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22. The Value of the European Court of Human Rights to the United Kingdom
- Author:
- Merris Amos
- Publication Date:
- 07-2017
- Content Type:
- Journal Article
- Abstract:
- National debates concerning the appropriate role of the European Court of Human Rights (ECtHR) in the United Kingdom (UK) recently intensified with the suggestion by the government that the UK might leave the European Convention on Human Rights system. It has been argued that a British Bill of Rights, to replace the current system of national human rights protection provided by the Human Rights Act 1998, would provide better protection than the ECtHR, making its role in the national system redundant. Claiming that the ECtHR is legitimate and has an impact that is usually illustrated by the transformative power of judgments more than 10 years’ old, have not provided a convincing answer to this claim. In this article, rather than legitimacy or impact, the value of the ECtHR to the objective of protecting human rights through law is assessed. Three different levels of value are identified from the relevant literature and then applied to the judgments of the Court concerning the UK from 2011 to 2015 to determine what has happened in practice. It is concluded that given that the UK government’s objective remains to protect human rights through law, although some types of value are now more relevant than others, overall the potential value of the Court to the UK in achieving this objective is still clearly evident.
- Topic:
- Human Rights, International Law, and Courts
- Political Geography:
- United Kingdom and Europe
23. The Responsibility to Protect beyond Borders in the Law of Nature and Nations
- Author:
- Luke Glanville
- Publication Date:
- 10-2017
- Content Type:
- Journal Article
- Abstract:
- While histories of human rights have proliferated in recent decades, little attention has been given to the history of thinking about duties to protect these rights beyond sovereign borders. We have a good understanding of the history of duties of sovereign states to ensure the safety and well-being of their own citizens and of the right of other states to forcefully intervene when these duties are violated. But the story of the development of thinking about duties to assist and protect the vulnerable beyond borders remains to be told. This article defends the importance of excavating and examining past thinking about these duties. It then sketches key aspects of Western natural law thinking about such duties, from Francisco de Vitoria through to Immanuel Kant, claiming that such study holds the promise of exposing from where ideas that prevail in international law and politics have come and retrieving alternative ideas that have been long forgotten but that may reward renewed consideration. It concludes by briefly outlining how three such retrieved ideas might be of particular use for those seeking to push international law and politics in a more just direction today.
- Topic:
- Human Rights, International Law, Sovereignty, History, Humanitarian Intervention, and Philosophy
- Political Geography:
- Europe and Global Focus
24. Feminist Strategy in International Law: Understanding Its Legal, Normative and Political Dimensions
- Author:
- Catherine O'Rourke
- Publication Date:
- 10-2017
- Content Type:
- Journal Article
- Abstract:
- While international law has typically waxed and waned in feminist favours, contemporary feminist engagements reveal a strongly critical, reflective thrust about the costs of engaging international law and the quality of ostensible gains. To inform this reflection, this article draws on feminist scholarship in international law – and a specific feminist campaign for the implementation of United Nations Security Council Resolution 1325 (2000) on Women, Peace and Security in Northern Ireland – to distil three distinct feminist understandings of international law that underpin both theory and advocacy. International law is understood, first, as a system of rules to which states are bound; second, as an avenue for the articulation of shared feminist values; and, third, as a political tool to advance feminist demands. The study finds that feminist doctrinalists, and those working within the institutions of international law, share concerns about the resolution’s legal deficiencies and the broader place of the Security Council within international law-making. These concerns, however, are largely remote for local feminist activists, who recognize in the resolution important political resources to support their mobilization, their alliances with others and, ultimately, it is hoped, their engagement with state actors. The article concludes that critical reflection on feminist strategy in international law is usefully informed by more deliberate consideration of its legal, political and normative dimensions as well as by an awareness that these dimensions will be differently weighted by differently situated feminist actors.
- Topic:
- International Law, United Nations, Women, and Feminism
- Political Geography:
- Europe and Northern Ireland
25. Doris Leuthard, President of Switzerland
- Author:
- Doris Leuthard
- Publication Date:
- 09-2017
- Content Type:
- Video
- Institution:
- Columbia University World Leaders Forum
- Abstract:
- Her Excellency Doris Leuthard, President of the Swiss Confederation, addresses the Columbia University World Leaders Forum in Low Library.
- Topic:
- Conflict Resolution, Development, Globalization, Human Rights, International Law, and Peacekeeping
- Political Geography:
- Europe and Switzerland
26. The Integrity of States: Corruption in the EU's Southern Neighbourhood. Arab Transformations Policy Brief No 6
- Author:
- Andrea Teti and Pamela Abbott
- Publication Date:
- 04-2017
- Content Type:
- Policy Brief
- Institution:
- Arab Transformations Project, University of Aberdeen
- Abstract:
- Corruption is the antithesis of the Rule of Law and erodes the discourse of fairness and mutual consideration which is necessary for peace, prosperity and socioeconomic development. It increases the risk of state capture and resistance to change by the political elite. It results in poor public management and resource allocation and an inequitable distribution of resources and national wealth. It is a problem not just for individual countries but also for harmonious diplomatic and economic relations. The European Union’s Neighbourhood Policy is intended to help its near neighbours develop into a sustainable economic, social and political stability. At the same time the EU deploys normative leadership to promote a social and political security based on a respect for human rights, a dependence on the Rule of Law and a style of governance which can listen to its people and can face replacement, if need be, without the need for armed confrontation. For this, the extent of corruption in MENA is a serious problem. Keywords: Corruption, Middle East, Arab Spring
- Topic:
- Corruption and International Law
- Political Geography:
- Europe and Middle East
27. Hebrew Sources in the Doctrine of the Law of Nature and Nations in Early Modern Europe
- Author:
- Charles Leben
- Publication Date:
- 01-2016
- Content Type:
- Journal Article
- Abstract:
- This article sets out to re-examine Hebrew sources in the doctrine of the law of nations of the 17th century, from Gentili’s De Jure Belli Libri Tres (although it strictly belongs to the 16th century since it was first published in 1598) to Pufendorf’s De Jure Naturae et Gentium (1672). It incontrovertibly confirms the importance of Jewish sources in the general intellectual education of the founding fathers of international law and in their general political philosophy while limiting their role with respect to the construction of international law in the strict and contemporaneous sense of the term.
- Topic:
- International Law, Religion, Political Theory, History, Law, and Judaism
- Political Geography:
- Europe and Mediterranean
28. Shifting Sands: Power, Uncertainty and the Form of International Legal Cooperation
- Author:
- Timothy Meyer
- Publication Date:
- 01-2016
- Content Type:
- Journal Article
- Abstract:
- This article argues that the form of international agreements – binding hard law agreements versus non-binding soft law agreements – can be partially explained by states’ interests in promoting renegotiation in the presence of uncertainty and shifting power. I make this argument in three steps. First, I explain that states regularly use unilateral non-compliance as a renegotiation strategy. Second, I argue that making an agreement soft facilitates this use of unilateral non-compliance. Third, I analyse the conditions – uncertainty characterized by common interests (but not uncertainty characterized by distributive concerns) and shifting power – under which facilitating renegotiation through soft law will appeal to states. In particular, I argue that in the presence of these conditions preventing renegotiation creates long-term costs for states that can inhibit short-term cooperation. In effect, under these conditions the shadow of the future can inhibit cooperation rather than support it, as is conventionally thought. These conditions are common to many major contemporary subjects of international cooperation in a way they were not during the latter half of the 20th century, partially explaining the increased importance of soft law to contemporary international governance.
- Topic:
- International Relations, International Law, International Trade and Finance, Treaties and Agreements, and United Nations
- Political Geography:
- Europe, United Nations, and Global Focus
29. Backlash against International Courts in West, East and Southern Africa: Causes and Consequences
- Author:
- Karen J. Alter, James T. Gathii, and Laurence R. Helfer
- Publication Date:
- 01-2016
- Content Type:
- Journal Article
- Abstract:
- This article discusses three credible attempts by African governments to restrict the jurisdiction of three similarly situated sub-regional courts in response to politically controversial rulings. In West Africa, when the Court of the Economic Community of West African States (ECOWAS) upheld allegations of torture by opposition journalists in Gambia, that country’s political leaders sought to restrict the Court’s power to review human rights complaints. The other member states ultimately defeated Gambia’s proposal. In East Africa, Kenya failed in its efforts to eliminate the East African Court of Justice (EACJ) and to remove some of its judges after a decision challenging an election to a sub-regional legislature. However, the member states agreed to restructure the EACJ in ways that have significantly affected the Court’s subsequent trajectory. In Southern Africa, after the Southern African Development Community (SADC) Tribunal ruled in favour of white farmers in disputes over land seizures, Zimbabwe prevailed upon SADC member states to suspend the Tribunal and strip its power to review complaints from private litigants. Variations in the mobilization efforts of community secretariats, civil society groups and sub-regional parliaments explain why efforts to eliminate the three courts or narrow their jurisdiction were defeated in ECOWAS, scaled back in the EACJ and largely succeeded in the SADC.
- Topic:
- Civil Society, Human Rights, International Law, and Courts
- Political Geography:
- Kenya, Africa, Europe, South Africa, Zimbabwe, and Gambia
30. Shifting Sands: Power, Uncertainty and the Form of International Legal Cooperation
- Author:
- Timothy Meyer
- Publication Date:
- 01-2016
- Content Type:
- Journal Article
- Abstract:
- This article argues that the form of international agreements – binding hard law agreements versus non-binding soft law agreements – can be partially explained by states’ interests in promoting renegotiation in the presence of uncertainty and shifting power. I make this argument in three steps. First, I explain that states regularly use unilateral non-compliance as a renegotiation strategy. Second, I argue that making an agreement soft facilitates this use of unilateral non-compliance. Third, I analyse the conditions – uncertainty characterized by common interests (but not uncertainty characterized by distributive concerns) and shifting power – under which facilitating renegotiation through soft law will appeal to states. In particular, I argue that in the presence of these conditions preventing renegotiation creates long-term costs for states that can inhibit short-term cooperation. In effect, under these conditions the shadow of the future can inhibit cooperation rather than support it, as is conventionally thought. These conditions are common to many major contemporary subjects of international cooperation in a way they were not during the latter half of the 20th century, partially explaining the increased importance of soft law to contemporary international governance.
- Topic:
- International Law, International Trade and Finance, Treaties and Agreements, and United Nations
- Political Geography:
- Europe, United Nations, and Global Focus