Derecho Internacional

7th Chautauqua Declaration

Posted on Actualizado enn

In the spirit of humanity and peace the assembled current and former international prosecutors here at the Chautauqua Institution…

Recognizing the continuing need for justice and the rule of law as the foundation to international peace and security, and cognizant of the legacy of all those who preceded us at Nuremberg and elsewhere:
Commending Ms. Shabana Basij-Rasikh as the fifth recipient of the Joshua Heintz Humanitarian Award for her important and impressive work in Afghanistan;

Noting with grave concern the recent developments in the Middle East and North Africa and the need for compliance with international humanitarian law and for accountability for crimes committed against civilians and non-combatants, particularly, in light of the alleged use of chemical weapons in Syria; Leer el resto de esta entrada »

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Promoting the Rule of Law from a Practice Perspective

Posted on Actualizado enn

The American Bar Association Section of International Law just published a volume I edited entitled Promoting the Rule of Law: A Practicioner’s Guide to Key Issues and Developments. Chapter contributors include IntLawGrrls Fionnuala Ni Aolain and Patricia O’Brien, as well as Martin Schoenteich, Hassane Cisse, David Stewart, Renaud Sorieul, Colette Rausch and Thomas Nachbar, with a foreword by Justice Richard Goldstone.

Now more than ever, there is a consensus around the ideal of the rule of law and the centrality of its contribution to the development of democratic, prosperous, peaceful, inclusive and secure societies. This book explores many facets of this mandate by looking at the different actors involved in rule of law work, the origins and evolution of this mandate, the role of rule of law in fostering economic development, fostering rule of law in conflict and post conflict settings and the different elements of designing and implementing rule of law missions around the globe. As it does so, this book also addresses the meaning or, rather, the various meanings of rule of law. Leer el resto de esta entrada »

Call for Papers: Young Scholars Workshop on International Law

Posted on Actualizado enn

Africa 2013 – Was There Something Missed in the Decolonization Process?
The International Law Perspective
Trento, 6-7 December 2013

The initiative
The Young Scholars Workshop on International Law is a periodic initiative taking place in Italy since 2003. It is aimed at providing a critical discussion forum in which early career academics, doctoral students, and young legal professionals are encouraged to present their research on specific topics of international law. The XI edition of the Workshop will be hosted by the Faculty of Law of the University of Trento.

Theme for the 2013 Workshop
The decolonization of Africa has been praised (including by several African States) as a success story of the United Nations. Nevertheless, recent phenomena of relevance for international law may cast shadows over this suggestion, especially if the decolonization process is considered from a broader economic, cultural and institutional perspective. More than half a century from the adoption of the fundamental General Assembly resolutions on self-determination and on the 50th anniversary of the establishment of the OAU, the call for papers intends to address a fundamental research question: Has formal independence released African States from patterns of dominance by former colonial powers, other States, and transnational corporations? Leer el resto de esta entrada »

Malatesta & Sali: The Rise of Transparency in International Arbitration

Posted on Actualizado enn

The advantages of arbitration as the main alternative means of dispute resolution are well known and undisputed. Privacy and confidentiality are among them and at the same time among the prevailing features of any arbitral proceedings. However, sometimes users have the feeling to deal with a close and too slow-growing world. The need, if not the request, for a greater accountability of the arbitral world in the whole is more and more widespread.

In this context the aim of this book is on the one hand to spur discussion and to shed new light on the traditional idea of confidentiality in international commercial arbitration (and in some other figures alike). Although this idea is sometimes founded upon sound reasons that cannot be ignored or totally set aside, it must be reconsidered by taking into account the rise of transparency. Leer el resto de esta entrada »

Hilpold: The League of Nations and the Protection of Minorities – Rediscovering a Great Experiment

Posted on Actualizado enn

Peter Hilpold (Univ. of Innsbruck – Law) has posted “The League of Nations and the Protection of Minorities – Rediscovering a Great Experiment” (Max Planck Yearbook of United Nations Law, forthcoming). Here’s the abstract:

The First World War led to far-reaching borders changes in Europe. As a consequence, a series of new minorities was created. In order to make sure that these minorities were treated properly and to avoid the creation of new national conflicts several states had to assume obligations for the protection of these minorities. The whole system was put under the guarantee of the League of Nations. The resulting system was an extraordinary experiment. The basis for human rights protection that should start after the Second World War was formed. The resulting system caught enormous academic interest in that time. With the failure of this system interest for the League´s minority protection rules stopped nearly at once. When interest for minority protection started again, this time at the UN level, it seemed that a wholly new basis had been found and that the inter-war experiment had been totally futile. Leer el resto de esta entrada »

Crawford: State Responsibility: The General Part

Posted on Actualizado enn

James Crawford (Univ. of Cambridge – Law) has published State Responsibility: The General Part (Cambridge Univ. Press 2013). Here’s the abstract:

Annexed to GA Resolution 56/83 of 2001, the International Law Commission’s Articles on Responsibility for Internationally Wrongful Acts put the international law of responsibility on a sound footing. As Special Rapporteur for the second reading, James Crawford helped steer it to a successful conclusion. With this book, he provides a detailed analysis of the general law of international responsibility and the place of state responsibility in particular within that framework. It serves as a companion to The International Law Commission’s Articles on State Responsibility: Introduction, Text and Commentaries (Cambridge University Press, 2002) and is essential reading for scholars and practitioners concerned with issues of international responsibility, whether they arise in interstate relations, in the context of arbitration or litigation, or in bringing international claims.

Source: International Law Reporter

Buchan: International Law and the Construction of the Liberal Peace

Posted on Actualizado enn

Russell Buchan (Univ. of Sheffield – Law) has published International Law and the Construction of the Liberal Peace (Hart Publishing 2013). Here’s the abstract:

This book argues that since the end of the Cold War an international community of liberal states has crystallised within the broader international society of sovereign states. Significantly, this international community has demonstrated a tendency to deny non-liberal states their previously held sovereign right to non-intervention. Instead, the international community considers only those states that demonstrate respect for liberal democratic standards to be sovereign equals. Indeed the international community, motivated by the theory that international peace and security can only be achieved in a world composed exclusively of liberal states, has engaged in a sustained campaign to promote its liberal values to non-liberal states. This campaign has had (and continues to have) a profound impact upon the structure and content of international law. Leer el resto de esta entrada »