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| 1 |
ID:
136540
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| Summary/Abstract |
This article argues for a new way of addressing contemporary international law that is more adequate to both vital dynamic trends towards “regionalism” within international law, relations and politics, and the emergent possibility of a far more pluralistic “multipolar” legal order that—in both theory and practice—contrasts markedly with US-dominated hegemonic modes of regulation and high-handed unilateralism. To advance our argument, we draws upon classic Schmittian forms of Grossraum theory concerned to adapt traditional state-centric and purely horizontal conceptual types of international law interpretations to a form of international relations structured around regional ensembles, such as the European Union, NATO, the African Union, and the Shanghai Cooperation Organisation (SCO). These historical trends are emerging out of an encompassing contemporary developmental tendency, including the decline in the traditional nation state posited as having equal status, and both the proliferation of new regional bodies and the strengthening of existing ones. Arguably, the emergence of the SCO from 2001 signals a new phase in multilateralism in the post-Cold War period that, when treated as a case study, allows us to “test out” the credibility of key aspects of Grossraum theory.
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| 2 |
ID:
073654
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2006.
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| Summary/Abstract |
The relationship between Western intelligence officials and Nazi war crimes prosecutors has been, and in some aspects remains, a difficult one. It is increasingly apparent that it is precisely the selective nature of support war crimes prosecutors can expect from intelligence officials that merits particular scholarly attention. One such example in this case of positive assistance concerns the provision of a specific piece of evidence, the diaries of Ciano, Mussolini's Foreign Minister, obtained for the Allies by Allen Dulles, a senior US wartime intelligence official with the OSS, based in Bern, Switzerland, and used in the prosecution case against Ribbentrop at the Nuremberg war crimes trials. This article, based largely upon recently declassified American security files, closely examines Dulles' actions undertaken to retrieve the diaries and pass them to the prosecution.
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| 3 |
ID:
122799
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2012.
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| Summary/Abstract |
Working as both lecturers and researchers within the theory and practice of international law, we are regularly confronted with materials and issues that raise the question of the relationship between this form of legal regulation and the political exercise of sovereign power. In turn, this persistent confrontation raises the question of which type (or types) of analytical perspective is most likely to illuminate how this relationship appears within the East Asian and other geopolitical contexts? For example, have we, as the German law professor Carl Schmitt suggested in the mid-20th century, been entering a new global order comprising multiple and co-existing regional hegemonic bodies, each possessing its own spheres of influence and located at an intermediary level between the United Nations and the traditional individual nation State? In this order of large political spaces, will China's growing status as a regional superpower, projecting its sovereign power and influence well beyond its own national borders, require legal recognition by a modified and realist form of international law and, if so, then in which particular ways?
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