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17891. Danny Nicol. The Constitutional Protection of Capitalism

Author:
Fernando Losada Fraga
Publication Date:
02-2011
Content Type:
Journal Article
Abstract:
When the current economic crisis began, political leaders all around the world spread the idea that capitalism needed somehow to be reformed. 1 A couple of years later one might think that not much has been achieved in that direction and blame politicians for their lack of will. However, it is not so clear that reforms – even if the political will existed – would be easy to realize. As Danny Nicol argues, the neoliberal conception of capitalism is constitutionally shielded as a result of the content and the development of different but coexisting legal regimes such as the World Trade Organization (WTO) or the European Union (EU), and of the activism of the European Court of Human Rights (ECtHR). Describing the resulting 'constitutional protection of capitalism' is precisely what this book is about: Nicol tries to determine to what extent national politics are predetermined by the ongoing economic integration. Or, putting it differently, his research aims at explaining how much room for manoeuvre states, and in particular the United Kingdom, maintain now that the international and European economic integration treaties they ratified years ago have evolved in an unexpected way. The author thus identifies two trends 'that have pervaded the evolution of transnational regimes' (at 156), namely their widened scope and their enhanced binding character, and claims that such developments have a special impact on the freedom of Parliament to decide, 2 a freedom which, as we must bear in mind, is at the core of British constitutionalism. Both the title and the cover of this book, in which the symbol of the British Parliament, Big Ben, blurs among the buildings of the City, are very explicit about the national perspective from which this book approaches transnational regimes. The book is structured in five chapters. The first describes the …
Topic:
Development, Economics, and Government

17892. Emmanuel Decaux. Les formes contemporaines de l'esclavage

Author:
Jean Allain
Publication Date:
02-2011
Content Type:
Journal Article
Abstract:
One would expect no less from this study of contemporary forms of slavery by Emmanuel Decaux than that it identifies the fundamental puzzle at the heart of legal issues surrounding human exploitation, namely, that: there is a permanent contradiction between the successive attempts focused on 'slavery in all its forms' as well as 'the practices and institutions similar to' – which are at the heart of international instruments, and the programmes of action of international organisations and non-governmental organisations –; and the criminal law approach which requires a precise definition to incriminate; either domestically, in the name of the determinacy of the crimes and of the penalty, or internationally to allow for criminal cooperation. 1 It is to this fundamental paradox that Decaux devoted his attention during his lectures at The Hague Academy of International Law in 2008. These lectures were published in The Collected Courses of the Hague Academy series and were also reproduced as part of a pocketbook series. 2 The beauty of considering studies written in another language is to liberate oneself from assumptions – the given starting and end points of argument, and the continuity of well established discourses. If nothing else, surveying works in other languages opens the possibility of new revelations and discoveries – even for the most seasoned expert in an area – which come from narratives forged, in this case, in Paris, as opposed to a London or a Washington. With this in mind, Les formes contemporaines de l'esclavage does not disappoint. More so than in a monograph, the chapters of a study emanating from the Hague Academy stand alone, as each originates in a public lecture and thus must stand on its own merits. In seeking to work beyond the fundamental contradiction related to issues of human exploitation, the approach which …
Topic:
Government, International Law, and Non-Governmental Organization
Political Geography:
Washington and London

17893. Andrea Carcano. L'occupazione dell'Iraq nel diritto internazionale

Author:
Mirko Sossai
Publication Date:
02-2011
Content Type:
Journal Article
Abstract:
The renewed interest in the law of belligerent occupation probably reached its peak in 2009, when various monographs were published by distinguished authors as well as by younger scholars. The book under review originated from a doctoral thesis defended by Andrea Carcano at the University of Milan. His investigation focuses on the 2003 occupation of Iraq as the ideal test-case to verify whether the existing legal regime is adequate to address the challenges posed by present-day scenarios, including Afghanistan, Congo, and the Arab–Israeli conflict. The book is divided into three parts. The first one comprises two chapters, which present respectively the legal framework of belligerent occupation and the other applicable norms of international law. Chapter I takes a historical perspective on the legal concept of occupation, which the author considers functional to the subsequent analysis for two main reasons: to investigate the underlying values guiding the development of the law of belligerent occupation; and to compare current theories regarding the role of the law in such a situation with similar arguments upheld in the past (at 13). Carcano identifies three epochs, which modelled different concepts of occupation. The first one is valid until the Modern Age and is influenced by the Roman law tradition: occupation is considered as 'conquest and exploitation of the territory'. The modern notion of occupation, defined as 'administration and effective control', emerged during the 18th century, at the time of the consolidation of sovereign states in Europe. Whereas Vattel had already in theory identified the differentiation between sovereignty and private ownership, it was August Heffter, a century later, who first recognized the legal implications of the distinction between occupatio bellica and debellatio (at 24). Finally, the last model is that of the occupation as 'transformation': Carcano identifies it as 'a military action aimed at the radical …
Topic:
Development and International Law
Political Geography:
Afghanistan, Europe, Israel, Paris, and Arabia

17894. Filippo Fontanelli, Giuseppe Martinico Paolo Carrozza (eds). Shaping Rule of Law Through Dialogue. International and Supranational Experiences

Author:
Luis Castellvi Laukamp
Publication Date:
02-2011
Content Type:
Journal Article
Abstract:
Dialogue, this noble art, which, like many other things, was invented by the Greeks, is always a sort of collaboration, a way of trying to attain the truth. Perhaps this is why Plato used it as a literary vehicle when he wrote his Socratic dialogues, a corpus of pieces in which he laid the foundations of Western philosophy. Deeply impressed by the death of his mentor Socrates, Plato wrote some of the most brilliant and insightful works of all time, perhaps in order to keep on debating with his master after his death. In all likelihood, no-one since has ever had the same great ability to create such architectures of thought. His enjoyable and entertaining dialogues deal with essential topics such as the nature of time, politics, love, and death. Not only is his style concise and meticulous, with a proverbial ability to pose the right questions, but also didactic and kind. His dialogues enable all participants to engage in an inquiry which, despite not always being successful in reaching the desired goal, has at least proved to be a fundamental tool in the development of all expressions of human thought. The book under review is inspired, mutatis mutandis, by this very same philosophy regarding dialogue. As its editors (Filippo Fontanelli, Giuseppe Martinico, and Paolo Carrozza) point out in their introduction, '[t]he process of fragmentation of the international legal order and the absence of constitutional devices governing the connections between the various legal regimes can be reduced to a rational picture only through the activity of the judges' (at 23). This is why judges play a key role in creating and developing links between the different legal systems which constitute our multi-level judicial environment. The increasingly complex nature of the interaction between national and international judges has often been
Topic:
Development, Government, Politics, and Law
Political Geography:
Greece

17895. Aida Torres Pérez. Conflicts of Rights in the European Union. A Theory of Supranational Adjudication

Author:
Constantin von der Groeben
Publication Date:
02-2011
Content Type:
Journal Article
Abstract:
Aida Torres Pérez' Conflicts of Rights in the European Union. A Theory of Supranational Adjudication 1 is a comprehensive monograph dealing with one of the most striking normative challenges in the European Union (EU): the relationship between the European Court of Justice (ECJ) and Member State courts in adjudicating fundamental rights. Torres Pérez presents the existing spheres of fundamental rights protection in the EU and provides a thorough analysis of the conflicts that emerge where these different spheres overlap. Her volume covers a number of different approaches and provides suggestions on how to deal with these conflicts and eventually proposes a normative model for ECJ adjudication through judicial dialogue based on comparative constitutional reasoning. The book is well structured in three parts. The first part gives a brief but thorough overview of the different systems of fundamental rights protection open to EU citizens. The author describes these different systems as the multilevel protection of rights in Europe and distinguishes between human rights protection through national constitutions (constitutional rights), through the ECJ (EU fundamental rights) and through the European Convention on Human Rights (convention rights). She outlines the conflicts that arise when these different systems of fundamental rights protection overlap. In general, such conflicts may arise when different rights are considered to be fundamental (at 10) and where community members disagree regarding fundamental rights interpretation (at 11), especially concerning sensitive issues like abortion or affirmative action (at 16). A potential for conflict exists whenever states act within a field of application of EU law which includes two types of situations: (i) state acts implementing EU law, and (ii) state acts derogating from the EU basic freedoms of movement (at 16). An example of a rights conflict between German courts and the ECJ is the 'banana saga', where the courts disagreed on …
Topic:
Human Rights and Governance
Political Geography:
Europe

17896. The Last Page

Author:
Gregory Shaffer
Publication Date:
02-2011
Content Type:
Journal Article
Abstract:
Step after step is still the only way to Sengge La (the Lion Pass), those of my guide Karma and our horseman Ramlal, of the French woman whom two years back …

17897. Remembering the Past and Struggling for Justice: The Contested Legacy of Authoritarian Rule in Chile

Author:
Rebecca Evans
Publication Date:
06-2011
Content Type:
Journal Article
Journal:
Human Rights and Human Welfare - Review Essays
Institution:
Josef Korbel Graduate School of International Studies, University of Denver
Abstract:
Chile holds special significance for scholars. Not only was it the first country to democratically elect a Marxist president who sought to lead a peaceful transition to socialism, it was also a prominent example of democratic breakdown and brutal military rule. The Chilean dictatorship not only practiced the terrible techniques that became part of Latin American “dirty war” campaigns, it also took a lead role in planning assassinations and coordinating intelligence operations with security agencies from other military dictatorships in the Southern Cone. In the early 1990s, Chile exemplified a more general trend to accept immunity as the price of social peace. By the end of the decade, however, Chile signaled another trend: a new willingness to push for legal accountability by holding regime officials criminally liable for human rights abuses committed under their rule. With Pinochet's arrest in London in October 1998, Chile offered another first: the first legal ruling against a former head of state for violating international human rights law. Chile therefore serves as an important case of democratic breakdown, redemocratization, and transitional justice.
Political Geography:
London

17898. Battling for Hearts and Minds: Memory Struggles in Pinochet's Chile, 1973-1988. Vol. 2 of The Memory Box of Pinochet's Chile

Author:
Steven J. Stern
Publication Date:
06-2011
Content Type:
Journal Article
Journal:
Human Rights and Human Welfare - Review Essays
Institution:
Josef Korbel Graduate School of International Studies, University of Denver
Abstract:
Chile holds special significance for scholars. Not only was it the first country to democratically elect a Marxist president who sought to lead a peaceful transition to socialism, it was also a prominent example of democratic breakdown and brutal military rule. The Chilean dictatorship not only practiced the terrible techniques that became part of Latin American “ dirty war ” campaigns, it also took a lead role in planning assassinations and coordinating intelligence operations with security agencies from other military dictatorships in the Southern Cone. In the early 1990s, Chile exemplified a more general trend to accept immunity as the price of social peace. By the end of the decade, however, Chile signaled another trend: a new willingness to push for legal accountability by holding regime officials criminally liable for human rights abuses committed under their rule. With Pinochet's arrest in London in October 1998, Chile offered another first: the first legal ruling against a former head of state for violating international human rights law. Chile therefore serves as an important case of democratic breakdown, redemocratization, and transitional justice.
Political Geography:
Latin America and Chile

17899. Remembering Pinochet's Chile: On the Eve of London 1998. Vol. 1 of The Memory Box of Pinochet's Chile

Author:
Steven J. Stern
Publication Date:
06-2011
Content Type:
Journal Article
Journal:
Human Rights and Human Welfare - Review Essays
Institution:
Josef Korbel Graduate School of International Studies, University of Denver
Abstract:
Chile holds special significance for scholars. Not only was it the first country to democratically elect a Marxist president who sought to lead a peaceful transition to socialism, it was also a prominent example of democratic breakdown and brutal military rule. The Chilean dictatorship not only practiced the terrible techniques that became part of Latin American “ dirty war ” campaigns, it also took a lead role in planning assassinations and coordinating intelligence operations with security agencies from other military dictatorships in the Southern Cone. In the early 1990s, Chile exemplified a more general trend to accept immunity as the price of social peace. By the end of the decade, however, Chile signaled another trend: a new willingness to push for legal accountability by holding regime officials criminally liable for human rights abuses committed under their rule. With Pinochet's arrest in London in October 1998, Chile offered another first: the first legal ruling against a former head of state for violating international human rights law. Chile therefore serves as an important case of democratic breakdown, redemocratization, and transitional justice.
Political Geography:
London and Chile

17900. The Pinochet Effect: Transnational Justice in the Age of Human Rights

Author:
Naomi Roht-Arriaza
Publication Date:
06-2011
Content Type:
Journal Article
Journal:
Human Rights and Human Welfare - Review Essays
Institution:
Josef Korbel Graduate School of International Studies, University of Denver
Abstract:
Chile holds special significance for scholars. Not only was it the first country to democratically elect a Marxist president who sought to lead a peaceful transition to socialism, it was also a prominent example of democratic breakdown and brutal military rule. The Chilean dictatorship not only practiced the terrible techniques that became part of Latin American “ dirty war ” campaigns, it also took a lead role in planning assassinations and coordinating intelligence operations with security agencies from other military dictatorships in the Southern Cone. In the early 1990s, Chile exemplified a more general trend to accept immunity as the price of social peace. By the end of the decade, however, Chile signaled another trend: a new willingness to push for legal accountability by holding regime officials criminally liable for human rights abuses committed under their rule. With Pinochet's arrest in London in October 1998, Chile offered another first: the first legal ruling against a former head of state for violating international human rights law. Chile therefore serves as an important case of democratic breakdown, redemocratization, and transitional justice.
Political Geography:
Latin America and Chile