Journal Service - Georg-August-Universität Göttingen
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The ‘Bonn Powers’ of the High Representative in Bosnia Herzegovina: Tracing a Legal Figment
No full textThe article traces the legal basis of the so-called ‘Bonn Powers’ that are claimed by the Office of the High Representative (OHR) in Bosnia and Herzegovina (BiH) as the basis for its extensive legislative, judicative, and executive decisions. The OHR’s presence in BiH offers a very controversial example of how international institutions may exercise international public authority. The OHR has attracted far-reaching criticism and it has in fact been argued that its practice of adopting binding decisions runs contra to the main purpose of the civilian international presence in BiH. The contribution offers an analysis that substantiates such criticism on legal grounds. It discusses exemplary OHR decisions that reach far into the legislative, the executive, and the judicial domain of BiH and analyses possible legal sources for the broad powers claimed by the OHR. It explores the limits of the OHR’s original mandate in light of the Vienna Convention on the Law of Treaties and it looks at the implied powers doctrine as a basis for the OHR’s claims. It also considers a conferral of the ‘Bonn Powers’ on behalf of the United Nations Security Council. The article concludes that the ‘Bonn Powers’ do not qualify as a legal power and that their existence is merely a powerful, but delusive legal fiction
Producing Bollywood: Entrepreneurs and Sustainable Production Networks
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JSTOR link to article (restricted access) https://www.jstor.org/stable/4356146
Ahiajioku in Chicago: Festival, Music, and the Performance of Nigerian Igbo Identity in a North American City
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JSTOR link to article (restricted access) https://www.jstor.org/stable/4377459
Between Evolution and Stagnation – Immunities in a Globalized World
No full textImmunities have long been a subject of discussion. In the context of globalization, there have, on the one hand, been calls for the limitation or even the abolition of immunities, in particular based on the argument of a lack of responsibility for grave violations of human rights. Contrarily, opposed tendencies can be observed which raise ideas such as the extension of the scope of persons to be protected by immunities, resting upon the pluralization of actors in the globalized world. This article examines these two contradictory aspects of development of immunities in public international law and how they might interrelate with each other. It analyses how the simultaneous evolution and stagnation of immunities can be explained. For that purpose the contribution evaluates at first the current state of the legal development. Further, it takes a look at a certain stagnation of legal development and clarifies the structural parameters within public international law which have led to such a stagnation. In this context, it is critically dealt with the question, whether immunities meet the demands of a globalized world. Lastly, this article addresses the development regarding a denial of immunity in cases of grave human rights violations and asks how it could be more cautiously brought forward
Untangling Sex, Marriage, and Other Criminalities in Forced Marriage
No full textOver the past few decades, particularly with the rise of international criminal tribunals, there has been increased criminalization and greater awareness in gender and sex-based crimes among the international community. Crimes such as sexual slavery, enslavement, or rape have been successfully prosecuted under international law. Yet despite the increased recognition in the prohibition of sex and gender-based crimes, forced marriage remained marginalized until 2008, when the Special Court of Sierra Leone formally recognized forced marriage as an international crime. However, since the SCSL’s ruling, no other criminal tribunal to date has successfully enforced and prosecuted perpetrators for committing forced marriage. This is particularly troubling considering the widespread reports of forced marriage in other States, such as Uganda and Cambodia. Part of the challenge stems in the SCSL’s legal ruling which categorized forced marriage as an ‘other inhumane act’ under ‘crimes against humanity’. This categorization is puzzling considering forced marriage often entails acts of sexual violence and disproportionately affects young women and girls. In addition, forced marriage is frequently compared to sexual slavery and arranged marriage, which poses more challenges for courts to distinguish forced marriage as a unique crime. Thus, this contribution calls for the increased criminalization and awareness of forced marriage as a sex and gender-based crime that is on par with other similar prohibited acts, including sexual slavery, enslavement, rape, and forced pregnancy. Case studies will be examined, such as Sierra Leone, Uganda, and Cambodia. Sierra Leone is examined due to the SCSL’s seminal ruling on forced marriage. Cambodia is discussed because of the legal challenges presented before the Prosecutors at the Extraordinary Chambers in the Courts of Cambodia, especially as they try to convict the accused of alleged acts committed over three decades ago. Lastly, Uganda is observed to analyze why despite widespread reports, the ICC is not prosecuting senior militia leaders of forced marriage. These three cases seek to illustrate the complexities and difficulties in prosecuting forced marriage and also to analyze the definition and legal nuances behind forced marriage. In doing so, a better understanding is developed and raises awareness as to why forced marriage must be on the forefront in international criminal law to prosecute and convict perpetrators who are committing an egregious crime
Brahms Meets Jazz: Max Grosch Quartet (2008)
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JSTOR link to article (restricted access) https://www.jstor.org/stable/2431818
The Interaction Between WTO Law and the Principle of Common but Differentiated Responsibilities in the Case of Climate-Related Border Tax Adjustments
No full textThe proposal of carbon-related border tax adjustments (BTAs) has raised a strong objection among the targeted States, mostly developing countries. The BTAs are claimed not only to violate the law of the World Trade Organization (WTO), but also to conflict with the principle of ‘common but differentiated responsibilities’ (CDR principle) enshrined in the United Nations Framework Convention on Climate Change. This study attempts to determine the extent to which the CDR principle could color WTO legal disputes concerning the climate-related BTAs. Here, WTO law is analyzed as a multi-objective legal system, pursuing to promote, inter alia, free trade and environmental protection while respecting the special concerns of less developed countries via the Special and Differential treatment (S&D). In this context, relevant WTO provisions to the climate-related BTAs are interpreted. This article concludes that the S&D bears no legal obligation and the non-discrimination principle tenaciously reigns within the WTO legal system. The CDR principle could therefore have a very limited impact on WTO law, even in the chapeau of Article XX of the General Agreement on Tariffs and Trade leaving the fairness of international climate change law vulnerable within the WTO legal system
Playing for Change: Connecting the World Through Music
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JSTOR link to article (restricted access) https://www.jstor.org/stable/2431824
Masculine or Feminine—Ancient or Contemporary: Raqs Sharqi and a World of Converged Images
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JSTOR link to article (restricted access) https://www.jstor.org/stable/2431817