The Administration of Arms Control: Ensuring Accountability and Legitimacy of Field Operations

2009 ◽  
Vol 6 (2) ◽  
pp. 627-653
Author(s):  
Axel Marschik
Keyword(s):  
Civil Society ◽  
International Law ◽  
Legal System ◽  
Arms Control ◽  
Administrative Law ◽  
Basic Principles ◽  
Field Operation ◽  
The Many ◽  
The Relationship

AbstractInternational arms control operations are based on a foundation of global programs and instruments. An analysis of these operations gives an indication of the many challenges they face in practice and what administrative means have been developed to address them. Special attention is devoted to the secondary norms of accountability and to the relationship between the internal legal system of the field operation, often conceived as a largely autonomous self-contained regime, and the legal system of its higher authority and general international law. Finally, the increasingly relevant participatory role of civil society in arms control and its conformity with basic principles of international administrative law will also be examined.

Civil Society in Argentina: Opportunities and Challenges for National and Transnational Organisation

2005 ◽  
Vol 37 (1) ◽  
pp. 141-172 ◽  
Author(s):  
JAMIE ELIZABETH JACOBS ◽  
MARTÍN MALDONADO
Keyword(s):  
Civil Society ◽  
Regional Cooperation ◽  
Third Sector ◽  
The State ◽  
Power Relationships ◽  
The Difference ◽  
Potential Channels ◽  
The Many ◽  
The Relationship

Among the many consequences of globalisation is the creation of new political spaces. As these emerge, new or redefined power relationships accompany the process. In the course of creating transnational relationships, citizenship, representation and the role of the stakeholders may be redefined. This article focuses on the case of Argentina and on the role of civil society orgnisations (CSOs) in the process of political integration. The relationship between the state and civil society has sparked a debate about the core status of the political system as the third sector assumes roles traditionally belonging exclusively to the state. This raises issues regarding the difference between rights and services, the sources of legitimacy and efforts to enhance accountability, among others. The existing and potential channels of regional cooperation in the context of Mercosur illustrate the interplay between domestic, regional and global norms and institutions. This article emphasises the role of organised civil society in providing sense and meaning in the formation and awareness of supranational concerns, but is sceptical about its possibilities of providing and guaranteeing rights, tasks that still remain in the sphere of the state.

The Role of Academics in the Legal System

2005 ◽  
Author(s):  
William Twining ◽  
Ward Farnsworth ◽  
Stefan Vogenauer ◽  
Tesón Fernando
Keyword(s):  
United Kingdom ◽  
International Law ◽  
Legal System ◽  
Civil Law ◽  
Legal Scholarship ◽  
The United Kingdom ◽  
System P ◽  
The Relationship

This article considers the ways in which legal scholars relate to and participate in practical legal affairs. The discussion covers audiences and influence of legal scholars in the United Kingdom; the relationship between the American legal academy and the institutions; civil law systems; the nature of international legal scholarship; and the influence of international legal scholars on international law.

4. States as the Primary Subjects of International Law

2020 ◽  
pp. 79-91
Author(s):  
Paola Gaeta ◽  
Jorge E. Viñuales ◽  
Salvatore Zappalà
Keyword(s):  
International Law ◽  
Legal System ◽  
Legal Aspects ◽  
The State ◽  
Legal Rules ◽  
State Action ◽  
Spatial Dimensions ◽  
International Legal System ◽  
The Many

This chapter focuses on the State as the primary subject of international law. It begins with a discussion of the continuing pre-eminence of States as pivotal subjects of the international legal system and then analyses the processes through which States are created; the role of recognition of States, particularly in the context of contested Statehood; the legal rules governing the continuity, succession, and extinction of States; and the evolving concept of sovereignty, which is a notion at the very core of what a State is. The chapter is intended to introduce the main legal aspects of ‘Statehood’, as a first step in the discussion of more advanced concepts in subsequent chapters, such as the State’s spatial dimensions, its immunities and those of State officials, and the many limitations imposed by international law on State action.

John Cranko's Antigone (1959): A Ballet Lost and Found

2015 ◽  
Vol 33 (1) ◽  
pp. 1-15
Author(s):  
Henrietta Bannerman
Keyword(s):  
World War Ii ◽  
Jean Racine ◽  
World War ◽  
Martha Graham ◽  
Detailed Consideration ◽  
Lost And Found ◽  
The Many ◽  
Tragic Drama ◽  
The Relationship

John Cranko's dramatic and theatrically powerful Antigone (1959) disappeared from the ballet repertory in 1966 and this essay calls for a reappraisal and restaging of the work for 21st century audiences. Created in a post-World War II environment, and in the wake of appearances in London by the Martha Graham Company and Jerome Robbins’ Ballets USA, I point to American influences in Cranko's choreography. However, the discussion of the Greek-themed Antigone involves detailed consideration of the relationship between the ballet and the ancient dramas which inspired it, especially as the programme notes accompanying performances emphasised its Sophoclean source but failed to recognise that Cranko mainly based his ballet on an early play by Jean Racine. As Antigone derives from tragic drama, the essay investigates catharsis, one of the many principles that Aristotle delineated in the Poetics. This well-known effect is produced by Greek tragedies but the critics of the era complained about its lack in Cranko's ballet – views which I challenge. There is also an investigation of the role of Antigone, both in the play and in the ballet, and since Cranko created the role for Svetlana Beriosova, I reflect on memories of Beriosova's interpretation supported by more recent viewings of Edmée Wood's 1959 film.

The Role of the Judiciary and Its Relationship to the Convention on the Rights of Persons with Disabilities

2018 ◽  
Author(s):  
Lisa Waddington
Keyword(s):  
Legal System ◽  
Amicus Curiae ◽  
Persons With Disabilities ◽  
Legal Duty ◽  
The Relationship ◽  
Do So

This chapter examines the role of the judiciary with regard to the Convention on the Rights of Persons with Disabilities (CRPD). It considers the relationship which the judiciary have or appear to perceive themselves as having with the CRPD and explores some of the factors seemingly prompting courts to refer to it. The first section reflects on: whether judges are able to choose to refer to the Convention or have a legal duty to do so; the significance of the fact that the CRPD is international law; and whether judges appear to see themselves merely as domestic actors, or as agents or trustees of the CRPD. The second section explores whether judges are referring to the CRPD in response to arguments raised before the court or doing so of their own volition. Also considered are the relevance of amicus curiae interventions; reasons for referral related to the domestic legal system; and the role of particularly engaged individuals.

The International Legal Personality of the Individual

2018 ◽  
Author(s):  
Astrid Kjeldgaard-Pedersen
Keyword(s):  
International Law ◽  
Legal Rights ◽  
Legal Personality ◽  
Legal Norms ◽  
State Of Affairs ◽  
The Individual ◽  
International Legal Personality ◽  
The Relationship ◽  
Second World

This book scrutinizes the relationship between the concept of international legal personality as a theoretical construct and the position of the individual as a matter of positive international law. By testing four main theoretical conceptions of international legal personality against historical and existing international legal norms that govern individuals, the book argues that the common narrative about the development of the role of the individual in international law is flawed. Contrary to conventional wisdom, international law did not apply to States alone until the Second World War, only to transform during the second half of the twentieth century to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is—and always was—solely contingent upon the interpretation of international legal norms. It follows, of course, that the entities governed by a particular norm tell us nothing about the legal system to which that norm belongs. Instead, the distinction between international and national legal norms turns exclusively on the nature of their respective sources. Against the background of these insights, the book shows how present-day international lawyers continue to allow an idea, which was never more than a scholarly invention of the nineteenth century, to influence the interpretation and application of contemporary international law. This state of affairs has significant real-world ramifications as international legal rights and obligations of individuals (and other non-State entities) are frequently applied more restrictively than interpretation without presumptions regarding ‘personality’ would merit.

Rights of the Child

2017 ◽  
Author(s):  
Asha Bajpai
Keyword(s):  
Civil Society ◽  
International Law ◽  
Legal Framework ◽  
Civil Society Organizations ◽  
Legal Definition ◽  
Rights Of The Child ◽  
The Government ◽  
Definition Of

The chapter commences with the change in the perspective and approach relating to children from welfare to rights approach. It then deals with the legal definition of child in India under various laws. It gives a brief overview of the present legal framework in India. It states briefly the various policies and plans, and programmes of the Government of India related to children. International law on the rights of the child is enumerated and a summary of the important judgments by Indian courts are also included. The chapter ends with pointing out the role of civil society organizations in dealing with the rights of the child and a mention of challenges ahead.

scholarly journals Designing for international law: The architecture of international organizations 1922–1952

2020 ◽  
pp. 1-22
Author(s):  
Miriam Bak McKenna
Keyword(s):  
New York ◽  
International Law ◽  
International Organizations ◽  
International Organization ◽  
International Labour Organization ◽  
The Relationship ◽  
Physical Manifestation ◽  
Insight Into ◽  
Do So

Abstract Situating itself in current debates over the international legal archive, this article delves into the material and conceptual implications of architecture for international law. To do so I trace the architectural developments of international law’s organizational and administrative spaces during the early to mid twentieth century. These architectural endeavours unfolded in three main stages: the years 1922–1926, during which the International Labour Organization (ILO) building, the first building exclusively designed for an international organization was constructed; the years 1927–1937 which saw the great polemic between modernist and classical architects over the building of the Palace of Nations; and the years 1947–1952, with the triumph of modernism, represented by the UN Headquarters in New York. These events provide an illuminating allegorical insight into the physical manifestation, modes of self-expression, and transformation of international law during this era, particularly the relationship between international law and the function and role of international organizations.

scholarly journals Participation and the role of Public Space

2008 ◽  
Vol 2 ◽  
Author(s):  
Anna Gabriel Copeland
Keyword(s):  
Human Rights ◽  
Young People ◽  
Public Space ◽  
Legal System ◽  
Children And Young People ◽  
Civic Society ◽  
Broad Definition ◽  
The Many ◽  
Definition Of

This article examines participatory rights as human rights and considers their importance to the lives of children and young people. It argues that a broad definition of participation needs to be used which takes us from 'round tables' to understanding that young people participate in many different ways. It points out that failure to recognise and respect the many varied ways that children and young people choose to participate results in a breach of their human rights. It shows how our socio-legal system operates to permit and support these breaches of the rights of children and young people, resulting in their alienation from civic society.

scholarly journals ON THE ISSUE OF SYSTEMATIZATION AND SYSTEMATIZATION OF THE BRANCH OF INTERNATIONAL CUSTOMS LAW

2021 ◽  
Vol 6 (11(61)) ◽  
pp. 77-82
Author(s):  
Nina A. Ronzhina ◽  
Yaroslav V. Okhrimenko
Keyword(s):  
International Law ◽  
The Relationship

The article is devoted to the theory of taxonomy of the branch of international customs law (ICL). The article considers scientific positions and innovations that touch upon the issues of consistency and systematization of the industry in the context of established international customs relations. The authors investigate the relationship between the sign of consistency and the processes of theoretical systematization of the industry, prove the presence in its structure of a full complex of backbone elements necessary to establish the place and role of the ICC in the system of international law.

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