Part II Predominant Security Challenges and International Law, National and Transnational Security, Ch.10 International Law and State Failure

2021 ◽  
Author(s):  
McLaughlin Rob
Keyword(s):  
International Law ◽  
International Community ◽  
State Failure ◽  
Minimum Level ◽  
Security Framework ◽  
Global Security ◽  
Working Definition ◽  
Security Challenges ◽  
Definition Of

This chapter examines the concept of State failure from the perspective of international law as it concerns the facilitation, regulation, and occasionally the degradation of global security. International law, in this context, is primarily conceptualized as an enabler for security-informed responses to the phenomenon of State failure. International law approaches State failure from the perspective of restorative legal and institutional facilitation, with a structural predilection for a State-centric security framework. This has resulted in the nexus between ‘State failure’ and international law being dominated by two interlinked purposes: (1) promoting the normative continuity of ‘Stateness’ for failed entities; and (2) managing the transition back to a minimum level of stable ‘Stateness’ with the least harm to the population and the international community. Ultimately, international law’s approach to State failure is primarily one of remedy, not of acceptance. The chapter seeks to evolve a working definition of ‘State failure’ from an international law perspective and assesses the adequacy of selected modes and indicators by which international law may recognize State failure.

Part II Predominant Security Challenges and International Law, National and Transnational Security, Ch.8 Corruption and Global Security

2021 ◽  
Author(s):  
Rose Cecily
Keyword(s):  
International Law ◽  
Legal Framework ◽  
Social Scientists ◽  
Global Security ◽  
Legal Definition ◽  
Post Conflict ◽  
Security Challenges ◽  
State Actors ◽  
The Impact ◽  
The Relationship

This chapter studies the relationship between corruption and global security. It begins by discussing the term ‘corruption’, which lacks a legal definition and can mean different things to lawyers and to social scientists. The chapter describes the various ways in which corruption and insecurity can relate to each other. Corruption is both a cause of global insecurity and a consequence of it. In other words, corruption may lead to insecurity, and conversely, insecurity, as in post-conflict societies, may lead to corruption and to greater tolerance of it. In addition, corruption can also be a cause of security or stability, rather than insecurity. Finally, anti-corruption measures and campaigns may themselves inadvertently cause insecurity. The chapter then details the international legal framework concerning corruption. It explores the extent to which anti-corruption treaty laws can serve as tools or guides for States and also non-State actors seeking to combat corruption and promote global security. The chapter also considers one of the challenges facing researchers who study the causes and consequences of corruption, namely the difficulties involved in measuring corruption and the impact of anti-corruption laws.

The E.U.'s Definition of Terrorism: The Council Framework Decision on Combating Terrorism

2004 ◽  
Vol 5 (5) ◽  
pp. 585-602 ◽  
Author(s):  
Eugenia Dumitriu
Keyword(s):  
United Nations ◽  
International Law ◽  
International Community ◽  
Framework Decision ◽  
Freedom Fighters ◽  
Long Time ◽  
Multiple Resolutions ◽  
Definition Of ◽  
Terrorist Acts ◽  
International Conventions

Terrorist acts have, for a long time, constituted a major concern for the international community. Yet the definition of terrorism has represented an area of international law where the divergence of views between States was significant. For some, the protection of the State and of the democratic values of the society laid at the heart of the debate, whereas others were more concerned with the risk of an unjustified repression of “freedom fighters.” These approaches, although apparently complementary, have proved to be irreconcilable in practice. At the United Nations’ level, this division of the international community prevented the emergence of a consensus over a horizontal definition of terrorism. This situation,-paradoxically did not impede the adoption of several international conventions dealing with specific aspects or forms of terrorism as well as of multiple resolutions on this issue.

scholarly journals PRINCIPLES OF INTERNATIONAL LAW AND THEIR ROLE IN CONFLICT RESOLUTION IN KOSOVO AND CRIMEA. Part 2

2019 ◽  
Keyword(s):  
International Law ◽  
International Community ◽  
Self Determination ◽  
Local Authorities ◽  
Territorial Integrity ◽  
Legal Norms ◽  
Conflict Situations ◽  
History Of ◽  
Definition Of ◽  
The Right

The second part of the article considers the issue of the contradiction of the realization of the right to self-determination and the principle of territorial integrity of Serbia and Ukraine on the example of Kosovo and Crimea. It presents an analysis of the legitimacy of the will expression of Kosovars and Crimeans and its compliance with the norms of international law. The preconditions and factors of the ethnopolitical conflict are examined and the main problematic issues that caused controversies between the central and local authorities in Kosovo and Crimea are identified. The article emphasizes that the result of the plebiscites in Kosovo (1998) and Crimea (2014) was the declaration of independence, denied by central authorities of Serbia and Ukraine and met with mixed reactions by the international community. The self-proclaimed republics have only external features of statehood and are subject to external administration of other countries. A latent opposition of geopolitical opponents in the international arena is noted, which is to some extent traced through the position on the recognition / non-recognition of Kosovo and Crimea. The article draws attention to the fact that inconsistent interpretations of certain principles of international law promote secession movements in countries where conflicts periodically arise between central and local authorities. The emphasis is placed on the necessity of a clearer definition of the aforementioned international legal norms and obligations undertaken by subjects of international law. The article holds that in order to avoid such situations as in Kosovo or Crimea, to eliminate conflicts related to the possibility of an ambiguous interpretation and application of the principles of international law, an internationally recognized system of more stringent and comprehensive measures should be introduced to cease and prevent threats to the territorial integrity of countries. A strong position of the international community on the abovementioned principles with the history of the liberation movements of these peoples taken into account should become the measure precluding the aggravation of conflict situations related to the aspiration of peoples for self-determination.

The Oxford Handbook of the International Law of Global Security

2021 ◽  
Keyword(s):  
International Law ◽  
Global Scale ◽  
First Century ◽  
Global Security ◽  
Public International Law ◽  
Security Governance ◽  
Security Environment ◽  
Security Challenges ◽  
Wide Range ◽  
The Relationship

Understanding the global security environment and delivering the necessary governance responses is a central challenge of the twenty-first century. On a global scale, the central regulatory tool for such responses is public international law. But what is the state, role, and relevance of public international law in today’s complex and highly dynamic global security environment? The Oxford Handbook of the International Law of Global Security provides a groundbreaking overview of the relationship between international law and global security. It constitutes a comprehensive and systematic mapping of the various sub-fields of international law dealing with global security challenges, and offers authoritative guidance on key trends and debates around the relationship between public international law and global security governance. The Handbook features original contributions by leading scholars and practitioners from a wide range of professional and disciplinary backgrounds, reflecting the fluidity of the concept of global security and the diversity of scholarship in this area.

scholarly journals A Quest for Defining Terrorism in International Law: The Emerging Consensus

2020 ◽  
Author(s):  
Mohammed Salman Mahmood
Keyword(s):  
International Law ◽  
International Community ◽  
Self Determination ◽  
International Terrorism ◽  
General Definition ◽  
Armed Struggle ◽  
Secondary Sources ◽  
To Come ◽  
Definition Of ◽  
Agreed Definition

The United Nations (UN) has no internationally-agreed definition of terrorism. The definitional impasse has prevented the adoption of a Comprehensive Convention on International Terrorism. Even in the immediate aftermath of 9/11 the UN failed to adopt the Convention, and the deadlock continues to this day. The prime reason is the standoff with the Organization of the Islamic Conference (OIC). The Arab Terrorism Convention and the Terrorism Convention of the Organization of the Islamic Conference defines terrorism to exclude armed struggle for liberation and self-determination. This increased its complexity and vagueness. The aim of this paper is to examine the definitional aspect of terrorism and the challenges faced in adopting a single universally accepted definition by the international community. The methodology adopted in this paper is purely a library based research focusing mainly on primary and secondary sources. The paper concludes that nations or states have to come to agreement on a definition of the term “terrorism”, for without a consensus of what constitute terrorism, nations or states could not unite against it. A general definition of terrorism is necessary in order for the international community to fight against terrorism in a precise way.  

scholarly journals Foreign Relations Law as a Field of Study

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 316-320
Author(s):  
Curtis A. Bradley
Keyword(s):  
United States ◽  
International Law ◽  
Foreign Relations ◽  
The United States ◽  
Field Of Study ◽  
Working Definition ◽  
Definition Of

This essay offers a working definition of “foreign relations law,” describes its various sources, and distinguishes it from international law. It also provides some comparative illustrations of this law and notes some reasons for both commonalities and differences in this law across national jurisdictions. Finally, it discusses the growing emergence of foreign relations law as a field of study outside the United States.

Part II Predominant Security Challenges and International Law, Technological Security, Ch.35 Biosecurity

2021 ◽  
Author(s):  
Revill James ◽  
Roessing Anna
Keyword(s):  
National Security ◽  
International Law ◽  
Life Sciences ◽  
First Century ◽  
Considerable Progress ◽  
Current Status ◽  
Global Security ◽  
Security Discourse ◽  
Security Challenges ◽  
Conceptual Difficulties

This chapter discusses the term ‘biosecurity’, which is a relatively new addition to the global security lexicon. It looks at the origins and evolution of the concept of biosecurity, drawing attention to drivers of interest in biosecurity and the linguistic, cultural, and political challenges to cohesively defining this concept. Notwithstanding such conceptual difficulties, biosecurity has become an important topic in twenty-first-century security discourse as multilateral and national security-policymaking organs have recognized the potential security-related risks associated with contemporary biotechnology and have sought to mitigate such risks. The chapter then elaborates on what has been achieved in terms of building a biosecurity architecture. It also considers the current status of the biosecurity debate, drawing on examples from the patchwork of biosecurity measures undertaken across the globe to illustrate how this is an area that has made considerable progress over the course of the last two decades. Ultimately, biosecurity is a work in progress that will become increasingly salient in the global security discourse as life sciences and biotechnology continue to advance in a changing geostrategic context.

Part II Predominant Security Challenges and International Law, International Security, Ch.14 Armed Conflicts, International Law, and Global Security

2021 ◽  
Author(s):  
Kellenberger Jakob
Keyword(s):  
International Law ◽  
International Security ◽  
World Order ◽  
Armed Conflicts ◽  
Global Security ◽  
Contemporary World ◽  
Security Challenges ◽  
Geographical Regions ◽  
The World ◽  
The Relationship

This chapter addresses the relationship between armed conflicts, international law, and global security. While today protracted non-international armed conflicts are the prevalent type of armed conflict, international armed conflicts seem likely to again become a major threat to global security in the future. This hypothesis is based, amongst other factors, on recent military confrontations involving a number of States in Syria, the Russian involvement in Crimea, US tensions with Iran and North Korea, and broader regional tensions in the South China Sea. The chapter provides an overview of the interrelation between armed conflicts and other threats to global security before looking at armed conflicts currently raging in various geographical regions of the world. It then considers the adequacy and effectiveness of the existing international regulatory framework governing armed conflicts in light of the broader challenges facing the contemporary world order.

Introduction

2018 ◽  
Author(s):  
Irini Papanicolopulu
Keyword(s):  
International Law ◽  
Media Coverage ◽  
New Approach ◽  
Legal Norms ◽  
Judicial Decisions ◽  
Working Definition ◽  
Definition Of ◽  
Key Terms

This chapter states the aim of the book, clarifies some key terms and presents the structure of the book. The aim of the book is to discuss how international law can be effectively used to protect people at sea. Interest in these people has been triggered by media coverage of stories about pirates and migrants at sea, but also by the unprecedented number of international judicial decisions that affect them. The meaningfulness of ‘people at sea’ as the focus of the work is argued. The chapter then presents the need for a new approach towards their protection by legal norms, based on a systemic reading of international law and the ensuing reconstruction of a dedicated special regime. After providing a working definition of the term ‘regime’, the chapter ends with a presentation of the structure of the book.

scholarly journals Identification Criteria of Jus Cogens Norms in International Law

2020 ◽  
Author(s):  
Yuliya Dolinska
Keyword(s):  
International Law ◽  
General Rule ◽  
International Community ◽  
General Nature ◽  
General Definition ◽  
Vienna Convention ◽  
Specific Content ◽  
The Status ◽  
Definition Of ◽  
Jus Cogens

The article examines the positions of leading scholars on the identification of imperative norms of international law, discusses critical remarks that focus primarily on the difficulties connected with such identification. Trying to codify the concept of jus cogens in international law, the Commission itself acknowledged that the wording of the article was not so straightforward as there was no simple criterion by which a general rule of international law could be defined as having the character of jus cogens. Moreover, most of the general rules of international law are not of this nature, and therefore States can evade them by concluding treaties. Having considered the general definition of jus cogens in the Vienna Convention, it can be argued that the rule of international law can be ‘raised’ to the status of the rule of jus cogens – the imperative rule of international law – if the latter meets all the criteria. An important criterion worth noting is that imperative rules protect the interests of the whole international community: all imperative rules protect the interests of community, but not all public interests will be protected by the rules of jus cogens. The next criterion, closely related to the previous one, is that jus cogens rules protect the most fundamental ethical values of the international community, and one more – the absolute nature of the norm. But, in fact, the jus cogens category itself has more authority than its specific content. Despite the fact that none of the documents contains a comprehensive list of rules that should be considered imperative, the article provides a preliminary classification of non-derogation rules in order to illustrate some of the most obvious and applicable jus cogens norms for indicating in these examples the general nature and scope of the rule contained in Article 53. Key words: jus cogens norms; imperative norms; international law.

Sign in / Sign up

Export Citation Format

Share Document