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Kees van der Pijl

Libya. Russia actually referred to the July 2010 ruling by the International Court of Justice that there exists no prohibition in international law of declarations of independence, a ruling with which the Court dismissed Serbia’s complaint over Kosovo’s unilateral declaration of independence. Obama, speaking in Brussels in late March, chose to reply to Moscow’s justification by a series of claims about Kosovo’s ‘careful cooperation with the United Nations and with [its] neighbours’. In fact, there had been neither a referendum nor cooperation, or it would have been

in Flight MH17, Ukraine and the new Cold War
Casper Sylvest

Jurisprudence, 2 vols (Oxford, 1901), II, 112–71; Frederick Pollock, ‘The sources of international law’, Law Quarterly Review, 18 (1902), 420–9. The idea of ‘civilised’ nations is still with us, having survived in Article 38(1) of the Statute of the International Court of Justice. Keene, Beyond the Anarchical Society, p. 6. See also Anghie, ‘Finding the ­peripheries’; Gong, The Standard of ‘Civilization’. Legal evolution and international law 36 John Stuart Mill, ‘Civilization’ [1836], in Collected Works, XVIII, 117–47, at p. 119; John Stuart Mill, ‘A few words on non

in British liberal internationalism, 1880–1930
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Saul Newman

, and which provides a certain guarantee for a civil society that is beyond the state and which rallies against it. It is this anti-sovereign dimension of human rights that Derrida is interested in: he suggests that with the formation of institutions such as international courts of justice, and the concept of war crimes and crimes against humanity, it is in the ‘name of human rights and their universality that the sovereign authority of the state is called into question’.53 With the universalisation and globalisation of human rights – rights that are being invoked by

in Unstable universalities
Raj Chari, John Hogan, Gary Murphy, and Michele Crepaz

to the Dutch government, the city of The Hague welcomes several international political institutions, such as the International Court of Justice, the International Criminal Court and several EU and NATO agencies. Given both its national and international importance, the city has become an important hub for lobbyists. Official data about the numbers of this growing industry are however still missing. Estimates vary from 1,000 to 2,000 lobbyists in The Hague, depending on the source. 31 However, none of these estimations appears to be close to reality. The

in Regulating lobbying (second edition)
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Grave breaches
Christine Byron

military group. 39 This had been the approach of the Tadić and Aleksovski Trial Chambers, which had based their reasoning on the Judgement of the International Court of Justice (ICJ) in Nicaragua . 40 However, the Tadić Appeal Judgement did not find the reasoning of the ICJ on State responsibility in the Nicaragua case persuasive. 41 The majority in the Tadić appeal propounded a test of control over rebels which differentiated between private individuals and individuals making up an organised and hierarchically structured group such

in War crimes and crimes against humanity in the Rome Statute of the International Criminal Court
Geoffrey K. Roberts and Patricia Hogwood

by the International Court of Justice, Turkey has argued for the bilateral negotiation of a fair solution. In February 1974, the conflict escalated when oil was discovered within Greek territorial waters off the island of Thassos. In May 1974, Turkey underlined its counter-claim to these waters by sending a survey ship and 32 warships to patrol the western limits of the area. At this time, the dispute became entangled with

in The politics today companion to West European Politics
Open Access (free)
A pluralist theory of citizenship
Rainer Bauböck

This introduction presents an overview of the key concepts discussed in the subsequent chapters of this book. The book argues that there is not a single principle of democratic inclusion but several principles, and that it is important to distinguish their different roles in relation to democratic boundaries. It considers the general "circumstances of democracy" that consist in normative background assumptions and general empirical conditions under which democratic self-government is both necessary and possible. The book discusses the principles of including all affected interests (AAI), all subject to coercion (ASC) and all citizenship stakeholders (ACS). It contextualizes the principle of stakeholder inclusion, which provides the best answer to the question of democratic boundaries of membership, by applying it to polities of different types. The book distinguishes state, local and regional polities and also argues that they differ in their membership character.

in Democratic inclusion
Christine Byron

against Humanity expressly included apartheid as a crime against humanity. 395 In 1971 the International Court of Justice (ICJ) condemned apartheid as a denial of fundamental human rights and a ‘flagrant violation of the purposes and principles’ of the UN Charter. 396 Then in 1973 the General Assembly adopted the International Convention on the Suppression and Punishment of the Crime of Apartheid, which declared in Article 1 that ‘apartheid is a crime against humanity’. 397 The Apartheid Convention explained that the crime of apartheid would

in War crimes and crimes against humanity in the Rome Statute of the International Criminal Court
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Other offences in international armed conflicts
Christine Byron

. 149 The legality of such operations within the UN system was confirmed by the International Court of Justice (ICJ) in the Certain Expenses of the United Nations case, which confirmed that the peacekeeping forces in the Middle East and the Congo, which had been established with the consent of the States involved, were ‘undertaken to fulfil a prime purpose of the United Nations, that is, to promote and to maintain a peaceful settlement of the situation’. 150 The Elements do not clarify whether peacekeeping missions protected by Article 8(2)(b)(iii) are only those

in War crimes and crimes against humanity in the Rome Statute of the International Criminal Court