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.

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 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.

Eternity in a Global Context

2021 ◽  
pp. 169-203
Author(s):  
Silvia Suteu
Keyword(s):  
International Law ◽  
Constitutional Amendment ◽  
Regional Organizations ◽  
International Courts ◽  
Global Context ◽  
National Courts ◽  
Transnational Engagement ◽  
The Impact ◽  
Global Values ◽  
Constitution Making

This chapter analyses eternity clauses in a transnational context, as part of the story of the internationalized nature of constitution-making processes and the growing diffusion of global values in democratic constitutionalism. It explains this diffusion along two axes: the internationalization of constitutional authorship and the rise of international and regional organizations as constitutional norm entrepreneurs. The chapter also describes the adjudication of unamendability as transnationally embedded, which takes the form of national courts that rely on international law or a transnational referent when developing unconstitutional constitutional amendment doctrines. It also explores the possibility of international courts developing supranational forms of unconstitutional constitutional amendment doctrines. This chapter raises awareness about the impact of the transnational on the content and authorship of eternity clauses, but also cautions against assuming positive transnational engagement in the adjudication of unamendability. The chapter highlights the mounting backlash against universalistic values and international law as anchors to ground and orient unconstitutional constitutional amendment doctrines.

3. Locating law in the international system

2021 ◽  
pp. 48-68
Author(s):  
Nicole Scicluna
Keyword(s):  
International Law ◽  
International System ◽  
The Body ◽  
Customary International Law ◽  
Legal Rules ◽  
System P ◽  
The Relationship ◽  
Domestic Law ◽  
Domestic Level ◽  
Law Making

This chapter examines the sources of international law. International legal rules are not as easily located as their domestic law counterparts. Whereas at the domestic level, only a relatively small number of bodies are endowed with law-making powers, at the international level, all states have law-making capacity. Moreover, state acts are not the only source of international legal rules. The result is a mosaic of law-making processes, forums, and regimes. The chapter focuses on the two most significant sources of international law: treaties and customary international law. It then turns to the relationship between international law-making and the principle of state sovereignty. Finally, the chapter considers the body of non-binding norms, which increasingly permeates and regulates all facets of international life. This so-called soft law takes many forms; it is often highly influential in its own right and may harden into binding law over time.

scholarly journals The Struggle of Indigenous Peoples to Maintain Their Spirituality in Latin America: Freedom of and from Religion(s), and Other Threats

Religions ◽  
2021 ◽  
Vol 12 (10) ◽  
pp. 869
Author(s):  
Alexandra Tomaselli ◽  
Alexandra Xanthaki
Keyword(s):  
Latin America ◽  
International Law ◽  
Indigenous Peoples ◽  
Latin American ◽  
International System ◽  
Indigenous Rights ◽  
Daily Basis ◽  
Implementation Gap ◽  
American States ◽  
Indigenous Religions

This article argues that the (Western-oriented) right to religion has been proven inadequate in protecting Indigenous Peoples’ rights. It recognizes that this is partly because of the distinctive characteristics of Indigenous religions, which differ from other dominant religions, but also because of the way in which religion has been used by colonialism with dramatic effects on Indigenous Peoples and their beliefs, spiritualities, and worldviews. The article focuses on Latin America to argue further that in addition to colonialism, the early Constitutions also attacked Indigenous religions. As Indigenous rights are more acknowledged in Latin America, we take this region as an excellent, albeit painful, example of how Indigenous religions have been pushed aside even in the most positive contexts. The article uses the constitutional and legal arrangements in Latin American states, mainly Ecuador and Bolivia, to critically assess the protection that these favorable to Indigenous Peoples legal systems’ guarantee to Indigenous rights despite a persistent implementation gap. Also, this article highlights the weaknesses of the international system in mitigating the manifold threats that Indigenous Peoples have to face on a daily basis in their struggle to maintain and transmit their religions and spirituality, including the assault of other religions and sects into their communities and the so-called neo-extractivism. The article finally draws some concluding remarks and recommendations on how to improve the freedom of and violations from religion(s) of Indigenous Peoples in the context of Latin America as well as international law more broadly.

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.

Explanation of Neorealism Theory of International Actors: An Applied Study on Selected Models)

2020 ◽  
pp. 3
Author(s):  
Anwar Mohammed Faraj Mahmood ◽  
Bakhan Ako Najmalddin
Keyword(s):  
International Relations ◽  
International Law ◽  
North Atlantic ◽  
International System ◽  
The European Union ◽  
Essential Characteristic ◽  
Regional Organizations ◽  
World Government ◽  
Applied Study ◽  
Classical Realism

The field of international relations has been assessed through diverse theoretical framework including realism. Classical realism has been reformed by neorealists for analyzing current actors and interactions in international relations. For neorealists, the most essential characteristic of the international arena is anarchy, which they argue exists because the international system lacks a world government with the capability of making and imposing international law, which in turn makes cooperating among states difficult. Then, competition and conflict can never be avoided in such situation. Thus, states must eventually guarantee their own survival and security.   Neorealists describe states as the main actors in international relations and they have a negative view about non-state actors, in particular international and regional organizations; they state that organizations have no capacity to control a states' attitude or to prevent war or at least minimize anarchy in the international politics. Moreover, neorealists emphasize that organizations are ineffective because the agendas they set tend to be controlled by the superpower states, and they are in fact tools for increasing superpower influence. Neorealists support their argument by highlighting many case studies such as the United Nations, the European Union, North Atlantic Treaty Organization, and World Trade Organization.

The New Terrain of International Law

2014 ◽  
Author(s):  
Karen J. Alter
Keyword(s):  
International Law ◽  
Case Studies ◽  
Domestic Politics ◽  
Political Influence ◽  
The Political ◽  
International Courts ◽  
Constitutional Review ◽  
Delegation Of Authority ◽  
The World ◽  
The Law

In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. This book charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The book presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, the book argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. The book explains how this limited power—the power to speak the law—translates into political influence, and it considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.

Sign in / Sign up

Export Citation Format

Share Document