Counterterrorism and International Law

2019 ◽  
pp. 658-676
Author(s):  
Andrea Bianchi
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Paradigm Shift ◽  
Holistic Approach ◽  
International Community ◽  
The Other ◽  
International Terrorism ◽  
Institutional Policies ◽  
The Rule Of Law

This chapter is an attempt at assessing the overall response provided by the international community, and the main normative strategies pursued by international law in countering international terrorism. To find concrete ways in which the coordination of norms and institutional policies can lead to the implementation of an effective holistic approach to fighting terrorism is the challenge lying ahead for the international community. The chapter argues that respect for human rights and the rule of law may play a central role in this process, by contributing to its legitimacy and increasing its chances of efficacy and stability in the long term. The other new challenge and the real paradigm shift, particularly at times of increasing terrorist violence, lies in thinking of counterterrorism as a precondition for economic growth and sustainable development.

Towards a holistic approach, in international practice, to the design and implementation of initiatives to promote the rule of law at the national level

2015 ◽  
Vol 11 (1) ◽  
pp. 78-91 ◽  
Author(s):  
Juan Carlos Ochoa S.
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
National Level ◽  
Holistic Approach ◽  
International Community ◽  
Cultural Norms ◽  
Conceptual Approach ◽  
Political Issues ◽  
The Rule Of Law ◽  
Design And Implementation

AbstractThis paper reflects on the conceptual approach adopted, in international practice, to the design and implementation of initiatives to promote the rule of law at the national level. It pays particular attention to the understanding, in international practice, of the relationship between the rule of law, democracy, human rights and development. It does so by looking especially at the practice of the UN, and taking into account many empirical and theoretical studies. After first examining the predominant paradigm in the rule of law field adopted by the international community until 2010, and the evolution of international practice thereafter, it concludes that the observance of the rule of law in a given country is determined by political and economic structures, cultural norms, institutions and laws. On this basis, and acknowledging the critical importance of the adopted concepts of rule of law, democracy and human rights, it finds the increasing recognition by the UN of the mutually reinforcing impact of these notions as adequate. This approach allows greater attention to be paid to several socio-economic and political issues that significantly affect the observance of the rule of law in many developing countries, the main recipients of the work of the international community in this field. Based on these findings, it indicates areas for reform.

“The Rights and Obligations of Parties to International Armed Conflicts”

2018 ◽  
Author(s):  
Janina Dill
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
International Community ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The Rule Of Law ◽  
Community Interest ◽  
The Individual

This chapter argues that the process commonly described as the development of international law “from bilateralism to community interest” should be dis-aggregated into its formal, procedural, and substantive dimensions. A move away from formal and procedural bilateralism is always a move towards community interest because it furthers the rule of law. In contrast, a move away from formal/procedural bilateralism does not guarantee a better protection of the community’s substantive interests. International humanitarian law is a trailblazer of procedural and formal progress, yet a slacker in the substantive move toward what is commonly taken to be community interest: protecting the individual. The chapter further shows that alongside protecting the individual, the international community has a second competing substantive interest in the regulation of warfare: preserving military efficacy. International humanitarian law’s development highlights that progress in international law is more complex than the phrase “from bilateralism to community interest” suggests .

International Organization and the Rule of Law

1969 ◽  
Vol 23 (3) ◽  
pp. 656-682 ◽  
Author(s):  
Louis Henkin
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
International Organization ◽  
The Other ◽  
The Rule Of Law ◽  
Other Hand ◽  
Common Interests ◽  
Laissez Faire

“International-Law-and-Organization” has become a hyphenated conception but the implied interrelations are assumed rather than explored. All international organization, of course, may be seen as an aspect of law partaking of its forms and sharing its purposes. Law and organization have in common that, in both, nations eschew laissez-faire and “going it alone” and identify and prefer common interests. Often, on the other hand, one thinks of international organization in contradistinction to law as making different promises, suffering different limitations, evoking different loyalties.

scholarly journals The Blizzard of the World: COVID-19 and the Last Say of the State of Exception

2021 ◽  
Vol 96 ◽  
pp. 17-32
Author(s):  
Przemysław Tacik
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Inner Core ◽  
Civil Liberties ◽  
Legal Framework ◽  
International Community ◽  
The State ◽  
State Of Exception ◽  
The Rule Of Law ◽  
The World

The paper aims to grasp the COVID-19 pandemic as a socio-political catastrophe in the Benjaminian sense. As argued in the article, the scope and nature of the COVID-19 crisis eludes us due to our closeness to its inner core. What is obfuscated in this moment is the politico-legal framework on which the international community is based, where sovereignty and turbocapitalism join their forces to produce biopolitical devices. The paper looks into uses of the state of exception in particular countries, concluding that the rule of law in the pandemic was generally put on the back burner even by the countries that officially praise it. Sovereignty clearly returned to the stage, undermining parliamentarism and civil liberties in the sake of necessity. International law remained incapable of addressing this return, let alone of enforcing responsibility of China for infringing WHO rules. As a conclusion the paper argues that COVID-19 opened new-old paths of governing the living that will play a planetary role in the future fights for dominance and imposing a new face of capitalism.

Cardinal Richelieu between Vattel and Machiavelli

2018 ◽  
Author(s):  
Anthony Carty
Keyword(s):  
Seventeenth Century ◽  
International Law ◽  
Rule Of Law ◽  
Natural Law ◽  
Historical Research ◽  
Practical Implementation ◽  
The Rule Of Law ◽  
God's Will ◽  
Legal Thought ◽  
Rule Of Reason

The view that no form of international law existed in seventeenth-century France, and that this time was a part of ‘prehistory’, and thus irrelevant for international legal thought today is challenged. In addition, the traditional claim of Richelieu to be an admirer of Machiavelli and his Ragion di Stato doctrine to the detriment of the aim of concluding treaties and keeping them (as sacred), is refuted by careful historical research. In Richelieu’s thinking, there is a role for law to play but it is law as justice, law in the classical natural law tradition. Those who rule are subject to the rule of law as justice, the rule of God, or the rule of reason. In Richelieu’s world, kings and ministers are rational instruments of the practical implementation of God’s will on earth.

Open Access Order and Interconnected Institutions in Brazil: A Challenge

2019 ◽  
Vol 12 (1) ◽  
pp. 1-40
Author(s):  
Guanghua Yu
Keyword(s):  
Open Access ◽  
Rule Of Law ◽  
Political Representation ◽  
Political Organizations ◽  
Historical Evidence ◽  
The Rule Of Law ◽  
Rights Protection ◽  
Economic Organizations ◽  
Property Rights Protection

AbstractThis article examines the evolution of democratic practice in Brazil. The article begins with a discussion on the country’s performance in terms of social equality, violence, and weak economy after the consolidation of democracy in 1985. Based on historical evidence, the article offers explanations concerning the weak performance in Brazil. The case of Brazil provides a challenge to the theory of open access order of North and his colleagues in the sense that open access to political organizations and activities does not necessarily lead to either better political representation or better economic performance. The case of Brazil also shows that open access to economic organizations and activities in the absence of the necessary institutions in the areas of property rights protection and contract enforcement, the financial market, the rule of law, and human resources accumulation does not lead to long-term economic growth.

International ethics and international law

1992 ◽  
Vol 18 (1) ◽  
pp. 19-30 ◽  
Author(s):  
Terry Nardin
Keyword(s):  
International Relations ◽  
International Law ◽  
Rule Of Law ◽  
International Affairs ◽  
International Ethics ◽  
The Rule Of Law ◽  
Ethical Significance

In this paper I am going to argue a familiar but still controversial thesis about the relation between international ethics and international law, which I would sum up in the following list of propositions:First, international law is a source as well as an object of ethical judgements. The idea of legality or the rule of law is an ethical one, and international law has ethical significance because it gives institutional expression to the rule of law in international relations.Secondly, international law—or, more precisely, the idea of the rule of law in international relations—reflects a rule-oriented rather than outcome-oriented ethic of international affairs. By insisting on the priority of rules over outcomes, this ethic rejects consequentialism in all its forms.

The Involvement of UN in Palestine and the Possibility of a Global Protection Force

2021 ◽  
pp. 105-112
Author(s):  
Kainat Kamal
Keyword(s):  
Human Rights ◽  
International Law ◽  
Rule Of Law ◽  
The Rule Of Law ◽  
Peacekeeping Operations ◽  
Security Environment ◽  
Sustainable Peace ◽  
Un Peacekeeping ◽  
Peace And Security ◽  
Peacekeeping Missions

The United Nations (UN) peacekeeping missions are mandated to help nations torn by conflict and create conditions for sustainable peace. These peacekeeping operations hold legitimacy under international law and the ability to deploy troops to advance multidimensional domains. Peacekeeping operations are called upon to maintain peace and security, promote human rights, assist in restoring the rule of law, and help conflict-prone areas create conditions for sustainable peace ("What is Peacekeeping", n.d.). These missions are formed and mandated according to individual cases. The evolution of the global security environment and developing situations in conflictridden areas requires these missions to transform from 'traditional' to 'robust' to 'hybrid', accordingly (e.g., Ishaque, 2021). So why is it that no such model can be seen in restoring peace and protection of Palestinian civilians in one of the most protracted and deadly conflicts in history?

Sign in / Sign up

Export Citation Format

Share Document