Suchergebnisse

This article introduces the Continent of International Law (COIL) research project on international agreement design. COIL stems from the conviction that the International Organization subfield's focus on the couple hundred international organizations with physical headquarters had to be broadened to include the tens of thousands extant international agreements, that is, international law. Each piece of international law can and should be studied as an institution. Together, this set of institutions, which truly is a "continent," is theoretically very interesting and empirically very diversified. COIL's basic theoretical premise is that international agreement design and comparison across agreements begins by understanding the underlying cooperation problem(s) the agreements are trying to solve. COIL identifies 12 distinct and recurrent cooperation problems, which may occur alone or in combinations. The data collection features a random sample of international agreements conditional on the issue areas of economics, environment, human rights, and security. The first large-n, systematic operationalization of the cooperation problems underlying real international agreements is highlighted, and descriptive statistics are presented -- some of which challenge conventional wisdom. For instance, enforcement problems (Prisoner's Dilemma-like situations) are important, but far from universal, with 30% of the agreements characterized by that underlying problem. The numerous and diverse COIL variables allow for a multi-dimensional operationalization of the difficult-to-measure concept of the "incomplete contract." Hypotheses from contract theory are tested, confirming the appropriateness of the new measure, the weakness of measures based on number of pages, and most significant, the rationality and efficiency of the continent of international law. [Reprinted by permission of Sage Publications Inc., copyright holder.]

"This monograph considers the application of general rules of international law to islands, as well as special rules focused on islands, notably Article 121 of the UN Convention on the Law of the Sea. Such rules have been applied in several landmark cases in recent years, including the International Court of Justice's judgments in 'Territorial and Maritime Dispute (Nicaragua v. Colombia)', and arbitral awards in the 'Chagos Marine Protected Area Arbitration (Mauritius v. United Kingdom)' and the 'South China Sea Arbitration (Philippines v. China)'. Among other things, this monograph explores: the legal concepts of "islands", "rocks" and "low-tide elevations"; methods of securing sovereignty over and the maritime zones generated by islands; islands and historic titles, bays and rights; problems of delimitation in the presence of islands; legal issues arising from changes in islands over time (notably from climate change); and contemporary techniques for resolving disputes over islands"--

If, after the nineteenth century, there remained any question concerning the universality of international law, or of its fundamental rules, it appeared to be largely one of legal history. But as the world of the twentieth century has come to be divided by political ideologies, their legal ramifications have given the question new actuality as one of basic legal theory. That the Family of Nations, or the subjects of international law, embraced virtually all states of the world seemed no longer open to serious doubt when non-Christian states wholly outside Europe took part in the Hague Peace Conferences of 1899 and 1907 and when participation by such states was continued and further extended in the Paris Peace Conference of 1919 and in the League of Nations. Yet the same period that saw the unquestioned global expansion of international law has had to face new challenges to its unity as a single, universally valid legal system. They were raised chiefly by German Nazis and Soviet Communists, or in turn against them by their respective critics and opponents. Confronted with these challenges, the universal validity of international law appears no longer as an existingphenomenon that may be traced back to its origins and on to its eventual completion, but as a debatable assumption that stands to be justified or rejected in the light of fresh examination.

Abstract
The article proposes an original conceptual framework that captures the discursive logic of self-legitimation and
applies it to the empirical case of European Union soft law and the process of Brexit. Adopting the general orientation of
Discourse Historical Approach in Critical Discourse Analysis and working with a dataset of all European Parliament (EP)
resolutions on Brexit in the 2016–2023 period, the article investigates how, and interprets the particular ways in which, the EP
legitimised itself as an actor vis-à-vis Brexit, through different linguistic and discursive devices in its resolutions. The
analysis illustrates that the EP's use of soft law for self-legitimation purposes is an intriguing case of how legal instruments
can be leveraged in multifaceted ways beyond their traditional function for broader communicative and political purposes. As such,
the article extends the traditional understanding of the purposes of EP resolutions by explicitly acknowledging them as powerful
discursive resources for self-legitimation.

The ITLOS Yearbook 2017 provides information on the composition, jurisdiction, procedure and organization of the Tribunal and reports on its judicial activities in 2017, in particular on the Judgment delivered by the Special Chamber in Case No. 23. The Yearbook is prepared by the Registry of the Tribunal. Le TIDM Annuaire 2017 fournit des informations essentielles concernant la composition, la compétence, la procédure et l'organisation du Tribunal. Il donne également un aperçu des activités judiciaires du Tribunal au cours de l'année 2017, en particulier en ce qui concerne l'arrêt rendu par la Chambre spéciale dans l'affaire no. 23. L' Annuaire est rédigé par le Greffe du Tribunal

Written by an international judge, professor and former ambassador with decades of experience in the field, this is an incisive and highly readable book about international law as well as realpolitik in bilateral and multilateral diplomacy in the quest for justice by victims of serious human rights violations amounting to grave crimes of international concern. Focusing on the plight of the ethnic and religious group of persons called the Rohingya', normally residing in Myanmar, as the case study, the book elaborates the complex legal technicalities and impediments in international courts and foreign domestic criminal courts exercising universal jurisdiction' in relation to acts amounting to genocide, crimes against humanity and/or war crimes. It builds on and adds value to existing literature on the international law applicable to the protection of human rights as interpreted by the International Court of Justice as well as that on the international criminal justice meted out by domestic criminal courts, ad hoc international criminal tribunals and the permanent International Criminal Court. The book will be essential reading for students, researchers and academics in public international law, international criminal law, international human rights law as well as government officials and those working for NGOs and international organizations with mandates in these fields.