International Planes Research Articles

Locking in Human Rights: An Exploration of the Barriers to echr Withdrawal

Abstract The possibility of the United Kingdom being able to withdraw from the European Convention on Human Rights (echr or Convention) by way of a denunciation under Article 58(1) of the Convention is complicated by a number of domestic constitutional factors and other international legal obligations. This paper explains how, collectively, these constitute a form of ‘lock in’ to the echr. This makes any future UK withdrawal from the echr highly difficult and liable to cause a range of collateral consequences on the international and domestic legal planes.

Defining Crimes in a Global Age: Criminalization as a Transnational Legal Process

The design of empirical research and theory-building projects in the sociolegal literature on criminalization is often premised on a presumed dichotomy between domestic and international planes of criminal lawmaking. However, in a global era in which domestic processes of criminalization are increasingly shaped by norms, institutions, and actors developed and operating outside national borders, criminalization research should develop a new theoretical frame for studying how international and domestic practices of criminal lawmaking interact with one another. This article builds from the theory of transnational legal orders and the recursivity of law to propose a transnational processual theoretical framework for the study of criminalization. This framework provides tools for investigating how criminal prohibitions are constituted through recursive interactions between actors operating in international, national, and local sites of legal practice. It draws on empirical studies to show how the processes of constructing, applying, and contesting definitions of international and transnational crimes are embedded in broader structures of power. The article demonstrates how a processual theory of transnational criminalization sheds light on important sociolegal questions about the driving forces and consequences of current efforts to harmonize the definitions of criminal activities across national jurisdictions.

Islamic radicalism that never was: Islamic discourse as an extension of the elite’s quest for legitimation. Azerbaijan in focus

Not unlike the global dynamics and the developments in the rest of Central Eurasia, Islamic discourse in Azerbaijan over the past two decades has not reflected the micro-level shifts in the country’s social-cultural landscape. Rather, it has been formed and evolved as a collateral product of the elite’s tactical pursuit of legitimation across domestic and international planes of power. Grounded in its quest for tactical and strategic survival, the elite’s pursuit of Western (and broader international) recognition, in particular, has stood at the core of the elite’s policies toward Islam and molded the confines of state-promoted Islamic discourse. The regime’s overall strategy has been to continuously reinforce the representation of Islam as an imminent danger to the stability and secular nature of Azerbaijani statehood, while positioning itself—in the eyes of both the “liberal,” “democratic” West and the secularized population at home—as the sole force capable of staving off the Islamic threat. At that, the narrative of Islamic radicalism in Azerbaijan has centered around three principal dynamics: the regime’s anti-hijab policies, the regime’s policies toward the settlement of Nardaran in Baku’s suburbs, and the activities of the Islamic Party of Azerbaijan (IPA). This article provides a closer look at all three to expose the elite’s intention of using these as their primary trigger mechanisms and reference points in the quest for Western—and secular domestic—legitimation and, as such, the pursuit of the negative representation of Islam as a threat to secularity and modern statehood.

Transboundary environmental assessment in the Aral Sea basin: the interplay of international and domestic law

This paper discusses the interplay between domestic law and international law taking the example of transboundary environmental assessment. Tracing historical evolution of environmental assessment at domestic and international planes and analyzing legal frameworks that regulate environmental assessment as applied to transboundary waters in the Aral Sea basin, the paper demonstrates how international law and domestic law interact and influence each other in various instances, including norm formation, interpretation, implementation and application. The obligations to conduct transboundary environmental assessment deserve a special attention in the context of the current large scale hydropower development in the Aral Sea basin, shared by Afghanistan, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan. While the countries’ economies and livelihoods of their population depend profoundly on the availability and quality of the basin’s waters, such dependency exacerbated a delicate ecological balance in the region and put under stress its environmental integrity.

Capturing Contemporary Innovation: Studying IDF Innovation against Hamas and Hizballah

The question of what enables some militaries to innovate effectively is of great interest to both scholars and commanders. However, the traditional models of military innovation fail to capture the complex innovation process. This study develops a new analytical framework that examines the pressures on and incentives for military innovation in the international, civil/military, organizational, and cultural planes and uses it to evaluate Israel Defense Forces (IDF) innovation between 2000 and 2009. Based on interviews with Israeli commanders and extensive research in Israel, this work finds that the IDF struggled to innovate before the 2006 war against Hizballah, but innovated effectively after the conflict once military and civilian leaders understood threats similarly. New models are needed to analyze the contemporary multi-dimensional innovative process.

Risk of African swine fever introduction into the European Union through transport-associated routes: returning trucks and waste from international ships and planes

BackgroundThe uncontrolled presence of African swine fever (ASF) in Russian Federation (RF) poses a serious risk to the whole European Union (EU) pig industry. Although trade of pigs and their products is banned since the official notification in June 2007, the potential introduction of ASF virus (ASFV) may occur by other routes, which are very frequent in ASF, and more difficult to control, such as contaminated waste or infected vehicles. This study was intended to estimate the risk of ASFV introduction into the EU through three types of transport routes: returning trucks, waste from international ships and waste from international planes, which will be referred here as transport-associated routes (TAR). Since no detailed and official information was available for these routes, a semi-quantitative model based on the weighted combination of risk factors was developed to estimate the risk of ASFV introduction by TAR. Relative weights for combination of different risk factors as well as validation of the model results were obtained by an expert opinion elicitation.ResultsModel results indicate that the relative risk for ASFV introduction through TAR in most of the EU countries (16) is low, although some countries, specifically Poland and Lithuania, concentrate high levels of risk, the returning trucks route being the analyzed TAR that currently poses the highest risk for ASFV introduction into the EU. The spatial distribution of the risk of ASFV introduction varies importantly between the analyzed introduction routes. Results also highlight the need to increase the awareness and precautions for ASF prevention, particularly ensuring truck disinfection, to minimize the potential risk of entrance into the EU.ConclusionsThis study presents the first assessment of ASF introduction into the EU through TAR. The innovative model developed here could be used in data scarce situations for estimating the relative risk associated to each EU country. This simple methodology provides a rapid and easy to interpret results on risk that may be used for a target and cost-effective allocation of resources to prevent disease introduction.

Human Rights: Universalism and Cultural Relativism

Much mainstream legal comment on human rights law presents an unhelpfully crude picture of disagreement concerning the significance that should be attached to human rights in particular cultural co...

Inside the Cuban Revolution

This is a work of reportage. It does not try to be more than a quick, journalistic glance at the internal situation in Cuba and at the most important forces at work in the Revolution. My observations and conclusions are based on more than a year of living with the Cuban people during 1962 and 1963, the crucial period of the Cuban Revolution, and on reading the principal works and documents which appeared at that time. I deal only with some of the problems which carry over into the present stage of the Revolution and which will continue to exercise influence during the future unfolding of the Cuban Revolution, on both national and international planes. These problems arise from below, from the very structure of the Revolution; and they will exert their pressure whatever policies the revolutionary government may adopt.This article can also be found at the Monthly Review website, where most recent articles are published in full.Click here to purchase a PDF version of this article at the Monthly Review website.

Trade-union Freedom on National and International Planes, The Position of the Lawyer: A Mirror of the Legal Conditions in the State, The Force of Education and Propaganda in Destroying the Consciousness of Freedom under Law, Die Verteidigung der fundamentalen Rechtsprinzipien: eine Aufgabe aller Juristen, Les Droits de l'accusé dans le procès pénal, The Essence of a Totalitarian State, The Essence

Journal Article Trade-union Freedom on National and International Planes, The Position of the Lawyer: A Mirror of the Legal Conditions in the State, The Force of Education and Propaganda in Destroying the Consciousness of Freedom under Law, Die Verteidigung der fundamentalen Rechtsprinzipien: eine Aufgabe aller Juristen, Les Droits de l'accusé dans le procès pénal, The Essence of a Totalitarian State, The Essence of the Rule of Law, Verfassungsrecht und Verfassungswirklichkeit, The Responsibility of the Legislative, Executive and Judicial Organs of the State According to International Penal Law and Limits of State Interference with Civil Rights Get access Trade-union Freedom on National and International Planes. An Address by Alfred Braunthal. 14 June 1955. 13 pp.The Position of the Lawyer: A Mirror of the Legal Conditions in the State. An Address by A. J. M. Van Dal. Delivered 17 June 1955. 16 pp.The Force of Education and Propaganda in Destroying the Consciousness of Freedom under Law. An Address by Per Olof Ekelöf. Delivered 17 June 1955. 11 pp.Die Verteidigung der fundamentalen Rechtsprinzipien: eine Aufgabe aller Juristen. An Address by Theo Friedenau 17 Juni 1955. 18 pp.Les Droits de l'accusé dans le procès pénal. An Address by Jean Graven. 14 Juin 1955. 28 pp.The Essence of a Totalitarian State. An Address by Vladimir Gsovski. Delivered 13 June 1955. 62 pp.The Essence of the Rule of Law. An Address by Charles J. Hamson. Delivered 13 June 1955. 15 pp.Verfassungsrecht und Verfassungswirklichkeit. An Address by Reinhart Maurach 14 Juni 1955. 19 pp.The Responsibility of the Legislative, Executive and Judicial Organs of the State According to International Penal Law. An Address by Bernard V. A. Röling. Delivered 16 June 1955. 24 pp.Limits of State Interference with Civil Rights. An Address by Navroz Behram Vakil. Delivered 14 June 1955. 26 pp.(All these addresses were given at the International Congress of Jurists, Athens, Greece.) The Hague, International Commission of Jurists, 1955. (For the Rule of Law.) 8″×5½″. No price. F. Honig F. Honig Search for other works by this author on: Oxford Academic Google Scholar International Affairs, Volume 33, Issue 1, January 1957, Pages 89–90, https://doi.org/10.2307/2604489 Published: 01 January 1957