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Full-Text Articles in International Law
Policing Against The State: United Nations Policing As Violative Of Sovereignty, Alexandra R. Harrington
Policing Against The State: United Nations Policing As Violative Of Sovereignty, Alexandra R. Harrington
San Diego International Law Journal
It is the author's contention that both parties to the policing arrangement-be they individuals, states, or organizations-give up portions of their sovereignty in the creation and maintenance of the police and policed relationship where the police are not serving the state which theoretically guards the policed. Part II of this Article provides a discussion of legal concepts of state sovereignty in international law. Part III examines the role of police in U.N. peacekeeping missions from the first peacekeeping mission entailing policing operations in the 1960s through present day operations. This examination reveals a pattern in the growth and development of …
Sovereignty In Theory And Practice, Winston P. Nagan, Aitza M. Haddad
Sovereignty In Theory And Practice, Winston P. Nagan, Aitza M. Haddad
San Diego International Law Journal
This Article deals with the theory and practice of sovereignty from the perspective of a trend in theoretical perspectives as well as the relevant trend in practice. The Article provides a survey of the leading thinkers’ and philosophers’ views on the nature and importance of sovereignty. The concept of sovereignty is exceedingly complex. Unpacking its meanings and uses over time is challenging. An aspect of this challenge is that the discourse about sovereignty is vibrant among diverse policy, academic, and political constituencies. At times, its narratives are relatively discrete and at other times, the narratives overlap with the discourses from …
Public International Law And The Wto: A Reckoning Of Legal Positivism And Neoliberalism, S. G. Sreejith
Public International Law And The Wto: A Reckoning Of Legal Positivism And Neoliberalism, S. G. Sreejith
San Diego International Law Journal
This Article proceeds in five parts. In part one, I review the scholarly skepticism as to how far international law is law in the "hard" sense and show that this skepticism has always permeated the discipline. In part two, I go on to examine what has prompted contemporary scholarship to credit the WTO with helping international law grow out of the "thin" normativity often attributed to it. The analysis suggests that certain features of legal positivism customarily associated with law in its strict sense, which were alleged to be lacking in international law, are found in the institutional apparatus of …
Can International Law Survive The 21st Century - Yes: With Patience, Persistence, And A Peek At The Past, Dana Zartner Falstrom
Can International Law Survive The 21st Century - Yes: With Patience, Persistence, And A Peek At The Past, Dana Zartner Falstrom
San Diego International Law Journal
With the end of the Cold War-the principal international political framework that shaped the international system since the end of WWII-an increasing number of global tensions have arisen which have brought to the fore questions about the ability of existing international law to provide a guiding framework for state behavior. Debates over the limits of state sovereignty, the appropriateness of humanitarian intervention, the justness of pre-emptive war, the definition of self-defense, the legality of replacing a government in the interests of your ideals, and how to deal with terrorism have dominated discussions around the world. Moreover, these discussions have caused …
The Creation Of International Commercial Law: Sovereignty Felled, Sandeep Gopalan
The Creation Of International Commercial Law: Sovereignty Felled, Sandeep Gopalan
San Diego International Law Journal
The creation of international commercial law presents an interesting paradox for proponents of sovereignty in international law. Indeed, it could be argued that the creation of international commercial law is the vanishing point of sovereignty in that nation states are becoming increasingly less important in the creation of international commercial law with the growth of regional organizations, non-state actors, and international arbitration. This is spurred on by the march of globalization and the consequent need for international commercial law. The term "harmonization" will be used as a surrogate to discuss the creation of international commercial law, as it is the …
Judicial Review And International Law, Michel Troper
Judicial Review And International Law, Michel Troper
San Diego International Law Journal
According to common doctrine, the courts, once established, apply the constitution, the principles expressed in the constitution, and also some principles not always expressed but that are thought to be inherent to any legal system, as for example the principle that the State is sovereign. Like the hierarchy of norms, these principles precede the institution of the courts and their jurisprudence, so that they can be used to evaluate them. True, the principles can be vague, but it is considered one of the tasks of constitutional theory to determine their substance before analyzing case law in their light.
Two Case Studies In Self-Determination: The Rock And The Bailiwick, Inge V. Porter
Two Case Studies In Self-Determination: The Rock And The Bailiwick, Inge V. Porter
San Diego International Law Journal
After looking at the concept of self-determination, its history, meaning, and possible future development in Part II, this Paper will develop two case studies. Part III examines the right of self-determination for the people of Gibraltar, analyzing the relevant U.N. resolutions, agreements, treaties, and legislation that have defined the dispute between Great Britain and Spain. For example, Great Britain has ruled the Rock of Gibraltar for 280 years, primarily using it as a military base; but, today, Spain insists that it did not relinquish absolute sovereignty over Gibraltar to the British by the Treaty of Utrecht in 1713. Part IV …
Not Fade Away: The International Criminal Court And The State Of Sovereignty, Jerry Fowler
Not Fade Away: The International Criminal Court And The State Of Sovereignty, Jerry Fowler
San Diego International Law Journal
Sovereignty concerns were central to the negotiations over the ICC Statute. To be sure, the future court will relate to individuals and States, as well as inter-governmental and non-governmental organizations, in a way that differs from the international institutions created at mid-century. But by designing an institution that must work through and with sovereign States in crucial aspects of its functioning, the ICC Statute presupposes the continued existence of a system based on sovereign States. The Statute's details reinforce the notion that "[d]irectly or indirectly, the entire edifice of international human-rights law is built on state sovereignty." Seen in this …