Part IV Activities of Organizations, Ch.10 Counterterrorism and Transnational Crime

2016 ◽  
Author(s):  
Cockayne James
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
International Institutions ◽  
International System ◽  
Transnational Crime ◽  
Shared Understanding ◽  
System P ◽  
History Of ◽  
The Will ◽  
Governance Arrangements

Economic globalization has facilitated transnational criminal and terrorist activity since the mid-nineteenth century, thus incentivizing closer international law enforcement cooperation. This chapter explores the history of that cooperation, the contours of which are shaped by the interaction of the institutions of sovereignty and the reality of power in the international system. It argues that international law enforcement cooperation to counter terrorism and transnational crime takes two independent, but interacting, forms: firstly, the use of existing international institutions to define behaviour as criminally deviant and to repress it, even against the will of some states; and, secondly, the formation of transgovernmental policing networks, and, more recently, collaborative multisectoral governance arrangements — both notionally apolitical, but inherently reflective of a shared understanding of criminally deviant behaviour. The interplay of these two approaches follows the contours defined by juridical sovereignty and power in the international system.

Latin America’s Evolving Contribution to Peaceful Change in the International System

2020 ◽  
Author(s):  
Harold A. Trinkunas
Keyword(s):  
Latin America ◽  
International Law ◽  
Structural Changes ◽  
International System ◽  
Regional Organizations ◽  
International Courts ◽  
Interstate Disputes ◽  
System P ◽  
Soft Balancing ◽  
Interstate System

Latin America has long aspired for an interstate system based on the principles of nonintervention and adherence to international law. Over time, the region has become increasingly free of war, and interstate disputes are frequently settled via diplomacy or by international courts. But it has achieved a largely “negative” peace as peaceful relations in the region are neither the result of nor have produced deeper commercial integration, effective regional organizations, or epistemic security communities. This chapter examines realist, liberal, and constructivist explanations to explain the sources of peace and peaceful change in Latin America, as well as how structural changes in the international system have affected the region. In particular, it analyzes how Latin America’s relative weakness in terms of material capabilities has led it to rely on diplomacy, “soft balancing,” and norms entrepreneurship in international law to secure its interest in a progressively more peaceful and rule-bound international order.

Contravention and Creation of Law during the French Revolution

2021 ◽  
pp. 481-495
Author(s):  
Edward Kolla
Keyword(s):  
International Law ◽  
French Revolution ◽  
Unintended Consequence ◽  
Military Force ◽  
Central Feature ◽  
The People ◽  
History Of ◽  
The Will ◽  
History Of International Law ◽  
The French Revolution

Moments of infraction of international law can generate new law. These can also be important examples of contingency in the history of international law, if the process occurs as an unintended consequence of actors’ aims. The French Revolution was just such an instance. The transmission of sovereignty from the person of the king to the collective populace of France was a central feature of the Revolution. Unplanned by revolutionaries, the principle of popular sovereignty bled into international law and became a new justification for claims to territory—a precept which, by the twentieth century, came to be called national self-determination. This chapter explores how the will of the people became a force in international law, inadvertently from the perspective of revolutionaries, as a result of changing public opinion, claims of jurisprudential and moral legitimacy, and military force.

scholarly journals Pacifismo jurídico = Legal pacifism

2019 ◽  
pp. 220
Author(s):  
José Antonio García Sáez
Keyword(s):  
International Relations ◽  
International Law ◽  
International Institutions ◽  
International Order ◽  
War And Peace ◽  
Central Division ◽  
Sustainable Peace ◽  
Palabras Clave ◽  
History Of ◽  
Outlawry Of War

Resumen: Guerra y paz pueden ser pensadas como dos momentos que están destinados a sucederse alternativamente dentro la historia de las relaciones internacionales. Pero también cabe la esperanza de que a través del desarrollo de un orden internacional fuerte pueda conseguirse una paz perpetua o, cuanto menos, duradera. A ese fin han destinado sus esfuerzos numerosos juristas cuyas obras pueden ser enmarcadas dentro del pacifismo jurídico. En este texto se tratará de ordenar los rasgos característicos de esta posición, tomando como división central aquella que separa los autores que han apostado por la prohibición de la guerra de aquellos que han apostado por su progresiva superación. Ambas posiciones compartirán su preferencia por el fortalecimiento de las instituciones internacionales, además de una cierta vocación cosmopolita. Palabras clave: Pacifismo jurídico, guerra, paz, filosofía del derecho internacional. Abstract: War and peace could be thought as two moments bound to succeed each other within the history of international relations. But there is also room for the hope in a perpetual or, at least, sustainable peace thorough the development of a strong international order. Several legal scholars, whose works can be labelled inside the legal pacifism, have devoted their efforts to that end. This paper tries to put some order about the main features of legal pacifism. It takes as a central division their position towards war: some legal pacifists have defended the total outlawry of war, while others have considered preferable a progressive overcoming of war. Both positions will share the preference for strength the international institutions, together with a certain degree of cosmopolitan commitment. Keywords: legal pacifism, war, peace, philosophy of international law.

scholarly journals International Law as a Help or Hinderance to World Peace

2020 ◽  
Vol 11 (2) ◽  
pp. 447-459
Author(s):  
Alexander Gilder
Keyword(s):  
International Law ◽  
Review Essay ◽  
International System ◽  
World Peace ◽  
International Organisations ◽  
The World ◽  
History Of ◽  
History Of International Law ◽  
Made In

Abstract World Peace (And How We Can Achieve It) looks towards a future where there is increasingly optimistic engagement with the concept of peace. Bellamy assesses why the world is the way it is before making suggestions for how the world can achieve peace. Bellamy suggests world peace is achievable and in the final chapter constructs his articles for world peace. This review essay engages with several themes in the book looking at how the history of international law is framed by the author before assessing Bellamy’s arguments in relation to the state and international organisations. Lastly, the essay casts a legal eye over the author’s articles for world peace. The articles will be of particular interest to readers in international law as they are embedded in the existing systems and structures of the prevailing international system. However, the articles contain the important inclusion of individuals and the role they play in achieving world peace. World Peace allows international lawyers to think more deeply about peace and the points made in this essay raise some issues that may be further debated as scholars map the paths to peace.

Hijazi Self-Determination and the New International System

The Hijaz ◽  
2018 ◽  
pp. 99-130
Author(s):  
Malik R. Dahlan
Keyword(s):  
International Law ◽  
International System ◽  
Self Determination ◽  
Arab State ◽  
Islamic State ◽  
Nationalist Movement ◽  
Legal Studies ◽  
System P ◽  
National Liberation Movement ◽  
The Subject

This chapter covers Hijazi self-determination: as an experimentation of Hijazi nationalism through “ethnicity” and “territoriality” concepts of international law. The chapters cover the promulgation of the Arab Revolt and Arab self-determination, the dictating rules of international law, Arab nationalist movements as well as the claim over the institution of the Caliphate. It explores Hijaz nationalism after the breakdown of the dream of a unitary “Arab State” and its status in the League of Nations. The analogy brings in critical legal studies mirroring the past and drawing lessons from Japan and its denied discourse. The chapter covers the invasion and legal treatment of the conquest of The Hijaz and the Taif Massacre and rise of a new Islamic state led by the Wahhabi movement and recognized, ultimately, as a state by the Allies – Saudi Arabia. At this point The Hijaz transitions from being the subject of colonialism to the object of it in the new Islamic state. It covers Imam Ibn Saud’s negotiations with The Hijaz nationalist movement to safe statehood and his promise of Hijazi self-government under the principle of “The is for the Hijazis” to The Hijaz and the Islamic World. It also discusses the Hijaz National Liberation Movement against the British and new religious rule.

The Moving Cultural Frontier of World Order: From Monotheism to North-South Relations

1981 ◽  
Vol 7 (1) ◽  
pp. 1-20 ◽  
Author(s):  
Ali A. Mazrui
Keyword(s):  
International Law ◽  
International System ◽  
World Order ◽  
Developmental System ◽  
Know How ◽  
Class Stratification ◽  
The World ◽  
Cultural Themes ◽  
History Of ◽  
Good And Evil

This essay argues that the history of the international system has revolved around a moving frontier of cultural exclusivity. Originating under monotheism, the cultural frontier has been characterized by a persistent “us/them” dichotomy. Civilizations which anthropomorphized God in monarchical terms tended to divide the world between the God-fearing and the sinner. This tendency was reinforced by the culture of politics which differentiated supporters from adversaries. Both were embodied in early international law such that a system of rules for civilized nations did not apply to ‘them’ – the rest of the world, thus opening the door to imperialism and eventual class stratification in the international system. Although the cultural frontier has been moving due to secular challenges, the major challenges to Judaeo-Christian monotheism – Marxism and Islam – are themselves dualistic: the Marxist dialectic is inherently of this nature as is the tension between good and evil in Islam. The interrelationship between major cultural themes in today's world, coupled with a developmental system of stratification which is based on technical know-how, suggests that important but hidden problems of a cultural nature are contained in the world order agenda.

The Politics of International Law

2021 ◽  
Author(s):  
Nicole Scicluna
Keyword(s):  
International Relations ◽  
International Law ◽  
International System ◽  
Deep Understanding ◽  
Rising Powers ◽  
Law And Politics ◽  
System P ◽  
The World ◽  
Fit For Purpose

This book is an introduction to international law for politics and international relations students. It provides a deep understanding of the possibilities and limits of international law as a tool for structuring relations in the world. The case study-driven approach helps students understand the complexities of international law, and illustrates the inextricable interaction between law and politics in the world today. In addition, it encourages students to question assumptions, such as whether international law is fit for purpose, and what that purpose is or ought to be. The book also discusses the potential of rising powers to shift the international system.

4 Decisions and Orders of International Institutions

2020 ◽  
Author(s):  
Bradley Curtis A
Keyword(s):  
Legal System ◽  
International Institutions ◽  
The United States ◽  
Criminal Court ◽  
Vienna Convention ◽  
System P ◽  
International Court ◽  
The Status ◽  
History Of ◽  
The U.S

This chapter considers the status in the U.S. legal system of decisions and orders of international institutions to which the United States is a party. It begins with a description of various constitutional doctrines and principles that are potentially implicated by delegations of authority to international institutions, as well as general concerns that have been raised about such delegations relating to democratic accountability. The chapter also recounts the long history of U.S. engagement with international arbitration and the constitutional debates that this engagement has sometimes triggered. Extensive consideration is given to litigation concerning the consular notice provisions in the Vienna Convention on Consular Relations, including efforts by criminal defendants to enforce decisions by the International Court of Justice (ICJ) interpreting these provisions. The U.S. relationship with other international institutions, such as the World Trade Organization and the International Criminal Court, are also considered. The chapter concludes by discussing the extent to which constitutional concerns relating to international delegations can be adequately addressed by presuming that the orders and decisions of international institutions are non–self-executing in the U.S. legal system.

International Law in the Russian Legal System

2020 ◽  
Author(s):  
Butler William E
Keyword(s):  
International Law ◽  
Legal System ◽  
Constitutional Court ◽  
International Treaties ◽  
Investment Protection ◽  
European Court ◽  
System P ◽  
Lower Courts ◽  
History Of

This addition to the Elements of International Law series explores the role of international law as an integral part of the Russian legal system, with particular reference to the role of international treaties and of generally-recognized principles and norms of international law. Following a discussion of the historical place of treaties in Russian legal history and the sources of the Russian law of treaties, the book strikes new ground in exploring contemporary treaty-making in the Russian Federation by drawing upon sources not believed to have been previously used in Russian or western doctrinal writings. Special attention is devoted to investment protection treaties. The importance of publishing treaties as a condition of their application by Russian courts is explored. For the first time a detailed account is given of the constitutional history of treaty ratification in Russia, the outcome being that present constitutional practice is inconsistent with the drafting history of the relevant constitutional provisions. The volume gives attention to the role of the Russian Supreme Court in developing treaty practice through the issuance of "guiding documents" binding on lower courts, the reaction of the Russian Constitutional Court to judgments of the European Court of Human Rights, and the place of treaties as an integral part of the Russian legal system. Butler further explores the hierarchy of sources of law, together with other facets of Russian arbitral and judicial practice with respect to treaties and other sources of international law. He concludes with a consideration of the 'generally-recognized principles and norms of international law' and their role as part of the Russian system.

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