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Between mental states and institutional objects
Sufyan Droubi

puise sa sagesse dans la science qui a dénoncé les péril, son dynamisme dans la necessite de fair vite. Elle est tout à la fois coutume savante et alertante. 1 In a well-known 1974 piece, from which the words above have been extracted, René-Jean Dupuy sheds light on many aspects of importance for the present discussion about the role of international organisations in the formation of customary international law, specifically, in the formation of opinio juris , in the present times. Dupuy starts by affirming a tension between fact and mind, and by highlighting the

in International organisations, non-State actors, and the formation of customary international law
Robert Fine and Philip Spencer

formal structure of international law. It not only claims a ‘soft’ influence over states to take human rights into account but, in some instances, to demand compliance and declare a duty to obey. The norms of international law function as a higher law vis-à-vis that of states and there is an increasing number of treaty-based norms that obligate all states, whether or not they have signed the treaty in question. These include prohibition on genocide, as well as

in Antisemitism and the left
Ben Cohen and Eve Garrard

(This article was originally published on ‘Normblog’, 27 August 2013) The signs are now clear that Washington * and other Western powers, † including Britain, are considering military action against Syria on account of the regime’s apparent use of chemical weapons against Syrian civilians. ‡ Would such action be justified? In the debate about this at least three types of issue are centrally involved: (1) whether there is a basis in international law for military intervention; (2) whether it is likely to do any good; and (3) whether it might be merited in

in The Norman Geras Reader
Dominic Npoanlari Dagbanja

States also enter into international investment agreements (IIAs) to protect foreign investment. These agreements may be required to be made in accordance with relevant rules of contract law, public international law and private international law. Municipal law may equally place significant requirements on the conclusion of such agreements, the object of which may be to protect

in African perspectives in international investment law
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
Jean-François Drolet

political theology, asymmetrical warfare and the emerging Cold War order. By far the most significant of these is his The Nomos of the Earth in the International Law of the Jus Publicum Europaeum, which he wrote in the early 1940s but was only allowed to publish in 1950.8 In contemporary discourse, the Greek term nomos is usually translated as ‘law’, ‘norm’ or ‘regulation’. But Schmitt uses it in its original spatial meaning to designate the concrete division and redistribution of the earth that grounds public and international law in any historical period. Although

in American foreign policy
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
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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
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
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)