Sovereignty as Inviolability
Sovereignty as Inviolability

Author: Frans-Willem Korsten

Publisher: Uitgeverij Verloren

Published: 2009

Total Pages: 234

ISBN-13: 9087041314

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Sovereignty was a key issue in the baroque, and especially in the Dutch Republic with its incredibly complicated political organisation. Consequently, sovereignty was explored in and through Joost van den Vondel'S theatre plays. Vondel sensed a fundamental problem in the construction of Europe'S politico-cultural 'House'. The questions he asked with respect to that construction concerned the relationship between theology and politics, including in terms of gender and culture. Because these questions could barely be considered explicitly, let alone actually discussed, they had to be presented through literature theatre. A close reading of a number of plays reveals not only a pivotal discussion that concerns Vondel'S own times, but also an on-going struggle in the European exploration of sovereignty. In that context, power and potency a distinction made by Spinoza determine the status of sovereignty that any body can acquire.

Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations
Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations

Author: Michael N. Schmitt

Publisher: Cambridge University Press

Published: 2017-02-02

Total Pages: 641

ISBN-13: 1316828646

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Tallinn Manual 2.0 expands on the highly influential first edition by extending its coverage of the international law governing cyber operations to peacetime legal regimes. The product of a three-year follow-on project by a new group of twenty renowned international law experts, it addresses such topics as sovereignty, state responsibility, human rights, and the law of air, space, and the sea. Tallinn Manual 2.0 identifies 154 'black letter' rules governing cyber operations and provides extensive commentary on each rule. Although Tallinn Manual 2.0 represents the views of the experts in their personal capacity, the project benefitted from the unofficial input of many states and over fifty peer reviewers.

Diplomatic Law
Diplomatic Law

Author: Eileen Denza

Publisher: Oxford University Press

Published: 2016

Total Pages: 472

ISBN-13: 0198703961

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The 1961 Vienna Convention on Diplomatic Relations has for over 50 years been central to diplomacy and applied to all forms of relations among sovereign States. Participation is almost universal. The rules giving special protection to ambassadors are the oldest established in international law and the Convention is respected almost everywhere. But understanding it as a living instrument requires knowledge of its background in customary international law, of the negotiating history which clarifies many of its terms and the subsequent practice of states and decisions of national courts which have resolved other ambiguities. Diplomatic Law provides this in-depth Commentary. The book is an essential guide to changing methods of modern diplomacy and shows how challenges to its regime of special protection for embassies and diplomats have been met and resolved. It is used by ministries of foreign affairs and cited by domestic courts world-wide. The book analyzes the reasons for the widespread observance of the Convention rules and why in the special case of communications - where there is flagrant violation of their special status - these reasons do not apply. It describes how abuse has been controlled and how the immunities in the Convention have survived onslaught by those claiming that they should give way to conflicting entitlements to access to justice and the desire to punish violators of human rights. It describes how the duty of diplomats not to interfere in the internal affairs of the host State is being narrowed in the face of the communal international responsibility to monitor and uphold human rights.

The Position of Heads of State and Senior Officials in International Law
The Position of Heads of State and Senior Officials in International Law

Author: Joanne Foakes

Publisher: Oxford University Press

Published: 2014

Total Pages: 257

ISBN-13: 0199640289

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A comprehensive and in-depth study of the legal position in international law of heads of state, heads of government and other senior state officials, this book analyses relevant treaties, case law, and custom to set out the law in this area and provide practical guidance.

The Law of State Immunity
The Law of State Immunity

Author: Hazel Fox

Publisher: OUP Oxford

Published: 2013-08-29

Total Pages: 3290

ISBN-13: 0191669768

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The doctrine of state immunity bars a national court from adjudicating or enforcing claims against foreign states. This doctrine, the foundation for high-profile national and international decisions such as those in the Pinochet case and the Arrest Warrant cases, has always been controversial. The reasons for the controversy are many and varied. Some argue that state immunity paves the way for state violations of human rights. Others argue that the customary basis for the doctrine is not a sufficient basis for regulation and that codification is the way forward. Furthermore, it can be argued that even when judgments are made in national courts against other states, the doctrine makes enforcement of these decisions impossible. This fully restructured new edition provides a detailed analysis of these issues in a more clear and accessible manner. It provides a nuanced assessment of the development of the doctrine of state immunity, including a general comprehensive overview of the plea of immunity of a foreign state, its characteristics, and its operation as a bar to proceedings in national courts of another state. It includes a coherent history and justification of the plea of state immunity, demonstrating its development from the absolute to the restrictive phase, arguing that state immunity can now be seen to be developing into a third phase which uses immunity allocate adjudicative and enforcement jurisdictions between the foreign and the territorial states. The United Nations Convention on Jurisdictional Immunities of states and their Property is thoroughly assessed. Through a detailed examination of the sources of law and of English and US case law, and a comparative analysis of other types of immunity, the authors explore both the law as it stands, and what it could and should be in years to come.

Definition and Development of Human Rights and Popular Sovereignty in Europe
Definition and Development of Human Rights and Popular Sovereignty in Europe

Author: European Commission for Democracy through Law

Publisher: Council of Europe

Published: 2011-01-01

Total Pages: 236

ISBN-13: 9789287171344

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What role do the people play in defining and developing human rights? This volume explores the very topical issue of the lack of democratic legitimisation of national and international courts and the question of whether rendering the original process of defining human rights more democratic at the national and international level would improve the degree of protection they afford. The authors venture to raise the crucial question: When can a democratic society be considered to be mature enough so as to be trusted to provide its own definition of human rights obligations?

Sovereignty & the Responsibility to Protect
Sovereignty & the Responsibility to Protect

Author: Luke Glanville

Publisher: University of Chicago Press

Published: 2013-12-20

Total Pages: 305

ISBN-13: 022607708X

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In 2011, the United Nations Security Council adopted Resolution 1973, authorizing its member states to take measures to protect Libyan civilians from Muammar Gadhafi’s forces. In invoking the “responsibility to protect,” the resolution draws on the principle that sovereign states are responsible and accountable to the international community for the protection of their populations and that the international community can act to protect populations when national authorities fail to do so. The idea that sovereignty includes the responsibility to protect is often seen as a departure from the classic definition, but it actually has deep historical roots. In Sovereignty and the Responsibility to Protect, Luke Glanville argues that this responsibility extends back to the sixteenth and seventeenth centuries, and that states have since been accountable for this responsibility to God, the people, and the international community. Over time, the right to national self-governance came to take priority over the protection of individual liberties, but the noninterventionist understanding of sovereignty was only firmly established in the twentieth century, and it remained for only a few decades before it was challenged by renewed claims that sovereigns are responsible for protection. Glanville traces the relationship between sovereignty and responsibility from the early modern period to the present day, and offers a new history with profound implications for the present.

State Sovereignty and International Criminal Law
State Sovereignty and International Criminal Law

Author: Morten Bergsmo

Publisher: Torkel Opsahl Academic EPublisher

Published: 2012-11-19

Total Pages: 300

ISBN-13: 829308135X

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'State sovereignty' is often referred to as an obstacle to criminal justice for core international crimes by members of the international criminal justice movement. The exercise of State sovereignty is seen as a shield against effective implementation of such crimes. But it is sovereign States that create and become parties to international criminal law treaties and jurisdictions. They are the principal enforcers of criminal responsibility for international crimes, as reaffirmed by the complementarity principle on which the International Criminal Court (ICC) is based. Criminal justice for atrocities depends entirely on the ability of States to act. This volume revisits the relationship between State sovereignty and international criminal law along three main lines of inquiry. First, it considers the immunity of State officials from the exercise of foreign or international criminal jurisdiction. Secondly, with the closing down of the ad hoc international criminal tribunals, attention shifts to the exercise of national jurisdiction over core international crimes, making the scope of universal jurisdiction more relevant to perceptions of State sovereignty. Thirdly, could the amendments to the ICC Statute on the crime of aggression exacerbate tensions between the interests of State sovereignty and accountability? The book contains contributions by prominent international lawyers including Professor Christian Tomuschat, Judge Erkki Kourula, Judge LIU Daqun, Ambassador WANG Houli, Dr. ZHOU Lulu, Professor Claus Kre, Professor MA Chengyuan, Professor JIA Bingbing, Professor ZHU Lijiang and Mr. GUO Yang.