A Century of Achievement and Unfinished Work

2000 ◽  
Vol 94 (1) ◽  
pp. 90-98
Author(s):  
George H. Aldrich ◽  
Christine M. Chinkin
Keyword(s):  
International Law ◽  
Dispute Resolution ◽  
International Organizations ◽  
Armed Conflict ◽  
Political Interest ◽  
The Political ◽  
Regional Organizations ◽  
Political Landscape ◽  
New States ◽  
The Hague

The Hague Conferences that produced the Conventions of 1899 and 1907 closed the nineteenth century and opened the twentieth. They established an agenda for negotiation, in the parliamentary-diplomatic mode, for the next hundred years; elevated the development of mechanisms of dispute resolution to new prominence; tried to order many areas of armed conflict with new international law; and, perhaps unintentionally, set parameters for the future diplomacy of international conferences.Subsequent international lawmaking efforts grappled with many of the themes debated at The Hague, even as the political landscape of international law was completely transformed by the breakup of empires and the advent of almost two hundred new states; the founding of international organizations and regional organizations that could scarcely have been imagined in 1899, and the establishment of a truly permanent international judicial institution, followed by the creation of many other judicial institutions with more focused jurisdictions. Despite these changes, much of the style of the Hague Conferences left a deep imprint on international law. The mixture of lofty rhetoric, prophetic international legal vision, and narrow political interest of the Hague Conferences became a characteristic, even an expected feature, of collective international lawmaking efforts in this century.

Features of ILM for the 1960's

1969 ◽  
Vol 8 (I1) ◽  
pp. xi-xii
Keyword(s):  
International Law ◽  
International Organizations ◽  
Armed Conflict ◽  
Developed Countries ◽  
Military Force ◽  
International Arbitration ◽  
National Courts ◽  
The Developed Countries

The contents of ILM for the period from 1962 to 1969 reflect several significant developments: (1) the entry on the international scene of many new countries and their establishment of relations with the developed countries, particularly in the fields of commerce and trade and of investment; (2) the prevalence of armed conflict and the use of military force in the unsettled conditions resulting from the decolonization process and from continued antagonisms between the superpowers; (3) the pervasive role of international organizations, both global and regional, general and specialized; and (4) the continued predominance of national courts in the judicial consideration of questions of international law and the shift from general to specialized tribunals in the resolution of disputes by international arbitration and adjudication.

International Regional Organizations and their Travel Documents

1968 ◽  
Vol 6 ◽  
pp. 164-187
Author(s):  
Daniel G. Turack
Keyword(s):  
International Law ◽  
International Organizations ◽  
Functional Independence ◽  
Legal Capacity ◽  
Regional Organizations ◽  
Considerable Saving ◽  
Freedom Of Movement ◽  
Effective Operation ◽  
Vital Component ◽  
Time And Energy

Functional independence of international institutions is a sine qua non to their effective operation. Current international law reveals that international organizations have a legal capacity and certain privileges and immunities bestowed upon them by their member states to ensure their independence and that of their staffs. One vital component of functional independence is the freedom of travel for all members of the international staff. In examining the features of freedom of travel necessary for international organizations to discharge their responsibilities effectively, C. W. Jenks wrote:The freedom of movement which is necessary comprises more than the absence of any special restrictions; it includes the usual facilities for official travel, such as diplomatic or other special visas, priorities where these are necessary, exemption from immigration regulations and formalities, and similar measures; taken cumulatively these facilities involve a considerable saving of time and energy and are therefore an important element in securing the expeditious and unhindered travel necessary to the prompt discharge of international responsibilities.

The Fifty-Sixth Session of the International Law Commission

2005 ◽  
Vol 99 (1) ◽  
pp. 211-221 ◽  
Author(s):  
Michael J. Matheson
Keyword(s):  
International Law ◽  
International Organizations ◽  
Armed Conflict ◽  
Diplomatic Protection ◽  
Sixth Session ◽  
International Liability ◽  
International Law Commission ◽  
Fragmentation Of International Law ◽  
Law Commission

The International Law Commission held its fifty-sixdi session in Geneva from May 3 to June 4, and from July 5 to August 6, 2004, under the chairmanship of Teodor Melescanu of Romania. The Commission completed its first reading of draft principles on international liability for transboundary harm and draft articles on diplomatic protection, which have now been submitted for comment by states with a view to their completion in 2006. The Commission also continued its work on reservations to treaties, responsibility of international organizations, unilateral acts of states, fragmentation of international law, and shared natural resources. In addition, the Commission decided to start work next year on the effect of armed conflict on treaties and the expulsion of aliens, and to recommend adding a new topic—the obligation to prosecute or extradite—to its long-term program. The following is a summary of where each topic stands and what issues are likely to be most prominent at the Commission's 2005 session.

Transfer of Property in Enemy Occupied Territory

1945 ◽  
Vol 39 (2) ◽  
pp. 216-230 ◽  
Author(s):  
Jacob Robinson
Keyword(s):  
International Law ◽  
Hague Convention ◽  
Military Occupation ◽  
The Political ◽  
Main Body ◽  
Total War ◽  
Occupied Territory ◽  
Aerial Warfare ◽  
Occupied Territories ◽  
The Hague

International law was no more prepared for the dynamics of the present war than was the Maginot school of military strategy. International lawyers had given little serious thought to the legal problems which total war would bring. Consequently, while international arrangements were concluded on special questions (e.g. on aerial warfare), the main body of the 1907 Hague Convention, including the section dealing with military occupation,remained unchanged. Military occupation was still conceived of as a temporary phenomenon with limited objectives. But totalitarian warfare as waged by the Axis powers has had unlimited objectives, aimed at nothing less than the complete political and economic subjugation of the occupied territory. In practice the enemy has recognized no restraints of either law or custom save the threat of immediate retaliation. Far from “respecting, unless absolutely prevented, the laws in force in the country,” as the Hague regulations require, the Axis has systematically destroyed the political and legal order in the occupied territories. It has substituted quislings in the place of duly constituted local authorities, and has employed them for economic as well as political ends.

Conceptualizing IO Emergency Powers

2019 ◽  
pp. 23-48
Author(s):  
Christian Kreuder-Sonnen
Keyword(s):  
International Law ◽  
International Organizations ◽  
The Political ◽  
Principal Agent ◽  
Member States ◽  
Political Autonomy ◽  
Emergency Powers ◽  
Power Differentials ◽  
Executive Discretion ◽  
The Common

This chapter introduces a constitutional perspective on international organizations (IOs) that foregrounds the legally constituted relationship between authority-holders and authority-addressees. Distinct from the common principal–agent perspective, it paves the way for understanding IOs’ crisis-induced authority-leaps as an assumption of emergency powers—an act defined as the constitutionally deviant widening of executive discretion at the expense of the political autonomy of the rule-addressees that is justified by exceptional necessity. The chapter taxonomizes the possible institutional embodiments of IO exceptionalism according to its constitution, reach, and intrusiveness and highlights its phenomenological differences with respect to domestic exceptionalism. Given the structural conditions of the international spheres of authority in which IO exceptionalism operates, it is expected to rely on the acquiescence of the most powerful member states, to be stratified in scope and application according to states’ power differentials, and to instrumentalize rather than openly suspend norms of international law.

Part I Introduction, Ch.3 The Law and Politics of International Organizations

2016 ◽  
Author(s):  
Dunoff Jeffrey L
Keyword(s):  
International Relations ◽  
International Law ◽  
International Organizations ◽  
The Political ◽  
Law And Politics ◽  
Theoretical Approaches ◽  
Political Implications ◽  
Key Characteristics ◽  
The Creation ◽  
Institutional Fragmentation

This chapter describes the contours of the international law (IL) and international relations (IR) scholarship on international organizations (IOs), as well as some of its key characteristics and debates. It proceeds in three parts. Part I briefly surveys the major theoretical approaches to the creation and functions of IOs found in the IL and IR literature. Part II analyzes the most important conceptual debates that have occupied IO scholars in recent years, including debates over the autonomy, accountability, and legitimacy of IOs. Part III explores a cluster of policy dilemmas, including the political implications of institutional fragmentation, how to manage IO interactions, and why IOs increasingly seem unable to effectively address matters of pressing international concern.

Regional Organizations

2019 ◽  
pp. 36-67
Author(s):  
Tan Hsien-Li
Keyword(s):  
International Law ◽  
International Organizations ◽  
Asia Pacific ◽  
Regional Organizations ◽  
Member States ◽  
Regional Institutions ◽  
History Of ◽  
Definition Of ◽  
The Relationship

This chapter examines the relationship that Asia-Pacific regional and sub-regional organizations have with international law, looking at seven international organizations that span the region. It is commonly believed that the member states of Asia-Pacific regional organizations prefer less formalized institutions and fewer binding commitments. Conventional reasons for this include their history of colonialism, less legalistic and formalized cultures, and a preference for stricter conceptions of sovereignty. As such, their organizations are often perceived as less effective. However, the effectiveness of Asia-Pacific regional institutions should not be judged by one uniform standard. Instead they should be judged on their own definition of effectiveness. There should be a broader understanding that Asia-Pacific states consciously use and participate in their regional organizations differently than in other regions, and they may prefer less institutionalized models as these serve their purposes better and can still be successful.

scholarly journals The Expulsion of Aliens and Other Topics: The Sixty-Fourth Session of the International Law Commission

2013 ◽  
Vol 107 (1) ◽  
pp. 164-177 ◽  
Author(s):  
Sean D. Murphy
Keyword(s):  
International Law ◽  
International Organizations ◽  
Armed Conflict ◽  
First Year ◽  
International Law Commission ◽  
Fourth Session ◽  
Transboundary Aquifers ◽  
Law Commission

The International Law Commission held its sixty-fourth session in Geneva from May 7 to June 1, and from July 2 to August 3, 2012, under the chairmanship of Lucius Caflisch. The session marked the first year of a new quinquennium (2012–2016), with the Commission having completed its work during the prior quinquennium (2007–2011) on four major topics: transboundary aquifers, effects of armed conflict on treaties, reservations to treaties, and responsibility of international organizations.

Conference Report – “From Government to Governance? The Growing Impact of Non-State Actors on the International and European Legal System” - 6th ASIL / NVIR / T.M.C. Asser Institute Joint Conference in The Hague, 3 -5 July 2003

2003 ◽  
Vol 4 (8) ◽  
pp. 827-850 ◽  
Author(s):  
Stefan Kirchner
Keyword(s):  
International Law ◽  
International Organizations ◽  
Use Of Force ◽  
Conference Report ◽  
International Terrorism ◽  
Joint Conference ◽  
The Hague ◽  
State Actors ◽  
The U.S

This year's 6th Joint Conference held by the American and Dutch Societies of International Law and organised by the T.M.C. Asser Institute in The Hague focused on the increasing importance of the role of non-state actors in international law and at the same time provided an opportunity for American and European lawyers to address recent differences between the U.S. and Europe, e.g. on the use of force in Iraq. Consequently one of the three major issues of the conference was the response to international terrorism, while other issues included the role of international organizations as well as transnational corporations in international law.

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