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Begin New Search Topic International Law Publication Year within 25 Years

531. The North Korean Ballistic Missile Program

Author:
Daniel Pinkston
Publication Date:
02-2008
Content Type:
Working Paper
Institution:
The Strategic Studies Institute of the U.S. Army War College
Abstract:
North Korean ballistic missiles are a direct threat to Northeast Asian security, and North Korean missile proliferation poses a threat to other regions, particularly the Middle East and South Asia. North Korea is an isolated and authoritarian one-party state; the political system is based upon an extraordinary personality cult that idolizes current leader, Kim Jong Il (Kim Chŏng-il), and his deceased father, Kim Il Sung (Kim Il-sŏng). Several factors have contributed to Pyongyang's chronic insecurity including national division, the Korean War, the international politics of the Cold War, and doubts about the commitments of its alliance partners.
Topic:
International Relations, International Law, and Nuclear Weapons
Political Geography:
South Asia, Israel, and North Korea

532. Fugitive Serbian War Criminals and the West

Author:
François Clemenceau
Publication Date:
01-2008
Content Type:
Journal Article
Journal:
European Affairs
Institution:
The European Institute
Abstract:
The two main Serbian war criminals have been protected by the diplomatic goals of the main powers, which were courting Serbia. Europeans wanted to see Belgrade join the EU; Russia wanted to preserve a Slavic bloc; the U.S. deferred to Moscow. Justice lost out, according to this book, yet to be translated into English.
Topic:
International Law, International Organization, War, and International Security
Political Geography:
Russia, United States, Europe, Moscow, and Serbia

533. The Concept of Appeal in International Dispute Settlement

Author:
Noemi Gal-Or
Publication Date:
02-2008
Content Type:
Journal Article
Abstract:
The WTO Appellate Body represents an innovation in international law in that an international adjudication authority now operates as a final instance to hear appeals arising from international arbitral (panel) procedures. It is thereby strongly emulating domestic appellate courts without, however, possessing the characteristics that make appellate courts the institutions of justice that they are. Following this trend in a cutting-edge fashion are several other inter-governmental arrangements that had been either concluded (Central America Free Trade Agreement (CAFTA), the Olivos Protocol in the Southern Common Market (Mercosur)) or proposed (the US Congresses' 2002 Trade Promotion Authority Act, the ICSID Discussion Paper of 22 October 2004, the third draft Free Trade Area for the Americas). They embrace the concept of a permanent international instance for appeal from arbitral awards, particularly regarding investment agreements including also disputes arising between the state (public) and the individual legal person (private).
Topic:
International Law and World Trade Organization
Political Geography:
America

534. The History of International Legal Theory in Russia: a Civilizational Dialogue with Europe

Author:
Lauri Mälksoo
Publication Date:
02-2008
Content Type:
Journal Article
Abstract:
This review essay examines the main breaks and continuities in the history of international legal theory in Russia. In particular, it draws on works by leading Russian international law scholars: Peter Pavlovich Shafirov (1670-1739), Fyodor Fyodorovich Martens (1845-1909), Baron Mikhail Taube (1869-1956), Vladimir Emmanuilovich Hrabar (1865-1956), Fyodor Ivanovich Kozhevnikov (1893-1998) and Grigori Ivanovich Tunkin (1906-1993). The reception of these theoreticians' works in today's Russia is also examined. The history of the discipline in Russia opens itself up as a civilizational dialogue with (Western) Europe. The main questions have been: Is international law universal or fragmented; what is the progressive force in international law? The Russian theory of international law has moved from proving that 'we too are civilized/European' in the early 18th century to an aspiration towards Western European civilization in the 18th and 19th centuries to the break with the West and an affirmation of Russia's own distinctiveness and primacy in the 20th century. Those who hurriedly celebrated Russia's reunion with Europe (and Western liberal theory of international law) following the end of the Cold War should not lose sight of the longer historical perspective and especially the experiment of the 'civilizing'/Europeanizing/liberalizing project in 19th century Russian and Baltic German international law scholarship.
Topic:
Cold War and International Law
Political Geography:
Russia and Europe

535. The European Union as Situation, Executive, and Promoter of the International Law of Cultural Diversity – Elements of a Beautiful Friendship

Author:
Armin Von Bogdandy
Publication Date:
04-2008
Content Type:
Journal Article
Abstract:
Cultural diversity is an important political and legal topos in the European Union. At the same time, the concern for cultural diversity gives reason for grave reservations towards the Union. This article intends to assist, on the basis of international law, in distinguishing appearance and reality. The Union will be analysed first as a situation of the application of the international law of cultural diversity, secondly as the regional executive of this international law, and thirdly as its global promoter. It shows that international law and Union law reinforce each other. The former conveys to the Union instruments to pursue European unification which at the same time serve its own implementation. Furthermore, it does not set limits to European unity since it protects only cultural pluralism but not state-supporting distinctiveness. A prerequisite for this consonance is that the Union's constitutional law allows for political unity without cultural unity and that international law remains mute about important questions on European unification. The international law perspective thus does not fully exhaust the problem: conformity with international law alone cannot dissipate concern for the future of cultural diversity in the Union.
Topic:
International Law and Culture
Political Geography:
Europe

536. The Sociology of International Economic Law: Sociological Analysis of the Regulation of Regional Agreements in the World Trading System

Author:
Moshe Hirsch
Publication Date:
04-2008
Content Type:
Journal Article
Abstract:
International economic law (IEL) is influenced by diverse theoretical approaches. This article emphasizes that international economic activity is a social phenomenon and international trade should also be conceived as a specific type of social interaction. The scarcity of sociological analysis in contemporary IEL literature does not diminish the influence of social factors that are active in the under-explored layer of the international economic arena. Sociological analysis may recast well-known dilemmas in a different manner and generate insights regarding better legal mechanisms for coping with modern challenges faced by IEL. These properties of sociological analysis are illustrated in this article, which addresses one of the most challenging dilemmas in current IEL literature: the relationship between the World Trade Organization (WTO) and regional trade agreements (RTAs). The underlying argument of this article is that the economic dimension of RTAs is overlaid with a sociological dimension. Consequently, the global/regional debate is analysed with new conceptual tools: sociological theories, mainly the structural-functional perspective, the symbolic-interactionist approach, and the social conflict perspective. The core sociological theories lead to different conceptions of IEL and different interpretations of existing WTO legal provisions regarding RTAs. This article argues that while each of the above sociological approaches underscores certain significant aspects of the global/regional debate, the symbolic-interactionist perspective should generally serve as a point of departure for law- and policy-making in this sphere. This approach suggests that the relevant WTO legal rules should be interpreted in a liberal manner.
Topic:
Economics, International Law, and World Trade Organization

537. Carving up the Internet: Jurisdiction, Legal Orders, and the Private/Public International Law Interface

Author:
Thomas Schultz
Publication Date:
09-2008
Content Type:
Journal Article
Abstract:
The Internet is caught between old forces of local territorialism and new forces characteristic of global economies. As a result, this article maintains that it may end up being carved or fragmented into discrete legal spheres. This development contradicts with the hitherto traditional vision of the Internet as a paradigmatic example of a borderless world of global transnationalism. This fragmentation is taking two forms: one vertical which reflects concerns of public policy and the protection of local values, the other horizontal which is driven by the rationale of commercial efficiency. The former (vertical), if not understood and handled properly, may lead to an informational impoverishment of the Internet. One response to this risk resides in new configurations of the appropriate jurisdictional bases for assertions of state power. I argue in favour of a double standard of jurisdiction for the regulation of Internet content: one, based on the principle of targeting, used to sanction behaviour, the other, an incarnation of the effects doctrine, used to prevent actions and fulfil the cathartic function of law. The latter (horizontal) form of fragmentation should lead us to rethink certain aspects of the concept of law, in particular with regard to legal pluralism, and to discover new places where law is to be found.
Topic:
International Law

538. Trafficking Networks for Chemical Weapons Precursors: Lessons from the Iran-Iraq War of the 1980s

Author:
Jonathan B. Tucker
Publication Date:
11-2008
Content Type:
Working Paper
Institution:
James Martin Center for Nonproliferation Studies
Abstract:
States seeking to produce chemical weapons (CW) typically rely on the importation of intermediate chemicals called “precursors,” which have legitimate industrial applications but can also be converted into military-grade CW agents, such as mustard gas or sarin. The dual-use nature of precursor chemicals poses challenges for policy makers seeking to prevent CW proliferation. Under U.S. Department of Commerce regulations, manufacturers planning to export CW precursors to certain countries must obtain prior government authorization in the form of an export license. Yet despite significant improvements over the past decade in the export-control systems of the United States and other industrialized countries, trafficking in precursors and other dual-use items relevant to CW production has continued.
Topic:
Crime, International Law, International Trade and Finance, and Weapons of Mass Destruction
Political Geography:
United States, Iraq, and Iran

539. Merging Security from the Two Level Game: Inserting the Treaty of Prüm into EU law?

Author:
Elspeth Guild
Publication Date:
03-2007
Content Type:
Policy Brief
Institution:
Centre for European Policy Studies
Abstract:
On 27 May 2005, seven EU member states signed the Prüm Treaty to promote cross-border cooperation, aimed particularly at combating terrorism, cross-border crime and illegal migration. In response, we published a critical analysis of the measure, in which we expressed reservations on three grounds: The treaty format in a field of EU activity produces negative externalities for the EU's area of freedom, security and justice by circumventing the EU framework; Reverting to an intergovernmental arena excludes the European Parliament at a time when its role in democratic scrutiny of the area of freedom, security and justice is critical; The effect of the Prüm Treaty is to weaken the EU rather than to strengthen it, as it postpones an important debate among all the member states about cross-border cooperation in policing and creates the impression that a small group of member states seek to impose their view on the rest.
Topic:
Security, International Law, and Treaties and Agreements
Political Geography:
Europe

540. Oligopolies of Violence in Post-Conflict Societies

Author:
Daniel Lambach
Publication Date:
11-2007
Content Type:
Working Paper
Institution:
German Institute of Global and Area Studies
Abstract:
In post-conflict societies, security is provided by a broad range of actors including the state as well as various non-state formations. The paper identifies three types of post-conflict societies and analyses dynamics of the security market in cases where international troops have intervened. A comparison of seven countries shows that intervention forces were able to establish themselves as market leaders when a disarmament, demobilization and reintegration (DDR) program was successfully conducted in the immediate post-conflict period. Such a program should be embedded in an inclusive peace agreement that is backed up by a credible and robust troop commitment from the international community.
Topic:
Conflict Resolution, International Law, National Security, and Political Economy