Journal Service - Georg-August-Universität Göttingen
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1022 research outputs found
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Introduction: Sharing Space? Sharing Culture? Applied Experiments in Music-Making Across Borders
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JSTOR link to article (restricted access) - https://www.jstor.org/stable/2656297
Reviving the Mukhammas and Thaq?l: Collaborative Composition on Long Metric Cycles Across the Iranian-Tajik Divide
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JSTOR link to article (restricted access) - https://www.jstor.org/stable/2656298
James G. Mansell, The Age of Noise in Britain: Hearing Modernity (2017)
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JSTOR link to article (restricted access) - https://www.jstor.org/stable/2656298
Constitutionalism and the Mechanics of Global Law Transfers
No full textThis article explores rule of law transfers from an international perspective. Basedon the observation that the proposal of an emerging international constitutionalorder seems to have lost momentum this article emphasizes a global legalreality that is characterized by a complex and rather non-hierarchical interplaybetween various (fragmented) international legal orders and suborders as wellas national legal orders. This article discusses four legal mechanisms that are ofpivotal relevance with respect to global rule of law transfers. These mechanismsinclude, first, so-called “hinge provisions” as doorways between different legalorders, second, harmonious interpretation as a legal tool of integration, thirdthe sources of international law enabling transmission of norms and providing aframework for judicial interaction and, fourth, judicial dialogue as an informalmeans of rule of law transfer
The Rule of Law à la ICTY: What the ICTY Deemed Just Good Enough and how it Supported the Countries in the Former Yugoslavia to Become Better
No full textThe ICTY was established as a criminal tribunal that would conduct prosecutionsand trials addressing international crimes committed in the former Yugoslaviaduring the wars in the 1990s. Next to this core mandate, the Tribunalincreasingly placed itself in the context of rule of law promotion, the triggerbeing its completion strategy and the insertion of Rule11bis into its Rules ofProcedure and Evidence. Rule 11bis foresaw the possibility to refer cases fromThe Hague to national courts. In order to help prepare national justice systemsfor receiving these cases, the ICTY initiated a number of rule of law promotionmeasures, albeit without having officially defined the ‘rule of law’ for itself, letalone having formulated a policy for systematic rule of law promotion. Based ona comprehensive case law, discourse, and document analysis, this contribution,however, puts together a mosaic of rule of law elements recommended bythe ICTY, effectively resembling a definition. This definition has a normativedimension that concerns the legislative framework of a country, an institutionaldimension that prescribes rules for the functioning of its justice institutions, anda cultural dimension, requiring that the rule of law be ideologically embraced bypeople and State representatives. As the ICTY’s rule of law promotion activitiesreflect what it deemed relevant in the rule of law at the respective time, itbecomes clear that the Tribunal took this definition as a basis for its efforts inthe countries of the former Yugoslavia. Three examples will demonstrate this.Overall, this piece contributes to understanding the legal and normative basesof the ICTY’s efforts at strengthening the rule of law in post-conflict formerYugoslavia
International Investment Law and the Rule of Law
No full textInternational investment law appeals to a lawyer’s appetite for the rule of law bydisciplining the exercise of power between States and foreign investors throughlegalization and judicialization. Originally supposed to serve as a fix to promoteforeign investments in developing countries in times of legal uncertainties, now,thousands of bilateral investment agreements exist, and the number of casesin investment arbitration has exploded in the last decade. Further, there is atendency of generalization, as investment protection now features as a standardelement of international trade agreements, far beyond the original focus ondeveloping countries. A number of flaws and shortcomings of the rules andprocedures became apparent in the course of the more frequent use of the systemand resulted in much discussion within the expert community, which resultedin some changes. Furthermore, the long neglected possibility became apparent,that investment claims could be directed against industrialized countries andthat the conduct of their authorities could be subjected to review by internationalarbitration tribunals. This sparked heated public debates, particularly so in theEU. These two developments have in common, that they implicitly as well asexplicitly raised the issue of the rule of law. This paper will assess the system ofinternational investment law as it stands, its critique and its reform, throughthe lens of the rule of law. It will also make a highly idealistic proposal on thefurther development of international investment protection. In concluding, itwill reflect on the proper use of the rule of law in legal analysis, by settingout the different perspectives in which the term may be employed, and themethodological consequences
Forging Transnational Actor Networks through Participatory Action Research: Responsibility to Protect via Musical Rehumanisation in Post-War Liberia1
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JSTOR link to article (restricted access) - https://www.jstor.org/stable/2656297
Christine Bacareza Balance, Tropical Renditions: Making Musical Scenes in Filipino America (2016)
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JSTOR link to article (restricted access) - https://www.jstor.org/stable/2656298
Ryan O’Shaughnessy. Back to Square One (2016)
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JSTOR link to article (restricted access) - https://www.jstor.org/stable/2656298
From Klezmer to Dabkah in Haifa and Weimar: Revisiting Disrupted Histories in the Key of D
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JSTOR link to article (restricted access) - https://www.jstor.org/stable/2656297