Search

Begin New Search Topic Sovereignty

61. Lauri Mälksoo. Russian Approaches to International Law

Author:
Angelika Nussberger
Publication Date:
07-2015
Content Type:
Journal Article
Abstract:
Modern international law of the 21st century seems to be characterized by a farewell to the Westphalian understanding of state sovereignty, by the empowerment of the individual and by transnational solutions to common problems in a globalized world. This overview, however, is not true for Russian international law. The ‘powerful idea of Russia’s civilizational distinctness from the West’ is underlying the post-Soviet practice in international law (at 190). This is the main thesis of Lauri Mälksoo’s study on ‘Russian approaches to international law’. Russia was different, Russia is different and Russia is proud of being different.
Topic:
International Law, Sovereignty, United Nations, History, and Intellectual History
Political Geography:
Russia, Europe, and Crimea

62. Letting Lotus Bloom

Author:
Ann Hertogen
Publication Date:
10-2015
Content Type:
Journal Article
Abstract:
In an increasingly interdependent world, state sovereignty is inherently limited in order to protect the equal sovereignty of other states. However, identifying the precise constraints on states is a different and far more difficult question. The traditional answer is found in the Lotus principle, which consecrates a freedom to act unless explicitly prohibited by international law. The principle has rightly come under attack because of its incompatibility with the needs of a modern international community. This is usually followed by calls to disregard the precedential value of the Permanent Court of International Justice’s Lotus judgment on which it is based. This article defends the Lotus judgment but argues that the principle is the wrong reading of the majority opinion and that it fails to create the right conditions for interstate co-existence and cooperation, the twin goals of international law identified by the majority. The article then examines the meaning of ‘co-existence’ for contemporary international law and weighs the principle of ‘locality’ as an additional criterion that ought to be considered when resolving conflicting claims of jurisdiction.
Topic:
International Law, Sovereignty, International Affairs, and Courts
Political Geography:
Europe, Turkey, and France

63. The International Legal Status of the Vatican/Holy See Complex

Author:
John R. Morss
Publication Date:
10-2015
Content Type:
Journal Article
Abstract:
This article offers a re-examination of the international legal status of what is here termed the Vatican/Holy See complex (VHS), focusing on claims to statehood. The problematic ‘effect’ of Vatican City, of the Holy See, of the papacy and of associated entities is interrogated at the level of international law, entering as little as possible into administrative or theological distinctions. The various grounds cited as supporting status amounting to statehood are argued to be inadequate. The continuing exchange of representatives with states by the VHS is missionary and hierarchical in character and is reflective neither of the reciprocity of peers nor of customary obligation going to law. Agreements entered into by the papacy with the Kingdom of Italy (the Lateran Pacts) in 1929, relating to the status of the geographical territory known as Vatican City, cannot be determinative of international status. Nor can membership of international agreements and organizations confer a status amounting to statehood. Events and practices since 1929 have not substantially altered international status as of 1870. The Roman Catholic Church is but one of many faith-based international movements, and since the eclipse of the papal state nearly one-and-a-half centuries ago, the status in international law of its temporal headquarters in Rome should not be privileged.
Topic:
International Law, Religion, Sovereignty, and History
Political Geography:
Europe, Italy, and Vatican city

64. The Modern Practice of Intervention by Invitation in Africa and Its Implications for the Prohibition of the Use of Force

Author:
Erika de Wet
Publication Date:
10-2015
Content Type:
Journal Article
Abstract:
This article examines how two prominent criteria for permissible military intervention by invitation as developed in doctrine are currently implemented by states as well as how this impacts the prohibition of the use of force. Controversies concern, in particular, the determination of the authority entitled to extend the invitation, as recently illustrated by the Russian claim that its military intervention in the Crimea was based on the invitation of (former) President Yanukovych. Does the inviting authority need to enjoy democratic legitimacy and/or be in de facto control of a state’s territory? Furthermore, it remains highly contentious whether an invitation for forcible intervention may be extended during a civil war. By analysing modern state practice in Africa – where most of the contemporary invitations for military assistance occur – and comparing it with recent developments in other regions, the author concludes that effective control rather than democratic legitimacy is (still) the point of departure for determining the legitimate government of a state. Once recognized, incumbent governments enjoy a large discretion when inviting military assistance from foreign governments. They seem to retain the right to military assistance even in situations of civil war and while exercising limited control over the territory.
Topic:
International Law, Sovereignty, United Nations, and Military Intervention
Political Geography:
Africa, Russia, Europe, and Crimea

65. Interrogations of Consent: A Reply to Erika de Wet

Author:
Dino Kritsiotis
Publication Date:
10-2015
Content Type:
Journal Article
Abstract:
This article presents a critical engagement with the issue of force and intervention undertaken with the consent of the state in whose territory it ultimately occurs and offers a critical assessment of Erika de Wet’s article ‘The Modern Practice of Intervention by Invitation in Africa and Its Implication for the Prohibition of the Use of Force’. It considers the different interpretative approaches suggested for consent and the Charter of the United Nations’ prohibition of force as well as the principle or principles that have come to govern the issuing of valid consent in international law. The contribution turns to some of the methodological positions taken in exploring the continuing validity of the so-called ‘effective control principle’ in modern African practice, and, as it does so, it probes the utility of questions for the jus ad bellum of ‘other’ international law (such as developments within the jus in bello and the law on self-determination).
Topic:
International Law, Sovereignty, United Nations, and Military Intervention
Political Geography:
Africa and Europe

66. Relations informelles entre Pékin et Taipei : l’essor de la diplomatie académique dans le détroit de Taiwan (Informal Relations Between Beijing and Taipei: The Expansion of Academic Diplomacy in the Taiwan Strait)

Author:
Alice Ekman
Publication Date:
09-2015
Content Type:
Special Report
Institution:
Centre d'Etudes et de Recherches Internationales
Abstract:
Since the Kuomintang returned to power in 2008, Beijing has adjusted its communication strategy towards Taiwan, while maintaining the same long-term goal of reunification. This strategy of rapprochement by seduction rather than by threat promotes the rapid growth of exchanges between the Chinese and Taiwanese populations at all levels: students, tourists, farmers, businessmen, academics, retired diplomats and military, politicians, etc. Especially, the multiplication of meetings between academics of both countries is creating new channels of communication over the Strait, allowing on the one hand to compensate for the lack of formal diplomacy between Beijing and Taipei, and on the other hand to compete with informal diplomatic links existing between Taiwan and several of its partners (US and Japan, mainly). These communication channels could ultimately reinforce Beijing’s strategy – and China keeps investing heavily in their development – but could also be used as a conduit to prevent and to manage crisis would tensions reappear in the Strait.
Topic:
Nationalism, Sovereignty, Borders, Identities, and State
Political Geography:
China, Taiwan, and Asia

67. Entre européanisation et fragmentation, quel modèle de développement pour le territoire ukrainien? (Between Europeanization and fragmentation, what model of development for the Ukrainian territory?)

Author:
Gilles Lepesant
Publication Date:
06-2015
Content Type:
Special Report
Institution:
Centre d'Etudes et de Recherches Internationales
Abstract:
One week before the third Eastern Partnership summit in Vilnius on November 28-29, 2013, Ukraine suspended the preparation of an association agreement with the European Union, which had been under negotiation since 2007. When the agreement was finally signed in June 2014, President Yanukovych had fled the country under people’s pressure, and the integrity of Ukraine was challenged in the East by separatists and their Russian allies. These events came paradoxically at a time when the country's cohesion seemed stronger than in the 1990s. Far from being divided into two parts, Ukraine consists of the pieces of broken empires that all have good reasons to join in the state, as recent as this one may be. Indeed, its geography, electoral or economic, does not show a split between two blocks, but various lines of division that do not necessarily herald the breaking up of the state. Since the independence, this diversity had never been translated into new institutions: for several reasons, the reshaping of the centralized regime inherited from the Soviet era was deemed untimely by the country’s political forces. Presented as a priority by the members of the Parliament elected in 2014, the reform of territorial government is being implemented while Ukraine’s driving regions are either paralyzed or threatened by war.
Topic:
Nationalism, Sovereignty, War, Territorial Disputes, Europeanization, Memory, Borders, and State
Political Geography:
Russia, Ukraine, Eastern Europe, Central Europe, and European Union

68. Determining the Relationship Between International and Domestic Laws Within an Internationalized Court: An Example From the Cambodian Extraordinary Chambers’ Jurisdiction Over International and Domestic Crimes

Author:
Melanie Vianney-Liaud
Publication Date:
08-2015
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Internationalized criminal tribunals such as the Extraordinary Chambers in the Courts of Cambodia (ECCC) differ from traditional international criminal tribunals by a lesser degree of internationality. The ECCC emerged through an international agreement but their mixed composition and operating rules are also defined in Cambodian Law. The relationship between the ECCC’s Agreement and Law has not been clearly stated, which generates questions since both texts are not always consistent. This paper proposes, through the study of the provisions of the ECCC Law relating to the ECCC’s subject-matter jurisdiction, to determine the impact of such discrepancies on the activity of the Chambers. The decisions of their judicial bodies on the application of Articles 3, 4 and 5 which provide for the ECCC’s jurisdiction over crimes against humanity, genocide and certain domestic crimes have allowed to cope with the uncertainty generated by those differences. However, a bigger issue remains which is due to the ECCC’s particular hybrid structure. Composed of national judges in the majority, ECCC’s decisions may only be taken if the required qualified majority is reached, which implies the need for an agreement with their international counterparts.
Topic:
International Law, Sovereignty, Legal Theory, and Jurisdiction
Political Geography:
Asia and Cambodia

69. Hostis ante portas: el poder, la guerra y la figura del enemigo en las relaciones internacionales

Author:
Valerio d'Angelo
Publication Date:
05-2015
Content Type:
Journal Article
Journal:
Revista UNISCI/UNISCI Journal
Institution:
Unidad de investigación sobre seguridad y cooperación (UNISCI)
Abstract:
En este artículo me propongo enmarcar la evolución de la figura del enemigo político al interior de la más general evolución del ordenamiento del sistema internacional. La tesis que se afirma es que la detección del enemigo es siempre una construcción discursiva consecuente a las trasformaciones del poder hegemónico y de su manera de conducir una guerra. Ilustraré por lo tanto los cambios históricos que la noción de enemigo ha sufrido, desde Westfalia hasta los modernos programas de contrainsurgencia. Detectaré tres grandes macromarcos (el mundo Westfaliano, la Guerra Fría, el post-11/S) donde un cambio significativo del equilibrio del poder conlleva un cambio en su capacidad de librar una guerra y, de ahí, una distinta identificación de la figura del enemigo.
Topic:
Sovereignty, War, and Counterinsurgency
Political Geography:
Global Focus

70. The Individual Sovereignty: Conceptualization and Manifestation

Author:
Nikola Lj. Ilievski
Publication Date:
09-2015
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
This paper is qualitative and theoretical research of the concept of sovereignty and the libertarian theory, particularly the concept of individual liberty. It represents a concept developing study, with a specific accent laid on the individual liberty, and the theoretically established concept of sovereignty. The research focus could be identified with the conceptualization and manifestation of the individual sovereignty, as a theoretical phenomenon that is not fully conceptualized and strictly defined. In the scope of this paper, content analysis method and comparative method are used. The analysis, comparison and synthesis refer to the theories of sovereignty and the theory of libertarianism, resulting in developing the concept of individual sovereignty and its socio-political manifestation.
Topic:
Sovereignty, Legal Theory, International Relations Theory, State, and Civil Liberties
Political Geography:
Global Focus