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Political theorists have for the most part focused on the state when thinking about how to make countries work better for their populations. This has naturally led to a concern with state-society relations, how governments are chosen and run, and institutions. There is wide consensus that social contracts play the central role in state building.
This thinking has heavily influenced how the international community approaches fragile states, post-conflict situations, and transitions as well as development in general. As the OECD/DAC explained in Concepts and Dilemmas of State Building in Fragile Situations:
Fragility arises primarily from weaknesses in the dynamic political process through which citizens’ expectations of the state and state expectations of citizens are reconciled and brought into equilibrium with the state’s capacity to deliver services. Reaching equilibrium in this negotiation over the social contract is the critical if not sole determinant of resilience, and disequilibrium the determinant of fragility. Leer el resto de esta entrada »
With the 2013 BRICS Summit wrapping up this week, Brazil’s role on the international stage is getting plenty of attention. OpenCanada talked to experts about Brazil’s influence on the normative development of ‘Responsibility to Protect’, specifically, its advocacy of RwP, or “Responsibility While Protecting.” As the developing world becomes increasingly vocal in international debates on intervention policy, understanding where views are split will likely prove critical to making progress. In the articles below, you’ll find out how R2P and RwP fit in architecture of intervention, and whether Brazil’s contribution is a constructive or potentially harmful one.
An international seminar entitled “Interfaces between International and National Legal Orders: An International Rule of Law Perspective” was held on 14-15 March 2013 in Amsterdam. The seminar was organized by the Amsterdam Center for International Law (ACIL), where I am a researcher, and sponsored by the Hague Institute for the Internationalisation of Law (HiiL).
The seminar explored the evolving “interfaces” between international and national legal orders from the perspective of the international rule of law. The interfaces between international and national legal orders are the points where the actors, norms and procedures which form and maintain the two legal orders interact with one another. These interfaces have significantly evolved due to the extension of the subject matter of international law and its impact on domestic regulatory policies.
International legal scholarship has produced extensive studies to capture the inter-order interfaces primarily from the perspective of national rule of law. Much less recognized is the international perspective; namely, the impact of national law on the rule of law within the international legal order. Leer el resto de esta entrada »
A European Law of International Responsibility? The Articles on the Responsibility of International Organizations and the European Union
University of Manchester – School of Law; University of Amsterdam
March 20, 2013
V. Kosta, N. Skoutaris and V. Tzevelekos (eds.), The EU Accession to the ECHR (Hart, 2014), Forthcoming
Amsterdam Law School Research Paper No. 2013-19
Amsterdam Center for International Law No. 2013-04
The first section of this paper will briefly describe the plea made by the European Union for recognition of special rules of responsibility for regional economic integration organizations, with an emphasis on rules on attribution (Part 1). The paper will then critically evaluate this claim and the way it was addressed by the ILC in its work on the Articles on the Responsibility of International Organizations (Part 2). Arguing that the Articles on the Responsibility of International Organizations leave enough room for the development of rules of international responsibility specific to regional economic integration organizations, the paper will then evaluate the possible source for such special rules and gauge the value of EU law for the sake of the lex specialis principle (Part 3).
The paper will finally turn to the draft agreement on the accession of the EU to the European Convention on Human Rights (ECHR) and will reflect on the extent to which the mechanism set up on that occasion could be conducive to the emergence of special rules of international responsibility for the EU (Part 4).
Source: Social Science Research Network
The Proposed International Criminal Chamber Section of the African Court of Justice and Human Rights: A Legal Analysis
Martin Walela Matasi, University of New England (Australia)
Jürgen Bröhmer, Murdoch University
March 20, 2013
The proposed international criminal section, though a novel idea in the regionalisation of international criminal law, its timing is suspect. Suspect because the said section only comes at a time when the International Criminal Court (ICC) has set upon Africa as its focal point in dealing with war crimes, crimes against humanity and other international crimes stipulated in the Rome Statute. This article attempts an analysis regarding the amendments proposed in the Protocol establishing the African Court of Justice and Human Rights relating to the international criminal chamber.
Source: Social Science Research Network
The European Society of International Law Interest Group on Business and Human Rights has issued a call for papers for a panel during the 5th ESIL Research Forum in Amsterdam. Here’s the call:
The European Society of International Law (ESIL) Interest Group on Business and Human Rights is calling for papers for its panel on 23 May 2013 at the 5th ESIL Research Forum, Amsterdam. Following the overarching theme of the Research Forum, International Law as a Profession, we invite papers addressing contemporary issues in the field of business and human rights which consider practical challenges in this context. Papers may consider (but are not limited to) the following perspectives:
- Advocacy: how can the business and human rights agenda be promoted through lobbying for or against regulation? How does the process of evidence gathering with regard to the lack of corporate compliance with human rights take place? How do practitioners engage with state and non-state actors to move the agenda forward?
- Litigation: how may practitioners take a corporation to court? What are the legal and procedural obstacles in different jurisdictions? What is the future of US litigation after Kiobel? What are the European alternatives?
- Policy and law making: how may international rules in this context be drafted and passed through national and international institutions? Papers considering this dimension may specifically refer to the national implementation and action plans and processes for the Ruggie framework which are currently taking place in various countries. Leer el resto de esta entrada »
Martins Paparinskis (Univ. of Oxford – Law) has posted Investment Treaty Arbitration and the (New) Law of State Responsibility (European Journal of International Law, forthcoming). Here’s the abstract:
The case study of investment treaty arbitration provides an opportunity to examine whether and how the invocation of responsibility by a non-state actor has affected secondary rules of state responsibility. This article takes the analytical perspective of investors, capable of being perceived as right-holders (by reference to human and consular rights), beneficiaries (by reference to the law of treaties rules on third states), or agents (by reference to diplomatic protection). The shift from the state to the investor as the entity invoking responsibility for the breach of investment treaties seems to have influenced the law of state responsibility in a number of distinct ways. The apparent disagreement about the law of state responsibility may sometimes properly relate to questions of treaty interpretation, while in other cases rules from an inter-state context are applied verbatim. Leer el resto de esta entrada »