Search

Begin New Search Topic International Law Publication Year within 10 Years

131. Notes for the Next UN Secretary-General

Author:
Simon Adams
Publication Date:
10-2016
Content Type:
Commentary and Analysis
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
The United Nations faces an existential crisis. The norms that bind and ‘safeguard humanity’ are currently under threat. The deliberate bombing of hospitals and the indiscriminate killing of civilians has become almost routine in Syria and several other conflicts. Numerous governments and murderous non-state actors (like isis or Boko Haram) are defying international humanitarian and human rights law. This article argues that the solution to the current global exigency and a central challenge facing the next Secretary-General is to achieve an equilibrium shift away from crisis response and towards conflict prevention. This is especially true with regard to preventing mass atrocity crimes (genocide, war crimes, crimes against humanity and ethnic cleansing). Historically, no single issue has done more to tarnish the reputation of the un than the failure to halt atrocities. Under a committed Secretary-General, the un has unique capacity to prevent these crimes.
Topic:
International Law, Displacement, Conflict, Violence, and Responsibility to Protect (R2P)
Political Geography:
United Nations, Syria, and Global Focus

132. R2P Monitor, Issue 28, 15 July 2016

Author:
Global Centre for the Responsibility to Protect
Publication Date:
07-2016
Content Type:
Special Report
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
R2P Monitor is a bimonthly bulletin applying the Responsibility to Protect lens to populations at risk of mass atrocities around the world. Issue 28 looks at developments in Syria, Iraq, Yemen, Sudan, Burma/Myanmar, Democratic Republic of the Congo, Nigeria, South Sudan, Burundi, Israel and the Occupied Palestinian Territories and Central African Republic.
Topic:
Human Rights, International Law, Responsibility to Protect (R2P), and Atrocities
Political Geography:
Iraq, Sudan, Israel, Yemen, Democratic Republic of the Congo, Palestine, Syria, Nigeria, Burundi, Myanmar, South Sudan, and Central African Republic

133. R2P Monitor, Issue 27, 15 May 2016

Author:
Global Centre for the Responsibility to Protect
Publication Date:
05-2016
Content Type:
Special Report
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
R2P Monitor is a bimonthly bulletin applying the Responsibility to Protect lens to populations at risk of mass atrocities around the world. Issue 27 looks at developments in Syria, Iraq, Yemen, Sudan, Burma/Myanmar, Democratic Republic of the Congo, Nigeria, Burundi, Israel and the Occupied Palestinian Territories, Central African Republic and South Sudan.
Topic:
Human Rights, International Law, Responsibility to Protect (R2P), and Atrocities
Political Geography:
Iraq, Sudan, Israel, Yemen, Democratic Republic of the Congo, Palestine, Syria, Nigeria, Burundi, Myanmar, South Sudan, and Central African Republic

134. R2P Monitor, Issue 26, 15 March 2016

Author:
Global Centre for the Responsibility to Protect
Publication Date:
03-2016
Content Type:
Special Report
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
R2P Monitor is a bimonthly bulletin applying the Responsibility to Protect lens to populations at risk of mass atrocities around the world. Issue 26 looks at developments in Syria, Iraq, Yemen, Sudan, Burma/Myanmar, Lake Chad Basin (Cameroon) (Nigeria), Democratic Republic of the Congo, Burundi, Central African Republic, South Sudan, and Libya.
Topic:
Human Rights, International Law, Responsibility to Protect (R2P), and Atrocities
Political Geography:
Iraq, Sudan, Libya, Yemen, Democratic Republic of the Congo, Syria, Nigeria, Burundi, Myanmar, South Sudan, Cameroon, and Central African Republic

135. R2P Monitor, Issue 25, 20 January 2016

Author:
Global Centre for the Responsibility to Protect
Publication Date:
01-2016
Content Type:
Special Report
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
R2P Monitor is a bimonthly bulletin applying the Responsibility to Protect lens to populations at risk of mass atrocities around the world. Issue 25 looks at developments in Syria, Iraq, Yemen, Sudan, Burma/Myanmar, Lake Chad Basin (Cameroon) (Nigeria), Burundi, Central African Republic, South Sudan, Democratic Republic of the Congo and Libya.
Topic:
Human Rights, International Law, Responsibility to Protect (R2P), and Atrocities
Political Geography:
Iraq, Sudan, Libya, Yemen, Democratic Republic of the Congo, Syria, Nigeria, Burundi, Myanmar, South Sudan, Cameroon, and Central African Republic

136. 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

137. 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

138. 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

139. 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

140. The Right to Leave by Sea: Legal Limits on EU Migration Control by Third Countries

Author:
Nora Markard
Publication Date:
07-2016
Content Type:
Journal Article
Abstract:
The EU and its member states are progressively involving third countries in their border control measures at sea. Relevant instruments of cooperative migration control range from capacity building measures to joint patrols in third-country territorial waters and shared surveillance intelligence on ship movements. So far, the discussion on migration control at sea has mainly focused on the illegality of ‘push-backs’ of migrant boats by EU member states to their point of departure. By contrast, the increasing incidence of departure prevention or ‘pull-backs’ by third countries in the service of EU member states has been largely neglected. In particular, such measures raise grave concerns with respect to the right to leave any country, including one’s own. Of central importance during the Cold War, this human right is of no lesser relevance at Europe’s outer borders. This paper explores to what extent departure prevention and pull-back measures are compatible with the right to leave and the law of the sea and discusses the responsibility of EU member states for internationally wrongful acts committed by third countries in such cooperative migration control scenarios.
Topic:
Human Rights, International Law, Migration, Border Control, and Maritime
Political Geography:
Europe and European Union