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| 1 |
ID:
136121
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| Summary/Abstract |
The events of this year have raised questions about fundamental concepts of international relations – War and Peace, the State, and International Law. These reflections evoke an especially philosophical mood in contrast to what is happening in world politics today, where all actors obviously lack a long-term vision and strategy.
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| 2 |
ID:
136538
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| Summary/Abstract |
Abuse of process has been regularly invoked before international arbitral tribunals to dismiss INVESTMENT claims. Because of its multifaceted character, the concept deserves a careful analysis in the light of international and comparative law. In investment arbitration, it is mentioned sometimes as a mere preoccupation justifying the teleological interpretation of a treaty, sometimes as the motive for the adoption of a new arbitration rule, and sometimes as a legal principle limiting access to arbitration. This article studies the different situations deemed to be abusive in the practice of investment tribunals, ranging from frivolous claims to conduct undermining the integrity of the arbitral procedure. An overall analysis reveals the main features of abuse of process as a legal principle, and its potentialities for the emergence of a system of investment arbitration.
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| 3 |
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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| 4 |
ID:
136597
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| Summary/Abstract |
Without explicitly referencing the so-called Dahiya doctrine, Israel accompanied its summer 2014 onslaught against Gaza with a formidable media campaign of vilification and dehumanization, which enabled it to prosecute Operation Protective Edge with minimal criticism. Despite repeatedly violating the norms of international law, Israel portrayed itself as facing a near-existential threat from Palestinians who, in turn, were characterized as irrational actors and blamed for their own deaths. Israel’s discursive dominance resulted from the failure of an official Palestinian media strategy and from the news media’s reticence to question Israel’s actions or challenge its narrative.
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| 5 |
ID:
134839
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| Summary/Abstract |
I recall a small, private Berlin dinner at which a senior official of the government of Chancellor Gerhard Schröder chastised me, the American guest, over Guantánamo. It showed an egregious disregard for international law among other things, the cabinet minister advised me. During the course of the evening, that same official also volunteered that, were the Guantánamo detainees on German soil, the Federal Republic would not know exactly what to do with them. This reminds me of the undiplomatic remark of a Berlin-based British diplomat from around the same time who quipped to me: “When Germans face a dilemma, they stare it in the face—then proceed to walk away, leaving the hardest choices for others.
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| 6 |
ID:
134923
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| Summary/Abstract |
The article informs that it has been a hundred years since the inauguration of the Peace Palace at the Hague, the Netherlands, which was built to house the Permanent Court of Arbitration and subsequently the site of the International Court of Justice (ICJ). It indicates that the courts reflected the development of processes for the peaceful means for the settlement of international disputes. It also notes that Peace Palace has been a centre for the study of international law.
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| 7 |
ID:
134669
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| Summary/Abstract |
The Ministry of Foreign Affairs of the People's Republic of China and the Chinese Society of International Law jointly held a colloquium on international law on May 27, 2014, to commemorate the 60th anniversary of the debut of the Five Principles of Peaceful Coexistence (hereinafter, “the Five Principles”), jointly enunciated and championed by China, India and Myanmar in 1954. H.E. Mr. LIU Zhenmin, Vice Minister of the Ministry of Foreign Affairs of China, H.E. Mr. LI Shishi, President of the Chinese Society of International Law, H.E. Mr. Serpa Soares, Under-Secretary-General and Legal Counsel of the United Nations attended the colloquium and delivered keynote speeches. The colloquium was chaired by Mr. XU Hong, Director-General of the Department of Treaty and Law, the Ministry of Foreign Affairs of China. The Panel discussions were chaired respectively by H.E. Mr. Serpa Soares and Professor Rahmat Mohamad, Secretary-General of Asian-African Legal Consultative Organization
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| 8 |
ID:
136533
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| Summary/Abstract |
October 24th is the United Nations Day. On this day sixty-nine years ago, the Charter of the United Nations, the instrument of international law with the most far-reaching impact on world peace and security in the modern history of international relations, officially came into effect. On this very day, there is every necessity for us to review the purposes and principles of the UN Charter, reaffirm the commitment to maintaining peace and international rule of law, reject the law of the jungle where the strong do what they want and the weak suffer what they must, and uphold international rule of law, equity and justice.
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| 9 |
ID:
134647
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| Summary/Abstract |
This paper starts from the assumption that geostrategic and security interests alone are not sufficient to explain China’s foreign policy choices. It argues that ideas about what China’s role as an actor in the increasingly globalised international system should be, and about world order in general, have a deep influence on China’s foreign policy decision-making process. Taking the North Korean issue as a case study, the paper postulates that China is currently engaged in a search for a ‘new’ identity as a global player. China’s actor identity is composed of various partly contradictory role conceptions. National roles derived from China’s internal system structures and its historical past lead to continuity in foreign policy, while the ‘new’ roles resultant from China’s rise to global power require an adaptation of its foreign policy principles. In the case of its relationship with North Korea, China’s foreign policy is oscillating between the two roles of ‘socialist power’ – as thus comrade-in-arms with its socialist neighbour – and ‘responsible great power’, which leads to it being expected to comply with international norms, and thus to condemn North Korea’s nuclear provocations and related actions.
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| 10 |
ID:
134631
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| Summary/Abstract |
The construction of territorial sovereignty is key to conceptions of modern states. Yet after the Partition of India and Pakistan in 1947, when both became independent from Britain, the precise nature of India’s relationship to Pakistan was open to some question. Was Pakistan a foreign country? Was India’s relationship to it international? This article uses the example of a dispute over water resources in the Indus Basin to highlight the process through which Indian officials in New Delhi’s External Affairs and Law ministries came to define Pakistan as constitutionally, as well as geographically, “outside” India between 1948 and 1951. Yet while Indian policy makers manoeuvred into an aggressive stance against Pakistan, both countries’ membership of the British Commonwealth implied an international relationship blurring the formal distinction between “domestic” and “foreign”. Negotiating the contradictions between Commonwealth rules and the desire to assert sovereignty over territory and resources, I argue, made Indian sovereignty contingent on circumstance.
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| 11 |
ID:
136887
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| Summary/Abstract |
It has only been since 2007 that the European Union has had a common space policy. Dependent as any other developed region on space-based assets, Europe has sought a space policy that will ensure that the EU retain a leading role in the strategic policy areas, such as business applications, communications, and weather forecasting. Moreover, in addition to long-standing competition from Russia and the United States, the emerging space actors of China and India, as well as growing economic powers like Brazil, require that the EU reassess its strengths and understands the challenges to implementing a successful pan-European space policy. To address these challenges, for the past seven years the European Space Policy Institute has hosted its Autumn Conference, which brings together space policy scholars from a variety of disciplines to explore those space policy aspects that most affect the European Union. Held on 11e12 September 2013 at ESPI's headquarters in Vienna, Austria, the conference's theme was “Space in a
Changing World.” Hosted by Peter Hulsroj, Director of ESPI, and Herbert Allgeier, Chair of ESPI's Advisory Council, the presentations covered a variety of perspectives, ranging from security, superpower cooperation, international law in space weaponization, and the emergence and impact of new space actors, especially in emerging economic powers.
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| 12 |
ID:
134949
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| Summary/Abstract |
Market-based incentives are a new approach to direct fisheries toward greater sustainability. The Marine Stewardship Council (MSC) is the leading certification scheme for wild capture fisheries. Four Russian fisheries were certified from 2010 to 2014. Despite a slow start, the Russian fishery assessments have gone more quickly, received less public criticism, and scored better over time. Consensus is emerging that the Russian system for fisheries management fulfills the MSC requirements.
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| 13 |
ID:
134666
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| Summary/Abstract |
Today, we gather here in Beijing to commemorate the 60th anniversary of the Five Principles of Peaceful Coexistence. An international law colloquium specially dedicated to the Five Principles is the first of its kind as far as I can remember. In that sense I believe this event is of special and far-reaching significance.
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| 14 |
ID:
137142
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| Summary/Abstract |
During its engagement in Afghanistan, the US military seriously tried to mitigate the risk of civilian casualties from airstrikes only when called for by changes in military doctrine emphasizing the need to gain the support of the population. Consistent efforts by external political and humanitarian actors to reduce casualties by demanding more transparency and clearer lines of accountability for ‘collateral damage’ had little immediate, observable effect. The case study underlines the contingent nature of progress towards protecting civilians in armed conflict even when a military institution formally accepts the principles of customary international humanitarian law, but concludes that, faute de mieux, strategies to enhance protection through greater accountability and attention to the kind of military ordinance used remain central.
Over time there have been significant advances in international humanitarian law to strengthen the protection of civilians during armed conflict, and, as Adam Roberts notes, ‘in practice something has been achieved’.1 The record of the US military forces in Afghanistan after 2001, however, underlines the element of contingency in this development. During more than a decade of combat engagement in Afghanistan, the US military operated in a context of customary international law that was formally observed, but measures to reduce the impact of military operations on civilians varied significantly in practice. Only in two short periods did the USA or joint ISAF (International Security Assistance Force) command adopt practices to seriously mitigate the risk of civilian casualties. What explains this variation over time, and what does it tell us about the influence of legal norms on the belligerent?
Civilian casualties produced by US airstrikes produced the vast majority of casualties attributed to allied operations in Afghanistan. Authoritative sources reported almost 2,000 were killed and many more injured in the period 2006–13 (see Table 1).2 The US military and ISAF considered the civilian deaths as incidental damage – the unfortunate, accidental effects of war. Yet as Neta Crawford has argued, these effects were systemic in nature.3 They were ‘normal accidents’ in the sense originally developed by Charles Perrow: the predictable outcome of a flawed system design.4
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| 15 |
ID:
134645
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| Summary/Abstract |
This article examines the adoption of the rights-based approach (rba) to development at ActionAid International, focusing in particular on its Education Theme. Although there has been a considerable volume of work that examines the rise of rba, including in the pages of Third World Quarterly, the power dynamics and conflict involved in shifting to rba have largely gone unnoticed and explored. Using the methodological tools of discourse analysis and social movement theory on strategic issue framing, I examine how ActionAid leadership worked to ‘sell’ rba to somewhat resistant staff and partners. I argue that ActionAid struggled to reconcile its commitment to global rights norms with the ongoing needs-based programming at country level. This raises important questions about the power dynamics involved when an ngo undergoes a process of organisational change, even when, as is the case with rba, this is widely seen as a progressive and desirable transition.
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| 16 |
ID:
134670
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| Summary/Abstract |
Ever since it was created in 2006, the Human Rights Council has established a significant number of commissions of inquiry. Other than their historic counterparts, the mandates of these commissions have not been fact-oriented but have had a strong legal dimension. In this context, questions arise whether the commissions are primarily acting as fact-finders or rather as de facto law-applying authorities. Are they supposed to function as self-standing institutional arrangements, or should they rather operate at the service of other mechanisms? The overarching and more generic question is: what is the primary function of human rights commissions of inquiry as established by the Human Rights Council and to what extent is the invocation of international law instrumental in fulfilling that function? This paper examines commissions of inquiry through a historical-comparative approach and demonstrates that contemporary human rights commissions of inquiry have fundamentally different purposes. Where the original Hague-inquiries were predominantly transactional in character, the human rights inquiries rather have alerting and authoritative aspirations.
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| 17 |
ID:
134668
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| Summary/Abstract |
This Editorial Comment elaborates the author's concept of the international law of co-progressiveness first as a descriptive observation and then as a normative position and attempts to identify some core tenets of this law.
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| 18 |
ID:
134813
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| Summary/Abstract |
Looking closely at Israel’s obligations over Palestinian natural resources, we can see that Israel, as an occupying power, does not obtain sovereignty over the West Bank, East Jerusalem or the Gaza Strip, and acts as an administrator of the land as long as the occupation continues.
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| 19 |
ID:
134667
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| Summary/Abstract |
In light of the focus of our discussion today, which places an emphasis on both the historical contributions of the Five Principles of Peaceful Co-existence and the challenges presented by contemporary international relations, I would like to concentrate my own introductory remarks on three main topics. The first is to trace, from the perspective of the United Nations, the impact of the Five Principles on international law and international relations; the second is to speak more broadly about what I see as the role of first-order “principles” in formulating answers to complex international legal questions; and the third is to investigate, if only on the surface level, how the current international environment, with all the challenges and opportunities that it presents, can lead those of us who operate within it to both question and confirm our principles. My goal with these remarks, as I hope you will appreciate, will not necessarily be to provide concrete answers. Rather, I would like to raise a number of issues for our mutual consideration, which might form the basis for more in-depth discussion throughout the day.
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| 20 |
ID:
135175
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| Summary/Abstract |
The drone is the latest tool to promote interests of a nation-state. It is clear that USA as well as other major powers anticipate that robotics will play a key role in future warfare. Today, more than 70 countries have already acquired drone technology and many others are desperate to join the ranks. This urge for drone technology will ultimately lead to a “boundless and borderless war without end.” In the case of Pakistan, the US drone campaign has raised some important issues regarding how their use could, or should, be regulated in the future. This article analyses the legal issues raised by the US's use of drone technology in non-combat zones, such as Pakistan. It is argued that a reckless disrespect of Pakistan's sovereignty has had adverse implications and consequences for the legitimacy of the Pakistani government. Drone strikes have prompted instinctive opposition among the Pakistani population, hurt their feelings and estranged them from the government. This in turn has added to Pakistan's instability and stimulated a ground-swell of animosity toward the USA.
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