This chapter discusses the theory of international law. In analytic jurisprudence, at least since the latter half of the twentieth century, the primary debate in general jurisprudence has been between legal positivism and its most ardent critic, Ronald Dworkin. The positivist tradition is represented here by its two most important theorists, Hans Kelsen and H.L.A. Hart. During their careers, Kelsen and Hart clashed over the best understanding of legal positivism. For his part, Dworkin devoted the bulk of his critical (...) attention to Hart's work. The chapter also focuses on the way in which each theorist builds his view of international law against the background of a more general jurisprudence. Hart argues that the differences between international law and municipal law might eventually be overcome. International law might be in a stage of transition that will bring it nearer in structure to a municipal system. (shrink)

H.L.A. Hart says that The Concept of Law is focused on municipal or domestic law because that is the “central case”1 for the usage of the word ‘law.’ At the beginning of the book he states that “at various points in this book the reader will find discussions of the borderline cases where legal theorists have felt doubts about the application of the expression ‘law’ or ‘legal system,’ but the suggested resolution of these doubts, which he will also find (...) here, is only a secondary concern of the book.”2 Yet among those borderline cases there is one that is rather intriguing, since Hart closely discusses a particular instance of them: it is international law, to which he devotes an entire chapter—the final one—of The Concept of Law. My goal in this article is therefore to make clear why the ‘resolution’ of the borderline case of international law is not entirely ‘secondary’ to Hart’s overall project in The Concept of Law and, in so doing, to show that Chapter X is not as unhappy as many think it is. (shrink)

An interesting fact about customary international law is that the only way you can propose an amendment to it is by breaking it. How can that be differentiated from plain law-breaking? What moral standards might apply to that sort of international conduct? I propose we use ones analogous to the ordinary standards for distinguishing civil disobedients from ordinary law-breakers: would-be law-makers, like civil disobedients, must break the law openly; they must accept the legal consequences of doing so; and (...) they must be prepared to have the same rules applied to them as everyone else. (shrink)

The rule of law is a moral ideal that protects distinctive legal values such as generality, equality before the law, the independence of courts, and due process rights. I argue that one of the main goals of an international rule of the law is the protection of individual and state autonomy from the arbitrary interference of international institutions, and that the best way to codify this protection is through constitutional rules restraining the reach of international law into (...) the internal affairs of a state. State autonomy does not have any intrinsic value or moral status of its own. Its value is derivative, resulting from the role it plays as the most efficient means of protecting autonomy for individuals and groups. Therefore, the goal of protecting state autonomy form the encroachment of international law will have to be constrained by, and balanced against the more fundamental goal of an international rule of law, the protection of the autonomy of individual persons, best realized through the entrenchment of basic human rights. (shrink)

Consistent with Article 38 of the Statute of International Court of Justice, the primary sources of international human rights law can be identified as treaty, custom, and general principles of law derived from national legal systems. Treaty provisions in human rights law are often textually fairly open‐ended and hence will need to be read in the light of institutionalized practices of interpretation, such as the jurisprudence by regional human rights courts and international human rights treaty bodies. Despite (...) the universal acceptance of human rights treaties and the recognition of human rights as norms of customary international law, human rights violations do occur in all parts of the world and are often systematic. Major shortcomings of the international monitoring mechanisms for human rights treaties are their underresourcing, lack of visibility, and ineffectiveness. Even if human rights treaties have become universally accepted, compliance control remains underdeveloped. (shrink)

We review studies on catching that reveal internalization of physics for action control. In catching free-falling balls, an internal model of gravity is used by the brain to time anticipatory muscle activation, modulation of reflex responses, and tuning of limb impedance. An internal model of the expected momentum of the ball at impact is used to scale the amplitude of anticipatory muscle activity. [Barlow; Hecht; Shepard].

This paper examines the effects of non-derogability status for seven human rights during declared states of emergency from 1996 to 2004 in 195 countries. For this purpose, we create several original measures of countries’ state of emergency status. Our analysis finds the intended protections from the special legal status of non-derogable rights to be anemic, at best, during declared emergencies. This finding begs a reconsideration of both the utility of the “non-derogable” categorization in both international and municipal law, (...) and the conditions under which declared states of emergency might be justified. (shrink)

This paper explores the difficulties of implementing international human rights standards in post conflict states, particularly in Islamic States, using Afghanistan as a case study. The paper will submit that imposing international human rights law with a ‘top down' approach is ineffective, using the example of the western-style Afghan constitution which contains many human rights protections, such as freedom of religion, that cannot be realized in contemporary Afghan society. It will be argued that a more transparent, consultative and (...) long-term approach to human rights implementation should be taken in post conflict situations, if ‘human rights' is to be more than a catch phrase for membership of the international community. (shrink)

Paradigms of International Human Rights Law explores the legal, ethical, and other policy consequences of three core structural features of international human rights law: the focus on individual rights instead of duties; the division of rights into substantive and nondiscrimination categories; and the use of positive and negative right paradigms. Part I explains the types of individual, corporate, and state duties available, and analyzes the advantages and disadvantages of incorporating each type of duty into the world public order, (...) with special attention to supplementing individual rights with explicit individual and state duties. Part II evaluates how substantive rights and nondiscrimination rights are used to protect similar values through different channels; summarizes the nondiscrimination right in international practice; proposes refinements; and explains how the paradigms synergize. Part III discusses negative and positive paradigms by dispelling a common misconception about positive rights, and then justifies and defines the concept of negative rights, justifies positive rights, and concludes with a discussion of the ethical consequences of structuring the human rights system on a purely negative paradigm. For each set of alternatives, the author analyzes how human rights law incorporates the paradigms, the technical legal implications of the various alternatives, and the ethical and other policy consequences of using each alternative while dispelling common misconceptions about the paradigms and considering the arguments justifying or opposing one or the other. (shrink)

World Health Organization [WHO] -- Australia -- Belgium -- Bulgaria -- Canada -- [People's Republic of] China -- Czech Republic -- France -- Hellas [Greece] -- Hungary -- Ireland -- Israel -- Malaysia -- The Netherlands -- Nigeria -- Peru -- Poland -- Singapore -- South Africa -- Spain -- Sweden -- United Kingdom -- United States of America -- Uruguay.

While it is common to refer to the international rule of law, it is less common to define it or to explore what it means. In this essay I examine the international rule of law both in practice and as a concept. This is important because many controversies about the direction of world politics in fact rest on different accounts of the international rule of law. Understanding the various ways the idea is used, and their implications for (...) policy-choices, can help clarify what it and what it is not being argued over in global controversies. I set out three distinct approaches to the concept of the international rule of law and compare them to contemporary state practice. The first is anchored on the obligation of states to comply with their international legal obligations. The second draws on an analogy with the domestic rule of law. The third begins from the observation that states invoke international law to explain and justify their policies - from this it expands into a model of law as integral to political legitimation. I find that the third provides the most conceptually coherent understanding of the international rule of law, and has interesting implications for the study of international law and politics. Aunque es común referirse al imperio internacional de la ley, es menos común definirlo o explorar lo que significa. En este ensayo examino el imperio internacional de la ley en la práctica y en teoría. Esto es importante porque muchas controversias sobre la dirección de la política mundial se basan de hecho en explicaciones diferentes del imperio internacional de la ley. Comprender las diferentes maneras en que se usa esta idea y sus implicaciones para la elección de políticas puede ayudar a clarificar lo que se está discutiendo y lo que no en las controversias globales. Yo planteo tres enfoques distintos del concepto de imperio internacional de la ley y los comparo con la práctica estatal contemporánea. El primero está anclado en la obligación de los estados de cumplir sus obligaciones legales internacionales. El segundo traza una analogía con el imperio doméstico de la ley. El tercero parte de la observación de que los estados invocan la ley internacional para explicar y justificar sus políticas - de aquí se amplía a un modelo de la ley como parte integral de la legitimación política. Me parece que el tercero ofrece la comprensión conceptualmente más coherente del imperio internacional de la ley y tiene implicaciones interesantes para el estudio de la ley y la política internacionales. (shrink)

This paper attempts to open the debate on the idea of local and territorial development of microregional nodes in the Province of Buenos Aires. Under this approach, a model that proposes the creation of Municipal Development Forum, with the participation of local actors, generate local development program is proposed. The proposal is formulated for territories over 5,000 and below 30,000 inhabitants. This criterion is based on the applicability of the proposed model to municipalities with potential for territorial development, large (...) and balanced internal consumption, but where progress is hindered by the proximity of one or two political jurisdictions of a larger productive scale that have became regional administrative centers. The development program will consider a diagnosis of the productive profile of the territory and its relationship with the characteristics and origin of goods or services consumed at the municipality. This territorial development model aims to move towards self-sufficiency on goods and services, to create new jobs and to promote effective and efficient use of local resources. In short, we propose to tackle territorial development from an innovative perspective, focusing on the creation of Municipal Development Fora that foster the improvement and growth of the productive system, the creation of jobs, local identity and the consumption of goods and services locally produced. (shrink)

Teased out through a playful tale about a king who failed in eight ways to make law, Lon L. Fuller's eight principles of the ‘internal morality of law’ became an important contribution to legal philosophy and rule of law theory alike. Moreover, it was Fuller's claim that his principles were not just internal to the enterprise of law, but also ‘moral’ in character, that precipitated a particular kind of ‘natural law versus legal positivism’ contest that continues among legal philosophers today. (...) But as a recent revival of interest in Fuller's thought indicates, his scholarly agenda around the idea of ‘the internal morality of law’ was wider still and deserves revisiting for the range of avenues of inquiry it opens up. (shrink)

It is likely that internal factors play an important role in restricting the possible avenues of evolutionary change from any starting point. Internal selective processes operating on premutational disturbances, on mutations, and on developmental phases may usefully be separated from the adaptive selection of phenotypes. The precise structural and morphological consequences of internal factors should soon become an isolable problem owing to a) the observational correlation of definite changes in hereditary specificity with particular developmental consequences; and b) the progressive theoretical (...) identification of the coordinative conditions in organisms. Increasing clarity regarding the coordinative conditions should throw light on the “mutational selection rules” and on the differentiative mutations which led to the most important steps in the past history of evolution.Die Wege der Evolution können sowohl durch innere Auslese der Genotypen wÄhrend der Entwicklung als auch durch die Äussere Darwinische Auslese der Phenotypen bestimmt werden. Seit 1949 haben sich zumindest fünf Forscher mit dieser Möglichkeit befasst. Es ist zur Zeit möglich, zwischen den beiden Arten von Zuchtwahl theoretisch und experimentell zu unterscheiden.Les chemins de l'évolution peuvent Être déterminés non seulement par la sélection extérieure Darwinienne des phénotypes mais aussi par la sélection intérieure des genotypes pendant le développement. Depuis 1949 aux moins cinq investigateurs en ont considéré la possibilité. Il est possible à présent de faire la distinction entre les deux types de sélection dans la théorie comme dans l'expérience. (shrink)

Journal Name: The Law & Ethics of Human Rights Issue: Ahead of print.

A commonplace misconception identifies Kelsen as a one-dimensional legal positivist and Habermas as a one-dimensional legal moralist. I argue, on the contrary, that both theorists defend a complex normative conception of democratic proceduralism that straddles the positivism/naturalism divide. I then show how their extension of this conception to international law commits them to a monistic human rights regime. I conclude that their realistic acknowledgment of the fragmented nature of legal paradigms and regimes entails a complementary qualification of their monism. (...) Section 10.1 situates Kelsen and Habermas’s proceduralism between natural law reasoning and formal positivism in opposition to Schmitt’s political-theological defense of decisionism. Section 10.2 compares the different methods by which Kelsen and Habermas defend democratic proceduralism. Section 10.3 shows how they extend this conception to international law in defending a monistic human rights regime. Section 10.4 discusses their respective views about the decisive role played by courts and constitutional review in this regime, and critically examines their proceduralist understanding of constitutional review. Section 10.5 concludes with an assessment of the limits and possibilities of constitutionalizing humanitarian law in international law in the face of persistent legal pluralization. (shrink)

By most measures, the impact of international human rights law ratification in the Arab Gulf region primarily in the 1990s and 2000s has been minimal. Scholars have found little evidence of correlation between ratification of the core human rights conventions with the minimal improvements in human rights practice in the region. Ratification of most human rights instruments Arab Gulf states in recent decades has, however, offered new cases from which to explore the impact of international human rights law (...) in countries where human rights monitors find protections to be most limited. Using the case of Kuwait’s ratification of the Convention on the Elimination of all forms of Discrimination Against Women, this article examines the impact of ratification in 1994 on discourses on discrimination against women in national press on human rights in the country. Through analysis of reporting in national newspaper Al-Anba, the article identifies how ratification has shaped the language used in national press reporting on women’s rights to increasingly reference the convention and frame rights violations in the language of “discrimination.” In tracing these connections between the convention and related content in local press, the article identifies new avenue to explore the “impact” of human rights treaty ratification, even when formal changes in laws and policies so far have been limited. (shrink)

Perhaps the most influential passage on the rule of law in international law comes from chapter 13 of Thomas Hobbes's Leviathan. In the course of describing the miserable condition of mankind in the state of nature, Hobbes remarks to readers who might be skeptical that such a state ever existed that they need only look to international relations—the relations between independent states—to observe one: But though there had never been any time, wherein particular men were in a condition (...) of warre one against another; yet in all times, Kings, and Persons of Soveraigne authority, because of their Independency, are in continuall jealousies, and in the state and posture of Gladiators; having their weapons pointing, and their eyes fixed on one another; that is, their Forts, Garrisons, and Guns upon the Frontiers of their Kingdomes; and continuall Spyes upon their neighbours; which is a posture of War. (shrink)

A serious yet unstudied consequence of the Christian-Muslim conflict in medieval Spain was the capture and enslavement of soldiers and civilians. Men, women, and children who were seized on raids, taken in battle, or pirated off ships were regarded by their captors as booty, to be used as slaves or to be sold for profit. Since warfare in twelfth-century Spain pitted Christians against Muslims, the usual prohibitions against enslavement of coreligionists clearly did not apply. For Muslims and Christians alike, capture (...) meant a life of slavery. Christian chronicles of this era are replete with stories of captives taken off to be sold in the slave markets of al-Andalus in southern Spain or, even worse, in those of North Africa. Some of these slaves, however, were able to regain their freedom through redemption — that is, to purchase their liberty by paying a ransom. Since the ransom price frequently exceeded what could be gained in the slave auctions, redemption became an attractive option to both captor and captive. (shrink)

This article examines the different avenues to protect animals globally under (a zoological perspective on) international law. A first approach is to use existing organizations, which are limited in scope but through which it is easier to find common ground. The second approach is to use a global existing and overarching organization. The Organization for Animal Health has the advantage of having quasi-universal membership and of issuing science-based and objective reports. However, its powers are currently quite weak. This article (...) suggests that the best avenue would be a third approach: the establishment of a new international organization, preferably under the U.N. umbrella. (shrink)

This chapter contains sections titled: The Subject Matter of International Law The Sources of International Law Conclusion References.

With The Perils of Global Legalism, Eric A. Posner explains that such views demonstrate a dangerously naive tendency toward legalism—an idealistic belief that ...

Climate change harmfully affects social and natural systems. These outcomes adversely affect the human and natural systems, resulting in adopting related-response measures whose implementation yields similar outcomes, especially when poorly designed. Climate-related projects, actions, and policies cause harmful environmental impacts, even though the United Nations Convention on Climate Change and its subsequent instruments urge parties, when dealing with climate change, to employ methods that preserve the quality of the environment. Few studies have established the effects of these environmentally, economically, culturally, (...) and socially unsound mechanisms on public participation, although research usually proves that ecological and environmental citizenship can enhance climate action. The study also highlights gaps in the common understanding of public participation in climate action. This reflection analyses the relationships between public participation and climate response measures and concludes that uncertainty related to response measures could affect the perception of climate action by the public. The reflection, therefore, shows that many international environmental law legal instruments, policies, and scholarships attempt to address the issue. (shrink)

This review considers what role scholarship on the early modern law of nations (ius gentium) plays in the history of international political thought, which over the last decade has expanded far beyond its basis in Atlantic empires and European intellectual history. Recent works offer two main reasons why the law of nations and early modern jurists can still critique and destabilize assumptions about the international arena. First, these thinkers occupied a far more diverse discourse than later practitioners of (...) ‘international law’ would have allowed, recognizing no easy distinction between international and constitutional theory. The division between the inside and outside of states, ontologically necessary for the idea of international theory, was not assumed by many ius gentium authors. Second, much of the early modern law of nations took place in the context of Central European politics, particularly the late Holy Roman Empire, where the ius gentium was a means to navigate law within and amongst semi-autonomous imperial polities. This setting has continued to produce especially energetic theorists of global order from early modern Europe well into the twentieth century. Studying these thinkers still helps illuminate how the domestic and international division first emerged. (shrink)

A case is made that so-called international law is law in name only and, moreover, that although bona fide international law is theoretically possible, it would not be desirable.

International human rights law has struggled to define a standard for determining the extraterritorial applicability of its norms that would reconcile the ethos of universal entitlement, on the one hand, with the centrality of borders in delineating state powers and responsibilities under international law, on the other hand. The case law of the UN Human Rights Committee and the European Court of Human Rights favors barring states from engaging in conduct outside their borders that would be impermissible if (...) undertaken inside their borders. Still, attempts to demarcate the precise scope of extraterritorial application through allusion to degrees of control over individuals or areas, or by the nature of the obligation itself – have led to unsatisfactory, if not arbitrary results. This article opines a move to functionalism as the basis for extraterritorial applicability – requiring states to protect IHRL in situations they can do so. Under this approach, which takes universality seriously, borders lose much their normative significance. I suggest limiting the functional approach to extraterritorial applicability in accordance with two key notions: the intensity of power relations – factual relations of power entailing direct, significant and foreseeable potential impact – should result in the application of IHRL obligations; or, alternatively, special legal relations – relations of power that put the state in a unique legal position to afford IHRL protection would also justify the imposition of extraterritorial obligations. (shrink)

Even though International Humanitarian Law (IHL) is, strictly speaking, a branch of international law serving as the body of laws governing the conduct of armed conflicts, it functions also, and perhaps to a greater extent, as a moral system (either followed or rejected) for the armies involved in armed conflicts. As utilitarians already noticed, the development of legal systems was powerfully influenced by moral opinion, and conversely, moral standards had been profoundly influenced by law, so that the content (...) of many legal rules mirrored moral rules or principles. Law, like morality, is interested in creating a good society: enabling people to live together in a community and inculcating a sense of social responsibility. However, despite these similarities between the systems, law and morality differ in some of their objectives and in the methods they use for achieving their goals and sustaining human behavior. The application of this conclusion to IHL and the analysis of both its historical nascence in the nineteenth century and the philosophical concepts informing it suggests that IHL serves more the purposes of a moral system than those of a legal system. This claim is strengthened by the analysis of two examples of legal rules of IHL: the proportionality principle in causing collateral damage and the instruction that preventive (or targeted) killings should be used as a last resort. (shrink)

Mobilising International Law for 'Global Justice' provides new insights into the dynamics between politics and international law and the roles played by state and civic actors in pursuing human rights, development, security and justice through mobilising international law at local and international levels. This includes attempts to hold states, corporations or individuals accountable for violations of international law. Second, this book examines how enforcing international law creates particular challenges for intergovernmental regulators seeking to manage (...) tensions between incompatible legal systems and bringing an end to harmful practices, such as foreign corruption and child abduction. Finally, it explores how international law has local resonance, whereby, for example, cities have taken it upon themselves to give effect to the spirit of international treaties that national governments fail to implement, or even may have refused to ratify. (shrink)

This article uses an economic narrative to examine the theoretical adequacy of applying humanitarian law to the regulation of the war on international terror. I will argue that problems inherent in collective action hinder the ability of this law to generate an optimal level of global security, and that the absence of the element of reciprocity lowers states’ compliance with it. The paper discusses factors such as audience costs, negative externalities of public conscience, NGOs’ activities, and the promotion of (...) the humanitarian approach toward humanitarian law in international bodies and courts as helping to mitigate these phenomena. A controversy between states concerning the application of humanitarian law to the war on international terror, however, might prevent these factors from offsetting the decline in the status of humanitarian law. Humanitarian law is therefore at risk of lapsing into irrelevance in this war. (shrink)

This work delves into the nature of the morality of the judges and prosecutors of the ICC, who are instrumental in perpetuating the flawed concept of international criminal vacation. This work does not imply distrust in the capacities of the prosecutors or judges of the Court. However, if they are not morally and legally accountable for safeguarding the survival and security of the rights of victims, then who is? This volume places a significant emphasis on an ethical and philosophical (...) understanding of the system of international criminal justice and how the system of vacation for major criminals has become a mechanism against the universal rights of men across the globe. It is in these circumstances that we become instruments of political power, devoid of morality and humanity, driven solely by the evil greed of governments that disregard the dignity of other nations and relegate their victims to a state of insignificance. (shrink)

This paper examines the tension between the mainstream belief in international law as a source of objectivity distinct from politics and its new stream critics that question the validity of such a distinction. It is argued that, as a type of language, international law is not distinct from politics as a function of objectivity, but rather by the fact that it serves the international community’s thymos. The phenomena of global administrative law and NATO’s use of force in (...) Kosovo are analyzed as examples of how the thymos drives international law. Building on feminist theories of international law, the article sets forth a vision of international law as the primary communicative device for the international community’s thymos. (shrink)

The research aims to identify the reality of modern methods applied in the process of performance assessments of employees in the municipalities of Gaza-strip, Complete Census method of community study was used, (571) questionnaires were distributed to all members of the community study, (524) questionnaires were recovery with rate of (91.76%). The most important findings of the study: There were statistically significant relationship differences between the applications of modern methods in the performance assessments of employees in the municipalities of Gaza-strip. (...) There was statistically significant relationship between the evaluation criteria that fit the required performance and the application of standards evaluations on performance of employees in the municipalities of Gaza-strip. There was statistically significant relationship between the use of methods, models for the evaluation of appropriate functions and the application of the performance assessments of employees in the municipalities of Gaza-strip. There was statistically significant relationship between the feedback and the application of performance assessments of employees in the municipalities of Gaza-strip. There was statistically significant relationship between the efficient, professional assessors and the application of the performance assessments of employees in the municipalities of Gaza-strip. There was statistically significant relationship between the extent of awareness of subordinates, participation in the evaluation of their performance and the application of the performance assessments of employees in the municipalities of Gaza-strip. The research also concluded a series of recommendations, including: that the design of evaluation models must be done with the participation of the employees and inform them of it, and that a date must be set to provide feedback and discuss the results with them, that they should be allowed grievance in front of an ad hoc committee in accordance with the known system. Direct manager must inform employees of their performance assessment date, discuss the results of the evaluation with them, and others should be involved with the direct manager of employees in their performance evaluation. The application of modern methods of performance evaluation through the good and purposeful planning should be used, analyzing and employing the results in administrative decisions regarding the employees, and the application of modern methods must be used in an effective and efficient performance evaluation. (shrink)

Why should sovereign states obey international law? What compels them to owe allegiance to a higher set of rules when each country is its own law of the land? What is the basis of their obligations to each other? Conventional wisdom suggests that countries are too different from one another culturally to follow laws out of mere loyalty to each other or a set of shared moral values. Surely, the prevailing view holds, countries act simply out of self-interest, and (...) they eventually consent to norms of international law to regulate matters of common interest.In this groundbreaking book, Fernando Tesón goes against this prevailing thought by arguing, in the Kantian tradition, that a shared respect for individual human rights underpins not just the obligation countries feel to follow international law but also international laws themselves and even the very legitimacy of nations in the eyes of the international community. Tesón, both a lawyer and a philosopher, proposes that an overlapping respect for human rights has created a moral common ground among the countries of the world; and moreover, that such an outlook is the only one that is rationally defensible. It is this common set of values rather than self-interest that ultimately provides legitimacy to international law. Using the tools of moral philosophy, Tesón analyzes the concepts of sovereignty, intervention, and national interest; the contributions of social contact theory, game theory, and feminist theory; and the puzzles of self-determination and group rights.More than simply outlining his theory, Tesón goes on to give detailed examples of international laws, international institutions, and their human rights foundations, putting his ideas to work and addressing legal reforms called for by the theory. He suggests that treaties, for example, should be considered binding if, and only if, the consent to the treaty was given by a genuinely representative government, one that acts out of interest for the human rights of its citizens. Although the theoretical achievement of this book is to challenge received wisdom on the foundation of international law, the practical ambition is a call to reform the international legal system for the post–Cold War era, to substitute for the old order one that gives primacy to human dignity and freedom over state power. (shrink)

As contemporary legal regulation becomes more and more complex, the law becomes more fragmented. This book puts forward recommendations to promote the systemic nature of law. In addition to pro-systemic legal arguments, the book focuses on the foundations of law formed by underlying principles and values.0.

This chapter focuses on the implications of economically self‐interested behavior by voters and lobbyists, rather than important issues of irredentism, demagoguery, and security. It also focuses on the political problems of liberalizing migration between poor and wealthy states. Economists often support temporary migration in order to guard against potential adverse effects of brain drain. International organizations can serve to engage in surveillance, communication, and adjudication in order to enforce rules. Responsibility for international economic migration could be assigned to (...) an existing organization or to a new organization. The chapter addresses the possible features of a new international organization addressing migration. It also describes the present migration‐related functions of the International Organization for Migration (IOM), International Labor Organization (ILO), and World Trade Organization (WTO). The ILO has broad experience in a variety of labor and migration issues, and its tripartite structure facilitates negotiations that involve the concerns of industry and labor. (shrink)

The people of Myanmar were struck by three major human rights disasters during the country's period of democratization from 2003 to 2012: the 2007 Saffron Revolution, the aftermath of Cyclone Nargis in 2008, and the 2012 Rakhine riots, which would evolve into the ongoing Rohingya crisis. These events saw Myanmar's government categorically labeled as an offender of human rights, and three powerful Southeast Asian member states-Indonesia, Thailand, and Malaysia-responded to the violations in very different ways. In each case, their responses (...) to the crises were explicitly shaped by norm conflict, which may be understood as a tension between international and domestic norms. Their reactions were compelled by a need to address conflicting domestic and international expectations for norm compliance regarding human rights protection and non-interference in internal affairs. In Norms in Conflict: Southeast Asia's Response to Human Rights Violations in Myanmar, Anchalee Rüland makes sense of state action that occurs when a governing body is faced with a circumstance that is at once in line with and contrary to its own governing policies. She defines five different types of response strategies to situations of norm conflict and examines the enabling factors that lead to each strategy. Domestic norms are known to evolve as a country's values change over time yet Rüland argues that the old and new norms may also coexist; knowledge of the underlying political context is crucial for those seeking a solid understanding of state behavior. Norms in Conflict challenges the conventional understanding of the logic of consequences in determining state behavior, advancing constructivist theory and establishing a provocative new conversation in international relations discourse. (shrink)

This chapter first discusses four categories of international criminal law, namely international aspects of national criminal law, international criminal law stricto sensu, suppression conventions/transnational criminal law, and international standards for criminal justice. It then explains some crosscutting issues that are in the forefront of both historical and contemporary discussions in the area, organizing the material under the rubric of jurisdiction, paying particular attention to how this plays out in a number of suppression conventions. The appropriateness of (...) domestic court jurisdiction is a fundamental issue in relation to most of the subject matter of the first three of the categories of international criminal law and to significant instruments developed in the fourth. The chapter also introduces a recent international criminal treaty, namely 2010 Beijing Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation, that is regarded as the state of the art. (shrink)