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The logics underpining EU enlargement
Helene Sjursen and Karen E. Smith

report on enlargement, published in July 1997, the European Commission stated that it ‘considers that, before accession, applicants should make every effort to resolve any outstanding border dispute among themselves or involving third countries. Failing this they should agree that the dispute be referred to the International Court of Justice’ (European Commission 1997 : 51). The Helsinki European

in Rethinking European Union Foreign Policy
Emilian Kavalski and Magdalena Zolkos

agential qualities (Aulakh 2014 ). Instead, recent constitutionalizations of climate protection reflect the emergence of nascent international environmental legislation, including the use of the International Court of Justice for complaints regarding other states’ emissions levels, as well as create the possibility for granting refugee status on the grounds of climate change. In the case of emerging

in Recognition and Global Politics
Open Access (free)
R. A. Melikan

examine international trials for war crimes – what are sometimes referred to as breaches of international humanitarian law – and human rights violations. The twentieth century witnessed the creation of an apparently impressive range of international tribunals with authority to consider such offences: the International Court of Justice, the European Court of Human Rights, the Inter-American Court of Human Rights, and the African Court of Human Rights. All of these, however, adjudicated state responsibility for violations of international law; they did not have

in Domestic and international trials, 1700–2000
Legality and legitimacy
Dominic McGoldrick

of Bosnia).109 Obligations on states stemming from the Statute ‘shall prevail over any legal impediment to the surrender or transfer of the accused to the Tribunal’ that may exist under national legal systems. A common national obstacle is that some constitutions or national laws prevent the extradition of nationals. This principle is in conformity with international law given the large number of states who follow the practice. In the Lockerbie Case, the International Court of Justice ruled that the obligation under Article 103 of the UN Charter that ‘In the event

in Domestic and international trials, 1700–2000
A twenty-first century trial?
Dominic McGoldrick

jurisdictional issue by seeking an opinion from the highest judicial body of the UN, the International Court of Justice, which is also located in The Hague. They also put the arguments of bias and partiality, submitting that from Milosevic’s perspective the ICTY was incapable of giving him a fair trial and faced unacceptable levels of pressure from external sources. An example of partiality was the court’s order forbidding him from giving media interviews, while the prosecution faced no such restriction.45 The amici also argued that trying Milosevic for actions as a head of

in Domestic and international trials, 1700–2000
Jürgen Habermas and the European left
Robert Fine and Philip Spencer

had the vision of constructing a fully-fledged legal framework to protect people from the violence of states. He hoped to realise this vision by extending the reach of global remedies, granting the International Court of Justice compulsory jurisdiction, sharpening the definition of humanitarian crimes, reforming the Security Council, constructing a UN army, and so forth. He acknowledged that this cosmopolitan vision was far from an accomplished fact

in Antisemitism and the left
Amikam Nachmani

be considered a prerequisite to the Republic of Cyprus’s accession to the EU. It was adamant that, henceforth, all Greek–Turkish territorial disputes be referred to the International Court of Justice at The Hague. Finally, it demanded that Turkey meet the same accession conditions as the other eleven EU candidates. In this context, Greece pointed to the need for a serious discussion of the human rights situation in Turkey, noting that, in order to qualify for EU membership, it, Turkey, will have to modify over 20,000 Turkish laws and regulations in line with the EU

in Turkey: facing a new millennium
Author: Sara De Vido

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).

Alexis Heraclides and Ada Dialla

in the statute of the Permanent Court of International Justice of the inter-war period, and more embarrassingly in the statute of the International Court of Justice (1945), which still refers to ‘the general principles of law recognized by civilized nations’ (article 38, 1c). 96 The reactions of the outsiders: China and Japan But what was the reaction of those on the receiving end of the ‘standard of civilization’? These states

in Humanitarian intervention in the long nineteenth century
Water scarcity, the 1980s’ Palestinian uprising and implications for peace
Jeffrey Sosland

protracted conflict. While general international water law has been ineffectual, bilateral and multilateral treaties that address the issues of water allocation, pollution and other aspects of joint management have been effective in reducing water related conflicts. In fact, some 145 water-related treaties have been ratified in the past 100 years (Wolf, 1997: 10). Both the International Court of Justice and

in Redefining security in the Middle East