scholarly journals Re-Reading Vitoria: Re-Conceptualising the Responsibility of Rebel Movements

2014 ◽  
Vol 83 (4) ◽  
pp. 357-403 ◽  
Author(s):  
Kathryn Greenman
Keyword(s):  
Cold War ◽  
International Law ◽  
Legal Framework ◽  
Management Model ◽  
International Organisations ◽  
Sovereign State ◽  
The Cold War ◽  
Francisco De Vitoria

This article begins with an analysis of the concept of responsibility elaborated in the jurisprudence of Francisco de Vitoria. It is argued that Vitoria’s concept of responsibility plays a central role in his construction of an international legal framework for the management of the Indians by the Spanish, a ‘management model’ which operated so as to legitimise Spanish administration of the colonised world and ultimately, to consolidate the emerging authority of the European sovereign state. In the second part of the article this re-reading of Vitoria forms the basis of reflection on present international law and practice regarding the responsibility of rebel movements. It is used to challenge the idea that the increased engagement with rebel movements by international organisations and legal scholars since the end of the Cold War is necessarily a liberalising and emancipatory move.

Part 1 The Cold War Era (1945–89), 32 The Intervention of the United States and other Eastern Caribbean States in Grenada—1983

2018 ◽  
Author(s):  
Hajjami Nabil
Keyword(s):  
United States ◽  
Cold War ◽  
International Law ◽  
Use Of Force ◽  
The United States ◽  
International Organisations ◽  
Caribbean Community ◽  
The Caribbean ◽  
Eastern Caribbean ◽  
The Cold War

This chapter examines the legality of the 1983 American-led intervention in Grenada. It recalls the positions of the main protagonists of the crisis, including international organisations such as the United Nations, the Caribbean Community and the Organisation of Eastern Caribbean States. It then analyses the justifications of the American administration, which are mainly based on three different grounds: the protection of citizens abroad; the activation of regional mechanisms and the intervention by invitation. The conclusion assesses the precedential value of the Operation Urgent Fury. Regarding its wide condemnation, the chapter argues that reactions to the American-led intervention in Grenada can finally be deemed as a strong reaffirmation of the prohibition of the use of force in international law.

On the Road to Vienna

2017 ◽  
Author(s):  
Kai Bruns
Keyword(s):  
Cold War ◽  
International Law ◽  
The Road ◽  
Progressive Development ◽  
History Of ◽  
On The Road ◽  
The Cold War ◽  
International Law Commission ◽  
Law Commission

This chapter focuses on the negotiations that preceded the 1961 Vienna Conference (which led to the conclusion of the VCDR). The author challenges the view that the successful codification was an obvious step and refers in this regard to a history of intense negotiation which spanned fifteen years. With particular reference to the International Law Commission (ILC), the chapter explores the difficult task faced by ILC members to strike a balance between the codification of existing practice and progressive development of diplomatic law. It reaches the finding that the ILC negotiations were crucial for the success of the Conference, but notes also that certain States supported a less-binding form of codification. The chapter also underlines the fact that many issues that had caused friction between the Cold War parties were settled during the preparatory meetings and remained largely untouched during the 1961 negotiations.

scholarly journals Acordos de Sokovia e os Limites do Poder: Capitão América e Reflexões Sobre o Papel da Superpotência no Sistema Internacional

2020 ◽  
Vol 9 (2) ◽  
pp. 434-456
Author(s):  
Liliane Klein Garcia
Keyword(s):  
Cold War ◽  
Civil War ◽  
International Relations ◽  
International System ◽  
International Relations Theory ◽  
American People ◽  
Sovereign State ◽  
Captain America ◽  
The Cold War

Ao observar o sistema unipolar que emergiu do final da Guerra Fria, é marcante o sentimento de insegurança geopolítica gerada pela existência de apenas uma superpotência global e as dúvidas da atuação do Estado soberano nessa conjuntura. Nesse paradigma, Capitão América: Guerra Civil é lançado com uma simbologia contestadora do papel do hegemon no sistema internacional. Com isso, inicialmente é exposto o enredo do filme, seguido das teorias liberal e realista das Relações Internacionais e da semiótica greimasiana. Com isso em vista, é feita a análise dos símbolos do longa-metragem e, por fim, se conclui que os autores do texto tinham como objetivo disseminar uma mensagem de união política entre os americanos.     Abstract: Observing the unipolar system emerging from the closure of the Cold War, is remarkable the sentiment of geopolitical insecurity generated by the existence of only one global superpower and the doubts about the role of the sovereign State in such system. In this paradigm, Captain America: Civil War is released with a contesting symbology about the role of the hegemon in the international system. Therefore, first it is exposed the movie plot, followed by the liberal and realist theories of international relations and the French semiotics. With this in mind, the symbols in the feature are analised and, in conclusion, it is stated that the authors wish to convey a message in bipartisan union amongst the American people. Keywords: International Relations Theory, Semiotics, Captain America.     Recebido em: setembro/2019. Aprovado em: maio/2020.

a declaration on friendly relations

2021 ◽  
pp. 147-184
Author(s):  
Gerry Simpson
Keyword(s):  
Cold War ◽  
International Law ◽  
Cuban Missile Crisis ◽  
John Adams ◽  
Fidel Castro ◽  
Nikita Khrushchev ◽  
Literary Figure ◽  
The Cold War

This chapter reconstructs, in a descriptive and aspirational mode, lawful friendship through an encounter between the literary figure of ‘the friend’ and an international law of friendly and unfriendly relations. It begins with a gesture of elegiac friendship before locating friendship in an international law of enemies, criminals, pirates and neutrals. It finishes by elaborating a politics of international legal friendship and makes a plea for a tentative, careful friendliness suggested by friendships found in Montaigne, Nietzsche and Derrida, and in three moments of friendship set in the Cold War: one literary (the depiction of friendship in John Adams’ opera, Nixon in China), one an unlikely performance of anti-imperial friendly relations (the friendship between Nehru and Tito, begun in Belgrade) and one epistolary (a letter sent by Nikita Khrushchev to Fidel Castro in the aftermath of the Cuban Missile Crisis). Each represents in its rudimentary way a ‘lawful friendship’, a declaration on friendly relations.

Reinterpretation or Contestation of International Law in Cyberspace?

2019 ◽  
Vol 52 (3) ◽  
pp. 295-326 ◽  
Author(s):  
François Delerue
Keyword(s):  
Cold War ◽  
United Nations ◽  
International Law ◽  
International Security ◽  
Comprehensive Analysis ◽  
Cyber Threats ◽  
The Third ◽  
Key Points ◽  
The Cold War

Since the end of the Cold War, international law has increasingly been challenged by states and other actors. Specific norms have also been challenged in their application by new realities and obstacles. This article focuses on these challenges as they arise from the development of cyberspace and cyber operations, and offers an overview of the main questions arising with regard to the application of international law to cyber operations. By analysing the application of the existing norms of international law to cyber operations as well as identifying their limits, the article offers an accurate lens through which to study the contestation or process of reinterpretation of some norms of international law. The objective of the article is not to deliver a comprehensive analysis of how the norms of international law apply to cyber operations but to provide an overview of the key points and issues linked to the applicability and application of the norms as well as elements of contextualisation, notably after the failure of the 2016–17 United Nations Group of Governmental Experts on Developments in the Field of Information and Telecommunications in the Context of International Security. The article comprises three parts. The first part focuses on the applicability of international law to cyber operations. The second part identifies challenges that affect the applicability and application of international law in general, while the third part analyses challenges that affect specific norms of international law, highlighting their limits in dealing with cyber threats.

International Law and Transnational Organised Crime

2016 ◽  
Keyword(s):  
Cold War ◽  
International Law ◽  
Organized Crime ◽  
Armed Conflict ◽  
Practical Importance ◽  
Organised Crime ◽  
Transnational Organized Crime ◽  
Law Of Armed Conflict ◽  
High Level ◽  
The Cold War

Since the end of the Cold War, states have become increasingly engaged in the suppression of transnational organised crime. The existence of the UN Convention Against Transnational Organised Crime and its Protocols demonstrates the necessity to comprehend this subject in a systematic way. Synthesizing the various sources of law that form this area of growing academic and practical importance, this book provides readers with a thorough understanding of the key concepts and legal instruments in international law governing transnational organized crime. The volume analyses transnational organised crime in consideration of the most relevant subareas of international law, such as international human rights and the law of armed conflict. Written by internationally recognized scholars in international and criminal law as well as respected high-level practitioners, this book is a useful tool for lawyers, public agents, and academics seeking straightforward and comprehensive access to a complex and significant topic.

Part 1 The Cold War Era (1945–89), 26 The US Hostage Rescue Operation in Iran—1980

2018 ◽  
Author(s):  
Forteau Mathias ◽  
Ying Xiu Alison See
Keyword(s):  
Cold War ◽  
International Law ◽  
International Organizations ◽  
Present Contribution ◽  
Rescue Operation ◽  
Customary International Law ◽  
Self Help ◽  
The Us ◽  
Cold War Era ◽  
The Cold War

The present contribution discusses the US hostage recuse operation in Iran in 1980. After the presentation of the relevant facts and context of the (eventually aborted) operation, including the official positions of the US and Iran as publicly expressed at that time, the present contribution assesses the legality of the operation, taking into account the reactions of other states and competent international organizations. The legality of the operation is assessed under Article 2(4) and 51 of the UN Charter and other possible exceptions under customary international law such as self-help. It concludes that it is doubtful that the operation was in conformity with international law.

The Evolving Nature of the Jurisdiction of the Security Council

2019 ◽  
pp. 480-503
Author(s):  
Georg Kerschischnig ◽  
Blanca Montejo
Keyword(s):  
Cold War ◽  
Civil Society ◽  
Security Council ◽  
International Security ◽  
Legal Framework ◽  
Member States ◽  
International Jurisdiction ◽  
Rules Of Procedure ◽  
The Cold War ◽  
The Way

This chapter studies the original conception of the Security Council’s jurisdiction and contrasts it with the way its jurisdiction has developed and expanded in practice since the end of the Cold War. The Security Council’s jurisdiction—which is principally political and informed primarily by political rather than legal considerations—rests on a limited legal framework consisting of provisions in the UN Charter and of the Council’s own provisional rules of procedure. Nevertheless, the Security Council’s jurisdiction has expanded considerably since the end of the Cold War and has expanded into areas beyond international security. One notable area in which the Council’s competence has increased in this period is that of sanctions. These jurisdiction-related developments in the Council’s practice reflect a world in which the line between national and international jurisdiction are no longer clear or desirable. At the same time, the Council has also increased its interaction with UN Member States and with civil society.

Part 1 The Cold War Era (1945–89), 13 The Intervention in Czechoslovakia—1968

2018 ◽  
Author(s):  
Hafner Gerhard
Keyword(s):  
Cold War ◽  
Soviet Union ◽  
International Law ◽  
Political System ◽  
The Political ◽  
Leading Role ◽  
The Soviet Union ◽  
Valid Consent ◽  
The Cold War

This contribution discusses the intervention of five member states of the Warsaw Pact Organization under the leading role of the Soviet Union in the CSSR in August 1968, which terminated the “Prague Spring” in a forceful manner. After presenting the facts of this intervention and its reasons, it describes the legal positions of the protagonists of this intervention as well as that of the states condemning it, as presented in particular in the Security Council. It then examines the legality of this intervention against general international law and the particular views of the Soviet doctrine existing at that time, defending some sort of socialist (regional) international law. This case stresses the requirement of valid consent for the presence of foreign troops in a country and denies the legality of any justification solely based on the necessity to maintain the political system within a state.

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