Of Law, Lawlessness, and Sovereignty : Multinational Peacekeeping and International Law

Laws of war have been carefully defined by individual nations’ own codes of law as well as by supranational bodies. Yet the international scene has seen an increasing movement away from traditionally declared war toward multinational peacekeeping missions geared at containing local conflicts when perceived as potential threats to their respective regions’ political stability. While individual nations’ laws governing warfare presuppose national sovereignty, the multinational nature of peacekeeping scenarios can blur the lines of command structures, soldiers’ national loyalties, occupational jurisdiction, and raise profound questions as to which countries’ moral sense/governmental system is to be the one upheld. Historically increasingly complex international relations have driven increasingly detailed internationally drafted guidelines for countries’ interactions while at war, yet there are operational, legislative, and moral issues arising in multinational peacekeeping situations which these laws do not address at all. The author analyzes three unique peacekeeping operations in light of these legislative voids and suggests systematic points to consider to the end of protecting the peacekeepers, the national interests of the countries involved, operational matters, and clearly delineating both the objective and logical boundaries of a given multinational peacekeeping mission.

Trojan horses: On the origins of national security concerns over foreign investments in the United States from 1919 to 2008

In this thesis I sought to explain the origins of national security concerns over foreign investments in the United States from 1919 to 2008. I identified and examined 29 cases of national security concerns over foreign investments in the United States during that period, and argued that in order to understand the circumstances under which foreign investments in the United States are perceived to be threats to the U.S. security we must rely on a combination of democratic peace theory and the version of political realism known as power transition theory. Thus, I tested the argument that national security concerns over foreign investments in the United States from 1919 to 2008 resulted from: (1) perceptions of international power transition, (2) perceptions of ideological and institutional differences between the United States and the home country of the investor, (3) perceptions of the strategic importance of the sector where the investment is made, and (4) perceptions of participation or control of the foreign investor by the government of the country of origin. I found that all these hypotheses have some explanatory power.

The United States Congress and Venezuela's Hugo Chávez

The Soviet Union's dissolution in December 1991 marks the end of the Cold War and the elimination of the United States' main rival for global political-economic leadership. For decades U.S. foreign policymakers had formulated policies aimed at containing the spread of Soviet communism and Moscow's interventionist policies in the Americas. They now assumed that Latin American leftist revolutionary upheavals could also be committed to history. This study explores how Congress takes an active role in U.S. foreign policymaking when dealing with revolutionary changes in Latin America. This study finds that despite Chávez's vitriolic statements and U.S. economic vulnerability due to its dependence on foreign oil sources, Congress today sees Chávez as a nuisance and not a threat to U.S. vital interests. Devoid of an extra-hemispheric, anti-American patron intent on challenging the United States for regional leadership, Chávez is seen by Congress largely as a threat to the stability of Venezuela's institutions and political-economic stability. Today both the U.S. executive and the legislative branches largely see Bolivarianism a distraction and not an existential threat. The research is based on an examination of Bolivarian Venezuela compared to revolutionary upheaval and governance in Nicaragua over the course of the twentieth century. This project is largely descriptive, qualitative in approach, but quantitative data are used when appropriate. To analyze both the U.S. executive and legislative branches' reaction to revolutionary change, Cole Blasier's theoretical propositions as developed in the Hovering Giant: U.S. Responses to Revolutionary Change in Latin America 1910-1985 are utilized. The present study highlights the fact that Blasier's propositions remain a relevant means for analyzing U.S. foreign policymaking.

Codification of American international law; addresses by Charles Evans Hughes, James Brown Scott, Elihu Root, Antonio Sánchez de Bustamante y Sirvén

Mode of access: Internet.

Elements of international law : with a sketch of the history of the science /

Includes bibliographical references.

Conference of American Teachers of International Law : [proceedings].

Vol. for 1914 lacks numbering but constitutes 1st.

Proceedings of the American Society of International Law at its ... annual meeting.

For 1918/19-1920, meetings of the executive council were held instead of the annual meetings.

Reconciling History and International Law: Territorial and Maritime Claims in the South China Sea and East China Sea

High-ranking Chinese military officials are often quoted in international media as stating that China cannot afford to lose even an inch of Chinese territory, as this territory has been passed down from Chinese ancestors. Such statements are not new in Chinese politics, but recently this narrative has made an important transition. While previously limited to disputes over land borders, such rhetoric is now routinely applied to disputes involving islands and maritime borders. China is increasingly oriented toward its maritime borders and seems unwilling to compromise on delimitation disputes, a transition mirrored by many states across the globe. In a similar vein, scholarship has found that territorial disputes are particularly intractable and volatile when compared with other types of disputes, and a large body of research has grappled with producing systematic knowledge of territorial conflict. Yet in this wide body of literature, an important question has remained largely unanswered - how do states determine which geographical areas will be included in their territorial and maritime claims? In other words, if nations are willing to fight and die for an inch of national territory, how do governments draw the boundaries of the nation? This dissertation uses in-depth case studies of some of the most prominent territorial and maritime disputes in East Asia to argue that domestic political processes play a dominant and previously under-explored role in both shaping claims and determining the nature of territorial and maritime disputes. China and Taiwan are particularly well suited for this type of investigation, as they are separate claimants in multiple disputes, yet they both draw upon the same historical record when establishing and justifying their claims. Leveraging fieldwork in Taiwan, China, and the US, this dissertation includes in-depth case studies of China’s and Taiwan’s respective claims in both the South China Sea and East China Sea disputes. Evidence from this dissertation indicates that officials in both China and Taiwan have struggled with how to reconcile history and international law when establishing their claims, and that this struggle has introduced ambiguity into China's and Taiwan's claims. Amid this process, domestic political dynamics have played a dominant role in shaping the options available and the potential for claims to change in the future. In Taiwan’s democratic system, where national identity is highly contested through party politics, opinions vary along a broad spectrum as to the proper borders of the nation, and there is considerable evidence that Taiwan’s claims may change in the near future. In contrast, within China’s single-party authoritarian political system, where nationalism is source of regime legitimacy, views on the proper interpretation of China’s boundaries do vary, but along a much more narrow range. In the dissertation’s final chapter, additional cases, such as South Korea’s position on Dokdo and Indonesia’s approach to the defense of Natuna are used as points of comparison to further clarify theoretical findings.

Beyond the Spanish classics - The ephemeral awakening of the history of international law in pre-democratic Spain

Cuadernos para el Diálogo (1963-1978) played a key-role in nurturing the intellectual soil for the Spanish Transition to democracy and it has spawned an extensive amount of literature among historians. This work links for the first time the course of this emblematic monthly journal with the short-lived period of methodological and historiographical innovation of Revista Española de Derecho Internacional under the direction of the international jurist Mariano Aguilar Navarro.

The Social Power of Bodin's 'Sovereignty' and International Law

The word ‘sovereignty’ provides a forceful example of the social power of language as an organic instrument playing a leading role in the continuous and continuing process of creating and transforming human reality. The paper examines a pivotal episode in the history of the word ‘sovereignty’ — its formal introduction in the 16th century by Jean Bodin in his Six Livres de la Republique. It focuses on the social effects ‘sovereignty’ has had on the shared consciousness of humanity, including that of the international community. The proposed metalogical inquiry adopts a method that draws from the hermeneutic school of historical knowledge. The argument is that Bodin used ‘sovereignty’ for the purpose of attributing to the ruler (the French king) supreme power in the hierarchical organisational structure of society. This idea of a pyramid of authority is found in different elements of the discourse in Six Livres de la Republique, which is examined in the immediate context of Bodin’s personal background as well as the extended social, political and intellectual context of 16th century France. The conclusion shows that Bodin’s work was the first seminal step in the development of contemporary ideas of ‘internal sovereignty’ and ‘external sovereignty’. It is thus part of the history of the true power that the word at hand has exercised in framing the international state system and hence the international legal system.

Victims of War must be loyal to deserve protection: International law and national legislation on enemy aliens 1907-1918

In international law the internment of civilians has only been regulated in writing in the context of the 4th Geneva Convention of 1949. Nevertheless this did not mean that civilians were not protected by at least some rules of customary international law before that date and especially in World War I. Furthermore specialists of international law expected states – at least those considered to be part of the community of civilized nations – to continue to treat all men equal before the law even in wartime. As research already conducted (Bird, Panayi, Fischer) has shown, this was not the case during World War I. Based on these findings the presentation proposed here wants to look into the development of international law and into some national preparations for treating so called “enemy aliens” in the period before 1914 (Austria-Hungary, Australia, United Kingdom), in order to see to what extent principles of international law protecting civilians from the consequences of war can be detected in the pre-war preparations. As far as can be judged so far the issue of loyalty was central in this context. Looking at the war itself, the presentation proposed here will try to look at how far the principles of international law alluded to above continued to influence the policies on “enemy aliens” in the countries mentioned and to see, how the International Committee of the Red Cross tried to use them to legitimize and expand its protective policies in regard to civilians interned in belligerent as well as neutral countries throughout the war.

Refugees and U.S. asylum seekers from Central America : statement of Nancy R. Kingsbury, Director, Foreign Economic Assistance Issues, National Security and International Affairs Division; before the Subcommittee on Immigration, Refugees, and International Law, Committee on the Judiciary, House of Representatives.

"For release ... March 9, 1989."

Report on the possibility of revision of the Bustamante code or the Code of private international law /

Mode of access: Internet.