Search

Begin New Search Topic International Law Publication Year within 25 Years

541. Reform of Global Governance: Priorities for Action

Author:
Colin Bradford and Johannes Linn
Publication Date:
10-2007
Content Type:
Policy Brief
Institution:
The Brookings Institution
Abstract:
Many of today's international institutions were created at the end of World War II, more than 60 years ago. Since then they have responded in many significant ways to the challenges arising during the second half of the 20th century, including decolonization, the end of the cold war, global security, environmental threats, and global poverty. Even though many new global and regional organizations were added since 1945 — when the United Nations was created and the Bretton Woods organizations opened their doors — very little has been altered in the basic structure of these global institutions.
Topic:
International Law, International Organization, Regional Cooperation, and United Nations

542. Accommodating Indigenous Peoples within the Human Rights Regime:The Case of Awas Tingni v. Nicaragua

Author:
Amy E. Eckert
Publication Date:
06-2007
Content Type:
Working Paper
Institution:
Human Rights Human Welfare (University of Denver)
Abstract:
Some critics allege that the human rights regime is based upon the values of liberal individualism and therefore inappropriate for communities that do not share a commitment to these values (Pollis and Schwab 1979). Such critics characterize human rights as being either irrelevant because of the lack of fit between liberal individualism and more community-based cultures or, even worse, as an imperialist tool in the hands of the West. However, the individual rights that are secured by the international human rights regime can be used for a variety of different purposes, including both liberal and non-liberal ends. A person, or a group of persons, may use the individual freedoms secured by international human rights treaties to express opinions that are entirely inconsistent with, or even in certain respects contrary to, liberal political ideals. To restrict the rights of this individual to the expression of liberal ideals would be, ultimately, inconsistent with the idea of freedom underlying these rights. Because liberalism values the autonomy of the individual (and, arguably, the autonomy of the community) above that individual's willingness to embrace any particular ideas, a liberal approach to human rights enables individuals and communities to utilize their rights and freedoms in a broad manner of ways. Recent progress in the area of indigenous rights underscores the extent to which the rights secured by the international human rights regime, though expressed in liberal individualistic terms, can nevertheless be used to secure non-liberal communitarian goals.
Topic:
Human Rights, Human Welfare, International Law, and International Organization
Political Geography:
Central America and Nicaragua

543. Crime and Punishment: Holding States Accountable

Author:
Anthony F. Lang, Jr.
Publication Date:
06-2007
Content Type:
Journal Article
Institution:
Carnegie Council
Abstract:
Should states be held responsible and punished for violations of international law? The recent ruling by the International Court of Justice that Serbia cannot be held responsible for genocide in Bosnia reflects the predominant international legal position. But, such a position leaves open the possibility that states or non-state agents can never be held responsible for international crimes. This article argues that they can and should be. While most international ethicists and legal theorists reject the punishment of corporate entities such as states, this article argues that certain types of international violations can only be undertaken by states, and, as a result, states must be bear the responsibility for them. Drawing on some neglected strands in international law and political theory, the article sketches a potential institutional framework for the punishment of state crimes, particularly genocide and aggression.
Topic:
International Law
Political Geography:
Bosnia and Serbia

544. People without Borders for Borders without People: Land, Demography, and Peacemaking under Security Council Resolution 242

Author:
Jamil Dakwar
Publication Date:
09-2007
Content Type:
Journal Article
Journal:
Journal of Palestine Studies
Institution:
Institute for Palestine Studies
Abstract:
UN Security Council Resolution 242, drafted to deal with the consequences of the 1967 war, left the outstanding issues of 1948 unresolved. For the first time, new Israeli conflict-resolution proposals that are in principle based on 242 directly involve Palestinian citizens of Israel. This essay explores these proposals, which reflect Israel's preoccupation with maintaining a significant Jewish majority and center on population and territorial exchanges between Israeli settlements in the West Bank and heavily populated Arab areas inside the green line. After tracing the genesis of the proposals, the essay assesses them from the standpoint of international law.
Topic:
Security and International Law
Political Geography:
New York, America, Middle East, and Israel

545. The Doha Round and Beyond: Towards a lasting relationship between the WTO and the international environmental regime

Author:
Richard Tarasofsky and Alice Palmer
Publication Date:
02-2007
Content Type:
Working Paper
Institution:
Chatham House
Abstract:
The vast majority of the world's governments have signed up to both the rules of the World Trade Organization (WTO) and to the major multilateral environmental agreements (MEAs). However, the relationship between these bodies of law is a troubled one. There are potential conflicts between the rules and procedures, as well as areas where more positive synergies between policy objectives have yet to be achieved. The net effect is legal and political uncertainty, impeding optimal global governance of both trade and environment objectives. In particular, as pressures grow to develop more stringent economic obligations to address global climate change problems, there is an increasing possibility of a damaging clash between the WTO and MEA regimes. This paper sets out options for avoiding these conflicts and building positive relationship between international trade and environmental objectives.
Topic:
International Law, International Political Economy, International Trade and Finance, and Treaties and Agreements

546. Corruption in China: half-way over the Great Wall

Author:
Keith Henderson
Publication Date:
04-2007
Content Type:
Working Paper
Institution:
Academy of Political Science
Abstract:
The legal-judicial transformation taking place behind China's Great Wall outpaces most other developing and transitional countries, but is reaching a critical crossroads. If the pace of judicial reform is maintained and implemented, it has the potential to impact on China and the world's future as much as the economic reforms of the last two decades, if not more so. The judicial system is emerging as a key institution in the reform process, and key decisions related to judicial independence in coming years will largely determine China's stature and place within the global community, and the government's relationship with its citizens. In a relatively short period of time, new criminal, civil and administrative law codes, anti- corruption laws, as well as thousands of judicial, economic and administrative regulations have either been passed, repealed or undergone substantial reform. Property rights and institutional reforms have also been enshrined in the constitution, an important Judges Law professionalising the judiciary has been passed and a number of important treaties have now been ratified. For the first time in modern Chinese history, the courts and legal profession are slowly but surely emerging as important, professional institutions with growing power. The main question of the day is whether China's leaders will now make the structural, judicial and political reforms necessary to address corruption and create an independent judiciary – albeit with Chinese characteristics.
Topic:
Corruption, International Law, and Politics
Political Geography:
China and Asia

547. Global Terrorism: Multilateral Institutional Responses to an Extraordinary Threat

Author:
Eric Rosand
Publication Date:
04-2007
Content Type:
Working Paper
Institution:
International Peace Institute
Abstract:
In recent years, the traditional tendency to treat non state actors that resort to terrorist violence as a domestic issue has given way to an increasing focus on international—and multilateral—responses Nationalist/ separatist terrorist groups such as the Kurdistan Peoples Party (PKK) in Turkey, the Tamil Tigers (LTTE) in Sri Lanka, or the Revolutionary Armed Forces of Colombia (FARC) generated only limited responses at the multilateral level. The emergence of transnational terrorism in the 1970s led to a spate of international law-making to facilitate inter-state cooperation in response to hijacking, hostage-taking and other forms of terrorism. But only with the emergence of Al Qaeda, with its extraordinary global reach, has the transnational threat moved to the top of the agenda of international for a such as the United Nations and G8.
Topic:
International Relations, Globalization, International Law, Terrorism, and United Nations
Political Geography:
Turkey, Sri Lanka, Colombia, and Kurdistan

548. Switzerland is reduced to tennis: Switzerland's image in the foreign media

Publication Date:
06-2007
Content Type:
Working Paper
Institution:
Media Tenor International
Abstract:
The wounds have healed slowly. At the turn of the millennium, the country of the Alps, of lakes and chocolate was faced with a media storm on a part of its history, which the Swiss themselves would have preferred to ignore: What role did their politicians, entrepreneurs, scientists, teachers and others actually play during the Hitler period? The neutral image, passed on for decades in schoolbooks, rhetorical speeches and media coverage, had cracked in view of an international wave of litigation that was caused by American lawyer Ed Fagan, representing Jewish victims of the Holocaust. He tried to publicly demonstrate that Swiss banks, in particular, but also other companies, as well as the Federal Council of Bern had profited from the victims' suffering.
Topic:
International Relations, International Law, and Mass Media
Political Geography:
America, Europe, and Switzerland

549. Institutional Proliferation and World Order: Is There Viscosity in Global Governance?

Author:
Daniel W. Drezner
Publication Date:
11-2007
Content Type:
Working Paper
Institution:
Centre for International Peace and Security Studies
Abstract:
In recent years there has been a proliferation of international rules, laws and institutional forms in world politics. This has triggered attention to the role that forum-shopping, nested and overlapping institutions, and regime complexes play in shaping the patterns of global governance. A few policymakers, some international relations scholars, and many international law scholars posit that this trend will lead to more rule-based outcomes in world politics. This paper suggests a contrary position: institutional thickness has a paradoxical effect on global governance. After a certain point, proliferation shifts global governance structures from rule-based outcomes to power-based outcomes–because institutional proliferation can enhance the ability of great powers to engage in forum-shopping.
Topic:
International Relations, Globalization, Government, Health, Human Rights, International Law, and Markets
Political Geography:
America

550. The Making of European Private Law: Regulation and Governance design

Author:
Fabrizio Cafaggi and Horatia Muir Watt
Publication Date:
03-2007
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
The current debate on the desirability and modes of formation of European Private Law (“EPL”) is engaging a wide number of scholars and institutions. Current work concerns the search for a common core of EPL, the rationalisation of the acquis communautaire, the design of a European Civil Code. These ongoing projects raise at least two related questions concerning the challenges to Europeanisation of private law: First, what is the often implicit definition of priv ate law standing behind the debate about the creation of EPL? Second, does the process of creation of EPL need some type of governance structure?
Topic:
Development, Government, and International Law
Political Geography:
Europe