Journal Service - Georg-August-Universität Göttingen
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Missed Communications and Miscommunications: International Courts, the Fragmentation of International Law and Judicial Dialogue
No full textThe increase in the number of international judicial bodies has led to different international courts deciding similar issues of international law. There is the real possibility that these international judicial bodies, not subject to the supervision of a common appeal court, may rule differently on similar questions before them. While this fragmentation of decision-making may undermine the coherency and certainty of the international legal system, it may in some cases be in the interests of the international community, including where divergences in decision-making are the result of specialized regimes or where there is progressive development of the law. So that fragmentation is limited to what is beneficial and necessary for the international community, it is essential that international judicial bodies are in open and structured dialogue with one another. This analysis considers three scenarios of overlapping decision-making, over the course of the lives of two sets of international courts: the International Court of Justice, and the international criminal courts and tribunals. It also considers the recent decision of the International Criminal Court with respect to Palestine and the Court’s refusal to weigh in on questions of general international law, in apparent departure from the previous three examples. It is submitted that these examples demonstrate that insufficient attention is given by these international judicial bodies to the issue of judicial dialogue and its importance. This may undermine the legitimacy of the system and introduce the risks of fragmentation without its benefits.Keywords: fragmentation, international law, international court, international criminal law, judicial dialogue, customary international la
Military Intervention on Request in Jus Ad Bellum and Jus In Bello and the question of recognition of governments
No full textOver the past decades, foreign interventions in internal conflicts upon the request of host governments have turned into a common practice. These instances have proved to be particularly challenging both from a jus ad bellum and a jus in bello point of view. On the one hand, it is often unclear whether the intervention is lawful; on the other hand, the classification of these armed conflicts is equally problematic. In both cases, the key to answer these questions is the identification of the organ capable of speaking on behalf of the state: who is the government? Considering the pivotal relevance of the identification of the government both in jus ad bellum and jus in bello, it is crucial to determine the criteria for identifying the authority capable of issuing a valid invitation. This article seeks to clarify these criteria. Ultimately, it will demonstrate that jus ad bellum and jus in bello reach different conclusions on the matter and it will argue that this should not be the case
Francis Augustus Silva - A Life
No full textA recent reviewer labelled Francis Augustus Silva a ‘minor league’ artist. It is true that although his works are still respected by experts, his is not a household name with the general public. Among the former he is best known for his careful attention to detail and his treatment of light; and yet, not much is known about him and his inner life. Born two years before Emerson’s American Scholar, Silva grew during one of the formative periods of a distinctive American cultural identity, and his art can be said to reflect this. In his later years, however, Silva witnessed the rise of a new generation of American painters again looking to Europe for inspiration. The years following the end of the Civil War had crushed the early optimism but Silva did not stray from the path. His art kept true to the influence of emotion and the search for harmony with Nature, not just as a manifestation of his convictions but also as an attempt to find a place of solace, and might be our best guide to learning more about him and his personal convictions. Nonetheless, a close reading of some of his life’s events and interactions allows some clarification and a better understanding of this painter
A Cold Civil War? French Historian Pap Ndiaye and American novelist Jake Lamar discuss racial turmoil in the USA and its echoes in France
No full textOn February 1, 2022, the American Library in Paris launched its Black History Month program with a conversation between two well-known figures in France’s international Black community. Pap Ndiaye is a historian of French and Senegalese descent. As a professor at Sciences Po, he popularized the study of race and identity in French academia, most notably with his book La Condition noire. In 2021, he was appointed direc- tor of the National Museum of the History of Immigration in Paris. Jake Lamar is an African American writer who has lived in Paris since 1993. He is the prize-winning author of a memoir, seven novels and a play and teaches creative writing at Sciences Po. What follows are edited excerpts of their exchange
Climate Crisis and Writing in the Anthropocene: An Interview with Kim Stanley Robinson
No full textAmerica faces a crisis it shares with the rest of the world: the ecological crisis of accelerating climate change caused by human activity in the Anthropocene. I interviewed renowned science fiction author Kim Stanley Robinson who has been thinking about possible ways to address global warming for decades. His work, which comprises novels like Ministry of the Future, New York 2140, and the Mars trilogy, prominently engages with late capitalism, ecological crises and how complex systemic problems might be addressed through exist- ing technologies and regulatory mechanisms that are already within reach. Though his novels feature darkly cataclysmic moments, his writing does not predominantly dwell on the dystopian but is remarkable for a distinct utopian impulse and a pragmatic search for technoscientific solutions
In re Anastaplo Revisited - A Half Century Later
No full textA sitting US Federal Judge re-examines the 50 year old supreme court case In Re Anastaplo.