The Domestication of International Commitments PDF Download

Author: Kal Raustiala
Publisher:
ISBN:
Category : International and municipal law
Languages : en
Pages : 42

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Author: Jeffrey Lantis
Publisher: Praeger
ISBN: 0275959481
Category : Political Science
Languages : en
Pages : 0

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This book explores how elite commitments to cooperate with international organizations can be supplanted by domestic political constraints. It contends that the most popular explanation for defections from international commitments in the foreign policy analysis literature, the two-level game model presented by Robert Putnam, does not fully account for surprising defections from agreements. A new framework is presented which interprets international defections as the product of domestic constraints on foreign policy-making that often materialize in the post-commitment ratification process, the period when domestic conditions and actors align relative to an international agreement. To explore the dynamics of post-commitment politics, eight cases studies of the foreign policy decision-making process in the Federal Republic of Germany relative to commitments to the European Community and NATO in the 1970s and 1980s are presented. A comparative analysis of the cases demonstrates the importance of modifying the two-level game model to account for the sequential and complex nature of the ratification process in the post-commitment phase. The study concludes that factionalism in the major party government and inter-party coalition differences are primary, but often hidden, constraints on a leader's ability to uphold international agreements, and it shows how international commitments can awaken dormant domestic constituencies along the road to ratification. This is a work of great significance to scholars and researchers in the areas of foreign policy analysis, international organizations, and German politics.

Author: Magnus Killander
Publisher: PULP
ISBN: 0986985724
Category : Human rights
Languages : en
Pages : 261

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"African civil law countries are traditionally described as monist and common law countries as dualist. This book illustrates that the monism-dualism dichotomy is too simplistic, in particular in the field of human rights. Academics and practitioners from across the continent illustrate how domestic courts in Africa have engaged with international human rights law to interpret or fill gaps in national bills of rights. The authors also consider the challenges encountered in increasing the use of international human rights law by African domestic courts."--Back cover.

Author: Carol Elaine Anderson
Publisher: Cambridge University Press
ISBN: 9780521531580
Category : History
Languages : en
Pages : 320

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This book was first published in 2003. As World War II drew to a close and the world awakened to the horror wrought by white supremacists in Nazi Germany, African American leaders, led by the NAACP (National Association for the Advancement of Colored People), sensed the opportunity to launch an offensive against the conditions of segregation and inequality in America. The 'prize' they sought was not civil rights, but human rights. Only the human rights lexicon, shaped by the Holocaust and articulated by the United Nations, contained the language and the moral power to address not only the political and legal inequality but also the education, health care, housing, and employment needs that haunted the black community. But the onset of the Cold War and rising anti-communism allowed powerful Southerners to cast those rights as Soviet-inspired. Thus the Civil Rights Movement was launched with neither the language nor the mission it needed to truly achieve black equality.

Author: Olivier Corten
Publisher: Oxford University Press, USA
ISBN: 0199546649
Category : Law
Languages : en
Pages : 2171

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The 1969 and 1986 Vienna Conventions on the Law of Treaties are essential components of the international legal order. This is the first Commentary on their provisions, containing thorough and well-structured analyses of each of their Articles. It draws on preparatory works and practice and is written by a large collection of experts from the field

Author: Michael Broache
Publisher:
ISBN:
Category :
Languages : en
Pages : 29

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This paper presents an empirical analysis of domestication of the Rome Statute of the International Criminal Court, focusing specially on African States Parties. Of the 34 current African States Parties to the Rome Statute, 12 have adopted legislation partially or fully domesticating the Statute by incorporating its complementarity and/or cooperation provisions into domestic law. The adoption of such legislation is significant insofar as it enables domestic prosecutions of the crimes -- genocide, war crimes, and crimes against humanity -- under the ICC's jurisdiction and/or establishes mechanisms to promote state cooperation with the Court in the conduct of investigations and the execution of arrest warrants; as such, domestication arguably represents a deeper and more significant commitment to the ICC than simply ratifying the Statute. At the same time, explaining the variation in domestication of the Statute by African States Parties can shed light on the controversial role of the ICC in Africa, particularly the validity of widespread criticisms of the Court as biased or otherwise anti-African. To this end, this paper tests the "credible commitment" theory of state commitment to the ICC. This theory, which was developed by Simmons and Danner (2010) to explain ratification of the Statute, posits that states with histories of recent violence and weak domestic accountability mechanisms (non-democracies) commit to the ICC to make credible commitments to domestic adversaries to ratchet down violence. I test the applicability of this theory to domestication of the Statute by African States Parties using survival analysis of quarterly data on domestication in Africa from 1998 through 2013 with approximately 1,100 observations. I find no evidence in support of credible commitment theory with respect to domestication by African States Parties. A brief case study of ongoing efforts to fully domesticate the Rome Statute in the Democratic Republic of Congo supports my statistical findings and suggests that, rather than committing to the ICC to ratchet down violence, states commit to the Court to employ it as a legal weapon against internal adversaries.

Author: Florian Jeßberger
Publisher: Taylor & Francis
ISBN: 1000886433
Category : Law
Languages : en
Pages : 285

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This book provides an essential and critical overview of the most significant issues concerning the domestication of international criminal law, in particular with regard to the implementation of the ICC Statute. It discusses the most recent proposals for reform of the German Code of Crimes under International Law, the "Völkerstrafgesetzbuch", 20 years after its entering into force and introduces the project for an Italian code of international crimes drafted by the Committee of experts established in 2022 by the Ministry of Justice. Following the adoption of the ICC Statute, many States, including Germany with the "Völkerstrafgesetzbuch", introduced specific legislation to incorporate international criminal law into their domestic legal systems and a considerable number of them have been investigating and prosecuting war crimes, crimes against humanity, genocide, and even aggression ever since. Twenty-five years later, however, the process is not completed as other countries, like Italy, are still working on adopting provisions on international crimes. This book opens with a broad overview of the different approaches of the domestication of international criminal law, with a specific focus on the German and the Italian systems. After an assessment of the prerequisites for the domestic implementation of international criminal law, also from a constitutional law perspective, each chapter offers an in-depth analysis of a specific issue, such as: the definition of international crimes (genocide and crimes against humanity, war crimes and aggression); the applicability of and exceptions to the general principles of domestic criminal law; the regulation of individual criminal responsibility; sanctions and sentencing; as well as procedural aspects related to immunities, jurisdiction and prosecutorial discretion. The strong academic perspective of many authors is complemented by an equally strong practitioner perspective of the others, provided by legal scholars in the highest positions in international and national judicial institutions, resulting in a well-informed and critical appraisal of the most recent developments overall in the international criminal justice system. Domesticating International Criminal Law will be of great interest to legal scholars and students, as well as practitioners with an interest in comparative and international law, international criminal law and international relations.

Author: Stéphanie Lagoutte
Publisher:
ISBN: 9781032019734
Category : Human rights
Languages : en
Pages : 139

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Author: Daniel Cloud
Publisher: Columbia University Press
ISBN: 023116792X
Category : Language Arts & Disciplines
Languages : en
Pages : 290

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Language did not evolve only in the distant past. Our shared understanding of the meanings of words is ever-changing, and we make conscious, rational decisions about which words to use and what to mean by them every day. Applying DarwinÕs theory of Òunconscious artificial selectionÓ to the evolution of linguistic conventions, Daniel Cloud suggests a new, evolutionary explanation for the rich, complex, and continually reinvented meanings of our words. The choice of which words to use and in which sense to use them is both a Òselection eventÓ and an intentional decision, making DarwinÕs account of artificial selection a particularly compelling model of the evolution of words. After drawing an analogy between the theory of domestication offered by Darwin and the evolution of human languages and cultures, Cloud applies his analytical framework to the question of what makes humans unique, and how they became that way. He incorporates insights from David LewisÕs Convention, Brian SkyrmsÕs Signals, and Kim SterelnyÕs Evolved Apprentice, all while emphasizing the role of deliberate human choice in the crafting of language over time. His clever and intuitive model casts humansÕ cultural and linguistic evolution as an integrated, dynamic process, with results that reach into all corners of our private lives and public character.

Author: Vitit Muntarbhorn
Publisher: BRILL
ISBN: 9004326677
Category : Law
Languages : en
Pages : 385

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In this study titled The Core Human Rights Treaties and Thailand, Vitit Muntarbhorn examines the relationship between Thailand and the nine key human rights Conventions, known as the Core Human Rights Treaties, in addition to their Protocols. These agreements cover a range of civil, political, economic, social and cultural issues, in addition to the rights of specific groups. The study offers a mirror for reflection, testing the linkage between international standards and national implementation in a dynamic and challenging context.