The history of universal jurisdiction over core international crimes has often been framed as story of rise and fall. NGO activism was regarded as a cause for both the rise and the fall; the rise culminated with the arrest of General Pinochet in 1998 and the fall came with the ‘amputation’ of the universal jurisdiction laws in Belgium in 2003 and Spain in 2009 and 2014. In this article the author offers an alternative view of this history. He argues that universal jurisdiction is not on the decline since the number of universal jurisdiction statutes and trials has increased and the number of universal jurisdiction complaints has not substantially decreased in recent years. Rather, the trajectory of universal jurisdiction can be understood as an ongoing competition between two conceptions of the role states in the universal jurisdiction regime. In the ‘global enforcer’ conception, states have a role in preventing and punishing core international crimes committed anywhere in the world, while in the ‘no safe haven’ conception, states should not be a refuge for participants in core international crimes. In recent years, the ‘no safe haven’ conception has made important inroads in legislation and prosecution of international crimes, but the ‘global enforcer’ conception is still present in the universal jurisdiction regime. Though NGOs prefer the ‘global enforcer’ conception, with its strong anti-impunity rationale, these organizations have (involuntarily) contributed to the advancement of the ‘no safe haven’ approach through their legalistic position and ambiguous rhetoric about universal jurisdiction.
Saturday, February 21, 2015
Friday, February 20, 2015
- R2P2: Responses to Roland Paris
- David Chandler, The R2P is dead, long live the R2P: The successful separation of military intervention from the responsibility to protect
- David Mutimer, Whose problems are these anyway? A response to Roland Paris
- Robert A. Pape, Response to Roland Paris' article
- Ramesh Thakur, R2P's ‘structural’ problems: A response to Roland Paris
- Regular Articles
- Michael D. Beevers, Peace resources? Governing Liberia's forests in the aftermath of conflict
- Joel Gwyn Winckler, Exceeding limitations of the United Nations Peacekeeping Bureaucracy: Strategies of officials to influence peacekeeping activities within the United Nations Mission in Liberia and the Department of Peacekeeping Operations
- Sangtu Ko, The Foreign Policy Goal of South Korea's UN Peacekeeping Operations
- Benjamin Brast, The regional dimension of Statebuilding Interventions
- Astri Suhrke, From principle to practice: US Military Strategy and protection of civilians in Afghanistan
In the context of the ongoing revolutionary processes across the Middle East and North Africa, the thematic focus of the conference is that of the intellectual as a political actor: the animation of praxis, broadly conceived as reflection, agitation, and transformative action.
The theme necessitates self-reflection as TWAIL has sought to distinguish itself from other critical legal approaches through its political and transformative commitments. We invite presentations and panels that seek to engage with these issues. For instance, how do we understand and interrogate our roles as intellectuals in political life? What is the relationship between our scholarly endeavors and societal structures; whether preserving the status quo, shaping reform, or advocating for radical change? What are the various conduits that link our work as intellectuals with politicians, activists, advocates, revolutionaries, civil servants, soldiers, artists, writers, union representatives, civil society leaders, peasant movements, and so on? How does the idea of TWAIL as praxis relate to TWAIL as theory and/or method? How does it differ from other notions of praxis?
As with previous TWAIL conferences, this is an opportunity for us to take stock and look to the future. It provides a forum for the TWAIL community to reconnect – this time in the global South. At the same time, the conference seeks to deepen and re-imagine engagement with underexplored alliances such as with indigenous movements, environmental issues, and transnational intellectual and political actors in the Middle East and North Africa. To this end, the conference also seeks to pursue relationships with potential interdisciplinary allies, whether scholars or practitioners, in cognate fields.
- Jon R. Lindsay, The Impact of China on Cybersecurity: Fiction and Friction
- Sebastian Rosato, The Inscrutable Intentions of Great Powers
- Aisha Ahmad, The Security Bazaar: Business Interests and Islamist Power in Civil War Somalia
- Jaganath Sankaran, Pakistan's Battlefield Nuclear Policy: A Risky Solution to an Exaggerated Threat
- Llewelyn Hughes & Austin Long, Is There an Oil Weapon?: Security Implications of Changes in the Structure of the International Oil Market
- Raymond Kuo, Dominic D.P. Johnson, & Monica Duffy Toft, Evolution and Territorial Conflict
- Anit Mukherjee, George Perkovich, & Gaurav Kampani, Secrecy, Civil-Military Relations, and India's Nuclear Weapons Program
Thursday, February 19, 2015
- Cecilia M. Bailliet & Kjetil Mujezinovic Larsen, Promoting peace through international law: Introduction
- Kristoffer Lidén & Henrik Syse, The politics of peace and law: Realism, internationalism and the cosmopolitan challenge
- Cecilia M. Bailliet, Normative foundation of the international law of peace
- Simon O'Connor & Cecilia M. Bailliet, The good faith obligation to maintain international peace and security and the pacific settlement of disputes
- Pål Wrange, Protecting which peace for whom against what? A conceptual analysis of collective security
- Ola Engdahl, Protection of human rights and the maintenance of international peace and security: Necessary precondition or a clash of interests?
- Kjersti Skarstad, Human rights violations and conflict risk - a theoretical and empirical assessment
- Bård A. Andreassen, Traps of violence: A human rights analysis of relationships between peace and development
- Christina Voigt, Environmentally sustainable development and peace: The role of international law
- Ole Kristian Fauchald, World peace through world trade? The role of dispute settlement in the WTO
- Gro Nystuen & Kjølv Egeland, The potential of the Arms Trade Treaty to reduce violations of international humanitarian law and human rights law
- Vibeke Blaker Strand, Non-discrimination and equality as the foundation of peace
- Maja Janmyr, Refugees and peace
- Cornelia Weiss, Barely begun: The inclusion of women as peacemakers, peacekeepers, and peacebuilders in international law and practice
- Kjetil Mujezinovic Larsen, United Nations peace operations and international law: What kind of law promotes what kind of peace?
- Jemima García-Godos, It's about trust: Transitional justice and accountability in the search for peace
- Gentian Zyberi, The role and contribution of international courts in furthering peace as an essential community interest
- Cecilie Hellestveit, International fact-finding mechanisms - lighting candles or cursing darkness?
- Azin Tadjdini, The constitutional dimension of peace
- Maria D. Sommardahl, Education for peace: Epilogue
- Andrej Zwitter, Christopher K. Lamont, Hans-Joachim Heintze & Joost Herman, Introduction
- Joost Herman, International law and humanitarian space in the twenty-first century: challenged relationships
- Dirk Salomons, The perils of Dunantism: the need for a rights-based approach to humanitarianism
- Emilie Kuijt, A humanitarian crisis: reframing the legal framework on humanitarian assistance
- Rotem Giladi, The utility and limits of legal mandate: humanitarian assistance, the International Committee of the Red Cross, and mandate ambiguity
- Sridhar Patnaik Dabiru, Issues of state consent and international humanitarian assistance in disasters: the work of the International Law Commission
- Heike Montag, United Nations involvement in humanitarian assistance: competences of the Security Council to face today's obstructions
- Heike Spieker, International norms informing domestic disaster response schemes
- Stefanie Jansen-Wilhelm, A duty to accept humanitarian assistance under the ICESCR
- Marlies Hesselman, Regional human rights regimes and humanitarian obligations of states in the event of disaster
- Joris Kocken, Assessing the complex normative pluralism in humanitarian crises: do local norms matter?
- Morten Broberg, Thou shall not … misappropriate humanitarian aid – on European Union humanitarian aid and the fight against corruption
- Sanne Boswijk, Developments in African disaster response law and the African Union: a view from the field
- Diana Philip, Humanitarian assistance and the right to water: an ASEAN region perspective
- Heribertus Jaka Triyana, Indonesian compliance and its effective implementation of international norms on disaster response
- Andrej Zwitter & Christopher Lamont, Enforcing aid in Myanmar: state responsibility and humanitarian aid provision
- Abel Knottnerus, The regionalization of humanitarian action: the role of the OAS
- Sandra Borda, Providing relief in times of war: the role of the ICRC in the Colombian conflict during the Uribe administration (2002–2010)
- Hans-Joachim Heintze, Humanitarian assistance and failed states: still an issue of sovereignty? The case study of Haiti
- Kubo Mačák, Principles of neutrality and impartiality of humanitarian action in the aftermath of the 2011 Libyan conflict
- Andrej Zwitter, Christopher K. Lamont, Hans-Joachim Heintze & Joost Herman, Conclusion
This book provides the first book-length, English-language account of the political ethics of large-scale, Western-based humanitarian INGOs, such as Oxfam, CARE, and Doctors Without Borders. These INGOs are often either celebrated as heroes or do-going machines or maligned as incompetents 'on the road to hell'. In contrast, this book suggests the picture is more complicated.
Drawing on political theory, philosophy, and ethics, along with original fieldwork, this book shows that while humanitarian INGOs are often perceived as non-governmental and apolitical, they are in fact sometimes somewhat governmental, highly political, and often 'second-best' actors. As a result, they face four central ethical predicaments: the problem of spattered hands, the quandary of the second-best, the cost-effectiveness conundrum, and the moral motivation trade-off.
This book considers what it would look like for INGOs to navigate these predicaments in ways that are as consistent as possible with democratic, egalitarian, humanitarian and justice-based norms. It argues that humanitarian INGOs must regularly make deep moral compromises. In choosing which compromises to make, they should focus primarily on their overall consequences, as opposed to their intentions or the intrinsic value of their activities. But they should interpret consequences expansively, and not limit themselves to those that are amenable to precise measurements of cost-effectiveness. The book concludes by explaining the implications of its 'map' of humanitarian INGO political ethics for individual donors to INGOs, and for how we all should conceive of INGOs' role in addressing pressing global problems.
Buzan & Lawson: The Global Transformation: History, Modernity and the Making of International Relations
The 'long nineteenth century' (1776–1914) was a period of political, economic, military and cultural revolutions that re-forged both domestic and international societies. Neither existing international histories nor international relations texts sufficiently register the scale and impact of this 'global transformation', yet it is the consequences of these multiple revolutions that provide the material and ideational foundations of modern international relations. Global modernity reconstituted the mode of power that underpinned international order and opened a power gap between those who harnessed the revolutions of modernity and those who were denied access to them. This gap dominated international relations for two centuries and is only now being closed. By taking the global transformation as the starting point for international relations, this book repositions the roots of the discipline and establishes a new way of both understanding and teaching the relationship between world history and international relations.
Since the end of the Cold War, crises from the Balkans to Central Asia and Africa have forced international organizations to adapt, expand, and cooperate to end civil wars, manage humanitarian challenges, and contain terrorist threats. The Power of Dependence explores the complex relationship between two of these organizations: NATO and the United Nations. It advances an innovative resource dependence approach to explain the stark variation in interorganizational cooperation, combining insights from international relations theory and organizational science in a comprehensive theoretical framework. Comparing NATO and the UN's engagement in three major post-Cold War conflicts- Bosnia, Kosovo, and Afghanistan- the study finds that the level and balance of the organizations' resource dependence plays a crucial role in shaping the degree of cooperation.
Wednesday, February 18, 2015
This year the symposium will feature several panels addressing modern international security concerns with significant, potentially unforeseen, effects on diverse fields of international law. The Symposium's panel concerning international business will consider how political instability, security conflicts, and changing borders may affect private investment rights, particularly with respect to natural resource production. Panelists will discuss how concerns about conflict and instability affect the opportunity for foreign private investors to conduct business and engage in trade in many areas of the world—such as Crimea, Iraq, and Palestine. In addition, the panel on international intervention will examine the legal issues presented by states’ and multistate organizations’ intervention in other states and attempt to answer questions such as when is it lawful to provide assistance to a certain state, or groups within a state, and when should self-determination and sovereignty be weighed against the imminent need to ameliorate instability within and between states. The Symposium's final panel of the afternoon will focus on cybersecurity and efforts currently underway in the United Nations and elsewhere to build consensus on international norms for state behavior in cyber space. Companion efforts in the Organization for Security and Cooperation in Europe and the ASEAN Regional Forum to develop regional cyber confidence measures also will be a focus of the panel.
Do principles of social justice that apply within each country also apply among nations on a global scale? If so, what are these principles? If not, what special principles of justice apply to nation states in their dealings with each other and to individuals around the globe just in virtue of their common humanity? Recent writings on justice have generated a rich, impressive and somewhat chaotic array of answers to these questions. This conference aims to explore these issues with a focus on economic trade. What is fair trade? What do individuals and countries engaged in global trade owe one another? Can we develop a plausible characterization of a just global economic order? Or are these questions misplaced or misguided? How should we frame the inquiry?
This text explores how the public purpose doctrine reconciles the often conflicting, but equally binding, obligations that states have to engage in regulatory sovereignty while honoring host-state obligations to protect foreign investment. The work examines the multiple permutations and iterations of the public purpose doctrine and concludes that this principle needs to be reconceptualized to meet the imperatives of economic globalization and of a new paradigm of sovereignty that is based on the interdependence, and not independence, of states. It contends that the historical expression of the public purpose doctrine in customary and conventional international law is fraught with fundamental flaws that, if not corrected, will give rise to disparities in the relationship between investors and states, asymmetries with respect to industrialized nations and developing states, and, ultimately, process legitimacy concerns.
- Michael Kirby, UN Commission of Inquiry on Human Rights Violations in the Democratic People's Republic of Korea: Ten Lessons
- Richard Rowe, International Law and Diplomacy: The Art of the Possible
- Kristen E Boon, Are Control Tests Fit for the Future? The Slippage Problem in Attribution Doctrines
- Marjolein Cupido, The Contextual Embedding of Genocide: A Casuistic Analysis of the Interplay Between Law and Facts
- Natalie Klein, Assessing Australia's Push Bank the Boats Policy Under International Law: Legality and Accountability for Maritime Interceptions of Irregular Migrants
- Jeffrey McGee, Liam Phelan & Joseph Wenta, Writing the Fine Print: Developing Regional Insurance for Climate Change Adaptation in the Pacific
- Ibironke T Odumosu-Ayanu, Governments, Investors and Local Communities: Analysis of a Multi-Actor Investment Contract Framework
Tuesday, February 17, 2015
- Towards an Asylum Law of armed conflicts? The Diakité judgment of the Court of Justice of the European Union and its implications
- Introduced by Marco Pertile
- Claudio Matera, Another parochial decision? The Common European Asylum System at the Crossroad between IHL and Refugee law in Diakité
- Alessandro Bufalini, Towards an Asylum Law of Armed Conflicts? The Diakité Judgment of the Court of Justice of the European Union and Its Implications
- Special Issue: International Environmental Justice and the Quest for a Green Global Economy
- Chukwumerije Okereke & Timothy G. Ehresman, International environmental justice and the quest for a green global economy: introduction to special issue
- Timothy G. Ehresman & Chukwumerije Okereke, Environmental justice and conceptions of the green economy
- Dimitris Stevis & Romain Felli, Global labour unions and just transition to a green economy
- Corina McKendry & Nik Janos, Greening the industrial city: equity, environment, and economic growth in Seattle and Chicago
- Eve Bratman, Passive revolution in the green economy: activism and the Belo Monte dam
- The Global Forum
- Jayantha Dhanapala, The 2015 Review Conference for the Treaty on the Non-Proliferation of Nuclear Weapons: A Review or a Requiem?
- Peter Tikuisis & David R. Mandel, Is the World Deteriorating?
- International Crisis Group, Response to “Is the World Deteriorating?”
- Laura Gómez-Mera, International Regime Complexity and Regional Governance: Evidence from the Americas
- Sergio Caballero Santos, Identity in Mercosur: Regionalism and Nationalism
- Lorenza B. Fontana & Jean Grugel, To Eradicate or to Legalize? Child Labor Debates and ILO Convention 182 in Bolivia
- Hany Gamil Besada & Michael Olender, Fossil Fuel Subsidies and Sustainable Energy for All: The Governance Reform Debate
- Tobias Weise, Between Functionality and Legitimacy: German Diplomatic Talk About the Opening of Intergovernmental Organizations
- Colin Alexander, Development Assistance and Communication: The Case of the Taiwan International Cooperation and Development Fund
- Touko Piiparinen, Beyond the Technological Turn: Reconsidering the Significance of the Intervention Brigade and Peacekeeping Drones for UN Conflict Management
- Frederic Lemieux, Inside the Global Policing System: Liaison Officers Deployed in Washington, DC
- Special Issue: Transitional Justice – Does It Have a Future?
- Thomas Bundschuh, Enabling Transitional Justice, Restoring Capabilities: The Imperative of Participation and Normative Integrity
- Isabel Robinson, Truth Commissions and Anti-Corruption: Towards a Complementary Framework?
- Geoff Dancy & Eric Wiebelhaus-Brahm, Bridge to Human Development or Vehicle of Inequality? Transitional Justice and Economic Structures
- Khanyisela Moyo, Mimicry, Transitional Justice and the Land Question in Racially Divided Former Settler Colonies
- Obiora Chinedu Okafor & Uchechukwu Ngwaba, The International Criminal Court as a ‘Transitional Justice’ Mechanism in Africa: Some Critical Reflections
- George N. Fourlas, No Future without Transition: A Critique of Liberal Peace
- Kris Brown & Fionnuala Ní Aoláin, Through the Looking Glass: Transitional Justice Futures through the Lens of Nationalism, Feminism and Transformative Change
- Dustin N. Sharp, Emancipating Transitional Justice from the Bonds of the Paradigmatic Transition
Conference: Regulating ‘Irregular’ Migration: International Obligations and International Responsibility
This conference aims to address the contemporary phenomenon of ‘irregular migration’ against the background of the international law, including the law of international responsibility. We will consider the relationship between the various international obligations incumbent upon states and international organizations concerning the treatment of ‘irregular migration’ and their interplay with the law of international responsibility. Special emphasis will be placed on the measures that States and organizations undertake in order to control ‘irregular migration’, the respective obligations of States and the responsibility issues that may arise.
Monday, February 16, 2015
- Luigi Ferrari Bravo, Bruxelles in Turchia
- Fabrizio Lobasso, Brevi note di diplomazia interculturale
- Articoli e Saggi
- Roberto Panizza, Quantità smisurate di denaro non regolamentato e instabilità crescente dei mercati finanziari
- Osservatorio Diritti Umani
- Silvia Contoni, La tutela internazionale del principio di uguaglianza e di non discriminazione nel processo di integrazione dello straniero
- Note e Commenti
- Giuseppe Morgese, La normativa internazionale ed europea sul diritto d’autore
- Francesca Graziani, L’adattamento dell’Italia alle norme internazionali sul divieto di tortura: una riflessione sulla proposta di legge n. 2168
- Lynette J. Chua & David Gilbert, Sexual Orientation and Gender Identity Minorities in Transition: LGBT Rights and Activism in Myanmar
- Jun Zhao, China and the Uneasy Case for Universal Human Rights
- Layna Mosley & Lindsay Tello, Labor Rights, Material Interests, and Moral Entrepreneurship
- William I. Hitchcock, The Rise and Fall of Human Rights?: Searching for a Narrative from the Cold War to the 9/11 Era
- Ekaterina Yahyaoui Krivenko, Rethinking Human Rights and Culture Through Female Genital Surgeries
- Colin Jacobsen & Daniel Maier-Katkin, Breivik’s Sanity: Terrorism, Mass Murder, and the Insanity Defense
- Linda Camp Keith, Banks P. Miller, & Jennifer S. Holmes, How Draconian Are the Changes to US Asylum Law?: A Monthly Time Series Analysis (1990–2010)
- James Ron & David Crow, Who Trusts Local Human Rights Organizations?: Evidence from Three World Regions
Conference: La Palestine : D'un État non membre de l'Organisation des Nations Unies à un État souverain ?
- Jakob Vestergaard & Robert H. Wade, Still in the Woods: Gridlock in the IMF and the World Bank Puts Multilateralism at Risk
- Robert Wolfe, An Anatomy of Accountability at the WTO
- Jorge Garcia-Arias, International Financialization and the Systemic Approach to International Financing for Development
- Theresa Robles, Regional and Multilateral Surveillance: Normative Tensions and Implications for Cooperation in East Asia
- Oscar Widerberg & Philipp Pattberg, International Cooperative Initiatives in Global Climate Governance: Raising the Ambition Level or Delegitimizing the UNFCCC?
- Denise Garcia, Killer Robots: Why the US should Lead the Ban
- Martin Calisto Friant & John Langmore, The Buen Vivir: A Policy to Survive the Anthropocene?
- David Le Blanc & Jean-Marc Coicaud, Information Revolution and International Organizations: Three Challenges for the Way Ahead
- Sven Güsmann, Thinking Outside The United Nations Box: Barriers To Creativity Within The UN System
- Xiaohe Cheng, Harmony with Diversity: Some Ignored Facts
- Ferdinand Arslanian, The Civil War in Syria: The International Dimension
- Shih-Ming Kao, International Actions Against IUU Fishing and the Adoption of National Plans of Action
- Suk Kyoon Kim, Marine Pollution Response in Northeast Asia and the NOWPAP Regime
- Elizabeth A. Kirk, The Ecosystem Approach and the Search for An Objective and Content for the Concept of Holistic Ocean Governance
- Svein Vigeland Rottem, A Note on the Arctic Council Agreements
- Kevin Baumert & Brian Melchior, The Practice of Archipelagic States: A Study of Studies
- January 26, 2015: Saira Mohamed (Univ. of California, Berkeley - Law), "Of Monsters and Men: Perpetrator Trauma and Mass Atrocity"
- February 6, 2015: Steven Ratner (Univ. of Michigan - Law), "The Thin Justice of International Law"
- February 9, 2015: Frank Garcia (Boston College - Law), "Ethical Dimensions of IMF Monetary Policy"
- February 16, 2015: David Lefkowitz (Univ. of Richmond - Philosophy), "Autonomy, Residence, and Return"
- February 23, 2015: Chantal Thomas (Cornell Univ. - Law), "The Emerging International Law of Migration"
- March 9, 2015: Andrew Altman (Georgia State Univ. - Philosophy), "Targeted Killing and Terrorism: The Problem of the Distribution of Risk"
- March 16, 2015: Ole Pedersen (Newcastle Univ. - Law), "The Project of Environmental Justice and the Discourse of International Environmental Law"
- March 23, 2015: James W. Nickel (Univ. of Miami - Law), "Personal Deserts and Human Rights"
- March 30, 2015: Gus Van Harten (Osgoode Hall Law School), "Procedural Fairness and Investment Treaty Arbitration"
- April 6, 2015: Margaret Moore (Queen's Univ. (Canada) - Political Studies), "The People, the State and Land: Theories of Territory""
- April 13, 2015: Ayelet Shachar (Univ. of Toronto - Law), "The New Gates of Admission: On Citizenship, States, and Markets"
Analyses of authority in the global realm have risen to greater prominence in recent years but many of them employ a model of ‘solid’ authority borrowed from the domestic context that focuses primarily on commands issued by single institutions. This paper argues that such approaches tend to underestimate the presence of authority in global governance and to misunderstand its nature, leading to skewed accounts of the emergence of authority and the challenges it poses. The paper develops a broader conception of authority which also includes ‘liquid’ forms – forms characterized by informality, substantive groundings, multiplicity, and significant dynamism. It outlines how such a broader account can help us to reframe the problématique of postnational governance, especially by leading us away from statist frames when confronted with the particular difficulties of authority structures which often have pervasive effects but are hard to locate and grasp.