General Conclusion

2018 ◽  
Author(s):  
Tilman Rodenhäuser
Keyword(s):  
International Law ◽  
Second Step ◽  
Armed Groups ◽  
The Past ◽  
Legal Obligations ◽  
Similarities And Differences ◽  
State Actors

The book’s general conclusion summarizes the different thresholds of organization, power, or capacity required from armed groups as identified in the book’s three parts. It presents them in two concise and innovative tables. In a second step, the conclusion compares the different thresholds in order to identify similarities and differences. Comparing how the different fields of law have addressed armed groups over the past years and decades, and which challenges different fields have faced, the general conclusion also makes suggestions on how international law should further develop in order to better address the very different natures and capacities of armed groups. Moreover, it discusses how the conclusions drawn in this book might be relevant in the analysis of possible legal obligations of other non-state actors.

Human Rights Obligations of Armed Groups

2019 ◽  
pp. 444-462
Author(s):  
Andreas Th Müller
Keyword(s):  
Human Rights ◽  
Potential Application ◽  
Armed Conflicts ◽  
Human Rights Law ◽  
Armed Groups ◽  
The Past ◽  
Legal Obligations ◽  
Human Rights Treaties ◽  
Recent Developments ◽  
State Actors

One of the asymmetries faced by military missions in areas of limited statehood are diverging legal obligations of state and non-state actors, in particular in relation to human rights duties. From a perspective of states bound by human rights treaties, there is a certain danger that armed groups opposing them might abuse the obligations incumbent upon state actors. Against this perception, the potential application of human rights law to armed groups is not only relevant as a tool for protecting civilians but also from a reciprocity perspective in view of the fluidity of armed conflicts and with a view to convergence of standards. The chapter assesses how international law and international legal practice in relation to armed groups have evolved over the past decade. It takes stock of recent developments and analyses the degree to which human rights obligations apply to armed groups.

Equity in Arbitration and in Judicial Settlement of Disputes

1993 ◽  
Vol 6 (2) ◽  
pp. 323-329 ◽  
Author(s):  
Judge Manfred Lachs
Keyword(s):  
International Law ◽  
General Assembly ◽  
Type I ◽  
International Courts ◽  
The Past ◽  
Un General Assembly ◽  
Similarities And Differences ◽  
Settlement Of Disputes ◽  
Recommended Action

Much has been written on the similarities and differences between arbitration tribunals and international courts; much more could and will certainly be written in the future. The purpose of my comments is to define similarities and differences in regard to the role of equity in both. However, I hope to enter the caveat at the very outset that in this paper I will focus solely on the role of equity in cases where the decision is to be based on international law. Accordingly, I will not here discuss cases of the type I had in mind when I pointed out in a speech delivered 34 years ago to the Legal Committee of the UN General Assembly that “[t]he arbitral solution has been applied in the past to a variety of problems, some of which were not judicial in character and did not raise issues of law”. Nor will I now discuss arbitrations in which the parties have agreed that the arbitrators need not be guided by law, or where the arbitral tribunal is expressly authorized by the parties to decide ex aequo et bono and thereby to settle the matter in a liberal spirit without regard to legal requirements and technicalities. Thus, cases in which the arbitrators have been empowered to seek mutual accommodations that would give offense to neither party are outside the scope of this discussion, as are cases where arbitrators recommended action by one of the parties as an act of grace.

Armed Groups and Customary International Human Rights Law

2017 ◽  
Author(s):  
Katharine Fortin
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Armed Groups ◽  
International Human Rights ◽  
Customary International Law ◽  
Legal Obligations ◽  
International Human

Chapter 11 analyses arguments that armed groups are bound by human rights law by virtue of customary international law. In doing so, the chapter draws together theories that have been explored in Chapters 7 and 9 about the relevance of territory to the acquisition of legal obligations. The chapter starts by examining the debates about how customary international human rights law binding upon armed groups should be constituted, finding that it will be formed through State practice and opinio juris. It ends by examining different articulations of the theory that armed groups are bound by customary international law by accountability mechanisms, evaluating their credence and making suggestions for their improvement.

Monitoring armed non-state actor compliance with humanitarian norms: a look at international mechanisms and the Geneva Call Deed of Commitment

2011 ◽  
Vol 93 (883) ◽  
pp. 673-706 ◽  
Author(s):  
Pascal Bongard ◽  
Jonathan Somer
Keyword(s):  
International Law ◽  
Armed Conflicts ◽  
Governmental Organization ◽  
The Past ◽  
State Actor ◽  
State Actors ◽  
Internal Armed Conflicts ◽  
Multilateral Treaties

AbstractArmed non-state actors are involved in most armed conflicts today, yet international law provides few mechanisms to ensure that they comply with humanitarian norms applicable to them. In particular, monitoring and verification mechanisms that address the conduct of armed non-state actors rarely appear in multilateral treaties, and, even when they do, are weak and not applied in practice. Over the past few years, a number of alternative mechanisms have been developed to better monitor respect of humanitarian norms during internal armed conflicts and verify allegations of violations. This article examines the strength of these various mechanisms and then focuses on the Deed of Commitment, an innovative instrument developed by the Swiss-based non-governmental organization Geneva Call, to hold armed non-state actors accountable. Experience with the Deed of Commitment on the prohibition of anti-personnel mines shows that these alternative mechanisms can be effective in ensuring better compliance with at least some humanitarian norms.

Immunity of International Organizations in Post-conflict International Administrations

2010 ◽  
Vol 7 (1) ◽  
pp. 79-119 ◽  
Author(s):  
Eric De Brabandere
Keyword(s):  
International Law ◽  
International Organizations ◽  
International Organization ◽  
Effective Alternative ◽  
Institutional Autonomy ◽  
The Past ◽  
Post Conflict ◽  
Legal Obligations

AbstractThe role played by international organizations in international law has evolved in the past decades. However, the continued application of an absolute system of immunities to international organizations has often led to a perception of impunity, in particular when organizations are involved in the administrations of foreign territories. Even though absolute immunity has been described as an 'anachronism', this article argues that international organization immunity serves a useful and essential purpose. The grant of privileges and immunities to international organizations is indispensable to allow the organization to effectively and independently carry out its functions. The functional reflections that lie at the basis of the immunities system of international organizations still are extremely pertinent when organizations exercise administrative duties in place of a state. This articles thus claims that there is a need to maintain immunities in order to preserve institutional autonomy, even when the UN or another international organization has taken up administrative duties in a state or territory, and suggests that, instead of proposing a revision or abolition of the system of immunities, the focus should be placed on the establishment of effective alternative mechanisms to assess alleged violations of the international legal obligations of the organization.

Focusing on Armed Non-State Actors

2014 ◽  
Author(s):  
Andrew Clapham
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Traditional Approach ◽  
Codes Of Conduct ◽  
Armed Groups ◽  
Underlying Causes ◽  
State Actors

This chapter examines the role and obligations of armed non-state actors in armed conflict. It suggests that the traditional approach of international law which excludes armed non-state actors from its list of suitable subjects is not helpful in protecting innocent victims and creates the impression that armed groups inhabit a lawless world. It proposes a number of options that can be considered when addressing violations of international law committed by armed non-state actors. These include encouraging codes of conduct and deeds of commitment, imposition of sanctions and criminal accountability, and launching initiatives aimed at the underlying causes of the conflict

Soziale Disziplinierung im flexiblen Kapitalismus

2004 ◽  
Vol 34 (136) ◽  
pp. 339-356
Author(s):  
Tobias Wölfle ◽  
Oliver Schöller
Keyword(s):  
Social Welfare ◽  
Second Step ◽  
Social Rights ◽  
Federal Law ◽  
Capitalist Development ◽  
The Core ◽  
The Past ◽  
The Impact ◽  
Municipal Level

Under the term “Hilfe zur Arbeit” (aid for work) the federal law of social welfare subsumes all kinds of labour disciplining instruments. First, the paper shows the historical connection of welfare and labour disciplining mechanisms in the context of different periods within capitalist development. In a second step, against the background of historical experiences, we will analyse the trends of “Hilfe zur Arbeit” during the past two decades. It will be shown that by the rise of unemployment, the impact of labour disciplining aspects of “Hilfe zur Arbeit” has increased both on the federal and on the municipal level. For this reason the leverage of the liberal paradigm would take place even in the core of social rights.

New forms of intra-European migration, labour market dynamics and social inequality in Europe

2014 ◽  
Vol 11 (2) ◽  
pp. 125-136 ◽  
Author(s):  
Roland Verwiebe ◽  
Laura Wiesböck ◽  
Roland Teitzer
Keyword(s):  
Labour Market ◽  
Social Inequality ◽  
Social Stratification ◽  
Labour Markets ◽  
Second Step ◽  
Market Dynamics ◽  
Migration Patterns ◽  
European Continent ◽  
The Past ◽  
European Migration

This article deals mainly with new forms of Intra-European migration, processes of integration and inequality, and the dynamics of emerging transnational labour markets in Europe. We discuss these issues against the background of fundamental changes which have been taking place on the European continent over the past two decades. Drawing on available comparative European data, we examine, in a first step, whether the changes in intra-European migration patterns have been accompanied by a differentiation of the causes of migration. In a second step, we discuss the extent to which new forms of transnational labour markets have been emerging within Europe and their effects on systems of social stratification.

Lot's Offer of his Daughters to his People in the Torah and the Qur'an: A Comparative Study in Two Parts (Part One)

2016 ◽  
Vol 18 (3) ◽  
pp. 161-224
Author(s):  
ʿĀʾiḍ B. Sad Al-Dawsarī
Keyword(s):  
Comparative Study ◽  
Comparative Studies ◽  
The Third ◽  
The Past ◽  
The Status ◽  
Moral Problems ◽  
Moral Dimensions ◽  
Similarities And Differences

The story of Lot is one of many shared by the Qur'an and the Torah, and Lot's offer of his two daughters to his people is presented in a similar way in the two books. This article compares the status of Lot in the Qur'an and Torah, and explores the moral dimensions of his character, and what scholars of the two religions make of this story. The significance of the episodes in which Lot offers his daughters to his people lies in the similarities and differences of the accounts given in the two books and the fact that, in both the past and the present, this story has presented moral problems and criticism has been leveled at Lot. Context is crucial in understanding this story, and exploration of the ways in which Lot and his people are presented is also useful in terms of comparative studies of the two scriptures. This article is divided into three sections: the first explores the depiction of Lot in the two texts, the second explores his moral limitations, and the third discusses the interpretations of various exegetes and scholars of the two books. Although there are similarities between the Qur'anic and Talmudic accounts of this episode, it is read differently by scholars from the two religions because of the different contexts of the respective accounts.

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