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Edwin Borchard between New Haven and Berlin
Jens Steffek and Tobias Heinze

, jointly deployed realist arguments to discredit the League of Nations, the Kellogg-Briand Pact and the Versailles peace settlement. Our discussion focusses on the American isolationist lawyer Edwin M. Borchard (1884–1951) who already in the early 1930s propagated ‘realism’ as an approach to the study of IR, semantically opposed to the ‘evangelism’ of the Wilsonian internationalists. 2 In the historiography of IR and international law, Borchard’s work has been almost completely neglected. Only Hidemi Suganami seems to have recognised the importance of Borchard

in Prussians, Nazis and Peaceniks
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Their commencement, effects and termination
Leslie C. Green

. Traditionally, international law was divided into the law of war and the law of peace, with no intermediate stage between. 1 When hostilities began, usually following a declaration of war, 2 and non-parties to the conflict were held by the belligerents to be subject to the duties of, and they claimed the rights pertaining to, neutrals, 3 war was recognised and the law of war came into operation. Frequently

in The contemporary law of armed conflict
Abstract only

also include navigable rivers and canals linking two areas of sea, such as the Corinth Canal; but it is generally accepted that the great inland ‘seas’, such as the Caspian, which have no outlet to the oceans, are not maritime areas and are not governed by the international law of the sea. Internal waters are thus by definition closely linked with the land; 2 and they are subject to the sovereignty of

in The law of the sea
Sibylle Scheipers

4 The interventionist discourse The interventionist discourse denies that international law is an appropriate instrument to change the established international order. According to the interventionist perspective, international law is generally subordinate to politics. Thus, it may merely serve the purpose of maintaining the status quo in international relations. This is not to say that interventionists dismiss the significance of human rights as a central part of international law. Rather, they hold that legal bodies like the ICC do not further the global

in Negotiating sovereignty and human rights
A cinematic saga
François Dubuisson

The famous 1960 film Exodus , 1 by Otto Preminger, is a particularly emblematic example of the way in which cinema portrays the conflict and forges a certain representation thereof in the eyes of the general public. It relates a key moment in the genesis of the dispute, describing a series of events surrounding the end of British Mandate over Palestine and the Partition Plan adopted by the United Nations General Assembly in November 1947. 2 A scene from this film allows us to illustrate two conceptions of international law that can be conveyed by the cinema

in Cinematic perspectives on international law
Hilary Charlesworth and Christine Chinkin

personality and to contribute to the generation of international law through the practice of their judicial, ‘legislative’ and ‘executive’ branches. 2 They also are the subject of international legal regulation, undermining the traditional state-based focus of international law. This chapter investigates how international institutions contribute to the gendered character of international law

in The boundaries of international law
The key to autonomy
Nigel D. White

This chapter considers the legal construction that helps to explain why the UN is legally separate and autonomous, independent of member states, when member states have created it and sit and vote on its organs. The reader is reminded that it is possible to create separate, abstract legal entities – clubs, societies, corporations, states are all abstract legal entities. In international law there needs to be an assessment of whether IGOs are legal subjects of the international legal order, thereby having international legal personality, separate from the main

in The law of international organisations (third edition)
Open Access (free)
The prognosis
Sara De Vido

, diagnosis, treatment and prognosis has provided a sufficient descriptive framework for systematising my argument and has encouraged a reflection which has led me to the elaboration of a new concept in international law around which to construe states’ obligations. I started my analysis from the conviction that VAW always relates to the right to health and the right to reproductive health. I contended that the relationship is not merely a causal one, however, in the sense that VAW causes a violation of the rights to health and to reproductive health (what I called the

in Violence against women’s health in international law
Norman Geras

03 Crimes Against Humanity 075-097 3/12/10 10:11 Page 75 3 A jurisdictional threshold In Chapter 1 I traced the emergence of the concept of crimes against humanity from its inchoate beginnings in the literature and the instruments of international law to its official birth at the Nuremberg Trials. It is a moment of origin, this, that is seen by many commentators as being of revolutionary significance in the development of international law. In Chapter 2 I then examined the various meanings that have come to be attached to the expression ‘crimes against

in Crimes against humanity
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David Keane and Annapurna Waughray

1 Introduction David Keane and Annapurna Waughray The United Nations exists not merely to preserve the peace but also to make change –​even radical change –​possible. –​Ralph Bunche, Nobel Lecture (1950)1 The origins of ICERD On 21 December 1965, the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)2 was adopted in the United Nations General Assembly in plenary session by 106 votes to none.3 ICERD was the first international human rights treaty, and the first major piece of international law in the drafting of which the

in Fifty years of the International Convention on the Elimination of All Forms of Racial Discrimination