scholarly journals Does Consent Engender Compliance? Insights from Empirical Research on International Tribunals

AJIL Unbound ◽  
2021 ◽  
Vol 115 ◽  
pp. 160-163
Author(s):  
Florencia Montal
Keyword(s):  
Empirical Research ◽  
State Policy ◽  
World Politics ◽  
Policy Implications ◽  
Judicial Decision ◽  
Political Actors ◽  
Judicial Decisions ◽  
The Icj ◽  
International Tribunals

Zachary Mollengarden and Noam Zamir base their conclusion that the Monetary Gold principle should be abandoned on both legal considerations and policy implications. These two elements, however, do not receive equal attention in the article. This essay unpacks the authors’ dismissal of the idea that, by subjecting jurisdiction to consent, the principle makes compliance with awards from the ICJ more likely. Based on the notion that judicial decisions should be understood as embedded within wider political bargains, I contend that while consent might be indicative of states’ willingness to abide by a judicial decision, what ultimately matters for changing state policy towards compliance is the set of incentives that states face in the context of these wider political bargains. Thus, the essay argues, in line with Mollengarden and Zamir, that abandoning the Monetary Gold principle need not make the Court less effective. However, it will not necessarily make it more impactful either. Beyond Monetary Gold and in relation to its role in world politics more broadly, the Court's impact rests, ultimately, on how political actors––including the ICJ itself––mobilize rulings strategically.

Information Component of Disintegration Processes in Spain and Great Britain: the Comparative Aspects

2019 ◽  
pp. 142-154
Author(s):  
Vasyl Karpo ◽  
Nataliia Nechaieva-Yuriichuk
Keyword(s):  
World War I ◽  
Practical Interest ◽  
Political Influence ◽  
World Politics ◽  
The Political ◽  
Political Actors ◽  
Political Propaganda ◽  
Political Processes ◽  
The World ◽  
Ancient Times

From ancient times till nowadays information plays a key role in the political processes. The beginning of XXI century demonstrated the transformation of global security from military to information, social etc. aspects. The widening of pandemic demonstrated the weaknesses of contemporary authoritarian states and the power of human-oriented states. During the World War I the theoretical and practical interest toward political manipulation and political propaganda grew definitely. After 1918 the situation developed very fast and political propaganda became the part of political influence. XX century entered into the political history as the millennium of propaganda. The collapse of the USSR and socialist system brought power to new political actors. The global architecture of the world has changed. Former Soviet republic got independence and tried to separate from Russia. And Ukraine was between them. The Revolution of Dignity in Ukraine was the start point for a number of processes in world politics. But the most important was the fact that the role and the place of information as the challenge to world security was reevaluated. The further annexation of Crimea, the attempt to legitimize it by the comparing with the referendums in Scotland and Catalonia demonstrated the willingness of Russian Federation to keep its domination in the world. The main difference between the referendums in Scotland and in Catalonia was the way of Russian interference. In 2014 (Scotland) tried to delegitimised the results of Scottish referendum because they were unacceptable for it. But in 2017 we witness the huge interference of Russian powers in Spain internal affairs, first of all in spreading the independence moods in Catalonia. The main conclusion is that the world has to learn some lessons from Scottish and Catalonia cases and to be ready to new challenges in world politics in a format of information threats.

Contemporary International Tribunals

2017 ◽  
Author(s):  
Antonio Augusto Cançado Trindade Trindade
Keyword(s):  
Ad Hoc ◽  
International Criminal ◽  
Case Law ◽  
Nuclear Disarmament ◽  
International Human Rights ◽  
International Criminal Tribunals ◽  
The Icj ◽  
The Common ◽  
International Human ◽  
International Tribunals

In the course of 2016, international human rights tribunals (ECtHR, IACtHR and ACtHPR) kept on making cross-references to each other’s case-law, as well as to that of other international tribunals. The same has taken place on the part of international criminal tribunals (ICC and ICTFY), at a time of special attention to the preservation of the legacy of the ad hoc tribunals (ICTFY and ICTR). One could have expected the same from the ICJ, as to the case-law of other international tribunals, in its recent decisions in the cases concerning the Obligation of Nuclear Disarmament (2016), keeping in mind the common mission (of realization of justice) of contemporary international tribunals from an essentially humanist outlook.

scholarly journals Rules are Rules: Reconceiving Monetary Gold as a Rule of Procedure

AJIL Unbound ◽  
2021 ◽  
Vol 115 ◽  
pp. 144-148
Author(s):  
Juliette McIntyre
Keyword(s):  
Iterative Process ◽  
Third Parties ◽  
Judicial Decision ◽  
Procedural Rule ◽  
Legal Principle ◽  
The Icj ◽  
Rule Making ◽  
Intervention Procedure ◽  
Formal Rules

The Case of the Monetary Gold Removed from Rome in 1943 is familiar to all international lawyers. Like a catechism, we are taught that the ICJ will not proceed with a case where the legal interests of a State not before the Court “would not only be affected by a decision, but would form the very subject-matter of the decision.” Mollengarden and Zamir's proposal that the Court should dispense with the Monetary Gold principle feels almost heretical. The authors contend that the ICJ Statute sets out a framework for balancing the interests of third parties through the use of the intervention procedure, and that Monetary Gold “disrupts that balance.” Monetary Gold is, they submit, to be treated as only a judicial decision, entitled under Article 36(1)(d) of the Statute to little deference as a source of legal principle. I suggest taking an altogether different approach. The best way to understand the place of the Monetary Gold principle is in the context of the ICJ's rule making powers pursuant to Article 30(1) of the Court's Statute. These rule making powers are not limited to the promulgation of formal Rules of Court but extend to the determination of appropriate procedures during the hearing of a case. These procedural rules (small r), articulated in the context of particular cases, may in time evolve into formal Rules of Court through an iterative process. Monetary Gold is an instance of the Court defining a small r procedural rule in a manner that is consistent with the Court's Statute.

IMPROVEMENT OF THE STATE POLICY ON THE SUSTAINABLE DEVELOPMENT OF SINGLE-INDUSTRY TOWNS: RESULTS OF EMPIRICAL RESEARCH (CASE OF ZHEZKAZGAN CITY)

2021 ◽  
Vol 74 (2) ◽  
pp. 30-40
Author(s):  
S.A. Abenov ◽  
Keyword(s):  
Sustainable Development ◽  
Economic Development ◽  
Empirical Research ◽  
State Policy ◽  
Economic Transformation ◽  
Living Conditions ◽  
The Sustainable Development ◽  
Socio Economic Development ◽  
Single Industry ◽  
The City

This article examines the socio-economic development of monotowns in Kazakhstan on the example of Zhezkazgan city. The authors analyzed the satisfaction of citizens with the living conditions in monotowns, as well as identified the problems of sustainable development and prospects for socio-economic transformation of this region. The results of the study showed that the main problem of a monotown is its dependence on the city-forming enterprise. At the same time, respondents expressed a high desire to migrate to other regions (78% of respondents).

State Practices on Inclusion

1995 ◽  
Vol 16 (5) ◽  
pp. 279-287 ◽  
Author(s):  
ANTONIS KATSIYANNIS ◽  
GREG CONDERMAN ◽  
DAVID J. FRANKS
Keyword(s):  
Special Education ◽  
General Education ◽  
Students With Disabilities ◽  
Empirical Research ◽  
State Policy ◽  
Technical Assistance ◽  
Classroom Setting ◽  
General Education Classroom ◽  
Research Findings ◽  
Intense Debate

Inclusion, which promotes educating all students with disabilities in the general education classroom setting, has triggered an intense debate in the field of special education. the purposes of this study were to highlight issues regarding inclusion, present findings on state practices on inclusion, and explore implications for practice and further research. findings from state surveys indicated great variety in state policy, acceleration in inclusion activity, a commitment to providing inservice and technical assistance, emerging teacher certification guidelines specific to inclusion, and minimal empirical research regarding the benefits of inclusion.

When Do Courts Constrain the Authoritarian State? Judicial Decision-Making in Jordan and Palestine

2021 ◽  
Author(s):  
Steven D. Schaaf
Keyword(s):  
Decision Making ◽  
Original Data ◽  
Judicial Decision ◽  
Appellate Courts ◽  
Judicial Decision Making ◽  
Legal Norms ◽  
Authoritarian State ◽  
Judicial Decisions ◽  
State Activity ◽  
State Actors

Under what conditions will authoritarian courts issue decisions that constrain state actors? This study breaks new ground in authoritarianism research by explaining when authoritarian states are—and are not—held accountable to legal norms. I leverage evidence from interviews with Jordanian and Palestinian legal actors, original data on judicial decisions, and two years of fieldwork shadowing judges as they conducted business in the courthouse. I find that courts in Jordan and Palestine are hardly regime pawns, as judges routinely prioritize their own interests above those of regime elites. My results also demonstrate that lawsuits revealing instances of intra-state disunity are particularly good vehicles for expanding judicial authority over state activity and, further, that appellate courts are uniquely less capable of constraining state actors.

Law Matters

2011 ◽  
Author(s):  
Michael A. Bailey ◽  
Forrest Maltzman
Keyword(s):  
Decision Making ◽  
Theoretical Model ◽  
Democratic Participation ◽  
Bill Of Rights ◽  
Judicial Decision ◽  
Stare Decisis ◽  
Judicial Decision Making ◽  
Judicial Decisions ◽  
Strict Interpretation ◽  
Commerce Clause

Building on the theoretical model of Chapter 3, this chapter seeks to assess whether “law” affects judicial decisions independently of policy preferences. Numerous legal doctrines may shape judicial decision-making, including stare decisis, originalism, plain meaning, the promotion of democratic participation, and doctrines with regard to specific elements of the Constitution such as the Bill of Rights or the commerce clause. The chapter concentrates on three legal doctrines (stare decisis, strict interpretation of the Constitution, and judicial restraint) that are both prominent and clearly more likely to play a role in structuring decision-making on some cases than on others. These doctrines are not necessarily canons of jurisprudence that are universally shared; they are principles that are widely acknowledged in the legal world as appropriately influencing constitutional interpretation.

Thoughts on Domestic Adjudication and the Identification and Formation of Customary International Law

2018 ◽  
Vol 27 (1) ◽  
pp. 131-149
Author(s):  
Cameron Miles
Keyword(s):  
International Law ◽  
International Courts ◽  
Customary International Law ◽  
Judicial Decisions ◽  
Model Based ◽  
Domestic Courts ◽  
State Practice ◽  
The Icj ◽  
International Adjudication

Article 38(1)(d) of the ICJ Statute provides that “judicial decisions” may serve as a subsidiary means for the determination of customary international law. The absence of a qualifying adjective to the term “judicial decisions” confirms that, at least ex facie, there is no priority to be given to international over domestic judgments in this respect. And yet – as the International Law Commission’s Draft Conclusions on Formation and Identification of Customary International Law confirms – the reality of international adjudication is one in which domestic judicial decisions are often side-lined. In this paper, I question the ILC’s assertion that this is due to the relative expertise of international versus domestic courts, and instead posit a model based on the shifting architectonics of international adjudication. Two related developments are key: (1) the florescence of international adjudicative bodies in the post-1945 era, and (2) the tendency for international courts and tribunals to see domestic judicial decisions as evidence of state practice and opinio juris under Article 38(1)(b), rather than as subsidiary means for the determination of custom – that is, as factual rather than legal precedents.

How Politics and Institutions Shape Poverty and Inequality

2017 ◽  
Author(s):  
David Brady ◽  
Agnes Blome ◽  
Hanna Kleider
Keyword(s):  
Labor Unions ◽  
State Policy ◽  
The State ◽  
The Other ◽  
Future Research ◽  
Political Actors ◽  
Power Resources ◽  
Poverty And Inequality ◽  
Key Concepts

This article explores the influence of politics and institutions on poverty and inequality. It first considers the general contention that poverty is shaped by the combination of power resources and institutions. On one hand, scholars in the power resources tradition have emphasized the role of class-based collective political actors for mobilizing “power resources” in the state and economy. On the other hand, institutionalists have highlighted the role of formal rules and regulations. The article goes on to discuss the theoretical arguments of power resources theory and the evidence for key power resources (that is, collective political actors like labor unions and parties). It also reviews institutional explanations, focusing on the key concepts and theories and as well as the evidence linking the most salient institutions to poverty. Finally, it examines how state policy influences poverty and presents several challenges for future research.

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