Prosody and ideology

2021 ◽  
Vol 3 (2) ◽  
pp. 302-334
Author(s):  
Annabelle Lukin ◽  
Lucía Inés Rivas
Keyword(s):  
International Law ◽  
News Reporting ◽  
Role Choices ◽  
Invasion Of Iraq ◽  
Ideological Work ◽  
As If

Abstract The focus of this paper is on the role choices in phonological systems (Brazil 1997; Halliday & Greaves 2008) play in the ideological work of a text. Using an instance of news reporting of the 2003 invasion of Iraq, we show how prosodic choices – both those shared with other texts in this register, and those specific to this instance – contribute to the ideological force of the text. The ideological effects of prosodic choices in this text, we argue, include projecting a very particular interpretation of the invasion as if distant and objective, and giving prominence to claims that the invasion was measured and targeted, and by implication in accordance with international law.

scholarly journals The Will and Authority of the Security Council after Iraq

2004 ◽  
Vol 17 (4) ◽  
pp. 645-672 ◽  
Author(s):  
NIGEL D. WHITE
Keyword(s):  
International Law ◽  
Security Council ◽  
Use Of Force ◽  
Corporate Body ◽  
Executive Action ◽  
The Will ◽  
One Year ◽  
The Relationship ◽  
Invasion Of Iraq

One year after the invasion of Iraq, what lessons are to be drawn about the role of the Security Council in peace and security? This article looks at the issue by considering the nature of the Security Council in its dual functions as a forum for diplomacy and a corporate body for executive action. The idea of the Security Council's possessing a separate will in its executive function is developed. The article stresses the importance for the authority of the Council of that organ expressing its will within the legal parameters of the Charter and international law. It is argued that similar legal parameters are also applicable to the permanent members in exercising their power of veto and in interpreting resolutions. Further, when interpreting resolutions member states should not misconstrue the will of the Council. The Iraq crisis of 2003 raised all these issues and, further, necessitated a reappraisal of the rules of international law governing the use of force. This article considers the relationship between diminution in Council authority and erosion of the rules of the UN Charter governing the threat or use of force in international relations.

Agency in International Law

1940 ◽  
Vol 34 (4) ◽  
pp. 638-660 ◽  
Author(s):  
Angelo Piero Sereni
Keyword(s):  
International Law ◽  
The Other ◽  
Legal Effect ◽  
Legal Consequences ◽  
As If

I. In the field of international law every subject generally acts in person, through its own organs, without resorting to cooperation with other subjects. However, international practice shows that members of the community of nations sometimes act on behalf of other members, with the legal effect that the transactions performed by the acting subject in the name and for the account of the other have for the latter the same legal consequences as if it had acted in person. This happens, for example, when a state, duly authorized, concludes through its own organs a treaty for another state: the latter is thus bound by the treaty exactly in the same way as if it had concluded the treaty itself, through its own organs. This legal phenomenon implies a split between the immediately acting international person and the person to whom the legal effects of these acts are imputed.

scholarly journals The Use of Force in International Law

2018 ◽  
Keyword(s):  
International Law ◽  
Use Of Force ◽  
Armed Conflicts ◽  
Written Text ◽  
Law And Politics ◽  
Extensive Coverage ◽  
The Us ◽  
Methodological Approaches ◽  
Complex Question ◽  
Invasion Of Iraq

The international law on the use of force is one of the oldest branches of international law. It is an area twinned with the emergence of international law as a concept in itself, and which sees law and politics collide. The number of armed conflicts is equal only to the number of methodological approaches used to describe them. Many violent encounters are well known. The Kosovo Crisis in 1999 and the US-led invasion of Iraq in 2003 spring easily to the minds of most scholars and academics, and gain extensive coverage in this text. Other conflicts, including the Belgian operation in Stanleyville, and the Ethiopian Intervention in Somalia, are often overlooked to our peril. Ruys and Corten's expert-written text compares over sixty different instances of the use of cross border force since the adoption of the UN Charter in 1945, from all out warfare to hostile encounters between individual units, targeted killings, and hostage rescue operations, to ask a complex question. How much authority does the power of precedent really have in the law of the use of force?

scholarly journals Soft Balancing in the Americas: Latin American Opposition to U.S. Intervention, 1898–1936

2015 ◽  
Vol 40 (1) ◽  
pp. 120-156 ◽  
Author(s):  
Max Paul Friedman ◽  
Tom Long
Keyword(s):  
International Relations ◽  
International Law ◽  
Latin American ◽  
The United States ◽  
Coalition Building ◽  
Military Force ◽  
Multinational Organizations ◽  
Soft Balancing ◽  
Latin American Countries ◽  
Invasion Of Iraq

In the aftermath of the 2003 U.S.-led invasion of Iraq, scholars of international relations debated how to best characterize the rising tide of global opposition. The concept of “soft balancing” emerged as an influential, though contested, explanation of a new phenomenon in a unipolar world: states seeking to constrain the ability of the United States to deploy military force by using multinational organizations, international law, and coalition building. Soft balancing can also be observed in regional unipolar systems. Multinational archival research reveals how Argentina, Mexico, and other Latin American countries responded to expanding U.S. power and military assertiveness in the early twentieth century through coordinated diplomatic maneuvering that provides a strong example of soft balancing. Examination of this earlier case makes an empirical contribution to the emerging soft-balancing literature and suggests that soft balancing need not lead to hard balancing or open conflict.

Market Practice and the Evolution of Foreign Sovereign Immunity

2018 ◽  
Vol 43 (02) ◽  
pp. 496-526 ◽  
Author(s):  
W. Mark C. Weidemaier ◽  
Mitu Gulati
Keyword(s):  
United States ◽  
Twentieth Century ◽  
United Kingdom ◽  
International Law ◽  
The United States ◽  
Default Rule ◽  
Sovereign Immunity ◽  
Loan Contracts ◽  
Market Practice ◽  
As If

The twentieth century witnessed a “tectonic” shift in international law, from absolute to restrictive theories of sovereign immunity. As conventionally understood, however, this transformation represented only a change in default rule. Under absolute immunity, courts could not hear lawsuits and enforce judgments against a foreign sovereign without its consent. Under restrictive immunity, foreign sovereigns were not immune to their commercial acts, regardless of consent. Using a two-century dataset of loan contracts, we show that market practice undermines this conventional understanding. For centuries, loan contracts were structured as if the rules of sovereign immunity could not be changed by contract. In the 1970s, however, market practice changed, seemingly in response to the codification of sovereign immunity law in the United States and United Kingdom. We explore why market practice conflicts with the conventional understanding of sovereign immunity, and we examine the association between codification and the structure of sovereign loan contracts.

Public Policy in the Conflict of Laws: a Chinese Wall around Little England?

1996 ◽  
Vol 45 (3) ◽  
pp. 633-661 ◽  
Author(s):  
Nelson Enonchong
Keyword(s):  
Public Policy ◽  
International Law ◽  
Common Law ◽  
Private International Law ◽  
Conflict Of Laws ◽  
Foreign Law ◽  
The World ◽  
The Common ◽  
As If

The English courts have often incurred the reproach of undue insularity in their attitude to foreign law.1 A common gripe is that they have failed to recognise that there is a world elsewhere, and that England is not “a legal island”.2 Savigny, we are told,3 was moved to lament over the fact that although in other branches of knowledge there was an internationalist outlook in England, in the field of jurisprudence alone it “remained divided from the rest of the world, as if by a Chinese wall”. Recently it has been suggested that “The foundation of this Chinese wall… lay … in an unquestioning belief in the superiority of the common law and its institutions, at least in England.”4 It would be unsafe to affirm that the charge of insularity has always been without foundation. The “Little England”5 attitude of mind, Roskill LJ reminds us,6 was “once proclaimed in the phrase ‘Athanasius contra mundum’”. And it should occasion no surprise that the examples commonly advanced to substantiate the charge are usually drawn from private international law.7

The High Tide of Anticolonial Legalism

2020 ◽  
pp. 1-27
Author(s):  
Samuel Moyn
Keyword(s):  
International Law ◽  
High Tide ◽  
Great Power ◽  
Power Politics ◽  
Great Power Politics ◽  
The 1960S ◽  
Postcolonial States ◽  
As If

Abstract For a time in the 1960s it seemed as if one domain in which the global south’s enthusiastic struggle to arrogate the mantle of universalism as an exercise in “worldmaking” was the transformation of international law. Though this struggle was ultimately circumvented by great power politics and newer forms of international law and organization, it was a crucial moment. The introductory prosopographical survey that follows seeks to recapture the consensus of a set of northern and southern international lawyers in the 1960s who saw potential in the project of transforming their field to register the aims of a new epoch – the aims of postcolonial states.

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