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Introduction: Filling or falling between the cracks? Law's potential
No full textThis book is the first in a series examining how public law and international law intersect in five thematic areas of global significance: sanctions, global health, environment, movement of people and security. Until recently, international and public law have mainly overlapped in discussions on how international law is implemented domestically. This series explores the complex interactions that occur when legal regimes intersect, merge or collide. Sanctions, Accountability and Governance in a Globalised World discusses legal principles which cross the international law/domestic public law divide. What tensions emerge from efforts to apply and enforce law across diverse jurisdictions? Can we ultimately only fill in or fall between the cracks or is there some greater potential for law in the engagement? This book provides insights into international, constitutional and administrative law, indicating the way these intersect, creating a valuable resource for students, academics and practitioners in the field
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Strengthening the Rule of Law through the UN Security Council
No full textIntroduction On 24 September 2003 the United Nations (UN) Security Council (UNSC) inaugurated a new agenda item entitled ‘Justice and the Rule of Law’, acknowledging the UNSC’s ‘heavy responsibility to promote justice and the rule of law in its efforts to maintain international peace and security’.1 This book examines how the UNSC has responded to this mandate, particularly in the areas of peacekeeping, sanctions and the use of force. The contributors to this volume discuss both how the concept of the rule of law (ROL) regulates, or influences, UNSC activity and how the UNSC has in turn shaped the notion of the ROL. The UNSC’s designation of the ROL as an important theme offers principled law as the solution to the problem of unprincipled politics, and stable peace as the alternative to destabilising war. The idea is that threats to peace and security should be managed in accordance with the norms and values enshrined in the UN Charter. However, as many contributors to this collection note, the concept of the ROL is famously opaque and contested. Some commentators question the ability of the ROL to guide actions to maintain international peace and security on the basis that it is insufficiently coherent.2 Others criticise attempts to transplant a notion with western origins and an associated suite of western rule-oflaw institutions into other contexts.3 The veto power accorded to the UNSC’s five permanent members by the UN Charter is also regarded as undermining the capacity of the ROL to temper the exercise of raw power in and through the UNSC.4 The relationship between the UNSC and the ROL provides a fascinating case study of how powerful actors both shape and are shaped by powerful ideas. Terence Halliday has pointed to the tension between two different modes of UNSC interaction with the ROL – the external and the internal. Halliday describes the UNSC’s external invocations of the concept as ROL ‘on the offense’ and claims of internal disregard of the ROL placing the UNSC ‘on the defence’.5 It is difficult for the UNSC to claim to act in the name of the ROL externally, without at the same time accepting the concept’s applicability to the internal workings of the UNSC. Given these tensions and weaknesses in the ROL, how does it regulate behaviour in the international arena
Removing barriers to protection at the exported border : visas, carrier sanctions, and international obligation
No full textAsylum is being gradually denuded of the national institutional mechanisms (judicial, legislative and administrative) that provide the framework for a fair and effective asylum hearing. In this sense, there is an ongoing ‘denationalization’ or ‘deformalization’ of the asylum process. This chapter critically examines one of the linchpins of this trend: the erection of pre-entry measures at ports of embarkation in order to prevent asylum seekers from physically accessing the territory of the state.\ud
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Pre-entry measures comprise the core requirement that foreigners possess an entry visa granting permission to enter the state of destination. Visa requirements are increasingly implemented by immigration officials posted abroad or by officials of transit countries pursuant to bilateral agreements (so-called ‘juxtaposed’ immigration controls). Private carriers, which are subject to sanctions if they bring persons to a country who do not have permission to enter, also engage in a form of de facto immigration control on behalf of states. These measures constitute a type of ‘externalized’ or ‘exported’ border that pushes the immigration boundaries of the state as far from its physical boundaries as possible.\ud
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Pre-entry measures have a crippling impact on the ability of asylum seekers to access the territory of states to claim asylum. In effect, states have ‘externalized’ asylum by replacing the legal obligation on states to protect refugees arriving at ports of entry with what are perceived to be no more than moral obligations towards asylum seekers arriving at the external border of the state
Introduction
No full textThis book seeks to shed light on the project of post-conflict state building in general, and on the role that is played in this endeavour by international law in particular. It draws together original essays by scholars and practitioners, who explore from a range of perspectives the role that international law might have to play in rehabilitating societies after conflict. While there is a growing body of literature on many dimensions of post-conflict peace-building, the role of international law has tended to attract less attention. An exception to this is the field of transitional justice, which concerns the mechanisms of responsibility and accountability for major human-rights violations committed during periods of conflict. One of the primary aims of this book is to reflect on the role international law plays in societies that have had their fabric - social, political, legal, cultural and religious institutions and infrastructure, as well as individual and collective psyches - torn apart by conflict. The contributions to this volume identify a range of roles: international law can offer the promise of tempering, regulating, legitimating and undermining external interventions in post-conflict societies
Does the UN Security Council Compound the Global Democratic Deficit?
Full text linkSince the end of the Cold War, the UN Security Council has frequently endorsed the notion that democracy and democratic governance are desirable preconditions for domestic stability and international peace and security. However, the Security Council’s response to the 2008 Zimbabwean presidential elections called into question, perhaps for the first time since the end of the Cold War, its commitment to democracy as the preferred from of domestic governance. In this article, the author discusses the concept of the democratic deficit and explores its application to the UN Security Council. In addition, the author examines the relationship between democracy and international law, retracing the argument that there is an international norm promoting democratic governance. Finally, the author examines the relationship between the Security Council and democracy, suggesting a growing formal commitment to democracy, particularly in post-conflict environments
The Security Council and the rule of law: Some conceptual reflections
No full textIn recent years, the rule of law (ROL) has become a central part of the rhetorical armoury of the United Nations (UN) generally and the UN Security Council (UNSC) more particularly. Of course, it is not merely the UN that has fallen for the ROL; the concept has enjoyed a stellar rise to international celebrity, since and in large part because of the end of the Cold War. The shift from sidelines to central stage has been vividly evident in the UN, however, since the major protagonists are assembled there, and the change was public and swift
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Full text link“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
At the intersection of international and municipal law: the case of Commissioner Cole and the Wheat Export Authority
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