scholarly journals The Icesave Dispute: A Case Study into the Crisis of Diplomacy during the Credit Crunch

2017 ◽  
Vol 12 (1) ◽  
Author(s):  
Eiríkur Bergmann
Keyword(s):  
The Netherlands ◽  
International Relations ◽  
International Law ◽  
International Organizations ◽  
Credit Crunch ◽  
Private Law ◽  
Public And Private ◽  
The Uk ◽  
The Eu

The Icesave dispute Iceland fought with governments of the UK and the Netherlands revealed inherent weaknesses in the European financial system. Bringing forward tensions between public and private law and falling outside the framework of traditionally neatly compartmentalized law the ambiguity of responsibilities was testing understandings and interpretations of international relations. The paper explores how larger and more powerful countries were politically able to pressure a much smaller state in time of crisis into abiding to their own interpretation of international law and in doing so rallying behind them support of international organizations like the EU and the IMF. In January 2013 the EFTA Court finally ruled on the issue, vindicating Iceland of wrongdoing and refusing the UK’s, the Netherland’s and the EU’s claims. Studying the Icesave dispute contributes to understandings of production of international legality trough practices and contested interpretations in the international realm.

Dispute Settlement of Diplomatic Relation Reviewed In International Law (Case Study of Spionageburning Australia on The President of Indonesia)

2021 ◽  
Vol 1 (1) ◽  
Author(s):  
Muhammad Iqbal Baiquni
Keyword(s):  
International Relations ◽  
International Law ◽  
Dispute Settlement ◽  
Code Of Conduct ◽  
Qualitative Approach ◽  
Legal Research ◽  
Bilateral Relations ◽  
Final Settlement ◽  
First Time

<div><p class="abstract">The case of espionage or spying by Australia against Indonesia is not the first time, but there have been several attempts of espionage against Indonesia. This espionage act is an act of secretly collecting intelligence data in international relations in a country. In this paper, we discuss the wiretapping case and its resolution. This paper uses normative legal research with a qualitative approach. This paper examines the chronology of cases of tapping by Australia against Indonesia, wiretapping in human rights and international law, as well as the final settlement of tensions between Indonesia and Australia through an agreement on the Code of Conduct to normalize bilateral relations between the two countries.</p></div>

El informe sobre las implicaciones de la independencia de Escocia y su adhesión a la Unión Europea

2014 ◽  
pp. 981-1016
Author(s):  
Carlos COELLO MARTÍN ◽  
Fernando GONZÁLEZ BOTIJA
Keyword(s):  
International Law ◽  
Alternative Possibility ◽  
British Government ◽  
International Organisations ◽  
New States ◽  
University Of Edinburgh ◽  
Scottish Independence ◽  
The Uk ◽  
The University ◽  
The Eu

LABURPENA: Gobernu britainiarrak azterketa bat argitaratu du Eskozia burujabe batek ekarriko lituzkeen ondorioei buruz. Dokumentu horri erantsita doa bi irakasleren azterketa (James Crawford eta Alan Boyle, Edinburgoko Unibertsitatekoak), Eskoziaren burujabetza-erreferendumari buruzko alderdi juridikoak jorratuz. Bertan ondorioztatzen denez, Eskozia burujabe egiten bada, estatu berritzat hartuko da nazioarteko Zuzenbidearen ikuspegitik, eta gainerako estatuak oraingo Erresuma Batua ordeztuko luke, bere erakundeei eutsiz, eta bi estatu berri agertzearen ideia baztertuz. Horregatik, gainerako Erresuma Batuak orain kide den nazioarteko erakundeen kide izaten jarraituko luke, eta Eskoziak bere atxikipena eskatu beharko luke estatu berri gisa. Hala gertatuko litzateke, adibidez, Europar Batasunarekin. RESUMEN: El Gobierno britanico ha publicado un documento de analisis sobre las implicaciones que conllevaria una Escocia independiente. Como anexo a dicho documento se encuentra el estudio de dos profesores (James Crawford y Alan Boyle de la Universidad de Edimburgo) que analizan los aspectos juridicos del referendum sobre la independencia de Escocia. En ese estudio se concluye que si Escocia llega a ser independiente, se considerara como un nuevo Estado desde el punto de vista del Derecho internacional y el resto del actual Estado sucedera al actual Reino Unido, conservando sus instituciones, rechazandose la idea de que aparezcan dos nuevos Estados. Por ello el resto del Reino Unido continuaria como miembro de las organizaciones internacionales de las que es actualmente miembro, mientras que Escocia tendria que solicitar su adhesion como un nuevo Estado. Este seria el caso de la Union Europea. ABSTRACT: The British Government has published a major analysis paper on the implications of Scottish independence: ≪Scotland Analysis: Devolution and the Implications of Scottish Independence≫. The paper annexes an Opinion written by Professor James Crawford along with Professor Alan Boyle of the University of Edinburgh, entitled ‘Opinion: Referendum on the Independence of Scotland – International Law Aspects’. The Opinion concludes that if Scotland becomes independent, it will be considered a new state as a matter of international law and the remainder of the UK will continue the legal identity of the UK and retain its existing institutions generally uninterrupted. It rejects the alternative possibility that Scotland and the remainder of the UK will both be considered new states. The Opinion also concludes that one consequence of this is that the remainder of the UK will continue its membership of international organisations, whereas Scotland will have to join many of them as a new state. In particular, Scotland will have to join the EU as a new member state.

Conceptual Toolkit

2019 ◽  
pp. 15-44
Author(s):  
Christina Eckes
Keyword(s):  
Conceptual Framework ◽  
International Law ◽  
International Organizations ◽  
Legal Order ◽  
Core Potential ◽  
The Core ◽  
Different Dimensions ◽  
The Eu ◽  
Legal Mandate

Chapter 1 sets out the conceptual framework for the rest of the book. It first and foremost develops the meaning and relevance of structures of bonding that formally legally connect the Union and its citizens. One prominent example is the European Parliament’s legal mandate to represent EU citizens. The chapter further identifies the autonomy and effectiveness of the EU legal order as the unique features that set it apart from international organizations and international law. The potential of structures of bonding depends on these features. Chapter 1 also develops the mutually dependant relationships of autonomy, effectiveness, structures of bonding, and the legitimacy of the Union and its actions. It identifies different dimensions of legitimacy and emphasizes, drawing on Jürgen Habermas, justifiability or, even more precisely, worthiness of recognition (Annerkennungswürdigkeit) as the core of legitimacy. Justification to individuals, as EU citizens and national citizens, returns in all the following chapters as a necessary precondition for legitimacy and as the core potential of bonding structures.

Part I Introduction, Ch.3 The Law and Politics of International Organizations

2016 ◽  
Author(s):  
Dunoff Jeffrey L
Keyword(s):  
International Relations ◽  
International Law ◽  
International Organizations ◽  
The Political ◽  
Law And Politics ◽  
Theoretical Approaches ◽  
Political Implications ◽  
Key Characteristics ◽  
The Creation ◽  
Institutional Fragmentation

This chapter describes the contours of the international law (IL) and international relations (IR) scholarship on international organizations (IOs), as well as some of its key characteristics and debates. It proceeds in three parts. Part I briefly surveys the major theoretical approaches to the creation and functions of IOs found in the IL and IR literature. Part II analyzes the most important conceptual debates that have occupied IO scholars in recent years, including debates over the autonomy, accountability, and legitimacy of IOs. Part III explores a cluster of policy dilemmas, including the political implications of institutional fragmentation, how to manage IO interactions, and why IOs increasingly seem unable to effectively address matters of pressing international concern.

14. Enforcement

2020 ◽  
pp. 294-310
Author(s):  
Paola Gaeta ◽  
Jorge E. Viñuales ◽  
Salvatore Zappalà
Keyword(s):  
International Relations ◽  
International Law ◽  
International Organizations ◽  
Armed Force ◽  
Typical Form

This chapter analyses the enforcement of international law by States acting individually, that is, decentralized enforcement, including by their courts, as well as through retortion or countermeasures (once called reprisals). This is the typical form of enforcement under traditional international law. At the same time, enforcement might take place through measures taken by States acting collectively, that is, through mechanisms that include resort to collective measures, such as those adopted at the UN level (or within other international organizations), which can lead to collective sanctions. The first form of enforcement looks at the traditional law governing retortion and reprisals or countermeasures (as they are now called), as well as at the post-1945 law, taking into account that the ban on the use of armed force in international relations imposes that all enforcement measures taken by States individually must be peaceful. The second form examines the issue of collective sanctions, such as those taken at UN level.

11. EU International Relations Law

EU Law ◽  
2020 ◽  
pp. 367-429
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Climate Change ◽  
International Relations ◽  
International Terrorism ◽  
Eu Law ◽  
External Relations ◽  
Global Presence ◽  
Policy Fields ◽  
The Uk ◽  
International Representation ◽  
The Eu

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses EU law on international relations. The area of external relations has become increasingly important in recent years, as the EU strives to enhance its global presence on issues such as trade, climate change, development, human rights, and international terrorism. Some of the crucial issues for the conduct of EU international relations are effective coordination across policy fields, coordination between the EU and the Member States, and coordination at the level of international representation. Consistency across and between policies has become a constitutional requirement of EU external relations. The UK version contains a further section analysing how far EU law concerning international relations impacts on the UK post-Brexit.

Historic analogs of civil confiscation of unexplained wealth – the case of Bulgaria

2020 ◽  
Vol 27 (2) ◽  
pp. 561-571
Author(s):  
Todor Kolarov
Keyword(s):  
Theoretical Basis ◽  
Design Methodology ◽  
Roman Law ◽  
Private Law ◽  
Public And Private ◽  
Content Type ◽  
Civil Proceedings ◽  
Unjustified Enrichment ◽  
The Right

Purpose Using Bulgarian legislation on civil confiscation and analysing the nature of the substantive authority to confiscate unexplained wealth, as well as evaluating research in common and continental law, this paper aims to seek historic parallels for non-punitive civil confiscation of unexplained wealth. Design/methodology/approach The design of this paper is centred on determining whether the substantive authority of the state to confiscate unexplained wealth has a Roman law equivalent. Conducting a review of key elements of the substantive authority for the action in Bulgaria, the research examines the validity of the hypothesis that the right to confiscate has a Roman law equivalent. Findings The research supports the position that the substantive authority to seek civil confiscation relief in Bulgaria has its origin in the overarching principle of unjustified enrichment in Roman law. Considering needed adjustments related to the developed demarcation between public and private law in contemporary law, the action to confiscate unexplained wealth in civil proceedings in the case study jurisdiction has its equivalent in the Roman condictio furtiva. Originality/value This paper sheds light on the theoretical basis for civil asset confiscation of unexplained wealth in one continental law jurisdiction, thus contributing to the on-going debate on the compatibility of civil confiscation of unexplained wealth with the continental law tradition.

Yelling ‘Fire’ in a Crowded Occupation: Cynical Fire Hazard Claims and the Technocratic Containment of Dissent

2019 ◽  
Vol 29 (4) ◽  
pp. 549-573
Author(s):  
Honor Brabazon
Keyword(s):  
Public Space ◽  
Social Relations ◽  
Public Interest ◽  
Fire Hazard ◽  
Research Literature ◽  
Private Law ◽  
Public And Private ◽  
The Public ◽  
Private And Public ◽  
The Uk

While the privatisation of public space has been the subject of considerable research, literature exploring the shifting boundaries between public and private law, and the role of those shifts in the expansion of neo-liberal social relations, has been slower to develop. This article explores the use of fire safety regulations to evict political occupations in the context of these shifts. Two examples from the UK student occupation movement and two from the US Occupy movement demonstrate how discourses and logics of both private and public law are mobilised through fire hazard claims to create the potent image of a neutral containment of dissent on technical grounds in the public interest – an image that proves difficult to contest. However, the recourse to the public interest and to expert opinion that underpins fire hazard claims is inconsistent with principles governing the limited neo-liberal political sphere, which underscores the pragmatic and continually negotiated implementation of neo-liberal ideas. The article sheds light on the complexity of the extending reach of private law, on the resilience of the public sphere and on the significance of occupations as a battleground on which struggles over neo-liberal social relations and subjectivities play out.

Universal International Law

1993 ◽  
Vol 87 (4) ◽  
pp. 529-551 ◽  
Author(s):  
Jonathan I. Charney
Keyword(s):  
International Relations ◽  
International Law ◽  
International Organizations ◽  
Diplomatic Relations ◽  
State Behavior ◽  
Legal Principles ◽  
Bilateral Relations ◽  
Uniform State ◽  
The Common ◽  
Multilateral Treaties

In this shrinking world, states are increasingly interdependent and interconnected, a development that has affected international law. Early international law dealt with bilateral relations between autonomous states. The principal subjects until well into this century were diplomatic relations, war, treaties and the law of the sea. One of the most significant developments in international law during the twentieth century has been the expanded role played by multilateral treaties addressed to the common concerns of states. Often they clarify and improve rules of international law through the process of rendering them in binding written agreements. These treaties also promote the coordination of uniform state behavior in a variety of areas. International organizations, themselves the creatures of multilateral treaties, have also assumed increasing prominence in the last half of this century. They contribute to the coordination and facilitation of contemporary international relations on the basis of legal principles.

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