Jochen Prantl
- Published in print:
- 2006
- Published Online:
- May 2006
- ISBN:
- 9780199287680
- eISBN:
- 9780191603723
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199287686.003.0003
- Subject:
- Political Science, International Relations and Politics
This chapter examines the question of what triggered the emergence of informal groups of states in the form of the advisory committees in the 1950s, and argues that their establishment has to be seen ...
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This chapter examines the question of what triggered the emergence of informal groups of states in the form of the advisory committees in the 1950s, and argues that their establishment has to be seen against the background of great power tensions in the Security Council. The early stages of UN peacekeeping saw a shift of governance from the Security Council to the Secretary-General and the General Assembly, which fostered the emergence of informal ad hoc groupings of states. The formation of advisory committees reflected the desire of the Secretary-General to strengthen his voice vis-á-vis the Security Council. When the lack of unanimity of the permanent members prevented the Council from assuming its responsibilities, the General Assembly took charge by recommending collective measures. However, when the Security Council was able to act, its resolutions and mandates entrusted to the Secretary-General often reflected a political compromise based on the lowest common denominator among its members. The workings of the two advisory committees established in the context of crises at the Suez Canal (1956-67) and in the Congo (1960-4) illustrate these points further.Less
This chapter examines the question of what triggered the emergence of informal groups of states in the form of the advisory committees in the 1950s, and argues that their establishment has to be seen against the background of great power tensions in the Security Council. The early stages of UN peacekeeping saw a shift of governance from the Security Council to the Secretary-General and the General Assembly, which fostered the emergence of informal ad hoc groupings of states. The formation of advisory committees reflected the desire of the Secretary-General to strengthen his voice vis-á-vis the Security Council. When the lack of unanimity of the permanent members prevented the Council from assuming its responsibilities, the General Assembly took charge by recommending collective measures. However, when the Security Council was able to act, its resolutions and mandates entrusted to the Secretary-General often reflected a political compromise based on the lowest common denominator among its members. The workings of the two advisory committees established in the context of crises at the Suez Canal (1956-67) and in the Congo (1960-4) illustrate these points further.
Nicholas J. Wheeler
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199267217
- eISBN:
- 9780191601118
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199267219.003.0003
- Subject:
- Political Science, International Relations and Politics
Argues that we are witnessing the development of a new norm of military intervention for humanitarian purposes in contemporary international society. Since the end of the Cold War, the United Nations ...
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Argues that we are witnessing the development of a new norm of military intervention for humanitarian purposes in contemporary international society. Since the end of the Cold War, the United Nations Security Council has been more active in the realm of intervention, extending its Chapter VII powers into matters that had previously belonged to the domestic jurisdiction of states. Without the material power of Western states, this activism would not have been possible. However, a purely materialist explanation for this development fails to consider the changed normative context within Western states that permitted, and in some cases encouraged, intervention. While normative evolution has occurred, it is also limited in its scope, specifically over the question of whether military intervention must have Security Council authorization.Less
Argues that we are witnessing the development of a new norm of military intervention for humanitarian purposes in contemporary international society. Since the end of the Cold War, the United Nations Security Council has been more active in the realm of intervention, extending its Chapter VII powers into matters that had previously belonged to the domestic jurisdiction of states. Without the material power of Western states, this activism would not have been possible. However, a purely materialist explanation for this development fails to consider the changed normative context within Western states that permitted, and in some cases encouraged, intervention. While normative evolution has occurred, it is also limited in its scope, specifically over the question of whether military intervention must have Security Council authorization.
Arad Reisberg
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199204892
- eISBN:
- 9780191709487
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199204892.003.0008
- Subject:
- Law, Company and Commercial Law
This chapter examines four possible avenues to rectify the economic impediments to derivative actions. The first two focus on short-term solutions and involve the company and the claimant ...
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This chapter examines four possible avenues to rectify the economic impediments to derivative actions. The first two focus on short-term solutions and involve the company and the claimant shareholder. Section 7.2.1 considers making a mandatory requirement for the company to pay the costs of the action. Section 7.2.2 then looks at the merits and demerits of rewarding the shareholder with part of the proceeds of a successful action. The last two sections concentrate on solutions in which the risk of loss is shifted on to the claimant's attorney. Section 7.3 explores new possibilities in the guise of conditional fee agreements; Section 7.4 assesses the possibility of adopting a US-style contingency fees in the limited context of derivative actions. Section 7.5 concludes.Less
This chapter examines four possible avenues to rectify the economic impediments to derivative actions. The first two focus on short-term solutions and involve the company and the claimant shareholder. Section 7.2.1 considers making a mandatory requirement for the company to pay the costs of the action. Section 7.2.2 then looks at the merits and demerits of rewarding the shareholder with part of the proceeds of a successful action. The last two sections concentrate on solutions in which the risk of loss is shifted on to the claimant's attorney. Section 7.3 explores new possibilities in the guise of conditional fee agreements; Section 7.4 assesses the possibility of adopting a US-style contingency fees in the limited context of derivative actions. Section 7.5 concludes.
Richard Holton
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199214570
- eISBN:
- 9780191706547
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199214570.001.0001
- Subject:
- Philosophy, Moral Philosophy, Philosophy of Mind
This book provides a unified account of the will, pulling together a diverse range of phenomena that have typically been treated separately: intention, resolution, choice, weakness and strength of ...
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This book provides a unified account of the will, pulling together a diverse range of phenomena that have typically been treated separately: intention, resolution, choice, weakness and strength of will, temptation, addiction, and freedom of the will. Drawing on recent psychological research, it is argued that rather than being the pinnacle of rationality, these components work to compensate for our inability to make and maintain sound judgments. Choice is the capacity to form intentions even in the absence of judgment of which action is best. Weakness of will is the failure to maintain resolutions in the face of temptation, where temptation typically involves a shift in judgment as to what is best, or, in cases of addiction, a disconnection between what is judged best and what is desired. Strength of will is the corresponding ability to maintain a resolution in the face of temptation, an ability that requires the employment of a particular faculty or skill. Finally, the experience of freedom of the will is traced to the experiences of forming intentions, and of maintaining resolutions, both of which require effortful activity from the agent.Less
This book provides a unified account of the will, pulling together a diverse range of phenomena that have typically been treated separately: intention, resolution, choice, weakness and strength of will, temptation, addiction, and freedom of the will. Drawing on recent psychological research, it is argued that rather than being the pinnacle of rationality, these components work to compensate for our inability to make and maintain sound judgments. Choice is the capacity to form intentions even in the absence of judgment of which action is best. Weakness of will is the failure to maintain resolutions in the face of temptation, where temptation typically involves a shift in judgment as to what is best, or, in cases of addiction, a disconnection between what is judged best and what is desired. Strength of will is the corresponding ability to maintain a resolution in the face of temptation, an ability that requires the employment of a particular faculty or skill. Finally, the experience of freedom of the will is traced to the experiences of forming intentions, and of maintaining resolutions, both of which require effortful activity from the agent.
Barry Eichengreen
- Published in print:
- 2002
- Published Online:
- October 2011
- ISBN:
- 9780199257430
- eISBN:
- 9780191698453
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199257430.001.0001
- Subject:
- Economics and Finance, Financial Economics
This book provides a critical assessment of the official sector's efforts to manage more effectively financial crises in emerging markets. The book reviews international initiatives on both the ...
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This book provides a critical assessment of the official sector's efforts to manage more effectively financial crises in emerging markets. The book reviews international initiatives on both the crisis prevention and crisis resolution fronts. While crises will always be with us, it concludes that good progress has been made in limiting their spread and strengthening the international financial system. Ironically, however, official sector initiatives in this area may in fact have made life more difficult for the poorest countries. Initiatives to limit the incidence of crises and threats to the stability of the international financial system should therefore be linked to an increase in development assistance designed to offset the extra burdens on the poorest countries. The other place where official efforts have fallen short is in creating new ways of resolving crises. The book argues that the old way — the official sector financing through the International Monetary Fund — is part of the problem, not part of the solution.Less
This book provides a critical assessment of the official sector's efforts to manage more effectively financial crises in emerging markets. The book reviews international initiatives on both the crisis prevention and crisis resolution fronts. While crises will always be with us, it concludes that good progress has been made in limiting their spread and strengthening the international financial system. Ironically, however, official sector initiatives in this area may in fact have made life more difficult for the poorest countries. Initiatives to limit the incidence of crises and threats to the stability of the international financial system should therefore be linked to an increase in development assistance designed to offset the extra burdens on the poorest countries. The other place where official efforts have fallen short is in creating new ways of resolving crises. The book argues that the old way — the official sector financing through the International Monetary Fund — is part of the problem, not part of the solution.
Sydney D. Bailey and Sam Daws
- Published in print:
- 1998
- Published Online:
- November 2003
- ISBN:
- 9780198280736
- eISBN:
- 9780191598746
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198280734.003.0005
- Subject:
- Political Science, International Relations and Politics
Looks at voting at the UN Security Council. The introduction makes the point that a proposal (or draft resolution) may be submitted by any member/s of the Council (known as the sponsor or ...
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Looks at voting at the UN Security Council. The introduction makes the point that a proposal (or draft resolution) may be submitted by any member/s of the Council (known as the sponsor or co‐sponsors), and that a member of the UN who is not a member of the Council may also submit a proposal, but it will only be put to the vote at the request of a Council member. A procedural motion or draft resolution may be withdrawn at any time as long as no vote has been taken on it, unless it has more than one sponsor, in which case a vote may be required. The first two sections of the chapter discuss procedural motions and substantive decisions, and the next section discusses the veto (as implied by Article 27 of the Charter), and includes tables giving details of all vetoes cast from 1946 to mid 1997. The following two sections discuss the double veto (examples are given) and the ‘hidden veto’, and the remaining sections discuss abstentions (with examples), absence, non‐participation in the vote, consensus and unanimity (details are tabulated of Council resolutions adopted ‘without a vote’ or ‘by consensus’), and when decisions are binding.Less
Looks at voting at the UN Security Council. The introduction makes the point that a proposal (or draft resolution) may be submitted by any member/s of the Council (known as the sponsor or co‐sponsors), and that a member of the UN who is not a member of the Council may also submit a proposal, but it will only be put to the vote at the request of a Council member. A procedural motion or draft resolution may be withdrawn at any time as long as no vote has been taken on it, unless it has more than one sponsor, in which case a vote may be required. The first two sections of the chapter discuss procedural motions and substantive decisions, and the next section discusses the veto (as implied by Article 27 of the Charter), and includes tables giving details of all vetoes cast from 1946 to mid 1997. The following two sections discuss the double veto (examples are given) and the ‘hidden veto’, and the remaining sections discuss abstentions (with examples), absence, non‐participation in the vote, consensus and unanimity (details are tabulated of Council resolutions adopted ‘without a vote’ or ‘by consensus’), and when decisions are binding.
Benjamin Gidron, Stanley N. Katz, and Yeheskel Hasenfeld
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780195125924
- eISBN:
- 9780199833894
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195125924.003.0001
- Subject:
- Political Science, International Relations and Politics
Increasingly, scholars are recognizing that civil society is important to the prevention of conflict and peace keeping. Peace and conflict‐resolution organizations (P/CROs) are a form of civil ...
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Increasingly, scholars are recognizing that civil society is important to the prevention of conflict and peace keeping. Peace and conflict‐resolution organizations (P/CROs) are a form of civil society or nongovernmental organizations dedicated to promoting peace and ending violence. This chapter introduces an international comparative study of P/CROs in three protracted conflicts in South Africa, Northern Ireland, and Israel/Palestine, and justifies the choice of these conflicts. It describes the range of P/CROs studied, difficulties encountered during the study, and study issues, which include: the organizational characteristics of the P/CROs; the methods P/CROs employed; comparisons of P/CROs in the four countries; and the contributions P/CROs made to peace in their regions.Less
Increasingly, scholars are recognizing that civil society is important to the prevention of conflict and peace keeping. Peace and conflict‐resolution organizations (P/CROs) are a form of civil society or nongovernmental organizations dedicated to promoting peace and ending violence. This chapter introduces an international comparative study of P/CROs in three protracted conflicts in South Africa, Northern Ireland, and Israel/Palestine, and justifies the choice of these conflicts. It describes the range of P/CROs studied, difficulties encountered during the study, and study issues, which include: the organizational characteristics of the P/CROs; the methods P/CROs employed; comparisons of P/CROs in the four countries; and the contributions P/CROs made to peace in their regions.
Barry Eichengreen
- Published in print:
- 2002
- Published Online:
- October 2011
- ISBN:
- 9780199257430
- eISBN:
- 9780191698453
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199257430.003.0006
- Subject:
- Economics and Finance, Financial Economics
This chapter comments on the international community's crisis prevention and crisis resolution efforts. It suggests that though a variety of initiatives have been successful, two gaps remain. One is ...
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This chapter comments on the international community's crisis prevention and crisis resolution efforts. It suggests that though a variety of initiatives have been successful, two gaps remain. One is addressing the problems of the poorest countries because several elements of the so-called new international financial architecture have created further obstacles to their road to economic development. The other gap involves creating alternatives to bailouts for resolving crises in order to ease the pressure on the International Monetary Fund to extend to financial assistance.Less
This chapter comments on the international community's crisis prevention and crisis resolution efforts. It suggests that though a variety of initiatives have been successful, two gaps remain. One is addressing the problems of the poorest countries because several elements of the so-called new international financial architecture have created further obstacles to their road to economic development. The other gap involves creating alternatives to bailouts for resolving crises in order to ease the pressure on the International Monetary Fund to extend to financial assistance.
John C. H. Spence
- Published in print:
- 2008
- Published Online:
- January 2010
- ISBN:
- 9780199552757
- eISBN:
- 9780191708664
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199552757.001.0001
- Subject:
- Physics, Atomic, Laser, and Optical Physics
This book covers both practical and theoretical aspects of atomic resolution transmission electron microscopy. The discovery of the carbon nanotube, the three-dimensional imaging of the ribosome, and ...
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This book covers both practical and theoretical aspects of atomic resolution transmission electron microscopy. The discovery of the carbon nanotube, the three-dimensional imaging of the ribosome, and the imaging of a single foreign atom inside a thin crystal by energy-filtered transmission electron microscopy have all demonstrated the immense power of this technique. The recent development of aberration-correction devices has brought the spatial resolution of the method below one Angstrom. The emphasis throughout is on a clear presentation of fundamental concepts, and practical advice. The chapters review simple electron optics, phase contrast theory, coherence theory, and imaging theory for thin crystals. The multiple scattering theory is given in full, and the relationship between the various formulations (Bloch-wave, multislice, scattering matrix, Howie–Whelan equations, phase grating etc) is explained. Applications in biology and materials science are covered, with discussions of radiation damage, sample preparation, image processing and super-resolution, electron holography, and aberration correction. The theory of high-angle annular dark field Z-contrast imaging by scanning transmission electron microscopy is given in full. Additional chapters are devoted to electron sources and detectors, fault diagnosis, experimental methods and associated techniques such as channelling effects in X-ray microanalysis, microdiffraction, cathodoluminescence, environmental microscopy and electron energy-loss spectroscopy.Less
This book covers both practical and theoretical aspects of atomic resolution transmission electron microscopy. The discovery of the carbon nanotube, the three-dimensional imaging of the ribosome, and the imaging of a single foreign atom inside a thin crystal by energy-filtered transmission electron microscopy have all demonstrated the immense power of this technique. The recent development of aberration-correction devices has brought the spatial resolution of the method below one Angstrom. The emphasis throughout is on a clear presentation of fundamental concepts, and practical advice. The chapters review simple electron optics, phase contrast theory, coherence theory, and imaging theory for thin crystals. The multiple scattering theory is given in full, and the relationship between the various formulations (Bloch-wave, multislice, scattering matrix, Howie–Whelan equations, phase grating etc) is explained. Applications in biology and materials science are covered, with discussions of radiation damage, sample preparation, image processing and super-resolution, electron holography, and aberration correction. The theory of high-angle annular dark field Z-contrast imaging by scanning transmission electron microscopy is given in full. Additional chapters are devoted to electron sources and detectors, fault diagnosis, experimental methods and associated techniques such as channelling effects in X-ray microanalysis, microdiffraction, cathodoluminescence, environmental microscopy and electron energy-loss spectroscopy.
Sir Adam Roberts
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199267217
- eISBN:
- 9780191601118
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199267219.003.0005
- Subject:
- Political Science, International Relations and Politics
Demonstrates that the United Nations has been at the centre of key field operations and policy debates relating to humanitarian intervention since the end of the Cold War. However, the issue of ...
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Demonstrates that the United Nations has been at the centre of key field operations and policy debates relating to humanitarian intervention since the end of the Cold War. However, the issue of humanitarian intervention also poses a challenge to the UN and its member states, and could even undermine the organization. At the heart of the UN’s difficulty is a delicate balance between the rights of individuals and the rights of states. For its first 45 years, the body was associated with the principle of non-intervention and the non-use of force, yet, since 1990, it has endorsed a series of interventions for humanitarian purposes. After considering the history and causes of this shift, the author discusses nine cases of intervention between 1990 and 2001. These cases reveal a number of issues and controversies, including reliance on the UN Security Council for authorization, the stance of the UN Secretary General, and the impact of the 2002 National Security Strategy of the United States.Less
Demonstrates that the United Nations has been at the centre of key field operations and policy debates relating to humanitarian intervention since the end of the Cold War. However, the issue of humanitarian intervention also poses a challenge to the UN and its member states, and could even undermine the organization. At the heart of the UN’s difficulty is a delicate balance between the rights of individuals and the rights of states. For its first 45 years, the body was associated with the principle of non-intervention and the non-use of force, yet, since 1990, it has endorsed a series of interventions for humanitarian purposes. After considering the history and causes of this shift, the author discusses nine cases of intervention between 1990 and 2001. These cases reveal a number of issues and controversies, including reliance on the UN Security Council for authorization, the stance of the UN Secretary General, and the impact of the 2002 National Security Strategy of the United States.
Cynthia Franklin, Mary Beth Harris, and Paula Allen-Meares (eds)
- Published in print:
- 2008
- Published Online:
- April 2010
- ISBN:
- 9780195370706
- eISBN:
- 9780199893515
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195370706.001.0001
- Subject:
- Social Work, Children and Families
Here, readers will find an overview of violence and interpersonal conflict in schools. This Concise Companion covers the types of violence that threaten school and student safety — from bullying to ...
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Here, readers will find an overview of violence and interpersonal conflict in schools. This Concise Companion covers the types of violence that threaten school and student safety — from bullying to sexual assault to gang activity — and presents strategies to assess risk, teach conflict-resolution skills, and create a violence-free culture. Each chapter is filled with charts, checklists and cases, organized around What We Know, What We Can Do, Tools and Practice Examples, and Key Points to Remember.Less
Here, readers will find an overview of violence and interpersonal conflict in schools. This Concise Companion covers the types of violence that threaten school and student safety — from bullying to sexual assault to gang activity — and presents strategies to assess risk, teach conflict-resolution skills, and create a violence-free culture. Each chapter is filled with charts, checklists and cases, organized around What We Know, What We Can Do, Tools and Practice Examples, and Key Points to Remember.
Sydney D. Bailey and Sam Daws
- Published in print:
- 1998
- Published Online:
- November 2003
- ISBN:
- 9780198280736
- eISBN:
- 9780191598746
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198280734.001.0001
- Subject:
- Political Science, International Relations and Politics
The Procedure of the UN Security Council is the definitive book of its kind and has been widely used by UN practitioners and scholars for over twenty years. This new revised and ...
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The Procedure of the UN Security Council is the definitive book of its kind and has been widely used by UN practitioners and scholars for over twenty years. This new revised and thoroughly updated third edition encompasses the many changes in Council procedure that have occurred since the end of the Cold War, which ushered in new possibilities for international co‐operation, and increased recourse to the UN. The last decade has seen the Gulf War and a plethora of new and often complex peacekeeping operations, from Bosnia to Rwanda, and such increased demands and associated expectations have placed a spotlight on the role and functioning of the Security Council. Recent years have seen a greater recourse to informal consultations of Council members prior to Council meetings, and the search for consensual Council decision‐making has led to differences of opinion on both procedural and substantive matters being dealt with largely during such consultations. This has produced calls from non‐members for greater Council transparency. Other proposals, both from within and outside the UN, have advocated reforms to the Council's composition or working methods to ensure its continued effectiveness and legitimacy. The new edition attempts to reflect the many recent developments in the procedure of the Security Council, while still reflecting the considerable continuity that exists with the past. In particular, to illustrate and illuminate aspects of Council procedure, many examples have been used from the UN's early years, since this was the time when many of the original precedents were created. Some of the anecdotes that touch on the human side of Council diplomacy have also been retained. The new edition includes new information on the following: the Provisional Rules of Procedure; public and private meetings; consultations and briefings with non‐members and troop‐contributors, including transparency, Presidential briefings, and orientation debates; informal consultations and ‘Arria formula’ meetings; the appointment of the Secretary‐General of the UN; relationships with the UN General Assembly, the UN International Court of Justice, the UN Trusteeship Council, and the UN Military Staff Committee; subsidiary organs, including sanctions committees; the veto and Security Council membership; Chapter VII resolutions, UN peacekeeping and UN‐authorized enforcement; Council enlargement and de jure and de facto Charter amendments; changes in Council documentation; and ad hoc and regional groupings in the Council.Less
The Procedure of the UN Security Council is the definitive book of its kind and has been widely used by UN practitioners and scholars for over twenty years. This new revised and thoroughly updated third edition encompasses the many changes in Council procedure that have occurred since the end of the Cold War, which ushered in new possibilities for international co‐operation, and increased recourse to the UN. The last decade has seen the Gulf War and a plethora of new and often complex peacekeeping operations, from Bosnia to Rwanda, and such increased demands and associated expectations have placed a spotlight on the role and functioning of the Security Council. Recent years have seen a greater recourse to informal consultations of Council members prior to Council meetings, and the search for consensual Council decision‐making has led to differences of opinion on both procedural and substantive matters being dealt with largely during such consultations. This has produced calls from non‐members for greater Council transparency. Other proposals, both from within and outside the UN, have advocated reforms to the Council's composition or working methods to ensure its continued effectiveness and legitimacy. The new edition attempts to reflect the many recent developments in the procedure of the Security Council, while still reflecting the considerable continuity that exists with the past. In particular, to illustrate and illuminate aspects of Council procedure, many examples have been used from the UN's early years, since this was the time when many of the original precedents were created. Some of the anecdotes that touch on the human side of Council diplomacy have also been retained. The new edition includes new information on the following: the Provisional Rules of Procedure; public and private meetings; consultations and briefings with non‐members and troop‐contributors, including transparency, Presidential briefings, and orientation debates; informal consultations and ‘Arria formula’ meetings; the appointment of the Secretary‐General of the UN; relationships with the UN General Assembly, the UN International Court of Justice, the UN Trusteeship Council, and the UN Military Staff Committee; subsidiary organs, including sanctions committees; the veto and Security Council membership; Chapter VII resolutions, UN peacekeeping and UN‐authorized enforcement; Council enlargement and de jure and de facto Charter amendments; changes in Council documentation; and ad hoc and regional groupings in the Council.
Karen J. Alter
- Published in print:
- 2014
- Published Online:
- October 2017
- ISBN:
- 9780691154749
- eISBN:
- 9781400848683
- Item type:
- book
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691154749.001.0001
- Subject:
- Political Science, International Relations and Politics
In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. ...
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In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. This book charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The book presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, the book argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. The book explains how this limited power—the power to speak the law—translates into political influence, and it considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.Less
In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. This book charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The book presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, the book argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. The book explains how this limited power—the power to speak the law—translates into political influence, and it considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.
Federico Varese
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780198297369
- eISBN:
- 9780191600272
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019829736X.003.0003
- Subject:
- Political Science, Russian Politics
The Russian state is examined as a supplier of protection. The chapter first explores how Russian citizens perceive the institutions of authority that are supposed to supply services of protection ...
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The Russian state is examined as a supplier of protection. The chapter first explores how Russian citizens perceive the institutions of authority that are supposed to supply services of protection and dispute resolution, such as the legal system, state (government) officials and the police, and whether they expect fair treatment from them. Survey data from several Eastern European countries are compared in order to establish whether people should be expected to use these institutions and, more generally, to determine the levels of confidence in the legal system: the data indicate a low level of confidence in crucial institutions of authority. The second section of the chapter looks at one instance of state-supplied protection services – the courts of arbitration or Arbitrazh: the court where cases involving property rights and the privatization process are heard. The survey data presented suggest that the majority of the customers of the Arbitrazh courts are large enterprises that were formerly state-owned and were privatized in the 1990s.Less
The Russian state is examined as a supplier of protection. The chapter first explores how Russian citizens perceive the institutions of authority that are supposed to supply services of protection and dispute resolution, such as the legal system, state (government) officials and the police, and whether they expect fair treatment from them. Survey data from several Eastern European countries are compared in order to establish whether people should be expected to use these institutions and, more generally, to determine the levels of confidence in the legal system: the data indicate a low level of confidence in crucial institutions of authority. The second section of the chapter looks at one instance of state-supplied protection services – the courts of arbitration or Arbitrazh: the court where cases involving property rights and the privatization process are heard. The survey data presented suggest that the majority of the customers of the Arbitrazh courts are large enterprises that were formerly state-owned and were privatized in the 1990s.
Benjamin Gidron, Stanley N. Katz, and Yeheskel Hasenfeld (eds)
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780195125924
- eISBN:
- 9780199833894
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195125924.001.0001
- Subject:
- Political Science, International Relations and Politics
Peace and conflict‐resolution organizations (P/CROs) are civil society organizations dedicated to resolving protracted conflicts. Teams of local researchers coordinated by an international advisory ...
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Peace and conflict‐resolution organizations (P/CROs) are civil society organizations dedicated to resolving protracted conflicts. Teams of local researchers coordinated by an international advisory board, investigate the characteristics, roles, similarities, and differences of P/CROs in South Africa, Northern Ireland, and Israel/Palestine in the last third of the twentieth century. Comparative research of this sort throws up definitional, conceptual, and methodological difficulties. A historical overview of the three conflicts reveals shared features: disputes over land; forced settlements; ethnonational divisions; and the intersection of class and race. In South Africa, P/CROs engaged in antimilitarization activities, mediation, promoting contact between white and black communities, encouraging dialog between elites, and research, and with other antiapartheid nongovernmental organizations and the mass‐based resistance movements formed a “multiorganizational field.” In Israel, P/CRO activities included consciousness raising and protest, dialog promotion, some professional service provision, and the articulation of propeace arguments, but received little credit for any contributions they made to the peace process. Palestinian P/CROs were few and weakly developed as a result of Palestine's sociopolitical culture, although they performed human rights advocacy, international diplomacy, and domestic consciousness raising. Northern Ireland's voluntary sector was large, and included many P/CROs, which tended to focus on the symptoms of the conflict rather than the cause, and had little impact on the peace process beyond bringing an “inclusivist” philosophy to the political arena, fostering political debate, and providing some progressive leadership. Across the three regions, some P/CRO similarities emerged: foreign funding was crucial; charismatic leadership was important; almost all P/CROs became more professional and formal over time; and most P/CROs employed the same sorts of tactics, with some variation according to political context, but framed their conflicts differently. In general, it seems P/CRO impact was minimal: they played no direct role in the resolution of their respective conflicts but made indirect contributions.Less
Peace and conflict‐resolution organizations (P/CROs) are civil society organizations dedicated to resolving protracted conflicts. Teams of local researchers coordinated by an international advisory board, investigate the characteristics, roles, similarities, and differences of P/CROs in South Africa, Northern Ireland, and Israel/Palestine in the last third of the twentieth century. Comparative research of this sort throws up definitional, conceptual, and methodological difficulties. A historical overview of the three conflicts reveals shared features: disputes over land; forced settlements; ethnonational divisions; and the intersection of class and race. In South Africa, P/CROs engaged in antimilitarization activities, mediation, promoting contact between white and black communities, encouraging dialog between elites, and research, and with other antiapartheid nongovernmental organizations and the mass‐based resistance movements formed a “multiorganizational field.” In Israel, P/CRO activities included consciousness raising and protest, dialog promotion, some professional service provision, and the articulation of propeace arguments, but received little credit for any contributions they made to the peace process. Palestinian P/CROs were few and weakly developed as a result of Palestine's sociopolitical culture, although they performed human rights advocacy, international diplomacy, and domestic consciousness raising. Northern Ireland's voluntary sector was large, and included many P/CROs, which tended to focus on the symptoms of the conflict rather than the cause, and had little impact on the peace process beyond bringing an “inclusivist” philosophy to the political arena, fostering political debate, and providing some progressive leadership. Across the three regions, some P/CRO similarities emerged: foreign funding was crucial; charismatic leadership was important; almost all P/CROs became more professional and formal over time; and most P/CROs employed the same sorts of tactics, with some variation according to political context, but framed their conflicts differently. In general, it seems P/CRO impact was minimal: they played no direct role in the resolution of their respective conflicts but made indirect contributions.
Feargal Cochrane
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199244348
- eISBN:
- 9780191599866
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199244340.003.0006
- Subject:
- Political Science, UK Politics
Addresses the integrationist complaint that academics focus too much on political elites and not enough on civil society. Cochrane gives a comprehensive analysis of the role that peace and conflict ...
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Addresses the integrationist complaint that academics focus too much on political elites and not enough on civil society. Cochrane gives a comprehensive analysis of the role that peace and conflict resolution organizations have played in Northern Ireland. He shows, in a conclusion that is at odds with integrationist thinking, that many of these organizations are as divided as political elites along national lines, and are committed to a solution that accommodates both communities rather than to one that transcends one. The chapter is a useful reminder that one can want peace without wanting a merger of identities.Less
Addresses the integrationist complaint that academics focus too much on political elites and not enough on civil society. Cochrane gives a comprehensive analysis of the role that peace and conflict resolution organizations have played in Northern Ireland. He shows, in a conclusion that is at odds with integrationist thinking, that many of these organizations are as divided as political elites along national lines, and are committed to a solution that accommodates both communities rather than to one that transcends one. The chapter is a useful reminder that one can want peace without wanting a merger of identities.
Sammy Smooha
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199244348
- eISBN:
- 9780191599866
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199244340.003.0013
- Subject:
- Political Science, UK Politics
Smooha argues that Jews have settled in Palestine – Land of Israel in sufficient strength to establish a strong independent state in part of the area (pre‐1967 Israel), although their attempt to ...
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Smooha argues that Jews have settled in Palestine – Land of Israel in sufficient strength to establish a strong independent state in part of the area (pre‐1967 Israel), although their attempt to incorporate the rest (the West Bank and Gaza) by settlement has failed. As a result, partition has become the most feasible way to resolve the Jewish–Palestinian conflict. In Ireland, by contrast, the position of British settlers (Protestants) is said to be much weaker than their Jewish counterparts. The Protestants are weak demographically, lack international legitimacy, are not supported by Britain, and are faced with a confident Irish nationalism. As a consequence, the historical trend points to Britain's withdrawal and an end to the partition of Ireland as the most likely form of conflict resolution.Less
Smooha argues that Jews have settled in Palestine – Land of Israel in sufficient strength to establish a strong independent state in part of the area (pre‐1967 Israel), although their attempt to incorporate the rest (the West Bank and Gaza) by settlement has failed. As a result, partition has become the most feasible way to resolve the Jewish–Palestinian conflict. In Ireland, by contrast, the position of British settlers (Protestants) is said to be much weaker than their Jewish counterparts. The Protestants are weak demographically, lack international legitimacy, are not supported by Britain, and are faced with a confident Irish nationalism. As a consequence, the historical trend points to Britain's withdrawal and an end to the partition of Ireland as the most likely form of conflict resolution.
Alec Stone Sweet
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780199256488
- eISBN:
- 9780191600234
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199256489.003.0010
- Subject:
- Political Science, Comparative Politics
The two papers in Ch. 5 examine how lawyers and law professors, operating in private arenas, successfully revived a pre-modern legal system, the Lex Mercatoria – the international body of trade law ...
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The two papers in Ch. 5 examine how lawyers and law professors, operating in private arenas, successfully revived a pre-modern legal system, the Lex Mercatoria – the international body of trade law derived from merchant practice. Stone Sweet’s paper traces the development of a transnational legal system, comprised of a national contract law and a network of arbitration houses that compete to supply third-party dispute resolution to the international commercial world. The paper is divided into two parts. The first discusses, in a theoretical manner, obstacles to the emergence of a stable network of traders engaged in relatively long-range, impersonal exchange, focusing on three generic problems of human community: cooperation and commitment, transaction costs, and institutional choice and governance. The second part examines three quite different regimes that have governed transnational commercial activity: from the mediaeval law merchant, to the Westphalian state system and its institutional failings (including discussion of conflict of laws practices), and – the principal focus of the chapter – the new Lex Mercatoria and its institutionalization.Less
The two papers in Ch. 5 examine how lawyers and law professors, operating in private arenas, successfully revived a pre-modern legal system, the Lex Mercatoria – the international body of trade law derived from merchant practice. Stone Sweet’s paper traces the development of a transnational legal system, comprised of a national contract law and a network of arbitration houses that compete to supply third-party dispute resolution to the international commercial world. The paper is divided into two parts. The first discusses, in a theoretical manner, obstacles to the emergence of a stable network of traders engaged in relatively long-range, impersonal exchange, focusing on three generic problems of human community: cooperation and commitment, transaction costs, and institutional choice and governance. The second part examines three quite different regimes that have governed transnational commercial activity: from the mediaeval law merchant, to the Westphalian state system and its institutional failings (including discussion of conflict of laws practices), and – the principal focus of the chapter – the new Lex Mercatoria and its institutionalization.
Benjamin Gidron, Stanley N. Katz, and Yeheskel Hasenfeld
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780195125924
- eISBN:
- 9780199833894
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195125924.003.0010
- Subject:
- Political Science, International Relations and Politics
This study of peace and conflict‐resolution organizations (P/CROs) in South Africa, Northern Ireland, and Israel/Palestine faced several methodological challenges: it had to define P/CROs, draw on ...
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This study of peace and conflict‐resolution organizations (P/CROs) in South Africa, Northern Ireland, and Israel/Palestine faced several methodological challenges: it had to define P/CROs, draw on both social movement and third‐sector theory, develop research tools to obtain data about P/CROs valid for regional and international analyses, and simultaneously understand P/CROs as a class with common attributes and appreciate differences amongst them. P/CROs are a new organizational classification, different from “peace movement organizations,” an existing classification. The study analyzed P/CROs from three perspectives: social movement theory, third‐sector theory, and the institutional theory of organizations. Four main findings emerged: (1) foreign funding was central to all P/CROs; (2) charismatic leadership was crucial; (3) almost all P/CROs became more professional and formal over time; and (4) while P/CROs played no direct role in the resolution of their respective conflicts, they made important indirect contributions. In particular, P/CROs helped to “sell” future settlements and agreements to their populations. Issues for further research include the preconditions for the emergence of P/CROs, and the assimilation of social movement and third‐sector research.Less
This study of peace and conflict‐resolution organizations (P/CROs) in South Africa, Northern Ireland, and Israel/Palestine faced several methodological challenges: it had to define P/CROs, draw on both social movement and third‐sector theory, develop research tools to obtain data about P/CROs valid for regional and international analyses, and simultaneously understand P/CROs as a class with common attributes and appreciate differences amongst them. P/CROs are a new organizational classification, different from “peace movement organizations,” an existing classification. The study analyzed P/CROs from three perspectives: social movement theory, third‐sector theory, and the institutional theory of organizations. Four main findings emerged: (1) foreign funding was central to all P/CROs; (2) charismatic leadership was crucial; (3) almost all P/CROs became more professional and formal over time; and (4) while P/CROs played no direct role in the resolution of their respective conflicts, they made important indirect contributions. In particular, P/CROs helped to “sell” future settlements and agreements to their populations. Issues for further research include the preconditions for the emergence of P/CROs, and the assimilation of social movement and third‐sector research.
Rex Martin
- Published in print:
- 1997
- Published Online:
- November 2003
- ISBN:
- 9780198292937
- eISBN:
- 9780191599811
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198292937.003.0006
- Subject:
- Political Science, Political Theory
Civil rights are universal rights, rights that hold good for all citizens or all persons in a given society; on the assumption that rights are beneficial to the holder, civil rights are justified by ...
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Civil rights are universal rights, rights that hold good for all citizens or all persons in a given society; on the assumption that rights are beneficial to the holder, civil rights are justified by the fact of their general and mutually perceived benefit. Typically, there are many rights in a society devoted to civil rights; the problem then, is that rights can conflict. Even though this problem of conflict of rights can be solved by careful drafting (legislative balancing, as it is called) or by assigning priorities in zones of conflict (through assigning weights to given rights), such devices can’t solve conflicts between different exercises of one and the same right (so‐called ‘internal conflict’). Thus, we need as well on‐site resolution of conflicts by administrators and judges. In sum, we need institutional measures to harmonize rights; only then can we eliminate conflict between rights. Natural rights, which disavow such measures in principle, would inevitably conflict and hence collapse into an incoherent set.Less
Civil rights are universal rights, rights that hold good for all citizens or all persons in a given society; on the assumption that rights are beneficial to the holder, civil rights are justified by the fact of their general and mutually perceived benefit. Typically, there are many rights in a society devoted to civil rights; the problem then, is that rights can conflict. Even though this problem of conflict of rights can be solved by careful drafting (legislative balancing, as it is called) or by assigning priorities in zones of conflict (through assigning weights to given rights), such devices can’t solve conflicts between different exercises of one and the same right (so‐called ‘internal conflict’). Thus, we need as well on‐site resolution of conflicts by administrators and judges. In sum, we need institutional measures to harmonize rights; only then can we eliminate conflict between rights. Natural rights, which disavow such measures in principle, would inevitably conflict and hence collapse into an incoherent set.
