...International Security Lecture 1 March 30th, 2015 The politics of security knowledge What is international security? We could start thinking about the security council of the UN But also about the invasion of Afghanistan (chapter 7 UN in order to secure the international security) We can also think about security in terms of the invasion of Iraq in 2003. This was a unilateral act of war, but sure it can also mean other things We can think of the national security agency, the agency in charge of spying all the signals and communications to a certain extent. What’s interesting about the NSA, it is seen as a threat to the security of the privacy. Lately, with the reports of the UN development programme, we start talking about HUMAN security (not military security, but rather the security of individuals, having a livelihood that’s acceptable). Whether security is international or not, it can be a rather confusing word The protection of values we hold dear. We search for it, we pursue it, we achieve it, we deny it to others. * what is to be secured? Is it the security of states? Or individuals? * What is the actual threat that we’re facing? Primarily to be dealing with military threats, or are there other types of threats we are facing. Essentially contested concept A concept that ‘inevitably’ involves endless disputes about their proper uses on the part of their users – Walter Gallie There can be ambiguity (one persons freedom-fighter is the other’s...
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...a viable option it is important to discuss the legality of the use of military force. This is especially important when taking into account that many of the rules and laws governing this topic were created when wars were fought very differently and opponents in warfare were often better defined than they are today. In most of the world’s conflicts today, a nation may not be engaging into battle against a uniformed militia of a particular state, nor are they engaged in conflict against a ruling government or regime of a state. However many of the laws and rules in place are still relevant and effective even in today’s extremely complex international arena. This topic is one that requires discussion because states need to know when it is legal for them to invade another state and when it is not. Also to outline the consequences of an illegal action in regards to these laws as well as other problems and dilemmas that may arise from this topic. But sometimes situations can call for action immediately. When you must wait on a committee of representatives to vote on the legality of the proposed invasion, you may stand the chance of losing valuable time and effectiveness against enemy combatants. Legal Background The legal background regarding this topic is vague and confusing in some instances. International law prohibits the use of military force, unless it is being used in a manner of self-defense or as a preemptive maneuver to avoid being attacked by another state. However it...
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...aims to give an accessible introduction to an area of law that is the subject of change or public debate. International law 1 overview What is international law? – difference between international law and domestic law – Why do States obey international law? – subjects of international law – How do international law and domestic law interact? 4 sources of international law Jus cogens – international conventions and treaties – Australian treaty practice – custom – general principles of law – judicial decisions and writings of publicists – ‘hard law’ and ‘soft law’. 8 states What is a State? – rights of States – self-determination – creation and recognition of new States – case studies. AUTHOR NOTE: Jane Stratton currently leads corporate social responsibility programs in a leading Sydney law firm, teaches law students at a Sydney university and independently, undertakes community development projects in Western Sydney. Her work has included legal and policy roles in the Public Interest Advocacy Centre, the Australian Human Rights Commission, UN High Commission for Refugees and the ICTY. She has experience in litigious and political advocacy. Jane holds qualifications in law (Honours) and in Arts (Honours) from ANU and a Masters of Law from New York University. ACKNOWLEDGMENT: The publisher would like to thank Dr Ben Saul, Director, Sydney Centre for International and Global Law, for reading and commenting on the text. DESIGN: Bodoni...
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...EXAM PAPER BY Marcie L. Pereira 2. “International Law has never shown such vibrancy as in the present moment and fragmentation is a result of that dynamism and capacity for adaptation and expansion. Moments of transition in conceptualization and institutional set-up are normally very creative.” Do you agree? Present your position. The system of international law has become increasingly fragmented, particularly since the end of the Cold War. Various factors are responsible for the increased fragmentation: • The proliferation of international regulations; • Increasing political fragmentation (juxtaposed with growing regional and global interdependence in such areas as economics, the environment, energy, resources, health, and the proliferation of weapons of mass destruction); • The regionalization of international law due to a rise in the number of regional fora engaged in the formulation of international regulations; • The emancipation of individuals from States; and • The specialization of international regulations. Presently, there exists no homogeneous system of international law. International law consists of erratic blocks and elements; different partial systems; and universal, regional, or even bilateral subsystems and subsubsystems of different levels of legal integration. All these parts interacting with one another create what may paradoxically be called an “unorganized system, full of intra-systematic tensions, contradictions and frictions. In theory, fragmentation...
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...I. INTRODUCTION The main instruments of International Humanitarian Law (hereafter referred to as IHL) are the four Geneva Conventions of 12 August 19491 for the protection of war victims. These treaties which are universally accepted, protect the wounded, the sick, prisoners of war and civilians in enemy hands. They also protect medical services personnel such as medical personnel, medical units and establishments, and medical means of transport. As a matter of fact this kind of concern for the humanitarian aspect can be found in our ancient epics like the Mahabharata, where the rules of conduct of war as to the timing of attack and the prohibition attacking the unarmed were strictly laid down. The laws of Manu, a compilation of encyclopedic scope, which the British Professor Duncan M. Derrett a known authority on Hindu Law describes as a text "which constitutes India's greatest achievement in the field of jurisprudence" and regards this work as one of the world's premier compositions in ancient law, more valuable in every sense than Hammurabi and able to hold its own in comparison to the covenant and Priestly codes of Moses2 . Manu, while describing the duties of a King, warns against unusual cruelty even against an enemy in warfare, and has this to say, "fighting in a battle, he should not kill his enemies with weapons that are concealed, barbed, or smeared with poison or whose points blaze with fire. He should not kill anyone who has climbed on a...
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...increasing rates of casualties have drawn attention of the international policy makers. This has led to donor governments examining practical ways applicable in promoting operational security to support humanitarian action. Crises subject populations to forced displacement, and violence. Among the challenges associated with the humanitarian crisis, is lack of access to basic needs by the affected population and inadequate access to information by the aid providers. In addition, crises alter the cultural and social structures that affect the statuses of the men, women, and children in the society (Olsen, Carstensen, and Høyen). Basic principles of International Humanitarian Law International humanitarian law consists of rules used in times of armed conflicts to protect the victims of hostilities. The laws also restrict the methods of warfare employed during such situations. Humanity is one of the basic principles of international humanitarian law. The principle focuses on addressing suffering in the affected regions. It ensures the provision of emergency care to the affected populations wherever found. This results in protection of health and life of the affected populations. Principle of humanity ensures respect for a human being and promotion of their optimal health and wellbeing (van der Merwe). Impartiality, which is the second basic principle of the international humanitarian law, focuses on prioritizing needs of the population in crisis...
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...AN INTRODUCTION TO INTERNATIONAL LAW "The case against historical objectivity is like the case against international law, that it does not exist" (Sir Isaiah Berlin) International law exists, although it is true it suffers from serious problems relating to foundational concepts of justice and reciprocity and is the subject of unfortunate neglect by scholars. The ALE (American Law Institute) defines international law as "law that deals with the conduct of states and of international organizations and with their relations inter se [among themselves], as well as some of their relations with persons, whether natural or juridical" (Buergenthal & Murphy 2002). More elegant definitions can be found, such as the common one where it can be described as "law that deals with the relationships between states, or between persons or entities in different states." Even simpler definitions can be found reducing it to "laws governing relations between nations." There's an unfortunate tendency for the simplest of definitions to focus only on nation-states, as if nation-state relationships were the only thing that mattered, but the fact is that any entity (even a corporation or a person) which possesses "international personality" is subject to international law. This is important because without including international organizations or personalities, there would be no basis for international trade law, international humanitarian law, or international human rights law. If one's purpose...
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...the Way in International Law Teaching and Scholarship inside plus Duke admits smaller, exceptionally well-qualified class Duke’s Global Capital Markets Center to launch new Directors’ Education Institute from the dean Dear Alumni and Friends, It is not possible, these days, for a top law school to be anything other than an international one. At Duke Law, we no longer think of “international” as a separate category. Virtually everything we do has some international dimension, whether it concerns international treaties and protocols, commercial transactions across national borders, international child custody disputes, criminal behavior that violates international human rights law, international sports competitions, global environmental regulation, international terrorism, or any number of other topics. And, of course, there is little that we do at Duke that does not involve scholars and students from other countries, who are entirely integrated with U.S. scholars and students. Students enrolled in our joint JD/LLM program in international and comparative law receive an in-depth education in both the public and private aspects of international and comparative law, enriched by the ubiquitous presence of foreign students; likewise, the foreign lawyers who enroll in our one-year LLM program in American law enroll in the same courses, attend the same conferences, and engage in the same intellectual and social life as American students. This issue of Duke Law Magazine provides...
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...the Way in International Law Teaching and Scholarship inside plus Duke admits smaller, exceptionally well-qualified class Duke’s Global Capital Markets Center to launch new Directors’ Education Institute from the dean Dear Alumni and Friends, It is not possible, these days, for a top law school to be anything other than an international one. At Duke Law, we no longer think of “international” as a separate category. Virtually everything we do has some international dimension, whether it concerns international treaties and protocols, commercial transactions across national borders, international child custody disputes, criminal behavior that violates international human rights law, international sports competitions, global environmental regulation, international terrorism, or any number of other topics. And, of course, there is little that we do at Duke that does not involve scholars and students from other countries, who are entirely integrated with U.S. scholars and students. Students enrolled in our joint JD/LLM program in international and comparative law receive an in-depth education in both the public and private aspects of international and comparative law, enriched by the ubiquitous presence of foreign students; likewise, the foreign lawyers who enroll in our one-year LLM program in American law enroll in the same courses, attend the same conferences, and engage in the same intellectual and social life as American students. This issue of Duke Law Magazine provides...
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..........................................................6 5. NAVIGATION IN TERRITORIAL SEA......................................................................6 5.1. Innocent Passage.....................................................................................................6 5.2. Straits.......................................................................................................................7 5.3. Transit Passage........................................................................................................7 6. THE HIGH SEAS...........................................................................................................7 7. INTERNATIONAL MARITIME EVENTS..................................................................8 7.1. The Corfu Channel...
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...approach to international law, one should not completely link such a discipline using a commercial approach. This commercial approach is used in contemporary international law. While understanding international law, there is a need to understand the term “world order”. According to Richard Falk, “world order is a system that consists of a behavior for security and changes identified by states, the structure of authority, conflicts, violence and international mediation” This current order is based on the behavior of states and its people. Since behavior is concerned here, there is also what kind of life and styles are followed by the people resulting in a global evolution....
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...ENRICA LEXIE INCIDENT: INTERNATIONAL CASE BETWEEN ITALY AND INDIA Author: Manuele Scardaccio The Enrica Lexie incident of 15 February 2012, off the coast of Kerala had attracted unprecedented attention in all the world. The legal issues involved in bringing the Italian marines to justice for the killing of two Indian fishermen on board an Indian fishing boat in a shoot-out from Enrica Lexie, an Italian flagged commercial boat, in the contiguous zone of India had been the subject matter of legal dispute before the Kerala High Court and the Supreme Court of India. The judgments of both Kerala High Court and the Supreme Court of India in regard to the Enrica Lexie incident dealt with the legal aspects of coastal state jurisdiction and the sovereign immunity available to the Italian marines under international law and the national law extensively. The views of the Supreme court on the coastal state jurisdiction with regard to Enrica Lexie incident appears to be final, despite the Court having allowed the Italian marines to re- agitate the jurisdiction issue in the Special Court, which will try the crimes committed by the Italian marines from Enrica Lexie . The investigation of the Enrica Lexie incident is now destined to go to the Special Court once the investigation is completed and charges are laid. The legal aspects of other post judgment developments such as Italy’s initial refusal to send back the Italian marines for trial in India and the consequential order of the Supreme...
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...International Legal and Ethical Issues LAW/421 December 18,2012 International Legal and Ethical Issues Our society is involved in a global economy that deals with many countries, cultures, business ethics, monetary differences, and government policies. International transactions are made daily through legal channels that are set up to provide a smooth transition between entities. Provisions of legal guidelines assist in providing the parties parameters of acceptable and unacceptable behavior and consequences in respect to legal disputes of transactions. International transactions may include joint ventures, contract negotiations, employee wage compensation, enforcement of corporate contracts, merger and acquisitions, complex litigation, taxes, securities, and many more corporate decisions. The complexity of International law is best served with counsel that is knowledgeable on international affairs, and government policies. Bilingual counsel in several languages is a great asset to the business team as this provides translation effectiveness for a fairer representation in legal matters. International law is a very different forum of law due to the fact it does not have a governing body or set of laws to follow. International law is negotiated between different countries and the policies and laws of each country to meet a satisfactory line of agreement between the two entities. International law encompasses a collection of agreements, treaties, charters, and protocols...
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...THE RENATIONALIZATION OF YPF UNDER INTERNATIONAL LAW; A CASE STUDY Nina van Limburg Stirum Brouwersgracht 48-1, 1013GX Amsterdam 0621500446 Ninavls@hotmail.com 10127305 Bachelor essay supervisor: Jim Mathis Contents THE RENATIONALIZATION OF YPF UNDER INTERNATIONAL LAW; A CASE STUDY Introduction 3 Chapter 1: Expropriation and Nationalization in general 3 Chapter 2: Nationalization under international law 5 1: Public Purpose 6 2: Discrimination 7 3: Due Process 8 4: Compensation 9 Investment Treaties 9 Chapter 3: YPF; Yacimientos Petrolíferos Fiscales 13 Short history 13 April 2012 14 Chapter 4: Nationalization of YPF under international law 15 Access to the ICSID 17 Application of the law 18 Ad. 1: Public interest 18 Ad. 2: Discriminatory measures 19 Ad. 3:In accordance with the law (Due process) 20 Ad. 4: Adequate compensation 20 Conclusion 23 Bibliography 24 Introduction On the 16th April 2012 Argentine president Cristina Fernandez de Kirchner stated that her government was going to renationalize 51 per cent of the 58 per cent share of Yacimientos Petrolíferos Fiscales (YPF) owned by Repsol. YPF is the biggest Argentine oil company, since 1999 partly owned by the Spanish multinational Repsol. After months of negotiations the Argentine government accused Repsol of not investing sufficiently in YPF to maintain or recover reserves. Due to Repsol’s alleged neglect towards YPF the country...
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...Ad idem ‘12 | Jurisdictional Issues in Cyber Crimes | | | | | Arashdeep Singh Gurm Address: #181 Anand Nagar A, Gurudwara Street Patiala(147001) E-Mail Id: arashdeepgurm@gmail.com Contact Number: 7508729986,9646020181 RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB Mohindra Kothi, Mall Road, Patiala - 147 001 (PUNJAB) | ABSTRACT In this essay I wish to discuss the various types of crimes that are emerging with special reference to developing countries like India By developing we mean where growth of Information Technology is rampant but still it has not reached its peak. Cyber crimes can take place across various jurisdictions and hence the legal issue of jurisdiction of International Courts and country specific Indian Courts arises. Throw light on the present system in India, how it is ineffective and also upon international treaties and legal solutions to deal with the same. I have suggested possible ways to tackle the problem taking into consideration the domestic laws in India. The inefficiency of legislature to enact a more user friendly law is also examined in detail. Turning back our focus on the main legal dilemma of Jurisdiction of Cyber Crime Courts we have suggested a model that would be successful in India taking into consideration its working in other countries. In my concluding remarks a problem solution approach is taking where we have addressed the issue and after due consideration the solution is suggested. If proposal taken...
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