Due Process of Law in International Organizations

1965 ◽  
Vol 19 (2) ◽  
pp. 163-176 ◽  
Author(s):  
C. Wilfred Jenks

Those of us who have lived through the growth of international organizations during the last 45 years have witnessed a remarkable series of transformations in their membership, their procedures, their authority, their effectiveness, and even in their fundamental conception, purposes, and function.Designed to supplement the inherited and traditional political structure of the world, the League of Nations was to consist primarily of new arrangements for avoiding any repetition of the breakdown in the conduct of international relations represented by the outbreak of war in 1914. The United Nations, as originally conceived, was designed to be a central element in a political structure of a world which was recognized to be changing. But there was little appreciation, when the Charter was drafted, of how sudden, far-reaching, and decisive the changes would prove to be.

Author(s):  
Leonard V. Smith

We have long known that the Paris Peace Conference of 1919 “failed” in the sense that it did not prevent the outbreak of World War II. This book investigates not whether the conference succeeded or failed, but the historically specific international system it created. It explores the rules under which that system operated, and the kinds of states and empires that inhabited it. Deepening the dialogue between history and international relations theory makes it possible to think about sovereignty at the conference in new ways. Sovereignty in 1919 was about remaking “the world”—not just determining of answers demarcating the international system, but also the questions. Most histories of the Paris Peace Conference stop with the signing of the Treaty of Versailles with Germany on June 28, 1919. This book considers all five treaties produced by the conference as well as the Treaty of Lausanne with Turkey in 1923. It is organized not chronologically or geographically, but according to specific problems of sovereignty. A peace based on “justice” produced a criminalized Great Power in Germany, and a template problematically applied in the other treaties. The conference as sovereign sought to “unmix” lands and peoples in the defeated multinational empires by drawing boundaries and defining ethnicities. It sought less to oppose revolution than to instrumentalize it. The League of Nations, so often taken as the supreme symbol of the conference’s failure, is better considered as a continuation of the laboratory of sovereignty established in Paris.


2021 ◽  
pp. 251660692199175
Author(s):  
Devansh Dubey ◽  
Payas Jain

The right to fair trial is inherent in the concept of due process of law, which now forms part of Article 21 of Indian Constitution after the Maneka Gandhi judgement. Pertinently attached with the same comes the responsibility of the criminal system to treat victims with increased awareness and sensitivity. However, the established convention shows that in planning and developing administration of criminal justice, proper attention is not given to the victims of crime in achieving goals of criminal justice; the major cause of it being that a victim is heard only as a witness not as a victim. A credible response to the said issue has emerged in the form of victim impact statement (VIS) in the modern legal system across the world. With that being said, the researchers through this article try to deduce the need for incorporating a VIS in India through the various jurisprudential understandings of what it means to be a victim, including the gap between the subjective experience of the sufferer and the interpretation of the same by others, and what restorative justice would mean to heal a victim. Establishing upon the same premise of victim status, the researchers try to suggest that the introduction of VIS, with the primary purpose of it being a therapeutic tool and not an instrument of changing the course of justice, will serve to make us reconsider our contours of a ‘victim’.


2014 ◽  
Vol 6 (2) ◽  
pp. 332-349 ◽  
Author(s):  
Julia Gallagher

This article explores norms as idealizations, in an attempt to grasp their significance as projects for international organizations. We can think about norms as ‘standards of proper behaviour’. In this sense they are somehow natural, things to be taken for granted, noticed only really when they are absent. We can also think about norms as ‘understandings about what is good and appropriate’. In this sense, norms embody a stronger sense of virtue and an ability to enable progress or improvement. Norms become ideal when they are able to conflate what is good with what is appropriate, standard, or proper. It is when the good becomes ‘natural’ that a norm appears immanent and non-contestable, and so acquires an idealized form.45Along with the other articles in this special issue, I will attempt to challenge some of the complacency surrounding the apparent naturalness and universality of norms employed in international relations.


The peace process in Northern Ireland is associated with the signing of the Good Friday or Belfast Agreement, the arduous and lengthy implementation of this Agreement, and the continuing sectarianism in Northern Ireland. Despite the numerous and various studies about this case, no collection of scholarly analysis to date has attempted to assess a wide variety of theories prominent in International Relations (IR) that relate directly to the conflict in Northern Ireland, the peace process, and the challenges to consolidating peace after an agreement. IR scholars have recently written about and debated issues related to paradigms, border settlement and peace, the need to provide security and disarm combatants, the role of agents and ideas, gender and security, transnational movements and actors, the role of religions and religious institutions, the role of regional international organizations, private sector promotion of peace processes, economic aid and peacebuilding, the emergence of complex cooperation even in the world of egoists, and the need for reconciliation in conflict torn societies. How do the theories associated with these issues apply in the context of Northern Ireland’s peace process? Theories of International Relations and Northern Ireland explores primarily middle-range theories of International Relations and examines these theories in the context of the important case of Northern Ireland.


Author(s):  
Vitaliy Makar

This year Canada celebrated the 150thanniversary of its official establishment, when the Act of British North America came into force. However, the Dominion was established, the British Parliament retained the ability of limited control over Canada until 1982. The Autonomy was granted by the Canadian Act of 1982, which freed Canada from the remaining dependence of the British Parliament forever. Canada is a federal parliamentary democracy with a constitutional monarchy as a formof the government. Noteworthy, the power of the monarch is purely nominal, and is represented by the Governor-General. On the surface, if compared with other countries, Canada appears to be quite recently formed state. In reality, Canada has made significant progress in its development. Importantly, Canada is a member of the G-7. Leading countries and international organizations value the opinion and authority of the Maple Leaf Country. It is one of the most ethnically and culturally varied countries in the world, since it has always depended on immigration, which is governed by federal and provincial governments. Canada has one of the highest indicators of transparency of the government, civil liberties, economic freedom, quality of life and education in the world. The article examines the stages of Canada’s establishment, political structure, economic development and potential opportunities. The author also focuses on the importance of Canadian-Ukrainian relations and collaboration. Currently, Canada is a special partner and pays considerable attention to all events that take place in Ukraine.   Keywords: Canada, provinces, territories, political structure,parliament, economy, Canadian-Ukrainian relations


Author(s):  
James Crawford ◽  
Tom Grant

This article explores what is commonly called the ‘World Court’. It examines the slow and steady growth of the global rule of law in detail, starting with the juridical experiment of the League of Nations: the Permanent Court of International Justice. It points out that the Court goes against the grain of contemporary international relations and the proliferation of actors because of Article 34 of its Statute.


2013 ◽  
Vol 12 (3) ◽  
pp. 487-507
Author(s):  
MANFRED ELSIG

AbstractThe field of international relations has been obsessed with democracy and democratization and its effects on international cooperation for a long time. More recently, research has turned its focus on how international organizations enhance democracy. This article contributes to this debate and applies a prominent liberal framework to study the ‘outside-in’ effects of the World Trade Organization. The article offers a critical reading of democratization through IO membership. It provides for an assessment of the dominant framework put forward by Keohane et al. (2009). In doing so, it develops a set of empirical strategies to test conjectured causal mechanisms with respect to the WTO, and illustrates the potential application by drawing on selected empirical evidence from trade politics. Finally, it proposes a number of analytical revisions to the liberal framework and outlines avenues for future research.


2004 ◽  
Vol 1 (1) ◽  
pp. 9-21
Author(s):  

AbstractThe law of international organizations, including the institutional law, has been somewhat neglected in the past, even though, or perhaps because, international organizations are creations largely of the 20th century. In my treatise on Principles of the Institutional Law of International Organizations, first published in late 1996 and going now, at the request of the publisher, into a second edition, I directed attention, perhaps in a seminal way, to this institutional law, its importance and its qualification to be considered a specific category not only of general international law but also of international organizational law. In my view there is ample room for further thorough study of various aspects particularly of this law without neglecting the functional international law of international organizations. Apart from principle, their application or non-application in practice may usefully be studied. This by itself justifies a law journal devoted to the subject of international organizational law in general. Moreover, the justification is further reinforced by the fact that now international organizations have become a feature of everyday life in the world. Here, at the risk of repeating what I have said in my book referred to above, because such repetition can only emphasize the importance of the subject matter, I shall concentrate on four aspects which are relevant to international organizational law, to its importance as a part of international law and to its influence on international relations: (i) the pervasiveness of international organizations; (ii) the concept of international institutional law; (iii) its nature; and (iv) its sources.


2015 ◽  
Vol 109 (1) ◽  
pp. 1-57 ◽  
Author(s):  
Stavros Gadinis

The proliferation of international standards has triggered heated debates in recent years. From human rights to environmental protection, from the Internet to financial derivatives, from antitrust to missile technology, international standards govern some of the most important issues of our day. These standards are not legally binding, but scores of governments around the world have incorporated them wholesale in their national legal orders. The drafters of these standards are not political leaders, formal government representatives, or international organizations, but rather informal committees of ministry officials, regulators, or private experts. Labeled transnational regulatory networks, these informal bodies have puzzled legal scholars and international relations theorists. Why do states adopt these standards instead of producing their own laws? How do these new global standard setters come about, and what are their goals? Addressing these questions has been the source of both “euphoria” and “anxiety,” as a leading commentator has recognized.


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