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282. Arnaud de Nanteuil. Droit International de l'investissement

Author:
Eric De Brabandere
Publication Date:
04-2015
Content Type:
Journal Article
Abstract:
There clearly is no dearth in publications dealing with the burgeoning field of international investment law. And one might wonder whether another handbook is needed on the subject. Yet Arnaud de Nanteuil’s Droit International de l’investissement has certain features that make the book of particular interest. Notably, it constitutes the first francophone handbook exclusively dedicated to international investment law.
Topic:
International Law, International Trade and Finance, Treaties and Agreements, and Courts
Political Geography:
Europe and France

283. Alternative Dispute Resolution and Human Rights: Developing a Rights-Based Approach through the ECHR

Author:
Lorna McGregor
Publication Date:
07-2015
Content Type:
Journal Article
Abstract:
The presumption that courts are the principal forum for dispute resolution continues to be eroded. Alternative forms of dispute resolution (ADR), including agreement-based ADR (such as mediation and conciliation) and adjudicative ADR (such as arbitration), continue to proliferate and are increasingly institutionalized, leading to their characterization as ‘appropriate’ or ‘proportionate’ dispute resolution. Interestingly, despite these developments, the position of international human rights law (IHRL) on two key questions regarding ADR and proportionate dispute resolution (PDR) is unclear. These questions are, first, the standards of justice expected of ADR/PDR (whether entered into voluntarily or mandatorily). Second, the permissible circumstances in which parties to a dispute can be required to use ADR/PDR instead of, or before, accessing courts. The attributes and challenges with ADR/PDR have been discussed extensively in socio-legal studies, feminist literature and the dedicated ADR/PDR literature. This article seeks to bring this vast theory on the diversification and institutionalization of dispute resolution into IHRL. Through the lens of the European Court of Human Rights, this article examines the types of tests that supranational bodies currently employ and advances a framework for assessing the choice, design and implementation of ADR/PDR in the future.
Topic:
Human Rights, International Law, Legal Theory, and Courts
Political Geography:
Europe, France, and European Union

284. 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

285. Reconceptualizing Implementation: The Judicialization of the Execution of the European Court of Human Rights Judgments

Author:
Helen Keller and Cedric Marti
Publication Date:
10-2015
Content Type:
Journal Article
Abstract:
This article proposes a shift of perspective concerning the implementation of European Court of Human Rights (ECtHR) judgments. Acknowledging that implementation of the Court’s judgments is primarily of a political and domestic nature, the authors argue that the process has become increasingly internationalized and judicialized by the ECtHR in recent years. Taking a broad, three-tiered perspective that distinguishes between the pre-judgment stage, the judgment itself and the post-judgment stage, the authors analyse the means by which the ECtHR has engaged in implementation of its judgments and explore the benefits of judicialization in this area to secure a key aspect in guaranteeing effective protection and the long-term future of the European Convention on Human Rights system, namely full and timely judgment compliance.
Topic:
Human Rights, International Law, Law, and Courts
Political Geography:
Europe and France

286. Bridging Comparative and International Law: Amicus Curiae Participation as a Vertical Legal Transplant

Author:
Anna Dolidze
Publication Date:
10-2015
Content Type:
Journal Article
Abstract:
Legal transplants scholarship has thoroughly examined the transnational diffusion of legal institutions. Although Article 38 of the Statute of the International Court of Justice acknowledges that international law draws upon domestic legal systems, the exchange of legal institutions between states and international law has yet to receive similar treatment. This article highlights the process of vertical diffusion – that is, the borrowing of legal institutions between the nation-state and international law. Vertical diffusion takes place in two forms: downward and upward diffusion. Scholarship on the internalization and vernacularization of international law has highlighted the process of downward diffusion. This article offers a theory of internationalization of law and the emergence of internationalized legal transplants. It draws on a study of the internationalization of the amicus curiae participation procedure from the United Kingdom to the European Court of Human Rights. Three main conditions must be present for internationalization: the institution’s structural transformation that results in a law-making opportunity, norm entrepreneurs, and access to the decision-making body. The study of internationalized legal transplants is important to have a more fine-grained perspective on the making of international law. The evidence of the diffusion of legal institutions between domestic law and international law also creates a bridge between international law and comparative law scholarship.
Topic:
Human Rights, International Law, Legal Theory, and Courts
Political Geography:
United Kingdom, Europe, and France

287. Letting Lotus Bloom

Author:
Ann Hertogen
Publication Date:
10-2015
Content Type:
Journal Article
Abstract:
In an increasingly interdependent world, state sovereignty is inherently limited in order to protect the equal sovereignty of other states. However, identifying the precise constraints on states is a different and far more difficult question. The traditional answer is found in the Lotus principle, which consecrates a freedom to act unless explicitly prohibited by international law. The principle has rightly come under attack because of its incompatibility with the needs of a modern international community. This is usually followed by calls to disregard the precedential value of the Permanent Court of International Justice’s Lotus judgment on which it is based. This article defends the Lotus judgment but argues that the principle is the wrong reading of the majority opinion and that it fails to create the right conditions for interstate co-existence and cooperation, the twin goals of international law identified by the majority. The article then examines the meaning of ‘co-existence’ for contemporary international law and weighs the principle of ‘locality’ as an additional criterion that ought to be considered when resolving conflicting claims of jurisdiction.
Topic:
International Law, Sovereignty, International Affairs, and Courts
Political Geography:
Europe, Turkey, and France

288. Une puissance parmi d'autres : évolution des enjeux et défis géostratégiques de la France en Océanie (One Among Many: Changing Geostrategic Interests and Challenges for France in the South Pacific)

Author:
Denise Fisher
Publication Date:
12-2015
Content Type:
Special Report
Institution:
Centre d'Etudes et de Recherches Internationales (CERI)
Abstract:
France, which is both an external and resident South Pacific power by virtue of its possessions there, pursues, or simply inherits, multiple strategic benefits. But the strategic context has changed in recent years. China's increased presence; consequent changes in the engagement of the US, Japan and Taiwan; and the involvement of other players in the global search for resources, means that France is one of many more with influence and interests in a region considered by some as a backwater. These shifts in a way heighten the value of France's strategic returns, while impacting on France's capacity to exert influence and pursue its own objectives in the region. At the same time, France is dealing with demands for greater autonomy and even independence from its two most valuable overseas possessions on which its influence is based, New Caledonia and French Polynesia. How it responds to these demands will directly shape the nature of its future regional presence, which is a strategic asset.
Topic:
Political Economy, Natural Resources, Colonialism, Political Science, and Decolonization
Political Geography:
Japan, China, Taiwan, France, Australia, Australia/Pacific, and United States of America

289. A Relationship and a Practice: On the French Sociology of Credit

Author:
Laure Lacan and Jeanne Lazarus
Publication Date:
02-2015
Content Type:
Working Paper
Institution:
Max Planck Sciences Po Center on Coping with Instability in Market Societies (MaxPo)
Abstract:
This paper aims to describe the social studies of credit developed in France over the past dozen years. We argue that this French sociology of credit, mostly centered on France, can be useful for researchers analyzing other countries, with other institutional particularities, because it proposes a specific method and a specific way to raise questions: credit is mostly understood as a result of social interactions embedded in organizational and legal structures. French researchers also deeply analyze the consequences of the organization of the credit market for inequalities, social stratification, and people’s life experiences. The first part of the paper focuses on works that have examined credit as a social test, looking at the institutional, technical, and social frameworks of money lending. Then, credit is understood as a sociological experiment: how is it integrated into household economies? How do people use forms of credit? Finally, the third part concentrates on credit failure, when a bank loan becomes a debt. This aspect is mostly framed in French sociology as “over-indebtedness,” which is an administrative and a social category. Throughout the paper, we address credit as both a relationship and a practice. This approach is heuristic, as we seek to demonstrate, because it enables us to show that credit is a social and political issue.
Topic:
Debt, Economics, Sociology, Inequality, and Credit
Political Geography:
Europe and France

290. The Iran Nuclear Deal: A Monumental Mistake by the Obama Administration or a New Beginning?

Author:
Al Jazeera Center for Studies
Publication Date:
07-2015
Content Type:
Policy Brief
Institution:
Al Jazeera Center for Studies
Abstract:
The nuclear deal reached between Iran and the P5+1, China, France, Germany, Russia, the United States and the United Kingdom, will be scrutinized by diplomats, military experts and politicians for months and years to come. Statesmen and politicians will interpret the deal differently and each will vie to use the argument which suites the audience and the domestic base she/he represents. However, the psychological, economic, political, and military implications of the deal on the United States, Europe and many Middle Eastern countries will be monumental. The deal will impact the balance of power in the Middle East and will change its dynamics forever, change the dynamics of the energy markets in Europe, Thus creating tension between Russia and Europe, and will ignite a fierce security debate between Democrats and Republicans in the United States on the culture of regime change and the use of force. The deal will bring the subject of regime change to the political forefront in the US and will raise a serious question on whether the use of force is the only effective mechanism to change the behavior of states in order to achieve favorable outcomes. Both Republicans and Democrats used force as a tool for regime change, however the Obama administration is a advocating for new means: diplomacy.
Topic:
Security, Nuclear Weapons, Treaties and Agreements, Regime Change, and Geopolitics
Political Geography:
Russia, United States, China, United Kingdom, Iran, Middle East, France, and Germany