The Emergence of Criminal Law Norms in International Organizations

2021 ◽  
pp. 84-100
Author(s):  
Frank Meyer

Frank Meyer’s historical focus is on the post-World War II period and the activities of the UN, Council of Europe, OECD and the EU in transnational crime control. Advocating an expansion of the scope of transnational criminal law to include a broad range of law-making processes, he provides a detailed multi-dimensional map of these processes, based on a linear model of inputs into the legal process, conversion of these inputs into legal content, and outputs.

2005 ◽  
Vol 35 (139) ◽  
pp. 247-266 ◽  
Author(s):  
Hans-Jürgen Bieling

Recent theoretical conceptions of imperialism may be useful correctives against idealising and harmonising views of international interdependency and co-operation. Analytically, however, they are not necessarily helpful. In terms of the EU, they do not really comprehend its particular international role. Despite improved financial and military capacities, the EU represents not yet an imperial power. Instead, it still pursues a rather hegemonic foreign policy approach due to internal economic restrictions, fragmented political sovereignty and the historical experiences of beneficial economic and political co-operation after World War II. Eventually, however, it remains an open question, whether the multilateralist, law-based and co-operative posture of the EU will prevail even under conditions of economic crisis and further military conflicts in the adjacent neighbourhood.


Author(s):  
Hanna Kuczyńska

This article deals with the model for prosecuting Nazi crimes committed in Poland in the light of the model presently used in international criminal law. It tries to answer the question: should the investigation of crimes of international law be handed over to transnational tribunals? Should they be hybrid tribunals involving a national factor, or completely supra-national tribunals like the International Criminal Court? Is it legitimate to transfer jurisdiction over these matters to national courts? The case of unpunished Nazi crimes in Poland may give a partial answer to this question. Certainly, various attempts made after World War II, including procedures brought before Polish courts, have contributed to understanding the function of international criminal law, and finding the answer to the question of the best model for prosecuting crimes of international law. At present, we also have the experience of international criminal tribunals, in particular the ICC, which is an efficient machine for prosecuting crimes of international law. Interesting conclusions can be drawn from its functioning that could improve the work of Institute of National Remembrance (IPN) prosecutors, and shed new light on the considerations regarding the prosecution of Nazi crimes in Poland after World War II.


1999 ◽  
Vol 24 (04) ◽  
pp. 777-806 ◽  
Author(s):  
Risa L. Goluboff

During World War II, young African Americans from southern cities left their homes for what appeared to be patriotic job opportunities harvesting sugar cane in Florida. When returning workers described peonage and slavery instead, parents worried about their children's safety. After attempting to contact their children directly, the parents appealed to the federal government. Their decision to mobilize the federal government and the strategies they used to do so reveal important aspects of wartime African American protest that historians have previously overlooked. This article focuses on families instead of atomized individuals, revealing the importance of families, neighborhoods, and communities to the emergence of rights consciousness. It also complicates the historiographical dichotomy between rights consciousness and patronage relationships. Patrons served as liaisons with law enforcement agencies and provided links to a law-centered rights consciousness. For many historians, until protest exits the realm of patronage ties, it is not really protest, and once interactions with government themselves become bureaucratized they cease to be protest any longer. The efforts of the peons' families challenge both ends of this narrow category of protest; they both used patronage relations to lodge their protests and also forged rights consciousness within the legal process itself.


World Affairs ◽  
2017 ◽  
Vol 180 (4) ◽  
pp. 25-46
Author(s):  
Eugene P. Trani ◽  
Donald E. Davis

American-Russian relations have been troubled from Lenin to Putin, from Wilson to Trump. Woodrow Wilson insisted that no one power should dominate Europe. This detailed analysis shows that Wilson was the first “Cold War Warrior,” and his “quarantine” policy toward Russia was the precursor of the policy the United States has generally followed toward Russia since the end of World War II. Wilson tried to avoid taking sides in the Bolshevik Revolution but finally was drawn into it from relentless Allied pressure. Yet he kept intervention minimal. Afterward, he quarantined communism until FDR recognized Russia and, later, allied with Stalin against Hitler. Truman and his successors renewed “quarantine,” calling it “containment.” With the USSR’s collapse, the shape and stability of Wilson’s Europe reappeared. The West has preserved that Europe through the EU, NATO, and sanctions against Putin’s restoring a Soviet sphere. America should now be clear, as Wilson once was, in supporting European security.


Federalism-E ◽  
1969 ◽  
Vol 16 (1) ◽  
pp. 16-21
Author(s):  
Eric Servais

The European Union (EU), a contested “European” political construct, is contemporarily positioned at a critical juncture that presents three options that may determine its status as a supranational actor: stagnation, dissolution, or deeper and wider integration. The myriad pressures antagonizing the European Union and its structural foundations parallel those that the project sought to address following World War II. The unprecedented level of devastation caused by advanced military technologies and totalitarian ideologies in the war provided the impetus for increased cooperation amongst independent nation-states. Institutional cooperation encourages the deconstruction of destructive socio-political forces including racism, nationalism, and primordial cultural identities. These essentialist forces emerge in the absence of effective governance and encourage internal and external hostilities. The EU is intended to provide a structural framework for liberal-democratic countries to make collective decisions to increase economic prosperity, freedom, security, and justice [...]


2011 ◽  
Vol 6 (1-2) ◽  
pp. 126-131
Author(s):  
Andrea Székely

The new borders of Hungary in 1920 cut cities and agglomerations inducing their fallback, but the new situation favoured the creation of new functional centers. The closed boundaries after World War II resulted the development of spatial structures inside the national borders. At the same time, in Western Europe border urban areas organic development started, and they shaped cross-border agglomerations. The soundest example is the French-Belgian Lille cross-border metropolis. After the political changes, the cross-border cooperation based on real common socio-economic interest has become possible in Hungary. This processus is encouraged by the EU through its regional (Interreg, Espon) and urban (Urban, Urbact) programs. The analysis of cross-border agglomerations may be one of the axes of the Hungarian regional researches in the near future.


2011 ◽  
Vol 41 (162) ◽  
pp. 69-82
Author(s):  
Werner Ruf

After World War II (West-)Germany was supposed to never again become a military Power. When it joined NATO all its troops had to be under the command of the alliance – but its contributions to NATO grew steadily. In the 2 + 4 treaty the united Germany pledged to never undertake any military aggression. With the Treaty of Masstricht the EU started to establish its own security policy. Germany’s active engagement in both alliances became its instrument for military emancipation. With growing military engagement of the EU (and Germany) -- especially in Africa -- as well as the predominant role of Germany in the EU and its engagement in the UN and NATO, the country is back on its way to becoming one of the big powers.


sjesr ◽  
2021 ◽  
Vol 4 (2) ◽  
pp. 160-166
Author(s):  
Mr. Saqib Ullah Khan ◽  
Ms. Sabira Iqbal ◽  
Mr. Atta Ullah Jan

Regionalism is a process of regional cooperation amongst the countries sharing a common border, common values, homogeneity of culture, and common vested interests. While the western world adopted this paradigm early after World War II in the form of the EU, South Asian Region is still deprived of such models. The establishment of SAARC in 1985 by the efforts of the late Bangladeshi President Zia-ur-Rahman although raised certain hopes of regional connectivity in South Asia still the fate of this region lingers in the sky. While using secondary sources of data collection, this paper tries to attempt the underlying challenges and the palpable prospects responsible for the better integration of this region. It further analyses the failed regional cooperation and the role of India under the assumption of the Neo-Realist Paradigm of Kenneth Waltz that emerged in late 1970.


Author(s):  
Per Anders Rudling

During the winter and spring of 2006, Denmark and Scandinavia faced its most serious crisis since World War II. The conflict started as a Danish newspaper published a number of cartoons, some of which portrayed the prophet Muhammad. After the Danish government rejected their requests to censor the media, Danish Islamists distributed these pictures to some senior political and religious figures in the Middle East and requested their support against Denmark. To these pictures, they added a number of more offensive images, never published in any Danish newspaper in order to infuriate Muslims around the world. Muslim clerics, assisted by the governments of Saudi Arabia, Syria and Iran caused the region to explode in protest and violent riots, in which 44 people were killed. Danish products were boycotted across the Muslim world; Scandinavian embassies were attacked and set ablaze in Syria, Iran, Lebanon and Indonesia. Islamists promised substantial rewards for anyone who would murder Danish and Norwegian peacekeepers, and Scandinavian UN forces were attacked in Palestine and Afghanistan. The Scandinavian countries and the EU are struggling to find a way to address the issue of radical Islam within their societies, and how to defend liberal democratic values from attacks from its enemies. This process may lead to a redefinition of values, a shift from multiculturalism to an embrace of the democratic western values upon which the European states are based.   Full text available at: https://doi.org/10.22215/rera.v2i3.174


Author(s):  
Harold Hongju Koh

This closing chapter argues that what is ultimately at stake is a struggle between the post–World War II system of Kantian global governance versus an Orwellian vision of spheres of influence supported by President Donald Trump and other global authoritarians. Thus far, history shows that various techniques of resistance can be marshaled to good effect. The foreign policy tally thus far shows that Trump has not been winning and that the rope-a-dope is working. The book closes by arguing that Trump does not own transnational legal process; we all do. But our understanding of transnational legal process carries with it a normative edge. It confers on all of us a continuing obligation to keep pushing the arc of history in the right direction.


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