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did nationals. In the 1960s, Brazil’s view of an international investment regime was in line with the majority of Latin American countries. 16 This view was based on the so-called Calvo doctrine linked to the Latin American jurist and diplomat Carlos Calvo. 17 Its aim was to secure that foreigners were not treated better than nationals. Thus, national treatment was intended
. It is not at all unreasonable to claim that there was a very strong opposition that lingered in the 1960s and 1970s to developing (and socialist countries continued to bar) the emergence of a minimal consensus necessary for a customary international regime of protection of investment. And even if there could have been customary international rules back then, the uncompromising
outer space in the 1960s and the WHO’s Health Regulations as a more recent instance. Both of these are shown to have the potential, at least, to be international laws in their own right and that, in fact, they are paradigmatic of UN lawmaking more generally. Such an approach to lawmaking does not undermine the importance of states in making international law. Instead, this approach enables states to create, amend and modify international law in a dynamic way necessary for themselves and other actors to interact and operate in a rapidly changing world. The inquiry
In any event, be it settlement colonies or extractive colonies, the fact is that the capital remained abundantly within the hands of the colonialist powers, therefore preventing African States to gain their economic independence after the departure of the colonialists in the 1960s. A period of lawless investment was replaced by a system of unfair international investment law
The book explores the relationship between violence against women on one hand, and the rights to health and reproductive health on the other. It argues that violation of the right to health is a consequence of violence, and that (state) health policies might be a cause of – or create the conditions for – violence against women. It significantly contributes to feminist and international human rights legal scholarship by conceptualising a new ground-breaking idea, violence against women’s health (VAWH), using the Hippocratic paradigm as the backbone of the analysis. The two dimensions of violence at the core of the book – the horizontal, ‘interpersonal’ dimension and the vertical ‘state policies’ dimension – are investigated through around 70 decisions of domestic, regional and international judicial or quasi-judicial bodies (the anamnesis). The concept of VAWH, drawn from the anamnesis, enriches the traditional concept of violence against women with a human rights-based approach to autonomy and a reflection on the pervasiveness of patterns of discrimination (diagnosis). VAWH as theorised in the book allows the reconceptualisation of states’ obligations in an innovative way, by identifying for both dimensions obligations of result, due diligence obligations, and obligations to progressively take steps (treatment). The book eventually asks whether it is not international law itself that is the ultimate cause of VAWH (prognosis).
, particularly the 1960s and 1970s, when under the umbrella of groups such as the Group of 77, African Caribbean and Pacific Group of States (ACP), and the Non-Aligned Movement (NAM), and galvanized by the United Nations Conference on Trade and Development (UNCTAD), United Nations Centre on Transnational Corporations (UNCTC), United Nations Educational, Scientific and Cultural Organization (UNESCO
decolonisation of the empires of the West, by the civil rights struggles of the 1960s, by the Cold War with the mutual probing between East and West of internal human rights issues, by problems with the concept of development and its neglect of indigenous factors;55 by an alliance (sometimes) with environmentalists56 and the growth of international human rights law including its sharp focus on racism.57 National indigenous organisations flourished through the 1960s in Australia, Canada and the United States, with Central and South America following in the 1970s.58 The
promoters on screen. Rather, the film shows that political obstacles can be overcome with sufficient persistence. A similar story is told in the Labyrinth of Lies and The People versus Fritz Bauer where Germany appears unwilling to secure the arrest and the trial of Adolf Eichmann and Josef Mengele as well as many other Nazis who have comfortably reintegrated the amnesic German society of the 1960s. 35 These films mostly denounce the unwillingness of German intelligence, police and prosecutors who believe that the country should not dwell on the past. In both cases
following paragraphs that the shared understanding of these concepts has changed to allow a peacekeeping force to become more active in fulfilling its mandate. During the Cold War (with the Congo operation in the 1960s as the exception) the three norms were interpreted narrowly, reflecting the wider purpose of such forces to maintain the status quo between disputing states but also between the superpowers. Forces in Cyprus from 1964, Lebanon from 1978, and on the Golan Heights from 1974 are good examples of this. Their continued deployment is also testimony to the
source of law, law in the material sense might be created from International Law Commission output, especially if that output is combined with an interaction with other international bodies, such as the International Court of Justice. 32 If this was true when Jennings described the phenomenon in the 1960s, when codification by treaty was still on the rise, this is even more accurate today. The Commission has often submitted its output to the General Assembly, which in turn ‘takes note’ of the work, instead of organizing a conference to convert it into a treaty. The