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331. Editorial

Publication Date:
11-2012
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Once more the Goettingen Journal of International Law was involved in organizing an international conference and publishing the contributions. On 9 and 10 March 2012 scholars from Germany, Israel and Norway assembled in the “Paulinerkirche” in Goettingen to present their research on “Precursors to International Constitutionalism: The Development of the German Constitutional Approach to International Law”. The symposium was the final step of a research project organized by the Institute of International and European Law of the Georg-August University Goettingen and the Minerva Center for Human Rights, Hebrew University, Jerusalem. Its central idea is that international constitutionalism is not only a topic contemporarily much discussed, but finds its precursors in earlier “German” constitutional approaches.
Topic:
International Law
Political Geography:
Israel and Germany

332. Precursors to International Constitutionalism: The Development of the German Constitutional Approach to International Law Introduction

Author:
Tomer Broude and Andreas L. Paulus
Publication Date:
11-2012
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Over the last decade, international constitutionalism has been the focal point of contemporary international legal debate and practice, as evidenced inter alia by the Kadi-Jurisprudence of the European Courts and the burgeoning literature that employs constitutional as well as fragmentation terms with respect to modern international law. The discourse deals with the pluralistic structure of modern international law, post-national law and constitutional diversity, as well as the quest for an international rule of law, the shifting allocation of authority in international law and the possible demise of general international law. This seemingly new discourse is all- pervasive, with implications in international politics, law, trade, human rights and, global environmental law.
Topic:
International Law
Political Geography:
Europe and Germany

333. German Federalist Thinking and International Law

Author:
Dirk Hanschel
Publication Date:
11-2012
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
This paper examines the explanatory and the prescriptive value of German (and related) federalist ideas with regard to the constitutionalization of international law. The author contends that respective scholars have, on the one hand, developed federalist thought with regard to the national constitutional level which may help to explain or shape international processes of constitution-building. On the other hand, they have themselves promoted international federalism as a natural extension of their national constitutional doctrine, hence partially weakening the classical dichotomy between national and international law.
Topic:
International Law
Political Geography:
Germany

334. Alfred Verdross as a Founding Father of International Constitutionalism?

Author:
Thomas Kleinlein
Publication Date:
11-2012
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Alfred Verdross was one of the first scholars who transferred a meaningful concept of constitution to international law. Like international constitutionalists today, he aimed at establishing the autonomy of international law vis-à-vis State sovereignty and State consent. With his theory of moderate monism, Verdross refers to a further issue raised by today's multilevel constitutionalism, i.e. the relationship between international and domestic law. In contrast to some modern approaches, Verdross's use of the term 'constitution' in international law was only metaphorical. More ambitiously, international constitutionalism also serves as a kind of meta-theory for international law in the present debate.
Topic:
International Law
Political Geography:
United Nations

335. Making it Whole: Hersch Lauterpacht's Rabbinical Approach to International Law

Author:
Reut Yael Paz
Publication Date:
11-2012
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
This article seeks to contextualize the international legal contributions of Hersch (Zvi) Lauterpacht (1897-1960) against his specific historical conditions. It therefore begins with an overview of his biography. The intention is to emphasize his Jewish background in the context of the overlapping cultural and social influences of his time. The article then moves to deal with the three main pillars of Lauterpacht's theoretical approach to international law – his 'Kelsenian twist', the individual and nation State sovereignty. The purpose here is review them in light of his Jewish affinity and German-speaking legal education. The article is concluded with the argument that our understanding of Lauterpacht's international legal contributions could be infinitely richer when and if they are reread against a Babylonian Talmudic text, which is used below in an analogical fashion.
Topic:
International Law
Political Geography:
Germany

336. Legalization of International Politics: On the (Im)Possibility of a Constitutionalization of International Law from a Kantian Point of View

Author:
Phillip-Alexander Hirsch
Publication Date:
11-2012
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
In the debate on the constitutionalization of international law, Kant's work Toward Perpetual Peace is the most important point of reference when talking about the intellectual origin and philosophical background of the idea of constitutionalizing international law. But while it is undeniable that Kant called for a juridification of international relations, it is far less clear which form of juridification Kant aims at . In this essay, I want to show that Kant's ultimate ideal of international law is neither a State of States nor the peace federation (which seems to be commonly accepted), but the cosmopolitan republic , that is, a single homogenous world State. Only such a cosmopolitan republic, backed up by enforceable laws, can be called a constitution in the Kantian sense. Kant's proposal of a peace federation is nothing but a first step towards this ultimate end.
Topic:
International Law
Political Geography:
United Nations

337. Why Global Constitutionalism Does not Live up to its Promises

Author:
Christian Volk
Publication Date:
11-2012
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
This paper argues that cosmopolitan constitutionalism suffers from a liberal bias when it comes to comprehend the challenges and conflicts of international politics. This liberal bias becomes obvious in the way cosmopolitan constitutionalism conceives the meaning and function of democracy in global governance. For the cosmopolitan constitutionalism, democracy is mainly thought of as a mechanism to guarantee a political process that brings about reasonable, sustainable and fair compromises between the diverging interests of states and individuals.
Topic:
International Law
Political Geography:
America

338. A Global Trust for Rule of Law

Author:
Mark P. Lagon
Publication Date:
10-2012
Content Type:
Policy Brief
Institution:
Council on Foreign Relations
Abstract:
The rule of law is critical for people to have a meaningful opportunity to thrive. Still, for billions of people around the world today, the rule of law exists on paper but not in practice. Even though a theme for the United Nations General Assembly High-Level Panel in fall 2012 is rule of law, various UN programs devoted to rule of law have not had a transformative impact. Traditional intergovernmental institutions will never offer enough to achieve systemic change. To supplement them and achieve what they alone cannot, the United States should take the lead to forge a more nimble partnership with public, private, and nonprofit sectors and establish a Global Trust for Rule of Law (“Global Trust”). Similar to the Global Fund to Fight AIDS, Tuberculosis and Malaria (“Global Fund”), a diverse board of donor states, philanthropists, rule of law experts, and civil society representatives would run this Global Trust. Its purpose would be to build developing nations' capacity to implement rule of law and unleash the potential of marginalized groups worldwide, promoting not only human dignity but, crucially, global economic growth.
Topic:
Development, Economics, Human Rights, International Cooperation, International Law, Non-Governmental Organization, and United Nations
Political Geography:
United States

339. South China Sea: Core Interest Extraordinaire

Author:
Martin A Sebastian
Publication Date:
07-2012
Content Type:
Policy Brief
Institution:
Maritime Institute of Malaysia
Abstract:
China's powerful Central Military Commission has approved the formal establishment of a military garrison for the disputed South China Sea, the state media has announced, a move which could further boost tensions in already fractious region. This news comes after China established the city of Sansha, on 21 June as a rhetoric to Vietnam's Maritime Law announcement on the same day. Vietnam's Maritime Law which reportedly takes effect early 2013, forms a legal framework to serve the utilisation, management and protection of Vietnam's sea and islands, including the Paracels and Spratlys, as well as the development of sea-borne economy, so as to facilitate it's international integration and boost cooperation with other countries.
Topic:
Development, International Law, International Trade and Finance, Maritime Commerce, and Territorial Disputes
Political Geography:
China

340. The moment of truth: how the EU can build the ground for lasting environmental policy change in Morocco

Author:
Eva-Maria Maggi
Publication Date:
06-2012
Content Type:
Policy Brief
Institution:
The Kolleg-Forschergruppe (KFG)
Abstract:
The stage of implementation is the moment of truth for every attempt to change a policy. Accordingly, the European Union (EU) can only promote lasting policy change within its Neighborhood Policy (ENP) if reforms are reaching the ground. In Morocco, the EU promoted environmental reform agenda is often successfully adapted into national law, but its application is lacking. The cases of Morocco's water and renewable energy show that administrative capacity and the interests of domestic actors are crucial in supporting a comprehensive change in environmental policy.
Topic:
Climate Change, Energy Policy, Environment, and International Law
Political Geography:
Europe, North Africa, and Morocco