scholarly journals War and International Adjudication: Reflections on the 1899 Peace Conference

2000 ◽  
Vol 94 (1) ◽  
pp. 4-30 ◽  
Author(s):  
David D. Caron
Keyword(s):  
Nineteenth Century ◽  
International Law ◽  
Ethical Theory ◽  
Ad Hoc ◽  
International Peace ◽  
International Court ◽  
The World ◽  
Peace And Security ◽  
Hans Kelsen ◽  
International Adjudication

In fact, the first organized communities of international law . . . are organizations the function of which is to settle conflicts.Hans KelsenBut here we shall note the recurrence of a paradox . . . . Where practice is least ethical, theory becomes most Utopian.Edward Hallett CarrThe belief that a world free of war might be possible, be more than simply a dream, is a relatively recent phenomenon. In earlier times, war—like disease—was a part of life. There existed then a fatalism about war that no doubt persists in many parts of the world today. During the nineteenth century, however, parts of the world developed a confidence in progress and a hope that progress might extend to the abolition of war. Most importantly for this essay, a popular belief circulated at the e nd of the century that the establishment of a permanent international court would be an important step toward a world free of war. Ad hoc arbitration, as distinct from adjudication by such a permanent court, was not the same and, by itself, not enough. The 1899 Peace Conference was a point of inflection, a turn in the river, in the effort to move beyond ad hoc international arbitration to adjudication by a permanent international court as a means to avoid war a nd preserve international peace and security.

scholarly journals Teaching the World Court Makes a Bad Case: Revisiting the Relationship Between Domestic Courts and the ICJ

2021 ◽  
pp. 259-280
Author(s):  
Raffaela Kunz
Keyword(s):  
International Law ◽  
Constitutional Court ◽  
International Courts ◽  
International Court ◽  
Domestic Courts ◽  
The World ◽  
Effective System ◽  
The Icj ◽  
International Adjudication ◽  
The One

AbstractSentenza 238/2014 once more highlights the important role domestic courts play in international law. More than prior examples, it illustrates the ever more autonomous and self-confident stance of domestic courts on the international plane. But the ruling of the Italian Constitutional Court (ItCC) also shows that more engagement with international law does not necessarily mean that domestic courts enhance the effectiveness of international law and become ‘compliance partners’ of international courts. Sentenza 238/2014 suggests that domestic courts, in times of global governance and increased activity of international courts, see the role they play at the intersection of legal orders also as ‘gate-keepers’, ready to cushion the domestic impact of international law if deemed necessary. The judgment of the ItCC thus offers a new opportunity to examine the multifaceted and complex role of these important actors that apply and shape international law, while always remaining bound by domestic (constitutional) law. This chapter does so by exploring how domestic courts deal with rulings of the World Court. It shows that despite the fact that in numerous situations domestic courts could act as compliance partners of the International Court of Justice, in reality, more often than not, they have refused to do so, arguing that its judgments are not self-executing and thus deferring the implementation to the political branches. Assessing this practice, the chapter argues that domestic courts should take a more active stance and overcome the purely interstate view that seems at odds with present-day international law. While it seems too far-reaching to expect domestic courts to follow international courts unconditionally, the chapter cautions that there is a considerable risk of setting dangerous precedents by openly defying international judgments. Domestic courts should carefully balance the different interests at stake, namely an effective system of international adjudication on the one hand and the protection of fundamental domestic principles on the other hand. The chapter finds that the ItCC’s attempt to reintroduce clear boundaries between legal orders lacks the openness and flexibility needed to effectively cope with today’s complex and plural legal reality.

The 1999 Eritrea–Yemen Maritime Delimitation Award And The Development of International Law

2001 ◽  
Vol 50 (2) ◽  
pp. 299-344 ◽  
Author(s):  
Nuno Sérgio Marques Antunes
Keyword(s):  
International Law ◽  
International Peace ◽  
Two Stage ◽  
Sensitive Region ◽  
Second Stage ◽  
Territorial Sovereignty ◽  
The World ◽  
Peace And Security ◽  
Dispute Settlements

The Award on Maritime Delimitation concerning the second stage of the Eritrea/Yemen case (hereinafter “Award” or “Second Award”) was delivered on 17 December 1999, pursuant to the Arbitration Agreement signed in October 1996 and following the Award on Territorial Sovereignty rendered on 9 October 1998 (hereinafter “First Award”). The two-stage settlement devised in Article 2 of the arbitral compromis bears a perceptive logic—territorial sovereignty issues precede maritime delimitation—the advantages of which makes it likely to be adopted in future similar dispute settlements. Importantly, in casu, the objective of re-establishing a peaceful relationship between the two peoples and contributing to the maintenance of international peace and security in a sensitive region of the world seems to have been attained.1

The International Court of Justice and the Law of the Sea-Some Reflections

1996 ◽  
Vol 11 (4) ◽  
pp. 491-532 ◽  
Author(s):  
Barbara Kwiatkowska
Keyword(s):  
International Law ◽  
Law Of The Sea ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The World ◽  
The Law ◽  
International Adjudication

Abstract"On the whole, the World Court has a distinguished record of achievement-even if that record is not as extensive or exemplary as one might wish. It is one of the principal tasks of the student and practitioner of international law, and, for that matter, of people the world over who are concerned with promoting a more peaceful and less lawless world, to give their critical but constructive support to the strengthening of the institutions of international adjudication, and especially the only universal such institution, the International Court of Justice." S.M. Schwebel, Justice in International Law-Selected Writings of Judge Stephen M. Schwebel (1994)

scholarly journals International Law and the War in Iraq

2003 ◽  
Vol 97 (3) ◽  
pp. 563-576 ◽  
Author(s):  
John Yoo
Keyword(s):  
United States ◽  
International Law ◽  
Security Council ◽  
Ad Hoc ◽  
Use Of Force ◽  
Armed Forces ◽  
The United States ◽  
International Peace ◽  
Peace And Security ◽  
President Bush

In his speech before the United Nations (UN) in September 2002, President George W. Bush characterized the possible use of force against Iraq as necessary to enforce existing Security Council resolutions and to eliminate a dangerous threat to international peace and security. The Security Council responded by adopting Resolution 1441, which found Iraq to be in material breach of previous Security Council resolutions and threatened serious consequences for further intransigence. When Iraq refused to fully comply with these resolutions, the United States led an ad hoc “coalition of the willing” that invaded Iraq on March 19,2003, quickly defeated Iraq’s armed forces, and ended the regime of Saddam Hussein and the Ba’ath party. On May 1,2003, President Bush announced that major combat operations in Iraq had ended. At the time of this writing, the United States has assumed the position of an occupying power that is responsible for rebuilding Iraq, as recognized by the Security Council in Resolution 1483.

Beyond Compliance: Law-Making through Latin American Cases before the World Court

2017 ◽  
Vol 16 (2) ◽  
pp. 245-263
Author(s):  
Paula Wojcikiewicz Almeida
Keyword(s):  
International Law ◽  
Latin American ◽  
Dispute Settlement ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
American States ◽  
International Court ◽  
The World ◽  
Traditional Function ◽  
International Adjudication

Abstract Departing from a contemporary approach to international adjudication, this article aims to evaluate, firstly, the limits of compliance and its residual character when assessing the effectiveness of the International Court of Justice with regards to Latin American states. Secondly, it deals with the importance of going beyond the traditional function of inter-state dispute settlement to assess the contribution of Latin American states to international law through cases submitted to the Court, independently from case-specific compliance. This is because a judgment that has not been complied with may substantially contribute to international law and produce important impacts on domestic authorities. Latin American cases constitute an example of this phenomenon.

Disarmament

2008 ◽  
pp. 286-299
Author(s):  
Keith Krause
Keyword(s):  
International Relations ◽  
Arms Control ◽  
Land Mines ◽  
International Peace ◽  
Small Arms ◽  
The World ◽  
Peace And Security ◽  
World Organization ◽  
Light Weapons

This article evaluates the achievements and limitations of the world organization in the field of disarmament. It stresses the role of the UN as part of the efforts to control arms as a way to achieve international peace and security. It also notes specific cases where progress was achieved or not, as well as the more recent efforts to handle the problems of anti-personnel land mines and small arms and light weapons. The article also tries to draw out some of the broader implications for international relations of the UN experience with formal multilateral arms control, among others.

National Judges and Judges Ad Hoc of the International Court of Justice

1999 ◽  
Vol 48 (4) ◽  
pp. 889-900 ◽  
Author(s):  
Stephen M. Schwebel
Keyword(s):  
Advisory Committee ◽  
Ad Hoc ◽  
Fundamental Problem ◽  
International Justice ◽  
State Party ◽  
International Court Of Justice ◽  
International Courts ◽  
Court Of Justice ◽  
International Court ◽  
The World

When the Statute of the Permanent Court of International Justice was drafted by an Advisory Committee of Jurists in 1920, a paramount question was, should a judge of the nationality of a State party to the case sit?The sensitivity of the issue was encapsulated by a report of a committee of the Court in 1927 on the occasion of a revision of the Rules of Court. It observed that: “In the attempt to establish international courts of justice, the fundamental problem always has been, and probably always will be, that of the representation of the litigants in the constitution of the tribunal. Of all influences to which men are subject, none is more powerful, more pervasive, or more subtle, than the tie of allegiance that binds them to the land of their homes and kindred and to the great sources of the honours and preferments for which they are so ready to spend their fortunes and to risk their lives. This fact, known to all the world, the [Court's] Statute frankly recognises and deals with.”1

Security Council

1963 ◽  
Vol 17 (1) ◽  
pp. 226-230
Keyword(s):  
United States ◽  
Soviet Union ◽  
International Law ◽  
Security Council ◽  
The United States ◽  
United States Government ◽  
The Soviet Union ◽  
The World ◽  
Peace And Security ◽  
States Government

The Security Council discussed this question at its 1022nd–1025th meetings, on October 23–25, 1962. It had before it a letter dated October 22, 1962, from the permanent representative of the United States, in which it was stated that the establishment of missile bases in Cuba constituted a grave threat to the peace and security of the world; a letter of the same date from the permanent representative of Cuba, claiming that the United States naval blockade of Cuba constituted an act of war; and a letter also dated October 22 from the deputy permanent representative of the Soviet Union, emphasizing that Soviet assistance to Cuba was exclusively designed to improve Cuba's defensive capacity and that the United States government had committed a provocative act and an unprecedented violation of international law in its blockade.

Islamic State: Understanding the Nature of the Beast and Its Funding

2017 ◽  
Vol 4 (1) ◽  
pp. 18-49 ◽  
Author(s):  
Michaela Martin ◽  
Hussein Solomon
Keyword(s):  
Middle East ◽  
Terrorist Group ◽  
Al Qaeda ◽  
Islamic State ◽  
Annual Income ◽  
International Peace ◽  
Holy War ◽  
World Today ◽  
The World ◽  
Peace And Security

The Islamic State (IS) took the global stage in June 2014 and since has become one of the greatest threats to international peace and security. While initially closely affiliated with Al-Qaeda, the IS has proved itself to be a distinct phenomenon of horror—more dangerous than Al-Qaeda. The group essentially established itself in the volatile Middle East, but has infiltrated many parts of the world with the aim of expanding Islam’s Holy War. What certainly makes the IS different from its predecessors is that the group has been labeled the wealthiest terrorist group in the world today. By the fall of 2015, IS generated an annual income of US$2.4 billion. The question for many analysts observing the situation in Syria is: where does the IS gets its money? The aim of this article is to critically observe the nature of IS and its funding requirements and the measures pursued in curtailing the group’s funding.

The Dynamics of International Law in a Globalised World

2016 ◽  
Author(s):  
Matthias Herdegen
Keyword(s):  
Human Rights ◽  
International Law ◽  
Good Governance ◽  
Driving Forces ◽  
International Agreements ◽  
Democratic Legitimacy ◽  
International Peace ◽  
Economic Stability ◽  
Peace And Security ◽  
Global Spread

In the process of globalisation, international law plays a crucial and ambivalent role. It is one of the driving forces behind the integration of markets, expanding standards of human rights and good governance as well as mechanisms for international peace and security. International law also responds to a globalised world which catalyses not only universal ethics, but also the global spread of risks to political and economic stability. "Evolutive interpretation" of international agreements affects traditional concepts of sovereignty and democratic legitimacy. It enhances the power of technocratic elites. At the same time, we witness an intensive interplay between the different sectors of international law; new layers of 'hard' and 'soft' normativity as well as intriguing forms of legal pluralism.

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