’institutionnalisation des activités civilo-militaires françaises en ex-Yougoslavie
- Author:
- Grégory Daho
- Publication Date:
- 06-2015
- Content Type:
- Journal Article
- Journal:
- Cultures & Conflits
- Institution:
- Cultures & Conflits
- Abstract:
- This article intends to explain the transformation of the foreign policy since the end of the Cold War through the hypothesis of the evolution of the interactions between the professional groups: military, diplomats and industrialists. Using the genesis of French civil-military activities in Bosnia and in Kosovo between 1992 and 2001 as empirical framework, we endeavor to objectify the cross-sector dynamics which permeate with the bureaucratic competition between administrations, the mobilizations of senior officials and the interministerial division of labor in matter of international crises management. We wonder to what extent the international crises “managers” form an institutional space, a professional group or a social field in process of empowerment within the current foreign and defense policy.
- Topic:
- Foreign Policy, International Cooperation, War, History, and Sociology
- Political Geography:
- Europe, Yugoslavia, and Balkans
69. The Loss of French Musical Property During World War II: Post-War Repatriations, Restitutions, and 21st Century Ramifications
- Author:
- Carla Shapreau
- Publication Date:
- 01-2014
- Content Type:
- Working Paper
- Institution:
- Institute of European Studies
- Abstract:
- The purpose of this study is to evaluate the nature and scope of French music-related losses during the Nazi era, the status of post-war recoveries, and what remains missing today. The first phase of this research project has involved archival research, analysis, and documentation of selected evidence in the U.S. and France pertaining to musical manuscripts, printed music,musical instruments, books, and other musical materials.
- Topic:
- History and Culture
- Political Geography:
- United States and Europe
70. A New Paradigm of International Relations
- Author:
- A. Orlov
- Publication Date:
- 06-2014
- Content Type:
- Working Paper
- Institution:
- East View Information Services
- Abstract:
- Today, we are watching how the present stage of world history is coming to an end amid great or even fundamental changes of the geopolitical picture of the world. The twenty-five-year-long partnership between Russia and the West (never easy and never straightforward), which began back in the last years of Soviet perestroika, has ended. It will be probably replaced with a new structure of international cooperation much more pragmatic and devoid of illusions and exaggerated expectations nurtured by Russia rather than the West. It is wrong to expect that when the situation in Ukraine has been stabilized (it will be stabilized sooner or later) the world (or at least the part which stretches from Vladivostok in the east to Vancouver in the west) will go back to its pre-crisis state. There is no way back. The old bridges were burned while new bridges have not yet been built. The paradigm of world development geared at the prospects of long-term partnership (which, for a long time, had looked the only option) was destroyed.
- Topic:
- International Cooperation, Politics, History, and Geopolitics
- Political Geography:
- Russia, Europe, Ukraine, and United States of America