scholarly journals The law of the global economy and the spectre of inequality

2021 ◽  
Author(s):  
Ingo Venzke
Keyword(s):  
Social Justice ◽  
International Law ◽  
Global Economy ◽  
Economic Order ◽  
Global Order ◽  
Progressive Change ◽  
Inaugural Lecture ◽  
The Future ◽  
The Law ◽  
Do So

Abstract Drawing on my inaugural lecture, I argue that the spectre of inequality haunts international law. The presence of the spectre first of all draws attention to what is rotten in the global economic order: how the law of the global economy has contributed to high levels of inequality while, at the same time, abdicating responsibility for it. Second, like all spectres, international law’s spectre of inequality is animated by a spirit, the spirit of social justice. It points to forsaken paths, lost memories and conjures up past possibilities that were not realized. Third, the spectre endures unless we give in and break with current repetitions. It directs those in search of progressive change towards productive contradictions within global order. Those contradictions are indeed carriers of hope. They offer reason to believe that the future is open. Engaging with the spectre of inequality in international law turns out to be much less daunting than failing to do so.

The Law of International Criminal Procedure and Domestic War Crimes Trials

2006 ◽  
Vol 6 (4) ◽  
pp. 605-635 ◽  
Author(s):  
Göran Sluiter
Keyword(s):  
International Law ◽  
International Criminal ◽  
Criminal Procedure ◽  
War Crimes ◽  
Specific Context ◽  
National Courts ◽  
International Criminal Tribunals ◽  
War Crimes Trials ◽  
The Law ◽  
Do So

AbstractThis article deals with the question of possible effect of the law of international criminal procedure for domestic war crimes trials. With the increasing number of national prosecutions for war crimes this question will gain in relevance.The article starts with an exploration of the origin and development of the law of international criminal procedure, to reach the conclusion that because of the lack of a strong foundation it is difficult to discern firmly established rules in this field. Next, two areas are examined where the law of international criminal procedure is capable of producing effect for national trials: human rights and rules that have developed in the specific context of war crimes prosecutions.Whether rules of international criminal procedure are formally effective in the domestic legal order remains to be seen. There is no clear obligation under international law to do so. Furthermore, the law of international criminal procedure may be difficult to harmonise with domestic inquisitorial systems.In spite of these difficulties, the article concludes that national courts will increasingly face similar procedural problems in complex war crimes trials as international criminal tribunals and will be happy to learn from their experiences.

The Nuremberg Trial and International Law

1947 ◽  
Vol 41 (1) ◽  
pp. 20-37 ◽  
Author(s):  
George A. Finch
Keyword(s):  
World War Ii ◽  
World War I ◽  
International Law ◽  
World War ◽  
The Public ◽  
The Future ◽  
The Law ◽  
Civilized World

Retribution for the shocking crimes and atrocities committed by the enemy during World War II was made imperative by the overwhelming demands emanating from the public conscience throughout the civilized world. Statesmen and jurists realized that another failure to vindicate the law such as followed World War I would prove their incapacity to make progress in strengthening the international law of the future.1

Lawful Murder: Unnecessary Killing in the Law of War

2012 ◽  
Vol 25 (2) ◽  
pp. 417-446 ◽  
Author(s):  
Samuel G. Walker
Keyword(s):  
International Law ◽  
Pragmatic Approach ◽  
Right To Life ◽  
Human Right ◽  
Law Of War ◽  
The Law ◽  
Do So

The international law of war limits the use of violence, largely through protections afforded to civilians. However, the law provides no principled limit on the taking ofcombatantlife — soldiers may be killed even if to do so would contribute absolutely no military advantage. This permissive approach to unnecessary killing has deep historical roots in the philosophy of the law of war. Three justifications for unnecessary killing have been advanced: a robust notion of sovereignty that views the soldier as a disposable molecule of a greater being; the idea that soldiers are ‘guilty’ and deserve what befalls them in war; and a pragmatic approach holding that limits on gratuitous violence are both impossible to implement in practice as well as harmful. None of these arguments are persuasive in light of the contemporary consensus that there is a human right to life that ought to be respected at all times, even in war. A rule of “combatant proportionality” should therefore be formally incorporated into the law of war.

Utilitarian International Order

2019 ◽  
pp. 247-266
Author(s):  
Gerald J. Postema
Keyword(s):  
Public Opinion ◽  
International Relations ◽  
International Law ◽  
Soft Power ◽  
International Politics ◽  
International Order ◽  
Mutual Benefit ◽  
Global Order ◽  
Legislative Authority ◽  
The Law

International politics was integral to Bentham’s comprehensive jurisprudential project. His perspective on international law was that of a legislator, an engineer of global order, not that of expositor or theorist of the existing law. He articulated a (quasi-) cosmopolitan principle for the governance of a state-pluralist global order: the ultimate aim of international law, he argued, is the greatest common and equal utility of all nations. This principle articulates a standard of equal, mutual benefit and builds in a proviso that permits derogation from arrangements or laws that work greatly to the disadvantage of any given nation. He envisioned the global order as a loose affiliation of equal sovereign states, each of which participates on an equal basis in a common congress accorded legislative authority through their participation and is subject to judgments of a common tribunal. Bentham’s ultimate solution to the problem of war was threefold: (i) the law was to be put on a clear, authoritative, and fully public basis in a carefully drafted and systematic code; (ii) all disputes arising in international relations were to be directed to this code and a common tribunal was empowered to resolve the disputes in an impartial way; (iii) judgments of the tribunal were to be enforced by the soft power of Public Opinion Tribunal consisting of both nations and individuals.

The Sanction of International Law

1920 ◽  
Vol 14 (1-2) ◽  
pp. 26-37 ◽  
Author(s):  
Ronald F. Roxburgh
Keyword(s):  
International Law ◽  
The Past ◽  
External Power ◽  
The Subject ◽  
The Law ◽  
Definition Of ◽  
Large Sections ◽  
Do So

Every satisfactory definition of law implies a sanction. Some penalty must be imposed upon a law-breaker, to be exacted, in the last resort, by external power. Force, therefore, is vital to law as it is to war, though normally it plays a less obvious part. A felon who is brought up for trial, condemned, and sent to prison, is induced by force, or by the fear of force, to submit to the court and to punishment. The policeman and the warder are the instruments of external power by which he is constrained to obey.Force also supplies the most important incentive for securing obedience to law. It is true, as Maine pointed out, that for every man who keeps the law through conscious fear of punishment, there may be hundreds who do so as it were instinctively, and without a thought on the subject. But while this law-abiding spirit, which is characteristic of large sections of a modern community, owes its origin to a number of causes, perhaps the most potent of all has been the enforcement of law through long ages in the past.

Establishing Internationally Competent Leaders for the Future: Promoting an Agenda for Social Justice, Equity, and Intercultural Sensitivity

2009 ◽  
Vol 18 (3) ◽  
pp. 174-184 ◽  
Author(s):  
Carolyn Talbert-Johnson
Keyword(s):  
Social Justice ◽  
Global Economy ◽  
Intercultural Sensitivity ◽  
Global Perspective ◽  
International Exchange ◽  
Preparation Programs ◽  
Exchange Programs ◽  
Global Perspectives ◽  
The Future ◽  
International Knowledge

To be successful in a global economy, U.S. candidates must possess international knowledge, intercultural communication skills, and global perspectives to effectively teach diverse student populations. Unfortunately, teacher education programs have not prepared candidates to be internationally competent leaders for the future. Schools of education with international exchange programs are in a unique position to engage candidates in firsthand exploration of cultural and diversity understandings. In this article, I identify pervasive problems with preparation programs and suggest the need for a multicultural, global perspective with a social justice agenda. I conclude the article with justification for new initiatives to ensure that inclusive practices are promoted.

International law and the limits of global justice

2011 ◽  
Vol 37 (5) ◽  
pp. 2073-2088 ◽  
Author(s):  
SALADIN MECKLED-GARCIA
Keyword(s):  
Social Justice ◽  
International Law ◽  
Global Justice ◽  
Special Kind ◽  
Human Action ◽  
International Order ◽  
Alternative Form ◽  
Global Order ◽  
Global Arena

AbstractThere are two central theses to this article, the first is that a special kind of governance authority is needed for principles of distributive social justice (‘social justice’ from now on) to be applicable to any sphere of human action. The second is that international law does not and cannot represent that kind of governance authority. It is not ‘social justice-apt’, in my terminology. This is due to the limits inherent in the statist character of international law, a character that underlies the point and purpose of international law in the first place. Putting these together, one can conclude that international law cannot be used to govern the global order according to those principles of social justice that liberal theorists typically defend in the domestic context. This shows that if the cosmopolitan project of extending social justice to the global arena does not find an alternative form of governance for the international order (the problem of ‘cosmopolitan coordination’) it ceases to be a viable project.

7. Global economic and trade governance

2021 ◽  
pp. 145-168
Author(s):  
Nicole Scicluna
Keyword(s):  
International Law ◽  
Global Economy ◽  
International Political Economy ◽  
Developed Countries ◽  
Economic Order ◽  
Global Trade ◽  
Global North ◽  
The Developed Countries ◽  
Bretton Woods Institutions

This chapter addresses the intersection of international law and international politics as it relates to global trade. To study global economic governance is to study international law, international relations, and international political economy (IPE) all at once. The chapter begins with a brief introduction to IPE, a discipline which seeks to understand the workings of the global economy in its political context. It examines the relationship between economic globalization and state sovereignty, before turning to the construction of the postwar global economic order, with a focus on the Bretton Woods institutions. The postwar global economic order has often been described as ‘liberal’ by virtue of its underlying assumptions and the ideological convictions of its framers. Importantly, the postwar liberal order was built by, and for, the developed countries of the Global North-a fact that has informed critiques emanating from the developing countries of the Global South. The chapter then assesses global trade governance, analysing the structure, powers, and role of the World Trade Organization.

3 Between Stability and Change in the Law of the Sea Convention: Subsequent Practice, Treaty Modification, and Regime Interaction

2015 ◽  
Author(s):  
Buga Irina
Keyword(s):  
Final Section ◽  
Law Of The Sea ◽  
Stability And Change ◽  
International Environment ◽  
The Future ◽  
The Law ◽  
Do So

The UN Convention on the Law of the Sea (LOSC) contains both explicit and implicit mechanisms to deal with the changing international environment. Subsequent practice has had a significant impact on the development of the LOSC framework and will continue to do so in the future. This chapter begins by describing the process of modification by subsequent practice in general. It then explores examples of modification in the LOSC and looks at the role of subsequent practice in the process of regime interaction between the law of the sea and other regimes. It examines alternative mechanisms that facilitate informal adaptation and regime interaction in the LOSC, therefore reducing the need for modification by subsequent practice. The final section draws some conclusions regarding the evolution of the LOSC.

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