Search

19771. Peter H. Sand, Atoll Diego Garcia: Naturschutz zwischen Menschenrecht und Machtpolitik

Author:
Ebrahim Afsah
Publication Date:
11-2011
Content Type:
Journal Article
Abstract:
There are many ways of looking at the international system, but two dichotomies stand out: there are those who believe international behaviour is primarily motivated by systemic forces and those who believe that the internal composition of the individual units dramatically affects how they act internationally, and especially that democratic polities are more peaceful and law-abiding than others. Like many essentially untestable hypotheses, the debate between these two positions has resisted a clear resolution. One of the reasons the debate has been so vicious and largely unproductive lies in its implicit reliance on the other, even less testable dichotomy in international affairs, viz. the disputed nature of man as primarily good or primarily evil, which is closely linked to the legal debate about the sources of obedience to law.

19772. Gregory C. Shaffer and Ricardo Meléndez-Ortiz (eds), Dispute Settlement at the WTO: The Developing Country Experience

Author:
Mary Footer
Publication Date:
11-2011
Content Type:
Journal Article
Abstract:
As the 10th anniversary of the launch of the WTO multilateral trade negotiations at Doha approaches, this collection of essays serves as a painful reminder that the so-called 'Doha Devel¬opment Round' is far from concluded. It also recalls how the WTO's dispute settlement system has continued to have an important 'norm-generating function'. Nowhere is this more so than in disputes involving developing countries. In some instances developing country Members initiate formal dispute settlement proceedings at the WTO precisely to promote wider reforms of their governance and administrative structures. In others the participation of Member governments in formal dispute settlement procedures at the WTO has been supported by industry and the business sector. A few developing country governments have drawn on dialogue with local civil society organizations in bringing or defending complaints with important social implications for their citizens.

19773. Rüdiger Wolfrum, Peter-Tobias Stoll and Holger P. Hestermeyer (eds), WTO: Trade in Goods

Author:
Sungjoon Cho
Publication Date:
11-2011
Content Type:
Journal Article
Abstract:
This notable book is part of an ambitious project entitled 'Max Planck Commentaries on World Trade Law'. As is widely known, the concept of commentaries originates in the civil law tradition and may be traced back to what the editors of this volume dub the 'Roman legal science' (at ix), crystallized in the Corpus Juris Civilis which Justinian I commissioned one and a half millennia ago.

19774. Michael P. Scharf and Paul R. Williams, Shaping Foreign Policy in Times of Crisis: the Role of International Law and the State Department Legal Adviser

Author:
Andre Stemmet
Publication Date:
11-2011
Content Type:
Journal Article
Abstract:
In an interview with BBC television on 19 March 2011, British Prime Minister David Cameron described the use of force against Libya in terms of United Nations Security Council resolution 1973 (2011) as 'necessary, legal and right'. This statement once again illustrated the fact that, especially with respect to the use of force in the execution of foreign policy, justification in terms of applicable international law principles weighs heavily on the minds of statesmen. It is therefore not surprising that it is increasingly being recognized in contemporary academic discourse that international law and international politics and security are intertwined subjects and that international law provides a useful paradigm for the analysis of international relations. The momentous events of 11 September 2001, which marked the advent of asymmetric warfare, challenged the ability of especially Western democracies to deal with hitherto unknown security challenges within the established framework of international law. These developments provided fertile soil for developing a discourse on the relationship between international law and international relations and diplomacy, conducted by both academics and practitioners.
Political Geography:
United Kingdom

19775. Giuseppe Martinico and Oreste Pollicino (eds), The National Judicial Treatment of the ECHR and EU Laws. A Comparative Constitutional Perspective

Author:
Alessandro Chechi
Publication Date:
11-2011
Content Type:
Journal Article
Abstract:
This volume collects the essays presented at the workshop entitled 'National Judges and Supranational Laws: On the Effective Application of EU Law and the ECHR', hosted by the Sant'Anna School of Advanced Studies (Pisa) on 15 and 16 January 2010. The workshop gathered 21 scholars from across Europe to discuss two fundamental questions: whether domestic judiciaries handle European Union (EU) law and the European Convention of Human Rights (ECHR) in a similar manner; and whether national courts facilitate a convergence in the implementation of EU law and the ECHR in domestic legal orders.
Political Geography:
Europe

19776. Ulrich Fastenrath, Rudolf Geiger, Daniel-Erasmus Khan, Andreas Paulus, Sabine von Schorlemer, Christoph Vedder (eds). From Bilateralism to Community Interest. Essays in Honour of Judge Bruno Simma

Author:
Alexandra Kemmerer
Publication Date:
11-2011
Content Type:
Journal Article
Abstract:
In his first seminal Hague lectures, published in 1994, Bruno Simma defined the 'community interest', which in the meantime has become an indispensable component of the discipline's conceptual toolbox, as 'a consensus according to which respect for certain fundamental values is not to be left to the free disposition of States individually or inter se but is recognized and sanctioned by international law as a matter of concern to all States'. Bruno Simma, a prolific writer and, since 2003, a judge at the International Court of Justice, reconstructed in his apparently most influential publication the 'various ways in which community interest is currently marching through the time-honoured institutions of the law'.

19777. On Reading Horace Odes 3.2 with Rusty Latin

Author:
Jonathan Shaw
Publication Date:
11-2011
Content Type:
Journal Article
Abstract:
Just after the Roman poet said it was sweet and pretty to die for the fatherland he added that even if you ran and hid death would still shoot you in the knees

19778. Oil Exporters to the Euro's Rescue?

Author:
Philip K. Verleger
Publication Date:
12-2011
Content Type:
Policy Brief
Institution:
Peterson Institute for International Economics
Abstract:
When a boat springs a leak far from shore, it is customary for all hands to man the pumps—be they friends or enemies, passengers or crew. Every individual's survival depends on the actions of his or her compatriots. So it is with the global economy today.
Topic:
Debt, Markets, Oil, International Monetary Fund, and Financial Crisis
Political Geography:
Europe

19779. Preventive Diplomacy: Regions in Focus

Author:
Francesco Mancini
Publication Date:
12-2011
Content Type:
Working Paper
Institution:
International Peace Institute
Abstract:
Preventive diplomacy—conceived by Secretary-General Dag Hammarskjold in the mid-1950s and revitalized in the early 1990s by Secretary-General Boutros Boutros-Ghali—is a vital instrument in the United Nations' conflict-prevention toolkit. While the responsibility for preventing conflict and its escalation ultimately lies with countries themselves, the UN has played an indispensable supporting role since its establishment and will continue to do so.
Topic:
Conflict Prevention, Political Violence, Diplomacy, United Nations, and Peacekeeping
Political Geography:
America, Israel, Latin America, and Southeast Asia

19780. An Interview with William E. Ward

Publication Date:
03-2011
Content Type:
Journal Article
Journal:
PRISM
Institution:
Institute for National Strategic Studies (INSS), National Defense University
Abstract:
As the first combatant command to embed the 3D [diplomacy, defense, development] concept in your structure, what would you say are the impediments to better integration between civilian and military agencies?
Topic:
Defense Policy and Diplomacy
Political Geography:
Africa