Independent International Commission on Kosovo
- Published in print:
- 2000
- Published Online:
- November 2003
- ISBN:
- 9780199243099
- eISBN:
- 9780191599538
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199243093.001.0001
- Subject:
- Political Science, International Relations and Politics
The Kosovo Report is a final product of the work by the Independent International Commission on Kosovo, established to examine key developments prior to, during, and after the Kosovo war, including ...
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The Kosovo Report is a final product of the work by the Independent International Commission on Kosovo, established to examine key developments prior to, during, and after the Kosovo war, including systematic violations of human rights in the region. The report assesses effectiveness of diplomatic efforts to prevent the war, legality of the NATO bombing campaign against Yugoslavia, and the progress of the United Nations in post‐conflict reconstruction. The Report makes a recommendation for the future status of Kosovo and proposes a new general framework for humanitarian intervention based on principles of legitimacy. It argues that the intervention by the international community in the Kosovo conflict did not so much create a precedent for intervention elsewhere as raise vital question about the legitimacy and practicability of the use of military force to defend human rights. The intervention, the Report concludes, exposed the limitations of the current international law on the balance between the rights of citizens and the rights of states; it demonstrated the difficulties that ensue when even the most sophisticated and professional military forces are deployed to achieve humanitarian goals; and it showed the immense obstacles that lie in the path of creating multi‐ethnic cooperation in societies torn apart by ethnic war.Less
The Kosovo Report is a final product of the work by the Independent International Commission on Kosovo, established to examine key developments prior to, during, and after the Kosovo war, including systematic violations of human rights in the region. The report assesses effectiveness of diplomatic efforts to prevent the war, legality of the NATO bombing campaign against Yugoslavia, and the progress of the United Nations in post‐conflict reconstruction. The Report makes a recommendation for the future status of Kosovo and proposes a new general framework for humanitarian intervention based on principles of legitimacy. It argues that the intervention by the international community in the Kosovo conflict did not so much create a precedent for intervention elsewhere as raise vital question about the legitimacy and practicability of the use of military force to defend human rights. The intervention, the Report concludes, exposed the limitations of the current international law on the balance between the rights of citizens and the rights of states; it demonstrated the difficulties that ensue when even the most sophisticated and professional military forces are deployed to achieve humanitarian goals; and it showed the immense obstacles that lie in the path of creating multi‐ethnic cooperation in societies torn apart by ethnic war.
Menno T. Kamminga and Martin Scheinin (eds)
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199565221
- eISBN:
- 9780191705281
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199565221.001.0001
- Subject:
- Law, Human Rights and Immigration, Public International Law
Traditional international law aims to protect the values and interests of states. The rapidly increasing corpus of international human rights law (including international humanitarian law and ...
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Traditional international law aims to protect the values and interests of states. The rapidly increasing corpus of international human rights law (including international humanitarian law and international criminal law) increasingly challenges the basic tenets of general international law. In order to become accepted as the law of the world community, general international law needs to reflect better the values and interests of a wider range of actors, including the individual. This book examines the impact of international human rights law on general international law. It considers areas including the structure of international obligations, the formation of customary international law, treaty law, immunities, state responsibility, and diplomatic protection. The book traces the extent to which concepts emanating from international human rights law are being incorporated by the guardians of traditional international law: the International Court of Justice and the International Law Commission.Less
Traditional international law aims to protect the values and interests of states. The rapidly increasing corpus of international human rights law (including international humanitarian law and international criminal law) increasingly challenges the basic tenets of general international law. In order to become accepted as the law of the world community, general international law needs to reflect better the values and interests of a wider range of actors, including the individual. This book examines the impact of international human rights law on general international law. It considers areas including the structure of international obligations, the formation of customary international law, treaty law, immunities, state responsibility, and diplomatic protection. The book traces the extent to which concepts emanating from international human rights law are being incorporated by the guardians of traditional international law: the International Court of Justice and the International Law Commission.
The Independent International Commission on Kosovo
- Published in print:
- 2000
- Published Online:
- November 2003
- ISBN:
- 9780199243099
- eISBN:
- 9780191599538
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199243093.003.0003
- Subject:
- Political Science, International Relations and Politics
Poses the unresolved questions about the Kosovo conflict that motivated the establishment of the Independent International Commission on Kosovo. Among others, the questions include the role of the ...
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Poses the unresolved questions about the Kosovo conflict that motivated the establishment of the Independent International Commission on Kosovo. Among others, the questions include the role of the United Nations and NATO, and the general purpose of international intervention in preventing armed conflicts. The introduction also presents the Commission's mission statement and lists its members. It outlines the contents of the report, dividing it into a narrative and an analysis.Less
Poses the unresolved questions about the Kosovo conflict that motivated the establishment of the Independent International Commission on Kosovo. Among others, the questions include the role of the United Nations and NATO, and the general purpose of international intervention in preventing armed conflicts. The introduction also presents the Commission's mission statement and lists its members. It outlines the contents of the report, dividing it into a narrative and an analysis.
Kristine Kalanges
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199859467
- eISBN:
- 9780199933518
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199859467.003.0003
- Subject:
- Law, Public International Law, Comparative Law
Freedom of religion did not become a legal reality until the modern era (e.g., through the First Amendment), and even as late as the Second World War, one global study declared a total absence of “a ...
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Freedom of religion did not become a legal reality until the modern era (e.g., through the First Amendment), and even as late as the Second World War, one global study declared a total absence of “a generally accepted postulate of international law that every State is under legal obligation to accord religious liberty within its jurisdiction.” However, in the relatively brief historical period since, freedom of religion or belief has become just such an accepted postulate of international law. This chapter explores key elements of that development, beginning with an examination of religious liberty provisions in international human rights law—the major documents and treaties, as well as issues of special concern. Next, it briefly considers two additional sources of international rights monitoring and enforcement: the U.S. Commission on International Religious Freedom and the European Court of Human Rights. Finally, it discusses the twentieth-century contributions of religious institutions to religious liberty, focusing on the role of the Catholic Church in elaborating a moral foundation for religious freedom and championing it as a pathway to peace.Less
Freedom of religion did not become a legal reality until the modern era (e.g., through the First Amendment), and even as late as the Second World War, one global study declared a total absence of “a generally accepted postulate of international law that every State is under legal obligation to accord religious liberty within its jurisdiction.” However, in the relatively brief historical period since, freedom of religion or belief has become just such an accepted postulate of international law. This chapter explores key elements of that development, beginning with an examination of religious liberty provisions in international human rights law—the major documents and treaties, as well as issues of special concern. Next, it briefly considers two additional sources of international rights monitoring and enforcement: the U.S. Commission on International Religious Freedom and the European Court of Human Rights. Finally, it discusses the twentieth-century contributions of religious institutions to religious liberty, focusing on the role of the Catholic Church in elaborating a moral foundation for religious freedom and championing it as a pathway to peace.
Jennifer M. Welsh (ed.)
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199267217
- eISBN:
- 9780191601118
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199267219.001.0001
- Subject:
- Political Science, International Relations and Politics
The issue of humanitarian intervention has generated one of the most heated debates in international relations over the past decade, for both theorists and practitioners. At its heart is the alleged ...
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The issue of humanitarian intervention has generated one of the most heated debates in international relations over the past decade, for both theorists and practitioners. At its heart is the alleged tension between the principle of state sovereignty, and the evolving norms related to individual human rights. This edited collection examines the challenges to international society posed by humanitarian intervention in a post-September 11th world. It brings scholars of law, philosophy, and international relations together with those who have actively engaged in cases of intervention, in order to examine the legitimacy and consequences of the use of military force for humanitarian purposes. The book demonstrates why humanitarian intervention continues to be a controversial question not only for the United Nations but also for Western states and humanitarian organisations.Less
The issue of humanitarian intervention has generated one of the most heated debates in international relations over the past decade, for both theorists and practitioners. At its heart is the alleged tension between the principle of state sovereignty, and the evolving norms related to individual human rights. This edited collection examines the challenges to international society posed by humanitarian intervention in a post-September 11th world. It brings scholars of law, philosophy, and international relations together with those who have actively engaged in cases of intervention, in order to examine the legitimacy and consequences of the use of military force for humanitarian purposes. The book demonstrates why humanitarian intervention continues to be a controversial question not only for the United Nations but also for Western states and humanitarian organisations.
Dr. Elli Louka
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195374131
- eISBN:
- 9780199871841
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195374131.001.0001
- Subject:
- Law, Environmental and Energy Law
This book examines water management in Europe, and the difficulties and policy dilemmas involved in creating integrated water management institutions. The book is unique in that it concentrates on ...
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This book examines water management in Europe, and the difficulties and policy dilemmas involved in creating integrated water management institutions. The book is unique in that it concentrates on institutional development, norms and guiding principles, implementation strategies, and public participation mechanisms at the local level, European Union level, and globally. The book examines the European Union Water Law and Policy as it was adopted at the beginning of 2000 and the attempt to apply integrated water management in Europe. Today, many speak of a water crisis in that the supply of water is unlikely to meet demand and because of pollution that mars many water ecosystems. Water is one of the most mismanaged natural resources. Deficient management policies and fragmented water management institutions can have catastrophic results for the management of water resources. In Europe, water management has been fragmented as states have used water resources within their borders often ignoring the impact of their actions on co-riparian states. The effort to apply integrated water management in Europe is in essence an attempt to put a stop to the fragmentation of water management policies and to integrate: upstream and downstream uses, land use planning, and water management. Water Law and Policy provides insights that can guide water development policies across national borders. It is a must-read for policymakers, water managers, and students who need to understand national and transnational water management.Less
This book examines water management in Europe, and the difficulties and policy dilemmas involved in creating integrated water management institutions. The book is unique in that it concentrates on institutional development, norms and guiding principles, implementation strategies, and public participation mechanisms at the local level, European Union level, and globally. The book examines the European Union Water Law and Policy as it was adopted at the beginning of 2000 and the attempt to apply integrated water management in Europe. Today, many speak of a water crisis in that the supply of water is unlikely to meet demand and because of pollution that mars many water ecosystems. Water is one of the most mismanaged natural resources. Deficient management policies and fragmented water management institutions can have catastrophic results for the management of water resources. In Europe, water management has been fragmented as states have used water resources within their borders often ignoring the impact of their actions on co-riparian states. The effort to apply integrated water management in Europe is in essence an attempt to put a stop to the fragmentation of water management policies and to integrate: upstream and downstream uses, land use planning, and water management. Water Law and Policy provides insights that can guide water development policies across national borders. It is a must-read for policymakers, water managers, and students who need to understand national and transnational water management.
Jennifer M. Welsh
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199267217
- eISBN:
- 9780191601118
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199267219.003.0004
- Subject:
- Political Science, International Relations and Politics
Outlines and evaluates the political, legal, and ethical objections to humanitarian intervention. In so doing, it questions not only whether the doctrine of ‘sovereignty as responsibility’ has taken ...
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Outlines and evaluates the political, legal, and ethical objections to humanitarian intervention. In so doing, it questions not only whether the doctrine of ‘sovereignty as responsibility’ has taken hold in international society, but also whether it should – particularly in the form suggested by Western states. The author argues that the ethical position of pluralism – as articulated by non-Western states – represents the most compelling case against humanitarian intervention, by emphasizing the impact on international society of relaxing the norm of non-intervention. Despite these pluralist objections, military intervention in cases of supreme humanitarian emergency can be defended on moral grounds, provided the intervention meets certain tests of legitimacy. Given the unintended consequences of military action, the author also suggests that more attention should be paid to the non-military means of operationalizing ‘sovereignty as responsibility’.Less
Outlines and evaluates the political, legal, and ethical objections to humanitarian intervention. In so doing, it questions not only whether the doctrine of ‘sovereignty as responsibility’ has taken hold in international society, but also whether it should – particularly in the form suggested by Western states. The author argues that the ethical position of pluralism – as articulated by non-Western states – represents the most compelling case against humanitarian intervention, by emphasizing the impact on international society of relaxing the norm of non-intervention. Despite these pluralist objections, military intervention in cases of supreme humanitarian emergency can be defended on moral grounds, provided the intervention meets certain tests of legitimacy. Given the unintended consequences of military action, the author also suggests that more attention should be paid to the non-military means of operationalizing ‘sovereignty as responsibility’.
James Mayall
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199267217
- eISBN:
- 9780191601118
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199267219.003.0007
- Subject:
- Political Science, International Relations and Politics
After the end of the Cold War, many in the West viewed Africa as a testing ground for the solidarist argument that sovereignty was no longer an absolute principle and that the international community ...
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After the end of the Cold War, many in the West viewed Africa as a testing ground for the solidarist argument that sovereignty was no longer an absolute principle and that the international community could intervene to protect individual from human rights violations. This argument seems particularly challenging in the African context, given the continental leadership’s historic commitment to territorial integrity and non-intervention. However, as the author shows, African leaders from 1945 to 1990 were largely upholding the pluralist international norms of the time. In other words, the case for humanitarian intervention – and the problems posed by the practice – are not region-specific. The early 1990s, during which the United Nations intervened in Somalia, seemed to confirm the solidarist position. However, the failure to intervene in Rwanda in 1994, and the more recent experience of interventions in Sierra Leone, present a more mixed picture. Humanitarian intervention remains a controversial practice because of its coercive means, and its tendency to attribute blame or responsibility in what are often very complex civil conflicts.Less
After the end of the Cold War, many in the West viewed Africa as a testing ground for the solidarist argument that sovereignty was no longer an absolute principle and that the international community could intervene to protect individual from human rights violations. This argument seems particularly challenging in the African context, given the continental leadership’s historic commitment to territorial integrity and non-intervention. However, as the author shows, African leaders from 1945 to 1990 were largely upholding the pluralist international norms of the time. In other words, the case for humanitarian intervention – and the problems posed by the practice – are not region-specific. The early 1990s, during which the United Nations intervened in Somalia, seemed to confirm the solidarist position. However, the failure to intervene in Rwanda in 1994, and the more recent experience of interventions in Sierra Leone, present a more mixed picture. Humanitarian intervention remains a controversial practice because of its coercive means, and its tendency to attribute blame or responsibility in what are often very complex civil conflicts.
Kees Camfferman and Stephen A. Zeff
- Published in print:
- 2007
- Published Online:
- October 2011
- ISBN:
- 9780199296293
- eISBN:
- 9780191700767
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199296293.003.0010
- Subject:
- Business and Management, Finance, Accounting, and Banking
This chapter deals with relations with the outside world and their impact. It shows how the International Organization of Securities Commissions (IOSCO) occupied the centre stage in the International ...
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This chapter deals with relations with the outside world and their impact. It shows how the International Organization of Securities Commissions (IOSCO) occupied the centre stage in the International Accounting Standards Committee's (IASC) aims and deliberations between 1987 and 2000. A first phase in the relationship between the two organizations ended in a difficult period during the second half of 1994. The relationship was then set on a new footing in 1995, and a more promising phase began. The board's standards were registering very little impact in the developed, industrialized countries. The leaders felt it was essential that the board establish a closer relationship with securities market regulators, national standard setters, and major preparers. They also came to believe, with a nudge from the US Securities and Exchange Commission (SEC), that real progress towards international harmonization would not occur until most of the optional treatments in the board's standards were removed.Less
This chapter deals with relations with the outside world and their impact. It shows how the International Organization of Securities Commissions (IOSCO) occupied the centre stage in the International Accounting Standards Committee's (IASC) aims and deliberations between 1987 and 2000. A first phase in the relationship between the two organizations ended in a difficult period during the second half of 1994. The relationship was then set on a new footing in 1995, and a more promising phase began. The board's standards were registering very little impact in the developed, industrialized countries. The leaders felt it was essential that the board establish a closer relationship with securities market regulators, national standard setters, and major preparers. They also came to believe, with a nudge from the US Securities and Exchange Commission (SEC), that real progress towards international harmonization would not occur until most of the optional treatments in the board's standards were removed.
Isabelle Van Damme
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199562237
- eISBN:
- 9780191705588
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199562237.003.0002
- Subject:
- Law, Public International Law
This chapter examines the meaning and function of principles of treaty interpretation in general international law. Customary international law on treaty interpretation is partly and mostly codified ...
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This chapter examines the meaning and function of principles of treaty interpretation in general international law. Customary international law on treaty interpretation is partly and mostly codified in Articles 31 to 33 of the Vienna Convention on the Law of Treaties (VCLT), which are discussed in their historical context. The chapter explains that even if treaty-based, treaty interpretation is governed by principles rather than rules. It also provides an introduction to some of the Appellate Body's techniques of interpretation and reflects on the need and status of special principles of treaty interpretation.Less
This chapter examines the meaning and function of principles of treaty interpretation in general international law. Customary international law on treaty interpretation is partly and mostly codified in Articles 31 to 33 of the Vienna Convention on the Law of Treaties (VCLT), which are discussed in their historical context. The chapter explains that even if treaty-based, treaty interpretation is governed by principles rather than rules. It also provides an introduction to some of the Appellate Body's techniques of interpretation and reflects on the need and status of special principles of treaty interpretation.
Michael G. Kearney
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199232451
- eISBN:
- 9780191716034
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199232451.003.0006
- Subject:
- Law, Public International Law
This chapter makes the case for the inclusion in the Rome Statute of a distinct and inchoate crime of ‘direct and public incitement to aggression’. A similar offence was included in the International ...
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This chapter makes the case for the inclusion in the Rome Statute of a distinct and inchoate crime of ‘direct and public incitement to aggression’. A similar offence was included in the International Law Commission's draft Code of Offences Against the Peace and Security of Mankind in 1954 yet omitted from the 1996 draft, a move which is herein considered. The jurisprudence of the ad hoc international criminal tribunals provide guidance on the criminalization of incitement to crimes of an international dimension, especially cases dealing with charges of hate speech, war propaganda, and incitement to genocide, war crimes, or crimes against humanity. The Rome Statute itself, and its drafting, is also discussed, particularly with regards the crime of aggression.Less
This chapter makes the case for the inclusion in the Rome Statute of a distinct and inchoate crime of ‘direct and public incitement to aggression’. A similar offence was included in the International Law Commission's draft Code of Offences Against the Peace and Security of Mankind in 1954 yet omitted from the 1996 draft, a move which is herein considered. The jurisprudence of the ad hoc international criminal tribunals provide guidance on the criminalization of incitement to crimes of an international dimension, especially cases dealing with charges of hate speech, war propaganda, and incitement to genocide, war crimes, or crimes against humanity. The Rome Statute itself, and its drafting, is also discussed, particularly with regards the crime of aggression.
Chittharanjan F. Amerasinghe
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199212385
- eISBN:
- 9780191707230
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199212385.001.0001
- Subject:
- Law, Public International Law
This book offers an up-to-date juristic exposition and analysis of diplomatic protection as an institution of public international law. Diplomatic protection is primarily exercised by States towards ...
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This book offers an up-to-date juristic exposition and analysis of diplomatic protection as an institution of public international law. Diplomatic protection is primarily exercised by States towards their nationals, and exceptionally non-nationals, against violations of international law by other States, and is one of the oldest traditions of international law. The book starts with a history of the subject, and charts the development of diplomatic protection conceived as an institution of international law. It goes on to discuss the violations of international law which can trigger diplomatic protection, arrangements that are excluded from this type of protection, conflicts of interests underlying the principle and how these can be resolved, and the influence of human rights on the area. Subsequent chapters look at attempts to codify the law of diplomatic protection, and offer a critical examination of this in the light of modern policy considerations, and the recent work of the International Law Commission. The book concludes with an assessment of recent changes in the law and the importance of these from the point of view of the individual.Less
This book offers an up-to-date juristic exposition and analysis of diplomatic protection as an institution of public international law. Diplomatic protection is primarily exercised by States towards their nationals, and exceptionally non-nationals, against violations of international law by other States, and is one of the oldest traditions of international law. The book starts with a history of the subject, and charts the development of diplomatic protection conceived as an institution of international law. It goes on to discuss the violations of international law which can trigger diplomatic protection, arrangements that are excluded from this type of protection, conflicts of interests underlying the principle and how these can be resolved, and the influence of human rights on the area. Subsequent chapters look at attempts to codify the law of diplomatic protection, and offer a critical examination of this in the light of modern policy considerations, and the recent work of the International Law Commission. The book concludes with an assessment of recent changes in the law and the importance of these from the point of view of the individual.
Geoffrey Blest
- Published in print:
- 1997
- Published Online:
- October 2011
- ISBN:
- 9780198206996
- eISBN:
- 9780191677427
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198206996.003.0006
- Subject:
- History, Military History
This chapter discusses the contributions of the international Courts in relation to the clarification and development of the law of war with the possible exception of the Nuremberg Principles. It ...
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This chapter discusses the contributions of the international Courts in relation to the clarification and development of the law of war with the possible exception of the Nuremberg Principles. It explains that the Nuremberg Principles originated in a Resolution of the General Assembly (Resolution 95, adopted on 11 November 1946). It notes that the resolution is reaffirmed in some fashion by the UN's International Law Commission in mid-1950. It clarifies that the GA's unanimous vote ‘indicated subscription by a large number of States to the substantive law of war crimes, including the principle of individual criminal responsibility, and to the lawful exercise of criminal jurisdiction over such individuals’. It emphasizes that in the International Military tribunals known to history as the Nuremberg and Tokyo trials, defendants were also tried for other alleged offences. It stresses the importance of determining the relationship of those other offences with the law of war.Less
This chapter discusses the contributions of the international Courts in relation to the clarification and development of the law of war with the possible exception of the Nuremberg Principles. It explains that the Nuremberg Principles originated in a Resolution of the General Assembly (Resolution 95, adopted on 11 November 1946). It notes that the resolution is reaffirmed in some fashion by the UN's International Law Commission in mid-1950. It clarifies that the GA's unanimous vote ‘indicated subscription by a large number of States to the substantive law of war crimes, including the principle of individual criminal responsibility, and to the lawful exercise of criminal jurisdiction over such individuals’. It emphasizes that in the International Military tribunals known to history as the Nuremberg and Tokyo trials, defendants were also tried for other alleged offences. It stresses the importance of determining the relationship of those other offences with the law of war.
Jennifer M. Welsh
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199267217
- eISBN:
- 9780191601118
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199267219.003.0010
- Subject:
- Political Science, International Relations and Politics
This concluding chapter assesses the debate over humanitarian intervention in the light of the events of September 11, 2001. On the one hand, it can be argued that 9/11 has reversed the momentum ...
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This concluding chapter assesses the debate over humanitarian intervention in the light of the events of September 11, 2001. On the one hand, it can be argued that 9/11 has reversed the momentum behind the norm of ‘sovereignty as responsibility’. In the course of waging the war on terrorism, the powers of sovereign states have been increased and the willingness of Western states to criticize the treatment of civilians within other sovereign jurisdictions appears to have weakened. On the other, there are three reasons why humanitarian intervention – and the issues associated with it – will continue to preoccupy scholars and statesmen in a post-September 11th world. First, the terrorist attacks of 2001 have reinforced the view that instability within or collapse of a state anywhere in the world can have implications that reach far wider than that particular region. Second, the debate about what constraints should be placed on the use of force – particularly those related to proper authority – are as relevant for the ‘war on terror’ as they are for humanitarian intervention. Finally, as the missions in Afghanistan in 2001 and Iraq in 2003 have shown, humanitarian rationale are all-important in justifying the use of force in international society, even when other motives are at work.Less
This concluding chapter assesses the debate over humanitarian intervention in the light of the events of September 11, 2001. On the one hand, it can be argued that 9/11 has reversed the momentum behind the norm of ‘sovereignty as responsibility’. In the course of waging the war on terrorism, the powers of sovereign states have been increased and the willingness of Western states to criticize the treatment of civilians within other sovereign jurisdictions appears to have weakened. On the other, there are three reasons why humanitarian intervention – and the issues associated with it – will continue to preoccupy scholars and statesmen in a post-September 11th world. First, the terrorist attacks of 2001 have reinforced the view that instability within or collapse of a state anywhere in the world can have implications that reach far wider than that particular region. Second, the debate about what constraints should be placed on the use of force – particularly those related to proper authority – are as relevant for the ‘war on terror’ as they are for humanitarian intervention. Finally, as the missions in Afghanistan in 2001 and Iraq in 2003 have shown, humanitarian rationale are all-important in justifying the use of force in international society, even when other motives are at work.
Matthew Craven
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199217625
- eISBN:
- 9780191705410
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199217625.003.0003
- Subject:
- Law, Public International Law
This chapter discusses the process of codification. Topics covered include: the move to codification, the part played by the International Law Commission and the International Law Association, the ...
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This chapter discusses the process of codification. Topics covered include: the move to codification, the part played by the International Law Commission and the International Law Association, the Waldock Reports, the relationship with the law of treaties, the question of new States, semi-sovereignty, dispositive treaties, and finally the adjustments made at the Vienna Conference. It is shown that those involved in the codification were unable to deal with the problem of succession in a way that did not draw within it questions of identity and status, or conclusions about the relationship between international and municipal law.Less
This chapter discusses the process of codification. Topics covered include: the move to codification, the part played by the International Law Commission and the International Law Association, the Waldock Reports, the relationship with the law of treaties, the question of new States, semi-sovereignty, dispositive treaties, and finally the adjustments made at the Vienna Conference. It is shown that those involved in the codification were unable to deal with the problem of succession in a way that did not draw within it questions of identity and status, or conclusions about the relationship between international and municipal law.
Kern Alexander, Rahul Dhumale, and John Eatwell
- Published in print:
- 2005
- Published Online:
- September 2007
- ISBN:
- 9780195166989
- eISBN:
- 9780199783861
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195166989.003.0004
- Subject:
- Economics and Finance, Financial Economics
This chapter assesses the evolution of international standard setting in financial markets by examining the characteristics of the various international bodies, such as the Basel Committee on Banking ...
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This chapter assesses the evolution of international standard setting in financial markets by examining the characteristics of the various international bodies, such as the Basel Committee on Banking Supervision and the International Organization of Securities Commissions, that are involved in international standard setting. Topics discussed include international financial institutions, supervisory structures for financial conglomerates, the Financial Action Task Force, and financial crises from the 1990s and onwards.Less
This chapter assesses the evolution of international standard setting in financial markets by examining the characteristics of the various international bodies, such as the Basel Committee on Banking Supervision and the International Organization of Securities Commissions, that are involved in international standard setting. Topics discussed include international financial institutions, supervisory structures for financial conglomerates, the Financial Action Task Force, and financial crises from the 1990s and onwards.
Elli Louka
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195374131
- eISBN:
- 9780199871841
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195374131.003.0019
- Subject:
- Law, Environmental and Energy Law
This chapter discusses the management of the Rhine River. Topics covered include the Central Commission for Navigation on the Rhine, International Commission for the Protection of the Rhine, and ...
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This chapter discusses the management of the Rhine River. Topics covered include the Central Commission for Navigation on the Rhine, International Commission for the Protection of the Rhine, and other international commissions and initiatives.Less
This chapter discusses the management of the Rhine River. Topics covered include the Central Commission for Navigation on the Rhine, International Commission for the Protection of the Rhine, and other international commissions and initiatives.
Theodor Meron
- Published in print:
- 1991
- Published Online:
- March 2012
- ISBN:
- 9780198257455
- eISBN:
- 9780191681769
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198257455.003.0004
- Subject:
- Law, Public International Law
This chapter discusses the relationship between human rights and state responsibility, based on the fundamental proposition that a breach of conventional or customary human rights or humanitarian ...
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This chapter discusses the relationship between human rights and state responsibility, based on the fundamental proposition that a breach of conventional or customary human rights or humanitarian norms leads to the international responsibility of states. The chapter aims to examine the relationship between the contemporary and the rapidly developing law of human rights and humanitarian norms and the law of state responsibility. This examination should contribute to the acceptance of human rights as an authentic and legitimate branch of international law. The discussion in the chapter happens to be largely theoretical.Less
This chapter discusses the relationship between human rights and state responsibility, based on the fundamental proposition that a breach of conventional or customary human rights or humanitarian norms leads to the international responsibility of states. The chapter aims to examine the relationship between the contemporary and the rapidly developing law of human rights and humanitarian norms and the law of state responsibility. This examination should contribute to the acceptance of human rights as an authentic and legitimate branch of international law. The discussion in the chapter happens to be largely theoretical.
Chester Brown
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199206506
- eISBN:
- 9780191709708
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199206506.003.0002
- Subject:
- Law, Public International Law
This chapter covers the proliferation of international courts and tribunals, and the perceived problem of fragmentation of international law. It first describes the proliferation of international ...
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This chapter covers the proliferation of international courts and tribunals, and the perceived problem of fragmentation of international law. It first describes the proliferation of international judicial bodies. This has seen the creation of more than a dozen new international adjudicatory bodies in the past two decades. It then proposes possible reasons for the growth in the number of international courts and tribunals. The principal reasons include the erosion of the traditional reluctance to submit disputes to third-party adjudication, and the effects of globalization. It then turns to the effects of proliferation, and explains that it can cause increased jurisdictional competition (overlapping jurisdictions) among international courts and tribunals, and also the emergence of doctrinal inconsistencies in international law. This is particularly so, in light of international jurisprudence which suggests that international courts are ‘self-contained systems’. It then briefly reviews the International Law Commission's work on fragmentation.Less
This chapter covers the proliferation of international courts and tribunals, and the perceived problem of fragmentation of international law. It first describes the proliferation of international judicial bodies. This has seen the creation of more than a dozen new international adjudicatory bodies in the past two decades. It then proposes possible reasons for the growth in the number of international courts and tribunals. The principal reasons include the erosion of the traditional reluctance to submit disputes to third-party adjudication, and the effects of globalization. It then turns to the effects of proliferation, and explains that it can cause increased jurisdictional competition (overlapping jurisdictions) among international courts and tribunals, and also the emergence of doctrinal inconsistencies in international law. This is particularly so, in light of international jurisprudence which suggests that international courts are ‘self-contained systems’. It then briefly reviews the International Law Commission's work on fragmentation.
Elli Louka
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195374131
- eISBN:
- 9780199871841
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195374131.003.0024
- Subject:
- Law, Environmental and Energy Law
This chapter focuses on the role of secretariats in international water commissions. It argues that the implementation of the water framework directive will depend on political will. This political ...
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This chapter focuses on the role of secretariats in international water commissions. It argues that the implementation of the water framework directive will depend on political will. This political will is expressed by the annual gatherings of state parties (COPs) for the purpose of defining the future of international water commissions. The political will is translated further in the day-to-day work of commissions through the various coordinating and working groups that have been established. Political will can be transmitted through the mandates given to secretariats and how secretariats are to use these mandates to further the mission of the convention they have been entrusted to serve.Less
This chapter focuses on the role of secretariats in international water commissions. It argues that the implementation of the water framework directive will depend on political will. This political will is expressed by the annual gatherings of state parties (COPs) for the purpose of defining the future of international water commissions. The political will is translated further in the day-to-day work of commissions through the various coordinating and working groups that have been established. Political will can be transmitted through the mandates given to secretariats and how secretariats are to use these mandates to further the mission of the convention they have been entrusted to serve.
