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19751. Munich Alumni and the Evolution of International Human Rights Law

Author:
Thilo Rensmann
Publication Date:
11-2011
Content Type:
Journal Article
Abstract:
As a tribute to Bruno Simma on the occasion of his 70th birthday this article follows the traces of two of his fellow alumni from Munich University who belonged to the first generation of 'droit-de-l'hommistes'. In the early 1940s they laid the foundations for the entrenchment of human rights in the international legal order. Ernst Rabel and Karl Loewenstein, who taught in Munich during the inter-war period, each played a significant role in breaking the mould of isolationism prevalent in German legal scholarship at the time. Hitler's rise to power, however, put an abrupt end to the internationalization of legal thought in Germany. Rabel and Loewenstein, like many other legal scholars of Jewish descent, were forced into exile. It so happened that in 1942 the two Munich alumni were invited by the American Law Institute to join a committee 'representing the major cultures of the world'. This committee was charged with the momentous task of drafting an international bill of rights for a new post-war global order. Their draft was later to become the single most important blueprint for the Universal Declaration of Human Rights. Against this backdrop the article attempts to identify the specific contribution made by Rabel and Loewenstein to the evolution of international human rights law.
Topic:
Human Rights
Political Geography:
Germany

19752. General/Particular International Law and Primary/Secondary Rules: Unitary Terminology of a Fragmented System

Author:
Anastasios Gourgourinis
Publication Date:
11-2011
Content Type:
Journal Article
Abstract:
This article takes issue with certain fundamental aspects of the fragmentation analysis by addressing the normative underpinnings of the proposition that international law is structured as a legal system. To this end, focus is had on the unitary character of the general/particular international law and primary/secondary rules terminology, as normative differentiations to the international legal system (the 'whole'), by virtue of the residual (default) applicability of the sets of norms they denote. Ergo, on the one hand, the doubts expressed by the ILC Study Group on Fragmentation concerning the allegedly obscure meaning and scope of the term 'general international law' are dispelled by demonstrating that the term indeed signifies the set of international legal norms binding erga omnes; on the other, the article elaborates on the crucial role of the distinction between primary and secondary norms for the proper operation of lex specialis, focal to the fragmentation analysis. Overall, the pertinence of the general/particular international law and primary/ secondary norms termini technici in international adjudication supports the view that the international legal system is indeed equipped with the proper normative tools to cope with the challenges set by fragmentation.
Topic:
International Law

19753. Regulating War: A Taxonomy in Global Administrative Law

Author:
Daphné Richemond-Barak
Publication Date:
11-2011
Content Type:
Journal Article
Abstract:
This article examines the intersection between the private security and military industry and the emerging framework of global administrative law ('GAL'). I explore in this article one aspect of this intersection, namely the use of GAL to create a taxonomy of the industry's regulatory schemes. The industry is characterized by a fragmented and decentralized regulatory framework, which has yet to be presented in a complete and orderly fashion. This article fills the gap by applying GAL's methodology to the private security and military industry. Using the industry as a case study in GAL, I identify (1) international formal administration (the United Nations Working Group on Mercenaries); (2) distributed domestic administration (contract and domestic legislation); (3) hybrid modes of administration (multi-stakeholder initiatives); and (4) private modes of administration (industry associations and codes of conduct). By emphasizing – but not limiting itself to – hybrid and private modes of administration, this article describes what is an increasingly complex manifestation of global governance. Its purpose is to highlight GAL's potential in understanding and contending with the growth of the private security and military industry.
Topic:
War and Law
Political Geography:
Africa and United Nations

19754. The Convergence of the European Legal System in the Treatment of Third Country Nationals in Europe: The ECJ and ECtHR Jurisprudence

Author:
Sonia Morano-Foadi and Stelios Andreadakis
Publication Date:
11-2011
Content Type:
Journal Article
Abstract:
This article, based on a broader project, focuses on the interaction between the two European Courts (the Court of Justice of the European Union – ECJ and the European Court of Human Rights – ECtHR) and uses the specific area of expulsion/deportation of third country nationals (non-EU nationals) from European territory as a case study. The work examines the ECJ's and ECtHR's divergent approaches in this area of law, and it then provides some preliminary reflections on the potential of the EU Charter of Fundamental Rights and the EU's accession to the European Convention of Human Rights (ECHR) to achieve a more harmonious and convergent human rights system in Europe. It finally argues that the post-Lisbon era has the potential to enhance the protection of fundamental rights within the continent.
Topic:
Human Rights
Political Geography:
Europe

19755. Horizontal Review between International Organizations: Why, How, and Who Cares about Corporate Regulatory Capture

Author:
Abigail C. Deshman
Publication Date:
11-2011
Content Type:
Journal Article
Abstract:
A diverse set of national and international bodies is increasingly commenting upon other organizations' compliance with 'global administrative law' norms, creating a complex network of inter action and review. Although many forms of interaction can be identified and observed, horizontal review between international organizations appears to be relatively rare. This article examines one instance in which review did emerge: the Parliamentary Assembly of the Council of Europe's criticisms of the transparency and accountability of the World Health Organization (WHO) during the H1N1 pandemic. Two key questions arise from the case study. First, what structural or institutional features allowed inter institutional review to take place? And, secondly, why would two institutions have such divergent views of an international organization's accountability and transparency? The analysis suggests that a key factor in allowing horizontal review to occur is diversity in institutional composition – in terms either of membership, distribution of power between members, or interests represented by members. In this case study, the Parliamentary Assembly represented the interests of states' legislative branches, whereas the WHO representatives reflect the interests of states' executive branches. Variations in baseline assumptions regarding the WHO's function in regulating infectious disease response and to whom it should be accountable may partially explain the substantive divergence of opinion.
Political Geography:
Europe

19756. India's Growth in the 2000s: Four Facts

Author:
Arvind Subramanian and Utsav Kumar
Publication Date:
11-2011
Content Type:
Working Paper
Institution:
Peterson Institute for International Economics
Abstract:
This paper marks the first attempt at examining the growth performance across Indian states for the 2000s, a period also marked by the global financial crisis. Four key findings are reported. First, consistent with the fact that the 2000s was the best ever decade for Indian macroeconomic performance, growth increased across almost all major states in 2001–09 compared to 1993–2001. Second, nevertheless, there is a continued phenomenon of divergence or rising inequality across states: On average the richer states in 2001 grew faster in 2001–09. Third, during the crisis years of 2008 and 2009, states with the highest growth in 2001–07 suffered the largest deceleration. Since states with the highest growth were also the most open, it seems that openness creates dynamism and vulnerability. Finally, although the demographic dividend—a young population boosting economic dynamism—was evident before 2000, there is little evidence that there was any dividend in the 2000s. Demography alone cannot be counted on for future economic growth.
Topic:
Demographics, Development, Economics, Industrial Policy, International Trade and Finance, and Social Stratification
Political Geography:
South Asia and India

19757. Asia and Global Financial Governance

Author:
C. Randall Henning and Mohsin S. Khan
Publication Date:
10-2011
Content Type:
Working Paper
Institution:
Peterson Institute for International Economics
Abstract:
Currently, Asia's influence in global financial governance is not consistent with its weight in the world economy. This paper examines the role of Asia in the International Monetary Fund (IMF) and the Group of Twenty (G-20). It looks in particular at how the relationship between East Asian countries and the IMF has evolved since the Asian financial crisis of 1997–98 and outlines how Asian regional arrangements for crisis financing and economic surveillance could constructively interact with the IMF in the future. It also considers ways to enhance the effectiveness of Asian countries in the G-20 process.
Topic:
Development, Economics, Emerging Markets, Globalization, International Trade and Finance, and Monetary Policy
Political Geography:
Israel and Asia

19758. Roaming Charges: Places of Worship: Piazza Duomo Milano

Publication Date:
11-2011
Content Type:
Journal Article
Abstract:
We deal in EJIL with the world we live in – often with its worst and most violent pathologies, often with its most promising signs of hope for a better world. But, inevitably, since our vehicle is scholarship, we reify this world. Roaming Charges is designed not just to offer a moment of aesthetic relief, but to remind us of the ultimate subject of our scholarly reflections: we alternate between photos of places – the world we live in – and photos of people – who we are, the human condition. We eschew the direct programmatic photograph: people shot up; the ravages of pollution and all other manner of photojournalism.

19759. The Dynamics of International Legal Regime Formation: The Sino-British Joint Declaration on the Question of Hong Kong Revisited

Author:
Roda Mushkat
Publication Date:
11-2011
Content Type:
Journal Article
Abstract:
The academic literature on the systems that govern relations between states is rich but not without gaps. The subject of international legal regime formation is one that may benefit from further exploration. The protracted and unnerving process leading to the signing of a path-breaking agreement between China and the United Kingdom regarding the future of Hong Kong, a topic which has fascinated historians but has not galvanized socio-legal researchers into action on a meaningful scale, may offer considerable insights pertaining to the development of governance systems that regulate complex interaction between states.
Political Geography:
China and United Kingdom

19760. The Dynamics of International Legal Regime Formation: The Sino-British Joint Declaration on the Question of Hong Kong Revisited: A Reply to Roda Mushkat

Author:
Kevin Y. L. Tan
Publication Date:
11-2011
Content Type:
Journal Article
Abstract:
Professor Roda Mushkat's article, arguing for the application of international regime theory to understanding the Sino-British Joint Declaration, is a curate's egg. As I read it, I often found myself nodding in agreement with her, especially her analysis and critiques of various international relations theories and methodologies. But she fails to make the case for regime theory analysis in general and for its application to the Sino-British Declaration in particular.
Political Geography:
United Kingdom