The Myth of the Cold War: Is 1991 Really a Turning Point for the Neutrality of International Law Regarding Democratic Governance?

2017 ◽  
Author(s):  
IIIl Aral
Keyword(s):  
Cold War ◽  
International Law ◽  
Turning Point ◽  
Democratic Governance ◽  
The Cold War

On the Road to Vienna

2017 ◽  
Author(s):  
Kai Bruns
Keyword(s):  
Cold War ◽  
International Law ◽  
The Road ◽  
Progressive Development ◽  
History Of ◽  
On The Road ◽  
The Cold War ◽  
International Law Commission ◽  
Law Commission

This chapter focuses on the negotiations that preceded the 1961 Vienna Conference (which led to the conclusion of the VCDR). The author challenges the view that the successful codification was an obvious step and refers in this regard to a history of intense negotiation which spanned fifteen years. With particular reference to the International Law Commission (ILC), the chapter explores the difficult task faced by ILC members to strike a balance between the codification of existing practice and progressive development of diplomatic law. It reaches the finding that the ILC negotiations were crucial for the success of the Conference, but notes also that certain States supported a less-binding form of codification. The chapter also underlines the fact that many issues that had caused friction between the Cold War parties were settled during the preparatory meetings and remained largely untouched during the 1961 negotiations.

Italy

2018 ◽  
Author(s):  
Fabrizio Coticchia
Keyword(s):  
Cold War ◽  
Literature Review ◽  
Turning Point ◽  
Armed Forces ◽  
First Century ◽  
Military Interventions ◽  
Post Cold War ◽  
Secondary Sources ◽  
The World ◽  
The Cold War

Since the end of the bipolar era, Italy has regularly undertaken military interventions around the world, with an average of 8,000 units employed abroad in the twenty-first century. Moreover, Italy is one of the principal contributors to the UN operations. The end of the cold war represented a turning point for Italian defence, allowing for greater military dynamism. Several reforms have been approved, while public opinion changed its view regarding the armed forces. This chapter aims to provide a comprehensive perspective of the process of transformation that occurred in post-cold-war Italian defence, looking at the evolution of national strategies, military doctrines, and the structure of forces. After a brief literature review, the study highlights the process of transformation of Italian defeshnce policy since 1989. Through primary and secondary sources, the chapter illustrates the main changes that occurred, the never-ending cold-war legacies, and key challenges.

Geopolitics of a Divided Europe

2015 ◽  
Vol 29 (2) ◽  
pp. 531-540 ◽  
Author(s):  
Mitchell A. Orenstein
Keyword(s):  
Cold War ◽  
Central And Eastern Europe ◽  
Turning Point ◽  
The European Union ◽  
The West ◽  
The Past ◽  
Russian President ◽  
Long Time ◽  
The Cold War ◽  
Two Sides

Europe is again a divided continent. When it comes to governance, political economy, or values, two contrasting poles have emerged: one Western, liberal, and democratic, another Eastern, statist, and autocratic. The dividing line between them has become ever sharper, threatening to separate Europe into two distinct worlds. This new divide in Europe arises from a clash between two geopolitical concepts for the continent: One is the Western project of a “Europe whole and free,” an enlarging zone of economic cooperation, political interdependency, and democratic values. The other is the Russian project of a “Eurasian Union” to rival the European Union. This article shows how these two sides of Europe have grown further apart in their conceptions of the European space, their values, governance, and economic models. It explores the reasons for the belated Western responses to Russian President Vladimir Putin’s program to divide Europe. The Russo-Georgian war was a turning point, but the West took a long time to recognize the full implications of Putin’s policy. The current confrontation between Russia and the West is not exactly like the Cold War. Russia’s position is weaker. And the battle will be fought out primarily with economic instruments. However, it is clear that this conflict places Central and Eastern Europe back on the front lines of a divided Europe, raising any number of demons from the past.

a declaration on friendly relations

2021 ◽  
pp. 147-184
Author(s):  
Gerry Simpson
Keyword(s):  
Cold War ◽  
International Law ◽  
Cuban Missile Crisis ◽  
John Adams ◽  
Fidel Castro ◽  
Nikita Khrushchev ◽  
Literary Figure ◽  
The Cold War

This chapter reconstructs, in a descriptive and aspirational mode, lawful friendship through an encounter between the literary figure of ‘the friend’ and an international law of friendly and unfriendly relations. It begins with a gesture of elegiac friendship before locating friendship in an international law of enemies, criminals, pirates and neutrals. It finishes by elaborating a politics of international legal friendship and makes a plea for a tentative, careful friendliness suggested by friendships found in Montaigne, Nietzsche and Derrida, and in three moments of friendship set in the Cold War: one literary (the depiction of friendship in John Adams’ opera, Nixon in China), one an unlikely performance of anti-imperial friendly relations (the friendship between Nehru and Tito, begun in Belgrade) and one epistolary (a letter sent by Nikita Khrushchev to Fidel Castro in the aftermath of the Cuban Missile Crisis). Each represents in its rudimentary way a ‘lawful friendship’, a declaration on friendly relations.

Reinterpretation or Contestation of International Law in Cyberspace?

2019 ◽  
Vol 52 (3) ◽  
pp. 295-326 ◽  
Author(s):  
François Delerue
Keyword(s):  
Cold War ◽  
United Nations ◽  
International Law ◽  
International Security ◽  
Comprehensive Analysis ◽  
Cyber Threats ◽  
The Third ◽  
Key Points ◽  
The Cold War

Since the end of the Cold War, international law has increasingly been challenged by states and other actors. Specific norms have also been challenged in their application by new realities and obstacles. This article focuses on these challenges as they arise from the development of cyberspace and cyber operations, and offers an overview of the main questions arising with regard to the application of international law to cyber operations. By analysing the application of the existing norms of international law to cyber operations as well as identifying their limits, the article offers an accurate lens through which to study the contestation or process of reinterpretation of some norms of international law. The objective of the article is not to deliver a comprehensive analysis of how the norms of international law apply to cyber operations but to provide an overview of the key points and issues linked to the applicability and application of the norms as well as elements of contextualisation, notably after the failure of the 2016–17 United Nations Group of Governmental Experts on Developments in the Field of Information and Telecommunications in the Context of International Security. The article comprises three parts. The first part focuses on the applicability of international law to cyber operations. The second part identifies challenges that affect the applicability and application of international law in general, while the third part analyses challenges that affect specific norms of international law, highlighting their limits in dealing with cyber threats.

International Law and Transnational Organised Crime

2016 ◽  
Keyword(s):  
Cold War ◽  
International Law ◽  
Organized Crime ◽  
Armed Conflict ◽  
Practical Importance ◽  
Organised Crime ◽  
Transnational Organized Crime ◽  
Law Of Armed Conflict ◽  
High Level ◽  
The Cold War

Since the end of the Cold War, states have become increasingly engaged in the suppression of transnational organised crime. The existence of the UN Convention Against Transnational Organised Crime and its Protocols demonstrates the necessity to comprehend this subject in a systematic way. Synthesizing the various sources of law that form this area of growing academic and practical importance, this book provides readers with a thorough understanding of the key concepts and legal instruments in international law governing transnational organized crime. The volume analyses transnational organised crime in consideration of the most relevant subareas of international law, such as international human rights and the law of armed conflict. Written by internationally recognized scholars in international and criminal law as well as respected high-level practitioners, this book is a useful tool for lawyers, public agents, and academics seeking straightforward and comprehensive access to a complex and significant topic.

Part 1 The Cold War Era (1945–89), 26 The US Hostage Rescue Operation in Iran—1980

2018 ◽  
Author(s):  
Forteau Mathias ◽  
Ying Xiu Alison See
Keyword(s):  
Cold War ◽  
International Law ◽  
International Organizations ◽  
Present Contribution ◽  
Rescue Operation ◽  
Customary International Law ◽  
Self Help ◽  
The Us ◽  
Cold War Era ◽  
The Cold War

The present contribution discusses the US hostage recuse operation in Iran in 1980. After the presentation of the relevant facts and context of the (eventually aborted) operation, including the official positions of the US and Iran as publicly expressed at that time, the present contribution assesses the legality of the operation, taking into account the reactions of other states and competent international organizations. The legality of the operation is assessed under Article 2(4) and 51 of the UN Charter and other possible exceptions under customary international law such as self-help. It concludes that it is doubtful that the operation was in conformity with international law.

Part 1 The Cold War Era (1945–89), 13 The Intervention in Czechoslovakia—1968

2018 ◽  
Author(s):  
Hafner Gerhard
Keyword(s):  
Cold War ◽  
Soviet Union ◽  
International Law ◽  
Political System ◽  
The Political ◽  
Leading Role ◽  
The Soviet Union ◽  
Valid Consent ◽  
The Cold War

This contribution discusses the intervention of five member states of the Warsaw Pact Organization under the leading role of the Soviet Union in the CSSR in August 1968, which terminated the “Prague Spring” in a forceful manner. After presenting the facts of this intervention and its reasons, it describes the legal positions of the protagonists of this intervention as well as that of the states condemning it, as presented in particular in the Security Council. It then examines the legality of this intervention against general international law and the particular views of the Soviet doctrine existing at that time, defending some sort of socialist (regional) international law. This case stresses the requirement of valid consent for the presence of foreign troops in a country and denies the legality of any justification solely based on the necessity to maintain the political system within a state.

Unilateral Economic Sanctions, International Law, and Human Rights

2019 ◽  
Vol 33 (3) ◽  
pp. 291-302 ◽  
Author(s):  
Idriss Jazairy
Keyword(s):  
Human Rights ◽  
Cold War ◽  
International Law ◽  
Economic Sanctions ◽  
Self Determination ◽  
Berlin Wall ◽  
The West ◽  
Eventual Collapse ◽  
The Cold War ◽  
United Nations Charter

AbstractAs part of the roundtable “Economic Sanctions and Their Consequences,” this essay examines unilateral coercive measures. These types of sanctions are applied outside the scope of Chapter VII of the United Nations Charter, and were developed and refined in the West in the context of the Cold War. Yet the eventual collapse of the Berlin Wall did not herald the demise of unilateral sanctions; much to the contrary. While there are no incontrovertible data on the extent of these measures, one can safely say that they target in some way a full quarter of humanity. In addition to being a major attack on the principle of self-determination, unilateral measures not only adversely affect the rights to international trade and to navigation but also the basic human rights of innocent civilians. The current deterioration of the situation, with the mutation of embargoes into blockades and impositions on third parties, is a threat to peace that needs to be upgraded in strategic concern.

Europe after the Cold War: interstate order or post-sovereign regional system?

1999 ◽  
Vol 25 (5) ◽  
pp. 201-223 ◽  
Author(s):  
WILLIAM WALLACE
Keyword(s):  
Cold War ◽  
International Relations ◽  
International Law ◽  
World Politics ◽  
State System ◽  
Global State ◽  
European State ◽  
Religious Wars ◽  
Regional System ◽  
The Cold War

The changing structure of European order poses, for any student of international relations, some fundamental questions about the evolution of world politics. Concepts of European order and of the European state system are, after all, central to accepted ideas of international relations. Out of the series of conflicts and negotiations—religious wars, coalitions to resist first the Hapsburg and then the Bourbon attempt at European hegemony—developed ideas and practices which still structure the contemporary global state system: the equality of states; international law as regulating relations among sovereign and equal states; domestic sovereignty as exclusive, without external oversight of the rules of domestic order. The ‘modern’ state system, modern scholars now agree, did not spring fully-clothed from the Treaty of Westphalia at the close of the Thirty Years' War; it evolved through a succession of treaties and conferences, from 1555 to 1714. It remains acceptable, nevertheless, to describe the European state order as built around the Westphalian system.

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