Author: Gert de Nooy
Publisher: BRILL
ISBN: 9004636927
Category : Law
Languages : en
Pages : 171
Book Description
The Code of Conduct on Politico-Military Aspects of Security, adopted by OSCE member states during the Budapest Summit of December 1994, has become a significant addition to the range of politically binding documents of the OSCE. The Code, besides referring to internationally legally binding provisions for the conduct of politico-military affairs, codifies some of the existing norms on the democratic control and use of armed forces for interstate and intrastate purposes. It also lays down guidelines for the personal responsibility and accountability of the individual members of these armed forces. Moreover, this latest product of OSCE norm setting aims at becoming a valuable and effective instrument for the prevention of armed conflict. The significance, validity, and virtues of the Code are critically examined in this work. It is based on a seminar which was sponsored by the Ministries of Foreign Affairs of Germany and the Netherlands, and organized by the Netherlands Institute of International Relations Clingendael, in cooperation with the German Stiftung Wissenschaft und Politik. The book introduces the Code as a whole and deals with experiences from the negotiating table. It links the Code with international law and evaluates the Code on its early warning and conflict prevention merits. The work also investigates the connections between the Code and civil-military relations in the cases of Poland, the Russian Federation, and Germany and charts the way ahead for implementation of the Code. Finally, the Editor summarizes the main conclusions and highlights of the debate.
Cooperative Security, the OSCE, and its Code of Conduct
Author: Gert de Nooy
Publisher: BRILL
ISBN: 9004636927
Category : Law
Languages : en
Pages : 171
Book Description
The Code of Conduct on Politico-Military Aspects of Security, adopted by OSCE member states during the Budapest Summit of December 1994, has become a significant addition to the range of politically binding documents of the OSCE. The Code, besides referring to internationally legally binding provisions for the conduct of politico-military affairs, codifies some of the existing norms on the democratic control and use of armed forces for interstate and intrastate purposes. It also lays down guidelines for the personal responsibility and accountability of the individual members of these armed forces. Moreover, this latest product of OSCE norm setting aims at becoming a valuable and effective instrument for the prevention of armed conflict. The significance, validity, and virtues of the Code are critically examined in this work. It is based on a seminar which was sponsored by the Ministries of Foreign Affairs of Germany and the Netherlands, and organized by the Netherlands Institute of International Relations Clingendael, in cooperation with the German Stiftung Wissenschaft und Politik. The book introduces the Code as a whole and deals with experiences from the negotiating table. It links the Code with international law and evaluates the Code on its early warning and conflict prevention merits. The work also investigates the connections between the Code and civil-military relations in the cases of Poland, the Russian Federation, and Germany and charts the way ahead for implementation of the Code. Finally, the Editor summarizes the main conclusions and highlights of the debate.
Publisher: BRILL
ISBN: 9004636927
Category : Law
Languages : en
Pages : 171
Book Description
The Code of Conduct on Politico-Military Aspects of Security, adopted by OSCE member states during the Budapest Summit of December 1994, has become a significant addition to the range of politically binding documents of the OSCE. The Code, besides referring to internationally legally binding provisions for the conduct of politico-military affairs, codifies some of the existing norms on the democratic control and use of armed forces for interstate and intrastate purposes. It also lays down guidelines for the personal responsibility and accountability of the individual members of these armed forces. Moreover, this latest product of OSCE norm setting aims at becoming a valuable and effective instrument for the prevention of armed conflict. The significance, validity, and virtues of the Code are critically examined in this work. It is based on a seminar which was sponsored by the Ministries of Foreign Affairs of Germany and the Netherlands, and organized by the Netherlands Institute of International Relations Clingendael, in cooperation with the German Stiftung Wissenschaft und Politik. The book introduces the Code as a whole and deals with experiences from the negotiating table. It links the Code with international law and evaluates the Code on its early warning and conflict prevention merits. The work also investigates the connections between the Code and civil-military relations in the cases of Poland, the Russian Federation, and Germany and charts the way ahead for implementation of the Code. Finally, the Editor summarizes the main conclusions and highlights of the debate.
The OSCE Code of Conduct on Politico-Military Aspects of Security
Author: Victor-Yves Ghebali
Publisher: BRILL
ISBN: 9047407083
Category : Law
Languages : en
Pages : 450
Book Description
The book represents an urgently needed reference work on both the contents and the impact of the Code; drawing on as-yet unpublished materials, it offers a paragraph-by-paragraph commentary on the Code, as well as an in-depth assessment of implementation trends in the OSCE region.
Publisher: BRILL
ISBN: 9047407083
Category : Law
Languages : en
Pages : 450
Book Description
The book represents an urgently needed reference work on both the contents and the impact of the Code; drawing on as-yet unpublished materials, it offers a paragraph-by-paragraph commentary on the Code, as well as an in-depth assessment of implementation trends in the OSCE region.
The New International Directory of Legal Aid
Author: Peter Soar
Publisher: BRILL
ISBN: 9004478795
Category : Law
Languages : en
Pages : 285
Book Description
This book is a worldwide survey of legal aid containing more than seventy responses from ministries of justice, attorney generals, law societies, bar councils and individual lawyers to a detailed questionnaire. The results, set out here in summary form, are probably the most complete survey of its kind since the Lane and Hillyard edition of the Directory in 1985. The Editor of The New International Directory of Legal Aid, former legal aid solicitor Peter Soar, says: `In preparing this new edition I have learnt from previous users that the Directory is a valuable aid for Legal Aid Boards and law schools as well as individual lawyers.' In these pages you will find the ground work of legal aid systems in some of the most diverse legal jurisdictions from the Common Law countries of England and the Commonwealth to those which employ the approach of the Napoleonic Code. Here are systems adapted to the needs of the inhabitants of Caribbean islands, central European and Baltic states, emerging African peoples, the successors to ancient Indian empires, and countries of the Pacific Rim. The different forms of legal aid are of interest to practitioners and academics but the claims of the book go further than that. Just and fair societies depend on the maintenance of the rule of law. If the legal system, and in the last resort, the courts themselves are not within the reach of all citizens then talk of their rights is empty. If poor, weak, or powerless members of society are denied access to the courts because of lack of means, or if that access depends on the willingness of some lawyers to undertake cases pro bono, it is difficult to argue that in that state human rights are any more than forms rather than reality. If lawyers themselves exchange their independence for involvement in the very process of litigation (so-called `no win, no fee'), can it be said that freedom is not compromised? Here the reader can judge what in his or her opinion is the standing in these debates of each of the jurisdictions surveyed, with the help of editorial comments and the Editor's Introduction.
Publisher: BRILL
ISBN: 9004478795
Category : Law
Languages : en
Pages : 285
Book Description
This book is a worldwide survey of legal aid containing more than seventy responses from ministries of justice, attorney generals, law societies, bar councils and individual lawyers to a detailed questionnaire. The results, set out here in summary form, are probably the most complete survey of its kind since the Lane and Hillyard edition of the Directory in 1985. The Editor of The New International Directory of Legal Aid, former legal aid solicitor Peter Soar, says: `In preparing this new edition I have learnt from previous users that the Directory is a valuable aid for Legal Aid Boards and law schools as well as individual lawyers.' In these pages you will find the ground work of legal aid systems in some of the most diverse legal jurisdictions from the Common Law countries of England and the Commonwealth to those which employ the approach of the Napoleonic Code. Here are systems adapted to the needs of the inhabitants of Caribbean islands, central European and Baltic states, emerging African peoples, the successors to ancient Indian empires, and countries of the Pacific Rim. The different forms of legal aid are of interest to practitioners and academics but the claims of the book go further than that. Just and fair societies depend on the maintenance of the rule of law. If the legal system, and in the last resort, the courts themselves are not within the reach of all citizens then talk of their rights is empty. If poor, weak, or powerless members of society are denied access to the courts because of lack of means, or if that access depends on the willingness of some lawyers to undertake cases pro bono, it is difficult to argue that in that state human rights are any more than forms rather than reality. If lawyers themselves exchange their independence for involvement in the very process of litigation (so-called `no win, no fee'), can it be said that freedom is not compromised? Here the reader can judge what in his or her opinion is the standing in these debates of each of the jurisdictions surveyed, with the help of editorial comments and the Editor's Introduction.
Reforming the UN System
Author: Carlos A. Magariños
Publisher: BRILL
ISBN: 900448079X
Category : Law
Languages : en
Pages : 205
Book Description
This volume discusses the rationale for and against multilateral development cooperation, with particular attention to international industrial development during the post-cold war era. It also documents how UNIDO has successfully transformed itself to contribute effectively to the global supply of international public goods within the purview of its mandate. A foreword by U.K. Secretary Clare Short illustrates the good reception that such transformation has elicited amongst the donor community as well as its demonstration and potential spillover effects on the whole of the UN system. The book, which contains testimonies of ambassadors of UNIDO's stakeholder countries as well as contributions by Messrs. J. D.-Martinussen, former Head of the Danish Mission for UNIDO's assessment, and R. Ricupero, Secretary-General of the United Nations Conference for Trade and Development (UNCTAD), can be expected to become an indispensable reference material for students of UN affairs and the international relations and development policy communities at large.
Publisher: BRILL
ISBN: 900448079X
Category : Law
Languages : en
Pages : 205
Book Description
This volume discusses the rationale for and against multilateral development cooperation, with particular attention to international industrial development during the post-cold war era. It also documents how UNIDO has successfully transformed itself to contribute effectively to the global supply of international public goods within the purview of its mandate. A foreword by U.K. Secretary Clare Short illustrates the good reception that such transformation has elicited amongst the donor community as well as its demonstration and potential spillover effects on the whole of the UN system. The book, which contains testimonies of ambassadors of UNIDO's stakeholder countries as well as contributions by Messrs. J. D.-Martinussen, former Head of the Danish Mission for UNIDO's assessment, and R. Ricupero, Secretary-General of the United Nations Conference for Trade and Development (UNCTAD), can be expected to become an indispensable reference material for students of UN affairs and the international relations and development policy communities at large.
Detainees Denied Justice
Author: Gerald Simpson
Publisher: BRILL
ISBN: 9004480110
Category : Law
Languages : en
Pages : 453
Book Description
This book was originally researched by the author for the Palestinian Human Rights Monitoring Group. The aim was to analyse the Palestinian High Court's judgments ordering the Palestinian Authority to release Palestinian political prisoners whose penal procedural rights - together with the High Court's judgments - have been disregarded by the Palestinian Authority since 1996. With a view to providing practical recommendations to all parties responsible, the book includes the following features: - an introduction to the political and legal contexts and an independent summary analysing the findings of the research; - tables presenting all High Court cases dealing with Palestinian political prisoners detained in the Palestinian Territories handed down between 30 November 1997 and 13 June 2000; - 17 translations and analyses of pleadings to and judgments of the High Court; - transcripts of interviews with High Court judges and lawyers; - summaries and translations of applicable penal procedural law in force in the Gaza Strip and the West Bank; - a full new translation of the Draft Palestinian Judicial Authority Law; - presentation and analysis of provisions of the Israeli-Palestinian Peace Agreements relating to criminal and security jurisdiction in the Palestinian Territories.
Publisher: BRILL
ISBN: 9004480110
Category : Law
Languages : en
Pages : 453
Book Description
This book was originally researched by the author for the Palestinian Human Rights Monitoring Group. The aim was to analyse the Palestinian High Court's judgments ordering the Palestinian Authority to release Palestinian political prisoners whose penal procedural rights - together with the High Court's judgments - have been disregarded by the Palestinian Authority since 1996. With a view to providing practical recommendations to all parties responsible, the book includes the following features: - an introduction to the political and legal contexts and an independent summary analysing the findings of the research; - tables presenting all High Court cases dealing with Palestinian political prisoners detained in the Palestinian Territories handed down between 30 November 1997 and 13 June 2000; - 17 translations and analyses of pleadings to and judgments of the High Court; - transcripts of interviews with High Court judges and lawyers; - summaries and translations of applicable penal procedural law in force in the Gaza Strip and the West Bank; - a full new translation of the Draft Palestinian Judicial Authority Law; - presentation and analysis of provisions of the Israeli-Palestinian Peace Agreements relating to criminal and security jurisdiction in the Palestinian Territories.
Treaty Compliance: Some Concerns and Remedies
Author: The Markland Group
Publisher: BRILL
ISBN: 9004635874
Category : Law
Languages : en
Pages : 165
Book Description
The Markland Group is a Canadian non-governmental organization founded in 1987 by Douglas Scott. It is composed of lawyers, academics and other professionals with a special interest in the compliance aspects of disarmament treaties. The Canadian Council on International Law was founded in 1972 to represent Canadian international law practitioners and academics and to facilitate and promote the study of international legal problems by scholars and professionals. These two organizations joined forces in March 1995 to conduct a workshop on compliance, a topic which they felt had received insufficient attention from the international legal community. Thirty-eight experts from Canada, the United States and Great Britain were assembled for a series of meetings at the University of Toronto under the chairmanship of Walter Dorn and Christine Elwell. Five of the papers presented at the workshop have since been edited, expanded and updated for publication in this volume. The papers analyse compliance measures under various treaties, with particular attention being given to: The Biological Weapons Convention; the Chemical Weapons Convention; the Nuclear Non-Proliferation Treaty (Safeguards); Trade and Environment Compliance Measures; and International Humanitarian Law Compliance and Enforcement Mechanisms and their potential impact on Arms Control and Disarmament Treaties. The Markland Group and the CCIL believe that the study of treaty compliance methodology is still in its infancy. The development of effective, reliable and acceptable compliance systems is imperative, particularly for treaties dealing with disarmament. It is hoped that this volume will provide an impetus for enhanced study of this crucial issue.
Publisher: BRILL
ISBN: 9004635874
Category : Law
Languages : en
Pages : 165
Book Description
The Markland Group is a Canadian non-governmental organization founded in 1987 by Douglas Scott. It is composed of lawyers, academics and other professionals with a special interest in the compliance aspects of disarmament treaties. The Canadian Council on International Law was founded in 1972 to represent Canadian international law practitioners and academics and to facilitate and promote the study of international legal problems by scholars and professionals. These two organizations joined forces in March 1995 to conduct a workshop on compliance, a topic which they felt had received insufficient attention from the international legal community. Thirty-eight experts from Canada, the United States and Great Britain were assembled for a series of meetings at the University of Toronto under the chairmanship of Walter Dorn and Christine Elwell. Five of the papers presented at the workshop have since been edited, expanded and updated for publication in this volume. The papers analyse compliance measures under various treaties, with particular attention being given to: The Biological Weapons Convention; the Chemical Weapons Convention; the Nuclear Non-Proliferation Treaty (Safeguards); Trade and Environment Compliance Measures; and International Humanitarian Law Compliance and Enforcement Mechanisms and their potential impact on Arms Control and Disarmament Treaties. The Markland Group and the CCIL believe that the study of treaty compliance methodology is still in its infancy. The development of effective, reliable and acceptable compliance systems is imperative, particularly for treaties dealing with disarmament. It is hoped that this volume will provide an impetus for enhanced study of this crucial issue.
Nijhoff Law Specials, International Law and the United States Military Intervention in the Western Hemisphere
Author: Max Hilaire
Publisher: Martinus Nijhoff Publishers
ISBN: 9041103996
Category : Law
Languages : en
Pages : 162
Book Description
Six cases of US intervention are highlighted - Guatemala in 1954, Cuba in 1961, the Dominican Republic in 1965, Grenada in 1983, Nicaragua in 1985, and Panama in 1989. In each case the US violated international law and the sovereignty of the states involved, but claimed it had a right to intervene to protect the lives of its nationals or to defend its national security against an external threat. These cases amply demonstrate the conflict between international law on the one hand, and regional norms, power politics and political doctrines on the other. They also illustrate how international law can be manipulated to advance the foreign policy goals of a major power.
Publisher: Martinus Nijhoff Publishers
ISBN: 9041103996
Category : Law
Languages : en
Pages : 162
Book Description
Six cases of US intervention are highlighted - Guatemala in 1954, Cuba in 1961, the Dominican Republic in 1965, Grenada in 1983, Nicaragua in 1985, and Panama in 1989. In each case the US violated international law and the sovereignty of the states involved, but claimed it had a right to intervene to protect the lives of its nationals or to defend its national security against an external threat. These cases amply demonstrate the conflict between international law on the one hand, and regional norms, power politics and political doctrines on the other. They also illustrate how international law can be manipulated to advance the foreign policy goals of a major power.
Japanese Foreign Policy
Author: A. Fukushima
Publisher: Springer
ISBN: 140391592X
Category : Political Science
Languages : en
Pages : 234
Book Description
Japanese foreign policy in international political affairs, particularly after the Second World War, was criticized as relying solely on bilateralism and dismissed as blindly emulating American foreign policy. This book examines Japanese multilateralism from the Paris Peace Conference in 1919 to its latest bid for a permanent seat on the UN Security Council. At the threshold of the twenty-first century, the author asserts that Japan can play a more proactive role in the United Nations and in the Asia-Pacific through its cooperative security approach with emphasis on prevention of conflicts.
Publisher: Springer
ISBN: 140391592X
Category : Political Science
Languages : en
Pages : 234
Book Description
Japanese foreign policy in international political affairs, particularly after the Second World War, was criticized as relying solely on bilateralism and dismissed as blindly emulating American foreign policy. This book examines Japanese multilateralism from the Paris Peace Conference in 1919 to its latest bid for a permanent seat on the UN Security Council. At the threshold of the twenty-first century, the author asserts that Japan can play a more proactive role in the United Nations and in the Asia-Pacific through its cooperative security approach with emphasis on prevention of conflicts.
A Legal Framework for Bioethics
Author: Cosimo Marco Mazzoni
Publisher: BRILL
ISBN: 9004635882
Category : Law
Languages : en
Pages : 254
Book Description
A comparative analysis of the legislation in the field of bioethics in several Western countries, especially in European Union member states, shows that there is a profound difference both in legislative policies and in the ethical principles enshrined by the laws. Over the past few years bioethics, as a discipline, has attempted to elaborate individual and collective behavioural codes in several fields, but it has come up against enormous difficulties; it has not even been possible to reach a consensus between different countries on the general principles. An example of this is the recent Convention on Bioethics endorsed by the Council of Europe. The aim of the essays contained in this book is to highlight the differences between existing regulations in several countries, and to stress how necessary it is to elaborate a legal framework that could be shared by the widest range of national legislations. For there is no denying that technological advances in the fields of both biology and medicine, as well as progress in surgical treatments, mean that jurists the world over are faced with a common scientific reality. The task of the jurist must therefore be to engage in a comparative analysis so as to overcome the differences in national legislations.
Publisher: BRILL
ISBN: 9004635882
Category : Law
Languages : en
Pages : 254
Book Description
A comparative analysis of the legislation in the field of bioethics in several Western countries, especially in European Union member states, shows that there is a profound difference both in legislative policies and in the ethical principles enshrined by the laws. Over the past few years bioethics, as a discipline, has attempted to elaborate individual and collective behavioural codes in several fields, but it has come up against enormous difficulties; it has not even been possible to reach a consensus between different countries on the general principles. An example of this is the recent Convention on Bioethics endorsed by the Council of Europe. The aim of the essays contained in this book is to highlight the differences between existing regulations in several countries, and to stress how necessary it is to elaborate a legal framework that could be shared by the widest range of national legislations. For there is no denying that technological advances in the fields of both biology and medicine, as well as progress in surgical treatments, mean that jurists the world over are faced with a common scientific reality. The task of the jurist must therefore be to engage in a comparative analysis so as to overcome the differences in national legislations.
OSCE Yearbook 2017
Author: Institute for Peace Research and Security Policy at the University of Hamburg / IFSH
Publisher: Nomos Verlag
ISBN: 3845290420
Category : Political Science
Languages : en
Pages : 368
Book Description
Die Aufgaben und Aktivitäten der Organisation für Sicherheit und Zusammenarbeit in Europa von der Konfliktverhütung und Krisenbewältigung über die Förderung von Demokratie und Menschenrechten bis zu regionaler Rüstungskontrolle – wissenschaftliche Analysen und Berichte aus der politischen und diplomatischen Praxis.
Publisher: Nomos Verlag
ISBN: 3845290420
Category : Political Science
Languages : en
Pages : 368
Book Description
Die Aufgaben und Aktivitäten der Organisation für Sicherheit und Zusammenarbeit in Europa von der Konfliktverhütung und Krisenbewältigung über die Förderung von Demokratie und Menschenrechten bis zu regionaler Rüstungskontrolle – wissenschaftliche Analysen und Berichte aus der politischen und diplomatischen Praxis.