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Full-Text Articles in Law
Plucky Little Russia: Misreading The Georgian War Through The Distorting Lens Of Aggression, Timothy W. Waters
Plucky Little Russia: Misreading The Georgian War Through The Distorting Lens Of Aggression, Timothy W. Waters
Timothy W Waters
Plucky Little Russia: Misreading the Georgian War through the Distorting Lens of Aggression Timothy William Waters Abstract One might expect massed armor crossing an international frontier to constitute the paradigmatic example of aggression – a case perfectly fit to analyze with the rules of jus ad bellum – and in the first flush and shock of the Georgian War in 2008, this is exactly how Western leaders described Russia’s actions. Yet that August, a constellation of circumstances combined to produce an anomalous outcome: an international war without any aggressor or any wrongful violation of territorial integrity. In theory – in …
A Kind Of Judgment: Searching For Judicial Narratives After Death, Timothy W. Waters
A Kind Of Judgment: Searching For Judicial Narratives After Death, Timothy W. Waters
Timothy W Waters
This Article is a work of original research interrogating the relationship between international criminal law and post-conflict reconciliation. Much of international criminal law’s attraction rests on the authoritative narrative theory: the claim that law’s authoritative judgments create incontestable narratives, which form the foundation for reconciliation in divided societies. So what happens when there is no judgment? By turning scholarship’s attention towards a terminated trial, this Article develops an indirect but powerful challenge to one of the dominant views about what international criminal law is for, with interdisciplinary implications for international law, international relations, diplomacy and political science. What can be …
Assuming Bosnia: Taking The Polity Seriously In Ethnically Divided Societies, Timothy W. Waters
Assuming Bosnia: Taking The Polity Seriously In Ethnically Divided Societies, Timothy W. Waters
Timothy W Waters
This essay is a reflection on democracy, justice and intervention. It focuses on the Bosnian experience, where since the Dayton Accords the indispensable context for reform has been the international protectorate. This essay examines the assumptions used by the international community to govern Bosnia, which suggest a policy premised upon resistance to the fragmentation of the state under any circumstances, and a belief that the international intervention is simultaneously morally justified and a purely technical process for increasing efficiency. How necessary – indeed, how related at all – are those commitments to the dictates of justice? What is their relationship …
Assuming Bosnia: Democracy After Srebrenica, Timothy W. Waters
Assuming Bosnia: Democracy After Srebrenica, Timothy W. Waters
Timothy W Waters
Assuming Bosnia: Democracy after Srebrenica Timothy William Waters Associate Professor, Indiana University School of Law (Bloomington) This essay is a reflection on democracy, justice and intervention. It focuses on the Bosnian experience, which requires one to consider several actors: Bosnia as a state, Bosnians as a people or peoples, and the international community. For since Dayton, the indispensable context for reform in Bosnia has been the international protectorate, which is to say the deliberate abrogation of autonomous, democratic, domestic processes for some defined, and hopefully higher, set of purposes. These purposes are expressed in the Dayton Accords, though increasingly the …
Assuming Bosnia: Taking The Polity Seriously In Ethnically Divided Societies, Timothy W. Waters
Assuming Bosnia: Taking The Polity Seriously In Ethnically Divided Societies, Timothy W. Waters
Timothy W Waters
This essay is a reflection on democracy, justice and intervention. It focuses on the Bosnian experience, where since the Dayton Accords the indispensable context for reform has been the international protectorate. This essay examines the assumptions used by the international community to govern Bosnia, which suggest a policy premised upon resistance to the fragmentation of the state under any circumstances, and a belief that the international intervention is simultaneously morally justified and a purely technical process for increasing efficiency. How necessary – indeed, how related at all – are those commitments to the dictates of justice? What is their relationship …