Carlo Focarelli
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199584833
- eISBN:
- 9780191741012
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199584833.003.0006
- Subject:
- Law, Public International Law
This chapter examines the actors engaged in constructing international law as a set of rules. It argues that states remain at the heart of global governance by exercising jurisdictional power in a ...
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This chapter examines the actors engaged in constructing international law as a set of rules. It argues that states remain at the heart of global governance by exercising jurisdictional power in a partitioned and relatively coordinated way within a global state-centred system in which non-state actors constantly shape states' behaviour. The whole of such interaction denotes what is called the ‘international community’. The chapter first explores the meaning of global governance, public and private authority, and international community. Then, it discusses states and a variety of non-state players. Finally, it explores the concept of international legal personality, concluding that it is often used as a tool for manipulation to favour one or another ‘deserving’ player.Less
This chapter examines the actors engaged in constructing international law as a set of rules. It argues that states remain at the heart of global governance by exercising jurisdictional power in a partitioned and relatively coordinated way within a global state-centred system in which non-state actors constantly shape states' behaviour. The whole of such interaction denotes what is called the ‘international community’. The chapter first explores the meaning of global governance, public and private authority, and international community. Then, it discusses states and a variety of non-state players. Finally, it explores the concept of international legal personality, concluding that it is often used as a tool for manipulation to favour one or another ‘deserving’ player.
Astrid Kjeldgaard-Pedersen
- Published in print:
- 2018
- Published Online:
- September 2018
- ISBN:
- 9780198820376
- eISBN:
- 9780191860294
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198820376.003.0002
- Subject:
- Law, Public International Law
Chapter 2 identifies and explains the four theoretical conceptions of international legal personality, which will be tested against historical and existing norms of positive international law in ...
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Chapter 2 identifies and explains the four theoretical conceptions of international legal personality, which will be tested against historical and existing norms of positive international law in Chapters 3–8. With particular focus on the role attributed to the individual as the ultimate subject of international law, the examination will concentrate on selected scholars’ conclusions on the criteria for, and the consequences of acquiring, international legal personality. Moreover, it will address the way in which proponents of the various conceptions perceive the relationship between the international legal order and national legal order(s) and the role of the concept of international legal personality in that regard. Given that a primary aim of the book is to ascertain the position of the individual as a matter of international lex lata, particular attention is given to the two main conceptions of international legal personality, which both claim to be positivist.Less
Chapter 2 identifies and explains the four theoretical conceptions of international legal personality, which will be tested against historical and existing norms of positive international law in Chapters 3–8. With particular focus on the role attributed to the individual as the ultimate subject of international law, the examination will concentrate on selected scholars’ conclusions on the criteria for, and the consequences of acquiring, international legal personality. Moreover, it will address the way in which proponents of the various conceptions perceive the relationship between the international legal order and national legal order(s) and the role of the concept of international legal personality in that regard. Given that a primary aim of the book is to ascertain the position of the individual as a matter of international lex lata, particular attention is given to the two main conceptions of international legal personality, which both claim to be positivist.
Katharine Fortin
- Published in print:
- 2017
- Published Online:
- September 2017
- ISBN:
- 9780198808381
- eISBN:
- 9780191846106
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198808381.003.0003
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter presents and explains the evaluative framework that the study employs when analysing armed groups and legal personality. In doing so, the chapter provides a short historical account of ...
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This chapter presents and explains the evaluative framework that the study employs when analysing armed groups and legal personality. In doing so, the chapter provides a short historical account of the manner in which international legal personality has been understood and theorized and explains how the evaluative framework will be utilized in the subsequent chapters.Less
This chapter presents and explains the evaluative framework that the study employs when analysing armed groups and legal personality. In doing so, the chapter provides a short historical account of the manner in which international legal personality has been understood and theorized and explains how the evaluative framework will be utilized in the subsequent chapters.
Antônio Augusto Cançado Trindade
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199580958
- eISBN:
- 9780191728785
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199580958.003.0001
- Subject:
- Law, Human Rights and Immigration
One of the most important contributions of the international legal doctrine along the last six decades has been the rescue of the individual as subject of the law of nations. Such contribution is of ...
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One of the most important contributions of the international legal doctrine along the last six decades has been the rescue of the individual as subject of the law of nations. Such contribution is of historical significance. The individual's presence and participation has been growing in the international legal order. The international legal personality of individuals has been asserted before organs of international supervision of his rights, and his international legal capacity has consolidated before international legal tribunals (e.g., European and Inter-American Courts) of human rights. The individuals’ legal subjectivity is beyond question in contemporary international law.Less
One of the most important contributions of the international legal doctrine along the last six decades has been the rescue of the individual as subject of the law of nations. Such contribution is of historical significance. The individual's presence and participation has been growing in the international legal order. The international legal personality of individuals has been asserted before organs of international supervision of his rights, and his international legal capacity has consolidated before international legal tribunals (e.g., European and Inter-American Courts) of human rights. The individuals’ legal subjectivity is beyond question in contemporary international law.
Katharine Fortin
- Published in print:
- 2017
- Published Online:
- September 2017
- ISBN:
- 9780198808381
- eISBN:
- 9780191846106
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198808381.003.0004
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter provides a historical account of the manner in which the legal personality of armed groups was conceived and treated prior to the drafting of the 1949 Geneva Conventions. Conducting a ...
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This chapter provides a historical account of the manner in which the legal personality of armed groups was conceived and treated prior to the drafting of the 1949 Geneva Conventions. Conducting a detailed review of the law of belligerency and the legal framework of insurgency, the chapter demonstrates the different ways in which armed groups could acquire obligations under international law under these frameworks. During the course of this examination, the chapter pays particular attention to the relevance of territory, special agreements, State consent, and the armed group’s functionality. It concludes by analysing its findings against the evaluative framework set out in Chapter 3.Less
This chapter provides a historical account of the manner in which the legal personality of armed groups was conceived and treated prior to the drafting of the 1949 Geneva Conventions. Conducting a detailed review of the law of belligerency and the legal framework of insurgency, the chapter demonstrates the different ways in which armed groups could acquire obligations under international law under these frameworks. During the course of this examination, the chapter pays particular attention to the relevance of territory, special agreements, State consent, and the armed group’s functionality. It concludes by analysing its findings against the evaluative framework set out in Chapter 3.
Katharine Fortin
- Published in print:
- 2017
- Published Online:
- September 2017
- ISBN:
- 9780198808381
- eISBN:
- 9780191846106
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198808381.003.0005
- Subject:
- Law, Human Rights and Immigration, Public International Law
This purpose of this chapter is to determine what the framework of international humanitarian law demonstrates about the material and theoretical circumstances that are required in order for armed ...
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This purpose of this chapter is to determine what the framework of international humanitarian law demonstrates about the material and theoretical circumstances that are required in order for armed groups to acquire international legal personality under international humanitarian law. To fulfil this aim, the chapter analyses the threshold of international humanitarian law and explores its relevance to the acquisition of legal personality by armed groups. The chapter ends by analysing the threshold test against the evaluative framework in Chapter 3, drawing conclusions about the role that State consent plays in the acquisition of international legal personality by armed groups under international humanitarian law.Less
This purpose of this chapter is to determine what the framework of international humanitarian law demonstrates about the material and theoretical circumstances that are required in order for armed groups to acquire international legal personality under international humanitarian law. To fulfil this aim, the chapter analyses the threshold of international humanitarian law and explores its relevance to the acquisition of legal personality by armed groups. The chapter ends by analysing the threshold test against the evaluative framework in Chapter 3, drawing conclusions about the role that State consent plays in the acquisition of international legal personality by armed groups under international humanitarian law.
Ioana Cismas
- Published in print:
- 2014
- Published Online:
- September 2014
- ISBN:
- 9780198712824
- eISBN:
- 9780191781186
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198712824.003.0003
- Subject:
- Law, Public International Law, Human Rights and Immigration
This chapter clarifies key concepts of the book. It explains the heuristic function of an analytical category, and the utility of employing religious actors as an analytical device. It then defines ...
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This chapter clarifies key concepts of the book. It explains the heuristic function of an analytical category, and the utility of employing religious actors as an analytical device. It then defines the analytical category of religious actors as one that covers states and non-state entities which assume the role of interpreters of religion, and in doing so claim a ‘special’ or religious legitimacy that relies primarily on tradition or affect, as opposed to rational-legal features. These definitional contours are further refined by examining the interactions of religious actors in international fora in relation to two topics: sexuality and reproduction, and ‘defamation of religions’. Finally, the chapter discusses the framework of acquisition of rights and obligations in international law: it contrasts the ‘subjects doctrine’ to the ‘capacity approach’, whereby the latter enables the extraction of right and obligations of non-state actors from treaty law and jurisprudence.Less
This chapter clarifies key concepts of the book. It explains the heuristic function of an analytical category, and the utility of employing religious actors as an analytical device. It then defines the analytical category of religious actors as one that covers states and non-state entities which assume the role of interpreters of religion, and in doing so claim a ‘special’ or religious legitimacy that relies primarily on tradition or affect, as opposed to rational-legal features. These definitional contours are further refined by examining the interactions of religious actors in international fora in relation to two topics: sexuality and reproduction, and ‘defamation of religions’. Finally, the chapter discusses the framework of acquisition of rights and obligations in international law: it contrasts the ‘subjects doctrine’ to the ‘capacity approach’, whereby the latter enables the extraction of right and obligations of non-state actors from treaty law and jurisprudence.
Christopher N. Warren
- Published in print:
- 2015
- Published Online:
- August 2015
- ISBN:
- 9780198719342
- eISBN:
- 9780191788550
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198719342.003.0006
- Subject:
- Literature, 16th-century and Renaissance Literature, Criticism/Theory
This chapter examines the interlocking concerns of biblical tragedy and the early modern law of nations through Hugo Grotius’ Sophompaneas (1635; trans., 1652), a learned dramatization of Genesis ...
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This chapter examines the interlocking concerns of biblical tragedy and the early modern law of nations through Hugo Grotius’ Sophompaneas (1635; trans., 1652), a learned dramatization of Genesis 39–50 that deserves to be better known, and Milton’s much-debated Samson Agonistes (1671). It contributes to scholarship on Samson Agonistes by examining Samson’s role in law of nations discourse and shows how Grotius used tragedy and scripture to underpin his own international jurisprudence. Reading Samson Agonistes with Grotius’ biblical tragedy helps us not only to see Hebrew scripture’s influence on emerging global norms but also how biblical tragedy develops into two competing orders: a flat, unmediated politics of human rights and the highly allegorized mimetic structure of international legal personality.Less
This chapter examines the interlocking concerns of biblical tragedy and the early modern law of nations through Hugo Grotius’ Sophompaneas (1635; trans., 1652), a learned dramatization of Genesis 39–50 that deserves to be better known, and Milton’s much-debated Samson Agonistes (1671). It contributes to scholarship on Samson Agonistes by examining Samson’s role in law of nations discourse and shows how Grotius used tragedy and scripture to underpin his own international jurisprudence. Reading Samson Agonistes with Grotius’ biblical tragedy helps us not only to see Hebrew scripture’s influence on emerging global norms but also how biblical tragedy develops into two competing orders: a flat, unmediated politics of human rights and the highly allegorized mimetic structure of international legal personality.
Michelle Burgis
- Published in print:
- 2011
- Published Online:
- March 2012
- ISBN:
- 9780748643042
- eISBN:
- 9780748653270
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748643042.003.0005
- Subject:
- Society and Culture, Middle Eastern Studies
This chapter considers how international law has shaped and continues to shape Middle East and North Africa (MENA) states by examining the inter-related factors of international legal personality, ...
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This chapter considers how international law has shaped and continues to shape Middle East and North Africa (MENA) states by examining the inter-related factors of international legal personality, self-determination claims and the adjudication of boundary disputes. It focuses on three case studies in the colonial and postcolonial periods: the mandate states; the case of Western Sahara's (failed) self-determination bid; and some of the small states of the Gulf. The chapter takes issue with traditional narratives of rupture and instead points to continuities. In particular, it focuses on the inter-war period of the mandate system to highlight the inseparable relationship between formal and informal empire and its enduring legacies across the Arab world. It argues that international law has played an important role in delimiting and limiting the possibilities of post-colonial statehood in the MENA region. Thus, it is only in understanding international law in the colonial and mandatory eras that we can make sense of the present.Less
This chapter considers how international law has shaped and continues to shape Middle East and North Africa (MENA) states by examining the inter-related factors of international legal personality, self-determination claims and the adjudication of boundary disputes. It focuses on three case studies in the colonial and postcolonial periods: the mandate states; the case of Western Sahara's (failed) self-determination bid; and some of the small states of the Gulf. The chapter takes issue with traditional narratives of rupture and instead points to continuities. In particular, it focuses on the inter-war period of the mandate system to highlight the inseparable relationship between formal and informal empire and its enduring legacies across the Arab world. It argues that international law has played an important role in delimiting and limiting the possibilities of post-colonial statehood in the MENA region. Thus, it is only in understanding international law in the colonial and mandatory eras that we can make sense of the present.
Raúl E Vinuesa
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780199679409
- eISBN:
- 9780191758478
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199679409.003.0002
- Subject:
- Law, Public International Law, Comparative Law
This chapter examines the foreign judicial precedents for the development of Argentine judicial tendencies that consolidated the application of general common standards for the immunities of ...
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This chapter examines the foreign judicial precedents for the development of Argentine judicial tendencies that consolidated the application of general common standards for the immunities of international organizations. It describes relevant Argentine precedents, which have been organized based on the major allegations concerning the possibility of implied waiver of immunities; due protection of individual rights; allegations of an act as iure imperii or iure gestionis; issues of international legal personality and the applicable law; the control of arbitral tribunals through domestic courts; and, finally, international legal personality and implied immunities.Less
This chapter examines the foreign judicial precedents for the development of Argentine judicial tendencies that consolidated the application of general common standards for the immunities of international organizations. It describes relevant Argentine precedents, which have been organized based on the major allegations concerning the possibility of implied waiver of immunities; due protection of individual rights; allegations of an act as iure imperii or iure gestionis; issues of international legal personality and the applicable law; the control of arbitral tribunals through domestic courts; and, finally, international legal personality and implied immunities.
Katharine Fortin
- Published in print:
- 2017
- Published Online:
- September 2017
- ISBN:
- 9780198808381
- eISBN:
- 9780191846106
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198808381.003.0006
- Subject:
- Law, Human Rights and Immigration, Public International Law
This final chapter of Part II of the book draws together the conclusions of the previous two chapters to develop conclusions about the circumstances in which armed groups can acquire legal ...
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This final chapter of Part II of the book draws together the conclusions of the previous two chapters to develop conclusions about the circumstances in which armed groups can acquire legal personality under human rights law. Examining these conclusions, the chapter argues that there is a need for a threshold test to be met before international human rights law can be applied. It argues that this threshold test should include an ‘organization’ component and an ‘international’ requirement. Drawing upon the conclusions in Chapter 2 on the normative value of human rights law versus international humanitarian law, the chapter ends by considering how an armed group’s control of territory may be relevant to such a threshold test.Less
This final chapter of Part II of the book draws together the conclusions of the previous two chapters to develop conclusions about the circumstances in which armed groups can acquire legal personality under human rights law. Examining these conclusions, the chapter argues that there is a need for a threshold test to be met before international human rights law can be applied. It argues that this threshold test should include an ‘organization’ component and an ‘international’ requirement. Drawing upon the conclusions in Chapter 2 on the normative value of human rights law versus international humanitarian law, the chapter ends by considering how an armed group’s control of territory may be relevant to such a threshold test.
Carla Ferstman
- Published in print:
- 2017
- Published Online:
- September 2017
- ISBN:
- 9780198808442
- eISBN:
- 9780191846144
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198808442.003.0002
- Subject:
- Law, Public International Law
The chapter considers in what circumstances international organizations have international legal personality and what results from such personality. It also considers whether international legal ...
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The chapter considers in what circumstances international organizations have international legal personality and what results from such personality. It also considers whether international legal personality gives rise to rights and obligations and which ones. Central to this analysis, the chapter studies whether an international organization may have human rights and international humanitarian law obligations and whether these derive from its international legal personality, its constituent agreement, as a result of the functions of the organization, or some combination thereof. The chapter concludes that international organizations have obligations to comply with peremptory norms and accepted general principles of international law (which include elements of human rights and international law) that apply to all subjects under international law. There are also additional obligations which apply in particular contexts, and are aligned with organizations’ purposes and their capacities to act and react in any given situation.Less
The chapter considers in what circumstances international organizations have international legal personality and what results from such personality. It also considers whether international legal personality gives rise to rights and obligations and which ones. Central to this analysis, the chapter studies whether an international organization may have human rights and international humanitarian law obligations and whether these derive from its international legal personality, its constituent agreement, as a result of the functions of the organization, or some combination thereof. The chapter concludes that international organizations have obligations to comply with peremptory norms and accepted general principles of international law (which include elements of human rights and international law) that apply to all subjects under international law. There are also additional obligations which apply in particular contexts, and are aligned with organizations’ purposes and their capacities to act and react in any given situation.
Tilman Rodenhäuser
- Published in print:
- 2018
- Published Online:
- May 2018
- ISBN:
- 9780198821946
- eISBN:
- 9780191861109
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198821946.003.0001
- Subject:
- Law, Public International Law
The general introduction sets the scene for the legal issues addressed in this book by presenting their relevance in most recent conflicts and other situations of violence, including in Syria, Iraq, ...
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The general introduction sets the scene for the legal issues addressed in this book by presenting their relevance in most recent conflicts and other situations of violence, including in Syria, Iraq, Libya, Ukraine, the Central African Republic, and Kenya. It also introduces the legal framework the book sets out to examine, notably international humanitarian law, human rights law, and international criminal law. The introductory chapter further presents the book’s methodology, introduces its structure, and explains key terms and concepts. These include, in particular, the terms ‘non-state armed group’, ‘international legal personality’, and ‘degree of organization’, which are especially relevant throughout the book.Less
The general introduction sets the scene for the legal issues addressed in this book by presenting their relevance in most recent conflicts and other situations of violence, including in Syria, Iraq, Libya, Ukraine, the Central African Republic, and Kenya. It also introduces the legal framework the book sets out to examine, notably international humanitarian law, human rights law, and international criminal law. The introductory chapter further presents the book’s methodology, introduces its structure, and explains key terms and concepts. These include, in particular, the terms ‘non-state armed group’, ‘international legal personality’, and ‘degree of organization’, which are especially relevant throughout the book.
Astrid Kjeldgaard-Pedersen
- Published in print:
- 2018
- Published Online:
- September 2018
- ISBN:
- 9780198820376
- eISBN:
- 9780191860294
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198820376.003.0009
- Subject:
- Law, Public International Law
Chapter 9 reiterates and reflects on the overall conclusions of the previous chapters: (1) that positive international law has consistently supported Kelsen’s ‘a posteriori’ conception of ...
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Chapter 9 reiterates and reflects on the overall conclusions of the previous chapters: (1) that positive international law has consistently supported Kelsen’s ‘a posteriori’ conception of international legal personality; (2) that, consequently, the international legal personality of any entity is solely a matter of (presumption-free) interpretation of international norms; and (3) that we must abandon both the widespread presumption against direct individual rights and obligations (in accordance with the ‘modified States-only’ conception of international legal personality) and the use of the orthodox ‘States-only’ conception of international legal personality as means to distinguish between international law and national law.Less
Chapter 9 reiterates and reflects on the overall conclusions of the previous chapters: (1) that positive international law has consistently supported Kelsen’s ‘a posteriori’ conception of international legal personality; (2) that, consequently, the international legal personality of any entity is solely a matter of (presumption-free) interpretation of international norms; and (3) that we must abandon both the widespread presumption against direct individual rights and obligations (in accordance with the ‘modified States-only’ conception of international legal personality) and the use of the orthodox ‘States-only’ conception of international legal personality as means to distinguish between international law and national law.
Astrid Kjeldgaard-Pedersen
- Published in print:
- 2018
- Published Online:
- September 2018
- ISBN:
- 9780198820376
- eISBN:
- 9780191860294
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198820376.001.0001
- Subject:
- Law, Public International Law
This book scrutinizes the relationship between the concept of international legal personality as a theoretical construct and the position of the individual as a matter of positive international law. ...
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This book scrutinizes the relationship between the concept of international legal personality as a theoretical construct and the position of the individual as a matter of positive international law. By testing four main theoretical conceptions of international legal personality against historical and existing international legal norms that govern individuals, the book argues that the common narrative about the development of the role of the individual in international law is flawed. Contrary to conventional wisdom, international law did not apply to States alone until the Second World War, only to transform during the second half of the twentieth century to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is—and always was—solely contingent upon the interpretation of international legal norms. It follows, of course, that the entities governed by a particular norm tell us nothing about the legal system to which that norm belongs. Instead, the distinction between international and national legal norms turns exclusively on the nature of their respective sources. Against the background of these insights, the book shows how present-day international lawyers continue to allow an idea, which was never more than a scholarly invention of the nineteenth century, to influence the interpretation and application of contemporary international law. This state of affairs has significant real-world ramifications as international legal rights and obligations of individuals (and other non-State entities) are frequently applied more restrictively than interpretation without presumptions regarding ‘personality’ would merit.Less
This book scrutinizes the relationship between the concept of international legal personality as a theoretical construct and the position of the individual as a matter of positive international law. By testing four main theoretical conceptions of international legal personality against historical and existing international legal norms that govern individuals, the book argues that the common narrative about the development of the role of the individual in international law is flawed. Contrary to conventional wisdom, international law did not apply to States alone until the Second World War, only to transform during the second half of the twentieth century to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is—and always was—solely contingent upon the interpretation of international legal norms. It follows, of course, that the entities governed by a particular norm tell us nothing about the legal system to which that norm belongs. Instead, the distinction between international and national legal norms turns exclusively on the nature of their respective sources. Against the background of these insights, the book shows how present-day international lawyers continue to allow an idea, which was never more than a scholarly invention of the nineteenth century, to influence the interpretation and application of contemporary international law. This state of affairs has significant real-world ramifications as international legal rights and obligations of individuals (and other non-State entities) are frequently applied more restrictively than interpretation without presumptions regarding ‘personality’ would merit.
David S Berry
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780199670079
- eISBN:
- 9780191749452
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199670079.003.0002
- Subject:
- Law, Public International Law, Comparative Law
Chapter 2 places Caribbean regional integration in its context, briefly surveying the geographic and economic features of the region. It examines the history of West Indian regional integration, from ...
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Chapter 2 places Caribbean regional integration in its context, briefly surveying the geographic and economic features of the region. It examines the history of West Indian regional integration, from before the Second World War to the present. It highlights the formative impact of the West Indies Federation and of subsequent, unsuccessful, attempts at political integration. It traces the shift toward economic, functional forms of integration, and examines the evolution of the constituent instruments of both CARICOM and the OECS. It offers a brief introduction to the different forms of economic integration, locating both regional organizations in their broader global context. It presents a basic introduction both to the law of treaty interpretation and to some of the rules and principles of international institutional law, including autointerpretation, international legal personality, implied powers, and the doctrine of ultra vires.Less
Chapter 2 places Caribbean regional integration in its context, briefly surveying the geographic and economic features of the region. It examines the history of West Indian regional integration, from before the Second World War to the present. It highlights the formative impact of the West Indies Federation and of subsequent, unsuccessful, attempts at political integration. It traces the shift toward economic, functional forms of integration, and examines the evolution of the constituent instruments of both CARICOM and the OECS. It offers a brief introduction to the different forms of economic integration, locating both regional organizations in their broader global context. It presents a basic introduction both to the law of treaty interpretation and to some of the rules and principles of international institutional law, including autointerpretation, international legal personality, implied powers, and the doctrine of ultra vires.
Katharine Fortin
- Published in print:
- 2017
- Published Online:
- September 2017
- ISBN:
- 9780198808381
- eISBN:
- 9780191846106
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198808381.001.0001
- Subject:
- Law, Human Rights and Immigration, Public International Law
Although the practice of holding armed groups to account under human rights law remains controversial and under-theorized as a matter of law, statements from Commissions of Inquiry and United Nations ...
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Although the practice of holding armed groups to account under human rights law remains controversial and under-theorized as a matter of law, statements from Commissions of Inquiry and United Nations Special Rapporteurs holding armed groups to account under this body of law are relatively commonplace. Motivated by this contradiction, this study aims to clarify when and how armed groups are bound by human rights law. It brings several key issues of clarification to the legal framework. The first part of the book presents a new perspective on the role that human rights law plays in the legal framework that applies to non-international armed conflict. In particular, the study investigates the normative added value that human rights law can bring vis-à-vis international humanitarian law. The second part of the book sheds light on the circumstances in which armed groups acquire obligations under human rights law. Combining historical and comparative research with theoretical analysis on international legal personality, the research demonstrates what the legal frameworks of belligerency, insurgency, and international humanitarian law can tell us about when and how such groups may be bound by human rights law. The third part of the book tests and investigates the four most utilized theories of how armed groups are bound by human rights law, examining (i) treaty law, (ii) control of territory, (iii) international criminal law, and (iv) customary international law. The book’s conclusions are drawn together thematically and contain important practical recommendations for practitioners in this field.Less
Although the practice of holding armed groups to account under human rights law remains controversial and under-theorized as a matter of law, statements from Commissions of Inquiry and United Nations Special Rapporteurs holding armed groups to account under this body of law are relatively commonplace. Motivated by this contradiction, this study aims to clarify when and how armed groups are bound by human rights law. It brings several key issues of clarification to the legal framework. The first part of the book presents a new perspective on the role that human rights law plays in the legal framework that applies to non-international armed conflict. In particular, the study investigates the normative added value that human rights law can bring vis-à-vis international humanitarian law. The second part of the book sheds light on the circumstances in which armed groups acquire obligations under human rights law. Combining historical and comparative research with theoretical analysis on international legal personality, the research demonstrates what the legal frameworks of belligerency, insurgency, and international humanitarian law can tell us about when and how such groups may be bound by human rights law. The third part of the book tests and investigates the four most utilized theories of how armed groups are bound by human rights law, examining (i) treaty law, (ii) control of territory, (iii) international criminal law, and (iv) customary international law. The book’s conclusions are drawn together thematically and contain important practical recommendations for practitioners in this field.
Tilman Rodenhäuser
- Published in print:
- 2018
- Published Online:
- May 2018
- ISBN:
- 9780198821946
- eISBN:
- 9780191861109
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198821946.003.0015
- Subject:
- Law, Public International Law
The book’s general conclusion summarizes the different thresholds of organization, power, or capacity required from armed groups as identified in the book’s three parts. It presents them in two ...
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The book’s general conclusion summarizes the different thresholds of organization, power, or capacity required from armed groups as identified in the book’s three parts. It presents them in two concise and innovative tables. In a second step, the conclusion compares the different thresholds in order to identify similarities and differences. Comparing how the different fields of law have addressed armed groups over the past years and decades, and which challenges different fields have faced, the general conclusion also makes suggestions on how international law should further develop in order to better address the very different natures and capacities of armed groups. Moreover, it discusses how the conclusions drawn in this book might be relevant in the analysis of possible legal obligations of other non-state actors.Less
The book’s general conclusion summarizes the different thresholds of organization, power, or capacity required from armed groups as identified in the book’s three parts. It presents them in two concise and innovative tables. In a second step, the conclusion compares the different thresholds in order to identify similarities and differences. Comparing how the different fields of law have addressed armed groups over the past years and decades, and which challenges different fields have faced, the general conclusion also makes suggestions on how international law should further develop in order to better address the very different natures and capacities of armed groups. Moreover, it discusses how the conclusions drawn in this book might be relevant in the analysis of possible legal obligations of other non-state actors.
Tanja Aalberts
- Published in print:
- 2018
- Published Online:
- February 2019
- ISBN:
- 9780198798200
- eISBN:
- 9780191858642
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198798200.003.0039
- Subject:
- Law, Public International Law
This chapter analyses a treaty made on behalf of the Association Internationale du Congo (the infamous private company of King Leopold II of Belgium) with roi Né-Do’ucoula of Boma on 19 April 1884. ...
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This chapter analyses a treaty made on behalf of the Association Internationale du Congo (the infamous private company of King Leopold II of Belgium) with roi Né-Do’ucoula of Boma on 19 April 1884. Whereas legal analysis would usually focus on the content of the treaty and its provisions to establish legal facts, this chapter moves the attention to the signatures at the bottom. It argues that they constitute an important object of international law, as they provide a counter narrative to the popular Standard of Civilisation as the founding doctrine of the Family of Nations in the nineteenth century. As objects of international law the signatures—or rather marks or crosses—embody at the same time the condition of possibility of the nineteenth-century international legal order, and undermine its defining framework (that is, constitute its condition of impossibility).Less
This chapter analyses a treaty made on behalf of the Association Internationale du Congo (the infamous private company of King Leopold II of Belgium) with roi Né-Do’ucoula of Boma on 19 April 1884. Whereas legal analysis would usually focus on the content of the treaty and its provisions to establish legal facts, this chapter moves the attention to the signatures at the bottom. It argues that they constitute an important object of international law, as they provide a counter narrative to the popular Standard of Civilisation as the founding doctrine of the Family of Nations in the nineteenth century. As objects of international law the signatures—or rather marks or crosses—embody at the same time the condition of possibility of the nineteenth-century international legal order, and undermine its defining framework (that is, constitute its condition of impossibility).
