scholarly journals Democratic Legitimacy between Port-au-Prince and Cairo: A Reply to Erika de Wet

AJIL Unbound ◽  
2014 ◽  
Vol 108 ◽  
pp. 208-212 ◽  
Author(s):  
Jure Vidmar
Keyword(s):  
Cold War ◽  
International Law ◽  
Political System ◽  
Democratic Legitimacy ◽  
Post Cold War ◽  
Legal Scholarship ◽  
Democratic Government ◽  
Normative Force ◽  
Per Se ◽  
Definition Of

In the 1990s, international legal scholarship was marked by democratic idealism and the belief that democracy had become the only legitimate political system. The more radical proposals even speculated about legality of pro-democratic intervention. Such re-conceptualizations of international law were met with determined criticism. However, even skeptical voices were willing to admit that democracy nevertheless did have some limited normative force in post-Cold War international law. While it would be an exaggeration to say that nondemocratic governments are illegitimate per se, a consensus started to emerge that international law prohibited at least a coup against a democratic government. In the absence of a workable definition of substantive democracy for international law purposes, a democratic government was understood as an authority which comes to power in an electoral process that is reasonably free and fair.

2 The Authority Entitled to Extend an Invitation for Direct Military Assistance

2020 ◽  
Author(s):  
De Wet Erika
Keyword(s):  
Cold War ◽  
Natural Resources ◽  
International Law ◽  
International Organizations ◽  
Armed Conflict ◽  
Democratic Legitimacy ◽  
Effective Control ◽  
Military Assistance ◽  
Post Cold War ◽  
Incumbent Regime

This chapter determines the authority that is required to extend an invitation for direct military assistance by forces of land, air, or sea. In so doing, it departs from the well-established principle in international law that the competence to request either direct military assistance or indirect military assistance rests with the de jure government. This is the authority whose representatives are accepted in international organizations, that accredits ambassadors, can legally enter into treaties, and can legally dispose of the state’s assets and natural resources. The chapter then identifies the criteria for the recognition of the de jure government. These criteria include in particular the traditional requirement of effective control as well as that of democratic legitimacy. In the post-Cold War era the latter has gained prominence in particular within the OAS and the AU. Once an authority is recognized as the de jure government, this triggers a strong presumption of continued de jure status. The fact that the de jure government would subsequently be confronted with an insurgency, and/or be embroiled in a sustained armed conflict with opposition groups, would not in and of itself lead to a loss of its de jure status. However, the question arises as to whether the presumption of continued recognition has any relevance in situations where the incumbent regime no longer is identifiable, or where it is challenged by an authority that claims to be democratically legitimated.

The Humdrum Use of Ultimate Authority: Defining and Analysing Chapter VII Resolutions

2009 ◽  
Vol 78 (3) ◽  
pp. 309-342 ◽  
Author(s):  
Patrik Johansson
Keyword(s):  
Cold War ◽  
United Nations ◽  
Security Council ◽  
Security Council Resolution ◽  
Post Cold War ◽  
Standard Definition ◽  
The Status ◽  
Definition Of ◽  
The Cold War ◽  
Business As Usual

AbstractUnder Chapter VII of the Charter of the United Nations, the Security Council has the unique authority to make decisions that are binding on member states. However, the lack of a standard definition of what makes a Security Council resolution "a Chapter VII resolution" has caused disagreement regarding the status of several resolutions. This is unfortunate as the international community should never have to doubt whether a Security Council resolution is in fact adopted under Chapter VII or not. It is also unnecessary. This article addresses this problem by proposing a definition of Chapter VII resolutions, based on two criteria referred to as "Article 39 determinations" and "Chapter VII decisions". On the basis of the proposed definition, the article describes and analyses a dramatic increase in the use of Chapter VII during the post-Cold War era. It concludes that as Chapter VII has come to constitute the majority of Security Council resolutions in recent years, the resort to Chapter VII no longer signifies exceptional determination and resolve, which it did during the Cold War; instead Chapter VII today implies business as usual. An appendix lists all Chapter VII resolutions from 1946–2008.

Part 2 The Post-Cold War Era (1990–2000), 47 The Kosovo Crisis—1999

2018 ◽  
Author(s):  
Franchini Daniel ◽  
Tzanakopoulos Antonios
Keyword(s):  
Cold War ◽  
International Law ◽  
Humanitarian Intervention ◽  
Use Of Force ◽  
International Community ◽  
Post Cold War ◽  
Humanitarian Crises ◽  
Cold War Era ◽  
Nato Intervention

This contribution discusses the forcible intervention by NATO against Serbia in 1999 in response to the situation in Kosovo. It sets out the facts and background of the crisis, along with the legal positions of the main protagonists and the reactions of the international community. It then proceeds to survey the debates surrounding the legality of the intervention and to assess the soundness of the legal justifications put forward by states and authors. Finally, it discusses the precedential value of the intervention, especially in view of claims of the existence or emergence of a rule or principle of international law permitting the unilateral use of force in response to humanitarian crises. The contribution concludes that the NATO intervention has significant precedential value in that it confirms the unlawfulness of forcible unilateral humanitarian intervention.

Part 1 The Cold War Era (1945–89), 13 The Intervention in Czechoslovakia—1968

2018 ◽  
Author(s):  
Hafner Gerhard
Keyword(s):  
Cold War ◽  
Soviet Union ◽  
International Law ◽  
Political System ◽  
The Political ◽  
Leading Role ◽  
The Soviet Union ◽  
Valid Consent ◽  
The Cold War

This contribution discusses the intervention of five member states of the Warsaw Pact Organization under the leading role of the Soviet Union in the CSSR in August 1968, which terminated the “Prague Spring” in a forceful manner. After presenting the facts of this intervention and its reasons, it describes the legal positions of the protagonists of this intervention as well as that of the states condemning it, as presented in particular in the Security Council. It then examines the legality of this intervention against general international law and the particular views of the Soviet doctrine existing at that time, defending some sort of socialist (regional) international law. This case stresses the requirement of valid consent for the presence of foreign troops in a country and denies the legality of any justification solely based on the necessity to maintain the political system within a state.

scholarly journals After International Law: Anthropology Beyond the “Age of Human Rights”

AJIL Unbound ◽  
2021 ◽  
Vol 115 ◽  
pp. 289-293
Author(s):  
Mark Goodale
Keyword(s):  
Human Rights ◽  
Cold War ◽  
International Law ◽  
Local Level ◽  
Collective Identities ◽  
Post Cold War ◽  
Legal Norms ◽  
Anthropological Research ◽  
Legal Strategies ◽  
The Cold War

This essay examines the ways in which anthropologists have tracked the rise and fall of international law after the end of the Cold War. It argues that anthropological research has made important contributions to the wider understanding of international law as a mechanism for social and political change, a framework for protecting vulnerable populations, and a language through which collective identities can be expressed and valorized. Yet, over time, international law has lost many of these expansive functions, a shift that anthropologists have also studied, although with greater reluctance and difficulty. The essay explains the ways in which particular categories of international law, such as human rights and international criminal justice, grew dramatically in importance and power during the 1990s and early 2000s, a shift whose complexities anthropologists studied at the local level. As the essay also explains, anthropological research began to detect a weakening in human rights implementation and respect for international legal norms, a countervailing shift that has broader implications for the possibilities for international cooperation and the resolution of conflicts, among others. At the same time, the retreat of international law from its highpoint in the early post-Cold War years has given way to the reemergence of non-legal strategies for advancing change and accounting for past injustices, including strategies based on social confrontation, moral shaming, and even violence.

scholarly journals Global History and International Relations:

2019 ◽  
Vol 14 (3) ◽  
Author(s):  
Anelise Freitas Pereira Gondar ◽  
Aline Duarte da Graça Rizzo
Keyword(s):  
Cold War ◽  
International Relations ◽  
Latin American ◽  
International System ◽  
World Order ◽  
Global History ◽  
Post Cold War ◽  
Basic Assumptions ◽  
American Perspective ◽  
Definition Of

The Post-Cold War world order fueled discussions in the field of Humanities on theoretical and methodological resources in the very attempt to understand and explain the increasingly multi-polarized and complex international system. While considering the field of History — especially in its attempt to theoretically and methodologically cross borders — and while being active in the field of International Relations, we see possibilities of fruitful encounters between both areas of research, particularly when it comes to recent discussions on what came to be called in the 1990s “global history”. The article initially presents a conceptual definition of global history; then moves on to underpin its claim that History and IR areentangled disciplines that, despite different theoretical points of departure, not only share similar basic assumptions (state-centrism and the Western intellectual framework of thought) but also have been sharing similar intellectual preoccupations. In the third part, we explore possibilities of writing global history from the Latin-American perspective by discussing three recent contributions to the field. Finally, the text briefly enunciates possibilities of mutual enlightenment between the disciplinary fields of History and IR based on the idea of Global IR.

Collective Security

2014 ◽  
Author(s):  
Ademola Abass
Keyword(s):  
Cold War ◽  
United Nations ◽  
International Law ◽  
Collective Security ◽  
General Sense ◽  
Regional Organizations ◽  
The United Nations ◽  
Definition Of ◽  
The Cold War

The term collective security in a general sense is given many understandings both professional and nonprofessional. The phrase is sometimes used to describe the organization of security on a “collective” basis. Often, it is used to denote the “collective organization” of security. While neither of these uses is inherently wrong, neither succinctly captures what “collective security” implies when used by international lawyers. In international law, collective security is a term connoting something more dense and intricate, and much more slippery, than the above more straightforward expressions. The notion of collective security, its premise, and objectives are deeply contested by states and scholars. It is universally acknowledged that collective security is today organized under the United Nations; however, regional organizations, which used to focus primarily on economic matters, have attained greater prominence in collective security efforts especially since the end of the Cold War. This article examines the definition of collective security, its features and objectives, the actors that have the responsibility for operating it globally and regionally, its various manifestations, its limitations and, above all, its role in future.

Irresolvable Norm Conflicts in International Law

2017 ◽  
Author(s):  
Valentin Jeutner
Keyword(s):  
International Law ◽  
Practical Investigations ◽  
Legal Scholarship ◽  
Limited Ability ◽  
Legal Norms ◽  
The Third ◽  
Decision Making Processes ◽  
Legal Actor ◽  
Definition Of ◽  
Law Making

Conventionally, international legal scholarship concerned with norm conflicts focusses on identifying how international law can or should resolve them. This book adopts a different approach. It focusses on identifying those norm conflicts that law cannot and should not resolve. The book offers an unprecedented, controversial, yet sophisticated, argument in favour of construing such irresolvable conflicts as legal dilemmas. Legal dilemmas exist when a legal actor confronts a conflict between at least two legal norms that cannot be avoided or resolved. Addressing both academics and practitioners, the book aims to identify the character and consequences of legal dilemmas, to distil their legal function within the sphere of international law, and to engender and contribute to serious theoretical and practical investigations into the conditions that lead to a legal dilemma. The argument unfolds in three parts. The first part proposes a definition of legal dilemmas and distinguishes the term from numerous related concepts. Based on this definition, the second part scrutinises international law’s contemporary norm conflict resolution and accommodation devices in order to identify their limited ability to resolve certain kinds of norm conflicts satisfactorily. Against the background of the limits identified in the second part, the third part outlines and evaluates the book’s proposed method of dealing with legal dilemmas. In contrast to conventional approaches that recommend dealing with irresolvable norm conflicts by means of non liquet declarations, judicial law-making or balancing test, the book’s proposal envisions that irresolvable norm conflicts are dealt with by judicial and sovereign actors in a complementary fashion. According to the proposal, judicial actors should openly acknowledge irresolvable conflicts and sovereign actors should decide with which norm they will comply. Subsequently, judicial actors should hold the sovereign actor responsible for the violation of any prescriptive norm the sovereign chose to impair. The book concludes with the argument that analysing various aspects of international law through the lenses of the concept of a legal dilemma enhances international law’s conceptual accuracy, facilitates more legitimate decision-making processes and maintains international law’s dynamic responsiveness.

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