48 State responsibility The main rules in the area of state responsibility are laid down in the draft articles on the Responsibility of States for Internationally Wrongful Acts (State Responsibility). The draft contains two types of rule: Codified rules of customary law: these rules create obligations for
results, however, had not been encouraging. The United States was the most active promoter of codification, chiefly in the person of Secretary of State (and later President) John Quincy Adams. Under his auspices, the United States produced a draft Convention for Regulating the Principles of Commercial and Maritime Neutrality in 1823. 5 Not surprisingly, it generally
This book challenges the myths surrounding the Irish Free Constitution by analysing the document in its context, by looking at how the Constitution was drafted and elucidating the true nature of the document. It examines the reasons why the Constitution did not function as anticipated and investigates whether the failures of the document can be attributed to errors of judgment in the drafting process or to subsequent events and treatment of the document.
As well as giving a comprehensive account of the drafting stages and an analysis of the three alternative drafts for the first time, the book considers the intellectual influences behind the Constitution and the central themes of the document.
This work constitutes a new look at this historic document through a legal lens and the analysis benefits from the advantage of hindsight as well as the archival material now available.
Given the fact that the current Constitution substantially reproduces much of the 1922 text, the work will be of interest to modern constitutional scholars as well as legal historians and anyone with an interest in the period surrounding the creation of the Irish State.
Introduction Statehood confers the capacity to claim rights and duties under international law. 1 Other entities, such as individuals and international inter-governmental and NGOs, can assert some degree of international personhood for particular purposes, but the state is considered the most complete expression of international legal personality. 2 The state
This collection of chapters provides the most comprehensive study of the theory and practice on the contribution of international organisations and non-State actors to the formation of customary international law. It offers new practical and theoretical perspectives on one of the most complex questions about the making of international law, namely the possibility that actors other than states contribute to the making of customary international law. Notwithstanding the completion by the International Law Commission of its work on the identification of customary international law, the making of customary international law remains riddled with acute practical and theoretical controversies which have been left unresolved and which continue to be intensively debated in both practice and scholarship. Making extensively reference to the case-law of international law courts and tribunals as well as the practice of treaty-monitoring bodies while also engaging with the most recent scholarly work on customary international law, this new volume provides innovative tools and guidance to legal scholars, researchers in law, law students, lecturers in law, practitioners, legal advisers, judges, arbitrators, and counsels as well as tools to address contemporary questions of international law-making.
question must be undertaken with a sense of legal right of obligation’, 5 implies that the relevant opinio juris is that of the actors whose practice counts, that is, again, of States and, sometimes, international organizations. The place that the International Law Commission reserves to non-State actors in the formation of customary international law is therefore a marginal one. Their conduct does not count as the general practice ( usus longaevus ); their views do not qualify as the acceptance of the binding nature of the practice ( opinio juris ). At most, their
, what the Commission did and did not say with regard to the role of international organizations and that of ‘non-State actors’, since some of the contributions in this volume (like one or two States in the UN General Assembly’s Sixth Committee) seem not to have fully appreciated what was said within the Commission or what the Commission itself actually said in its second reading texts. The Commission’s second reading in 2018 involved a detailed review of the earlier draft conclusions and commentaries (adopted on first reading in 2016) in light of comments received
9 The legacy of the Irish Free State Constitution Introduction Opinions diverge on the success of the Irish Free State Constitution. While some highlight positively the liberal democratic nature and experimental features of the Constitution,1 others concentrate on the number of amendments and the short lifespan of the document. The most extreme criticism is that the Constitution was ‘a deeply flawed project which ended in almost total failure’.2 However, that the 1937 Constitution retained and reused most of its predecessor is a testament to the earlier
the State Department, together with the Pentagon, the CIA and other security and intelligence organs of the US government, as well as the Department of Commerce and the Department of the Treasury. To grasp its importance, it is necessary to distinguish it from the eccentric and unpredictable character of Donald Trump. But it is also necessary to recognise that it would take a character like Trump to bring about such a break from the history and tradition of US foreign policy. From a strictly academic perspective, the new strategy document looks
The military coup of March 1976 in Argentina ruptured the prevailing institutional order, with the greater part of its repressive strategy built on clandestine practices and tactics (death, torture and disappearance) that sowed fear across large swathes of Argentine society. Simultaneously, the terrorist state established a parallel, de facto legal order through which it endeavoured to legitimise its actions. Among other social forces, the judicial branch played a pivotal role in this project of legitimisation. While conscious of the fact that many of those inside the justice system were also targets of oppression, I would like to argue that the dictatorship‘s approach was not to establish a new judicial authority but, rather, to build upon the existing institutional structure, remodelling it to suit its own interests and objectives. Based on an analysis of the criminal and administrative proceedings that together were known as the Case of the judicial morgue, this article aims to examine the ways in which the bodies of the detained-disappeared that entered the morgue during the dictatorship were handled, as well as the rationales and practices of the doctors and other employees who played a part in this process. Finally, it aims to reflect upon the traces left by judicial and administrative bureaucratic structures in relation to the crimes committed by the dictatorship, and on the legal strategies adopted by lawyers and the families of the victims.