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Begin New Search Topic International Law Publication Year within 25 Years

491. La jurisprudence de la Cour Internationale de Justice

Author:
Karin Oellers-Frahm
Publication Date:
02-2009
Content Type:
Journal Article
Abstract:
The jurisprudence of the International Court of Justice gains more and more importance, in particular because not only are so-called 'secondary' cases, that is cases of alleged secondary importance such as delimitation of land or maritime boundaries cases, brought before it, but also rather sensitive and highly political cases involving questions of use of force and self-defence. Furthermore, the Court is seised of cases involving states of all parts of the world, which also marks a positive development compared to its early times. Therefore, the jurisprudence of the ICJ plays a predominant role in all domains of international law and is of concern not only to those involved in international law, international relations, or international organizations, but also to national lawyers and politicians. The idea, therefore, of providing the international community with a publication that gives an overview of the jurisprudence of the ICJ (and thus allows easy access to its case law) is to be welcomed.
Topic:
International Relations, International Law, and International Organization

492. Piracy off the Coasts of Somalia

Author:
Bjoern Moeller
Publication Date:
01-2009
Content Type:
Policy Brief
Institution:
Danish Institute for International Studies
Abstract:
The piracy problem off the coasts of Somalia veritably exploded in 2008, due to a mixture of push and pull factors. The general misery in the country pushed Somalis into piracy, and the high earnings from successful pirate attacks pulled businessmen into the pirate business. The international community has sent several patrols to the area, but the decisive factor is what happens on the ground in Somalia.
Topic:
Crime, International Law, and International Affairs
Political Geography:
Africa and Somalia

493. European Games Institutional Innovation: The Making of Eurojust (1996-2004)

Author:
Michel Mangenot
Publication Date:
01-2009
Content Type:
Working Paper
Institution:
Centre for European Political Sociology
Abstract:
Eurojust is the new judiciary co-operation unit of the European Union. This article analyses the decision-making process behind its creation, explained in terms of 'institutional games'. The establishment of Eurojust illustrates the specificities of European institutional configurations and the interactions occurring in Brussels among officials, judges and ministers. Moreover, it elucidates the important role of the leadership of the General Secretariat of the Council, and the socialisation and specialisation of a group with a high level of intellectual resources, willing to participate to the 'noble' task of institutional innovation. This article defines the determining factors of intense interinstitutional competition, where the Commission and OLAF adhere to autonomous and parliamentary principles. Furthermore, it takes into account the specific work undertaken by the Presidency (or Presidencies), as well as the decisive role of the Intergovernmental Conference, which, through the means of a high level of decision-making, enables specific moves to be made in the games.
Topic:
Conflict Resolution, Government, International Law, and Treaties and Agreements
Political Geography:
Europe

494. Pirates off the port side! Old problem - new topicality

Author:
Bjørn Møller
Publication Date:
02-2009
Content Type:
Working Paper
Institution:
Danish Institute for International Studies
Abstract:
Piracy is an old problem which is now again attracting attention, mainly because of the surge of pirate attacks off the coasts of Somalia. Closer analysis shows the problem to be of quite modest proportions. The international naval protection of merchant shipping holds out some prospects of containing the problem, but it is most likely to solve itself. If international shipping opts for the route south of Africa, piracy will die out for a lack of targets. Maritime terrorism is, likewise, a problem of very limited proportions. It is often conflated with piracy, but there are significant differences between the two phenomena, the latter being undertaken for selfish reasons, the former for the sake of some higher cause. Whereas it is conceivable that maritime terrorists will gradually transform themselves into pirates, a transformation in the opposite direction is well Nigh inconceivable. Besides the analysis of these two phenomena, the overlap between them and certain naval strategies are also briefly touched upon.
Topic:
Security, Crime, International Law, and International Security
Political Geography:
Africa and Somalia

495. A Fair Deal on Seabed Wealth: The Promise and Pitfalls of Article 82 on the Outer Continental Shelf

Author:
Cleo Paskal and Michael Lodge
Publication Date:
02-2009
Content Type:
Policy Brief
Institution:
Chatham House
Abstract:
Approximately 70 of the 156 States that have ratified the 1982 UN Convention on the Law of the Sea have potential Outer Continental Shelf Claims (OCS). Those claims could cover more than 15 million square kilometres of seabed. Under Article 82 of the Convention, a portion of the revenue from the extraction of non-living resources on the OCS must be disbursed 'on the basis of equitable sharing criteria, taking into account the interests and needs of developing States, particularly the least developed and the land-locked among them.' Article 82 is a unique and complex provision that does not address many of the specifics of how this is to be accomplished. The Energy, Environment and Development Programme at Chatham House is working with the body charged with applying Article 82, the International Seabed Authority, to explore in greater detail some of the critical issues of implementation while the Article is still dormant.
Topic:
International Relations, Energy Policy, Environment, International Law, Treaties and Agreements, and United Nations

496. The Responsibility to Contain: Protecting Sovereignty Under International Law

Author:
Michael Chertoff
Publication Date:
01-2009
Content Type:
Journal Article
Journal:
Foreign Affairs
Institution:
Council on Foreign Relations
Abstract:
International law must find a way to combat modern threats, but it cannot diminish U.S. sovereignty in doing so.
Topic:
International Law
Political Geography:
United States

497. A Draft Convention on Illicit Trade in Precious Metals and Precious Gems

Author:
Jonas Hartelius
Publication Date:
02-2009
Content Type:
Policy Brief
Institution:
EastWest Institute
Abstract:
Precious metals and gemstones have long been valued for their aesthetic properties and ability to retain (or increase) their value. Many precious metals today are also used in the manufacture of high technology commodities. Their high value makes precious metals and precious gems attractive to criminals. They have several functions in the criminal economy: They are attractive goods for theft and other forms of criminal acquisition, calling for special protection on the part of the owners and governments. They can be used for re-circulating stolen goods, including jewelry, antiques, and works of art, through fragmentation, smelting, and other forms of destruction or transformation. Such processes reduce or even destroy the commercial or cultural value of the material, but they also increase the difficulties for police and other authorities to trace the material and bring criminals to justice. They can be used for transporting and transferring valuables outside regular channels and thus finance war, civil conflicts, terrorism, and other forms of dangerous crime. They can be used to hide criminal assets and thus make recovery more difficult. They can be used for tax evasion through smuggling, hiding of assets, etc. The full extent or value of criminal activities with precious metals and precious gems has not been fully investigated. It can safely be assumed, however, that the criminal market in these goods is considerable.
Topic:
Globalization, International Law, International Trade and Finance, Treaties and Agreements, and United Nations
Political Geography:
United States

498. Non-Military Organizations Should Lead on "Nation Building"

Author:
Courtney N. Meyers
Publication Date:
01-2009
Content Type:
Journal Article
Journal:
European Affairs
Institution:
The European Institute
Abstract:
Timed for the Obama administration's Pentagon, this RAND study says government leaders should take more account of the lessons learned from people "on the ground" in recent successful (and unsuccessful) ventures in state-rebuilding. Best practice means strong local command (involving the military under civilian leadership) which is heeded in national capitals.
Topic:
International Law and United Nations
Political Geography:
United States and America

499. Counting the Costs of Somali Piracy

Author:
Raymond Gilpin
Publication Date:
07-2009
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
Roughly the same size of France and six times the size of the U.S. state of Virginia, Somalia has a 3,025 km coastline (longer than the U.S. portion of the Gulf of Mexico, which is some 2,700 km ) on the northeastern corner of Africa. Its recent history has been marred by violence and instability. Since the fall of the Siad Barre regime in 1991, there have been more than a dozen attempts to forge political consensus and establish a functioning central government. 1 Although the Transnational Federal Government was established in 2003, with its capital in the southern city of Mogadishu, it remains fairly ineffective. De facto, Somalia is governed by a system of clans operating in three relatively autonomous regions – Somaliland in the northwest, Puntland in the northeast and Central Somalia in the central and southern regions.
Topic:
Crime, International Law, and Maritime Commerce
Political Geography:
Africa, United States, France, Mexico, Somalia, Virginia, Puntland, and Mogadishu

500. Soykırım Suçu ve Devletin Sorumluluğu: Uluslararası Adalet Divanı'nın Bosna-Hersek v. Sırbistan-Karadağ Kararı

Author:
Ozan Değer
Publication Date:
09-2009
Content Type:
Journal Article
Journal:
Uluslararasi Iliskiler
Institution:
Uluslararasi Iliskiler
Abstract:
Genocide, as an act and a violation of law, place at the top of the hierarchy of crimes and is qualified as crime of crimes. Essentially, being evaluated within the frame of international law, this crime gradually has been come within the scope of the national law. Either the conception or the crime of genocide was composed because of the massacres executed during the WWII, mainly. The basic legal arrangement about the crime was passed at 9 December 1948 and come into effect at 12 January 1951 named United Nations Convention on the Prevention and Punishment of the Crime of Genocide. Convention is obliged the states on the prevention and the punishment of the crime of genocide. Since international criminal courts/tribunals are restricted by the principle of individual criminal responsibility and the Convention incurs the obligation on states, the violation of the Convention causes the responsibility of states. This article, under the light of the conceptional and legal frame, discusses the obligations and responsibilities incur by the Convention and the dramatic judgment of the ICJ, in short, the place and situation of crime of genocide and state responsibility at the legal texts and international jurisprudences.
Topic:
Genocide and International Law
Political Geography:
Global Focus