Karmic Wisdom and International Law, Incorporating the Proposed International Peace Charter

2016 ◽  
pp. 29-42

2016 ◽  
Author(s):  
Matthias Herdegen

In the process of globalisation, international law plays a crucial and ambivalent role. It is one of the driving forces behind the integration of markets, expanding standards of human rights and good governance as well as mechanisms for international peace and security. International law also responds to a globalised world which catalyses not only universal ethics, but also the global spread of risks to political and economic stability. "Evolutive interpretation" of international agreements affects traditional concepts of sovereignty and democratic legitimacy. It enhances the power of technocratic elites. At the same time, we witness an intensive interplay between the different sectors of international law; new layers of 'hard' and 'soft' normativity as well as intriguing forms of legal pluralism.



1999 ◽  
Vol 93 (4) ◽  
pp. 879-912 ◽  

After seventy-two days of NATO's air campaign against the Federal Republic of Yugoslavia (Serbia-Montenegro) (FRY), FRYPresident Slobodan Milošević on June 3, 1999 accepted an international peace proposal to end the conflict concerning Kosovo. The proposal was developed in Bonn after lengthy discussions between U.S. Deputy Secretary of State Strobe Talbott, EU envoy (and Finnish President) Martti Ahtisaari, and Russian envoy Viktor Chernomyrdin, and then presented to President Milosevic by President Ahtisaari and Mr. Chernomyrdin. Although it contained several elements previously unacceptable to the FRY, Mr. Milošević accepted the proposal due to a relentless bombing campaign against FRY tanks, artillery, and ground forces in Kosovo, as well as the destruction of oil refineries, bridges, and power stations elsewhere in Serbia; a resurgence of the Kosovo Liberation Army (KLA) as a ground force; and the decision of Russia to find common ground with NATO prior to a regular meeting in early June of the seven leading industrial countries (Group of Seven or “G-7”) and Russia.



2014 ◽  
Vol 8 (4) ◽  
pp. 7-12
Author(s):  
Barbu Denisa

Through the functions it performs, the judicial act has an important role in the maintenance of international peace and security, the prevention and repression of crime, as well as of the international protection of human rights and fundamental freedoms. Even the duties of public international law coincide with these goals.



2012 ◽  
Vol 106 (3) ◽  
pp. 547-571 ◽  
Author(s):  
Brian Richardson

Although careful scholarly treatment of the history of international law is now thriving, within U.S. courts that history now begins with one eighteenth-century treatise published in Neuchâtel, Switzerland, in 1758 and published in translation for modern readers under the aegis of the Carnegie Endowment for International Peace in 1916. This treatise is Emer de Vattel’s Droit des gens ou principes de la loi naturelle, appliqués à la conduite et aux affaires des nations et des souverains. My aim in this article is to appraise the elevation of Vattel to vaunted originalist heights in U.S. law. The claim that Vattel’s theory of the law of nations completely represents how the Founding Fathers (Founders) understood the law of nations should be rejected as a matter of history.



Author(s):  
Paolo Amorosa

The first chapter, like all others in the book, is divided in three sections. Section 1 offers an analysis of the US foreign policy discourse at the turn of the century and connects it with the growing popularity of international law within the elites. Section 2 follows Scott in his work as Secretary Root’s legal advisor at the State Department, until the two moved together to lead the newly established Carnegie Endowment for International Peace. The highlight of Scott’s government stint was the 1907 Second Hague Peace Conference, where he championed the project for an international court and created a large part of the transatlantic professional connections that would be crucial to his later projects. Section 3 describes how Scott, since 1910 a powerful administrator at the Carnegie Endowment for International Peace, deployed the massive resources at his disposal.



Author(s):  
P.J. Blount

This chapter argues that the Outer Space Treaty contains, in addition to its legal content, ethical content. The chapter then analyzes the text of the treaty to reveal this ethical content and connect it to the twin goals of the peaceful uses of outer space (found in international space law) and the maintenance of international peace and security (found in general international law). The analysis contends that, while the ethical content of the Outer Space Treaty does not create hard legal obligations, it does inform the nature of the legal content of the norms set out by the treaty. Finally, this chapter will also evaluate how the ethics deployed by the treaty have fared in the contemporary geopolitical context.



Author(s):  
Christine Chinkin

UN Security Council Resolution 1325 was not adopted in a vacuum, but rather can be read with a number of other programs within the Security Council (SC) and UN architecture. These include other thematic resolutions, as well as broader policy initiatives. Taken together, these diverse strands sought to shift the understanding of the SC’s role in the maintenance of international peace and security, away from a classic state-oriented approach to one that places people at its center. The adoption of Resolution 1325, along with these other developments, had implications for the making of international law (the place of civil society and experts within the international legal and institutional framework), for rethinking participation, and the meaning of security/protection. This chapter suggests that 2000 was a pivotal moment when a more human-oriented international law seemed a real possibility and before the turn back toward militarism and national security in the wake of the terrorist attacks of September 11, 2001.



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