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Americans understood the importance of establishing judicial authority over maritime war from the moment they began resisting British hegemony in the 1770s. The states’ unwillingness to prevent American seafarers from violating the rights of foreigners during the American Revolution provoked diplomatic controversies that undermined the drive for independence. After the war, supporters and skeptics of the new Constitution fiercely debated its creation of a federal judiciary. Anti-Federalist critics feared the centralizing and despotic tendencies of life-tenured judges who would be “subject to no control.” But even the “most bigotted idolizers of state authority,” Alexander Hamilton famously wrote in The Federalist, agreed that the federal courts should have exclusive authority over maritime cases. If Americans truly wanted a government that could fulfill the nation’s international obligations and maintain harmony with other sovereigns, they needed a judiciary with the power to resolve disputes arising at sea.
In 1793, war between France and Great Britain plunged the United States – and the federal courts – into crisis. As the French Revolution reverberated around the Atlantic, the impetuous French foreign minister, Edmond-Charles Genet, launched privateering attacks against British commerce from the United States. The Washington administration tried to prevent Americans from dragging the nation into war, but partisan rivalry and a lack of federal law enforcement power stymied its efforts. Desperate to demonstrate the nation’s sovereign bona fides in the face of British complaints, the administration turned to the courts for help. It asked federal judges to resolve difficult and highly consequential legal disputes that the political branches were unable or unwilling to address. But the judges were not the acquiescent handmaidens in foreign affairs that modern commentators imagine. They balked at violating longstanding principles of international law, and they were wary of compromising the judiciary’s own institutional integrity by intervening in the affairs of state. In the midst of an international conflict of unprecedented scope, the founders’ confidence that the federal courts would ensure the nation’s peace and security seemed to have been mistaken.
Two states can have several bilateral agreements between them, some of which are legally binding and others are not. Is there a discernible pattern to how states structure the chronological sequence of binding and non-binding agreements governing a specific issue area? For example, do states prioritise a framework treaty to establish the foundation of their cooperation and let bureaucrats iron out details in non-binding instruments? Or do they first experiment with low-commitment agreements before eventually settling on a more permanent treaty? This paper explores these questions using the example of space governance, which is characterised by a high number of bilateral agreements. Examining space agreements between 287 state dyads, it argues that a combination of power asymmetry and trust levels influences the likelihood of certain types of sequences of binding and non-binding agreements. These findings are particularly relevant to the literature on informal governance, regime complexes, and space politics.
This chapter observes instances in which the World Court has recognised that certain sources of international law may confer rights for individuals. It first identifies cases where the Court has interpreted relevant provisions of other international treaties, beyond the international human rights framework, as conferring rights on individual. In so doing, it analyses where the Court has applied ‘textualist’ and ‘intentionalist’ approaches to reach its conclusions. The chapter then notes where the Court has identified customary international law, the existence of which would confer rights to private persons in specific contexts. It notes that while there are ambiguities in the Court’s methods, this is characteristic of its approach to sources more broadly
This part focuses on the foundational aspects of international human rights law, exploring its theoretical, historical, and philosophical underpinnings. It examines the evolution of human rights ideas, the influence of various philosophical traditions, and the ongoing debates about the nature and universality of human rights. The sections address the epistemological ruptures between philosophy and law, and between law and justice, highlighting the challenges in reconciling these perspectives within a coherent human rights framework. The part also delves into normative pluralism, discussing the coexistence and interaction of multiple legal systems and norms within the global human rights framework. It covers treaty-based structures, customary international law, general principles of law, and the role of judicial decisions and soft law instruments. By critically analyzing these foundational elements, this part aims to provide a deeper understanding of the principles and values that underpin international human rights law and to highlight the complexities and nuances involved in defining and protecting human rights in diverse cultural and legal contexts.
As the United States expanded west, it encountered the tribes of the Great Plains. Many of these tribes had military cultures. Their warriors were skilled with the horse and gun, making them formidable foes. Unable to defeat them militarily, the United States slaughtered their primary food source – the buffalo. Lack of food forced warriors to lay down their arms and agree to life on reservations. On reservations, tribes were supposed to be able to self-govern, but the federal government exerted extreme control over tribes. When the Supreme Court ruled intratribal crimes were beyond the United States jurisdiction, Congress enacted the Major Crimes Act (MCA). The MCA allowed the United States to prosecute Indians for committing crimes against another Indian while on a reservation. Although the Supreme Court acknowledged that no constitutional provision enabled Congress to pass the law, the Court held Congress could enact the law because Indians were “the wards of the nation.”
The relevant international treaty-based law on corruption, human rights and the environment, with a focus on the convergence of these areas of law. Anti-corruption treaties, especially UNCAC, and human rights treaties are both moving towards recognition of the commonalities. Traces 3 approaches to convergence: corruption as background/context, a human-rights based approach, and a human right to be free of corruption.
An in-depth and personal view of removal and homesteading in Colorado, through the experience of the Ute Tribes and Ferry Carpenter, ranch owner, and the first director of the Federal Grazing Service.
Describes complexity of ranching for Tribal members on reservations, due to historical removal of Tribes, allotment of their lands, and resulting jurisdictional barriers.
Chapter 3 reconstructs the functioning of the European legislative process in practice. To this end, it systematizes the main normative instruments that steer and discipline the behavior of European political actors and civil servants, including the (rather bare) Treaty provisions, the relevant interinstitutional agreements, the European Parliament’s Rules of Procedure, and the provisions set out in internal documents, especially administrative circulars. This chapter posits that administrative circulars are important for institutional interactions, as they contribute to regularizing the conduct of political actors (regulative component), creating normative expectations (normative component), and generating values, beliefs, and assumptions that actors internalize and accept as part of their “repertoire of unquestioned routines and habits” (cultural-cognitive component). As far as trilogues are concerned, all these provisions testify to the existence of a norms-based, institutionalized environment, congenial to legal analysis.
Human rights — Right to an effective remedy — Treaties — International Covenant on Civil and Political Rights, 1966 — United Nations Principles –– Human rights violations committed in the Philippines during dictatorship –– Victims of gross human rights violations –– Victims’ right to “full” and “effective” reparation –– Decision to have remains of former President Marcos interred at Heroes’ Cemetery –– Victims filing petitions to challenge decision –– Whether proposed interment of former dictator at Heroes’ Cemetery violating international law
Relationship of international law and municipal law — Treaties — International Covenant on Civil and Political Rights, 1966 — United Nations Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, 2005 — United Nations Updated Set of Principles for the Protection and Promotion of Human Rights through Action to Combat Impunity, 2005 — Effect in the law of the Philippines
Treaties — Human rights –– Human rights embodied in treaties, covenants and other international laws — International Covenant on Civil and Political Rights, 1966 — United Nations principles on Reparation and to Combat Impunity –– Rights of victims of human rights violations to “full” and “effective” reparation — Proposed interment of former President Marcos at Heroes’ Cemetery –– Whether the Philippines complying with its obligations under international law
Damages –– Reparations — Right to “full” and “effective” reparation — Victims of human rights violations in the Philippines –– Whether proposed interment of former President Marcos at Heroes’ Cemetery violating Constitution of the Philippines, domestic law and international law — Whether heroes’ burial for former dictator legal and just — The law of the Philippines
International Court of Justice — Jurisdiction — Jurisdiction ratione materiae — Whether Bank Markazi a company under Article III(1) of Treaty of Amity, Economic Relations, and Consular Rights, 1955 — Whether Bank Markazi’s activities commercial — Purpose of Bank Markazi’s activities — Link between Bank Markazi’s activities and its sovereign functions — Admissibility — Whether Iranian entities exhausting local remedies in the United States — Whether remedies in United States’ legal system effective — Defences on the merits — “Clean hands” doctrine — Whether sufficient connection between wrongful acts imputed to Iran and Iran’s claims — Abuse of rights — Whether Iran invoking rights for purpose other than that for which rights created — Article XX(1)(c) and (d) of 1955 Treaty — Whether United States’ measures seeking to regulate production or traffic in arms — Whether United States’ measures necessary to protect essential security interests
Treaties — Interpretation — Application — Alleged violations of Treaty of Amity, Economic Relations, and Consular Rights, 1955 — Article III(1) of 1955 Treaty — Article IV(1) of 1955 Treaty — Link between provisions — Scope of duty to recognize juridical status of entities under Article III(1) — Whether question being existence of company rather than company’s separateness — Meaning of “fair and equitable treatment” — Denial of justice — Whether provisions removing separateness of companies amounting to denial of justice — Whether United States’ measures “unreasonable” or “discriminatory” — Whether measures manifestly excessive — Article III(2) of 1955 Treaty — Whether Article III(2) conferring procedural and substantive rights or merely access to courts — Whether Iranian companies’ access to United States’ courts limited — Article IV(2) of 1955 Treaty — Whether United States’ measures expropriatory — Illegality — Whether “most constant protection and security” protecting against both physical and legal harm — Article V(1) of 1955 Treaty — Whether Article V(1) applying to cases of expropriation — Article VII(1) of 1955 Treaty — Meaning of “restrictions” — Whether Iran’s claims relating to exchange restrictions — Article X(1) of 1955 Treaty — Whether financial transactions falling within meaning of “commerce” — Whether commerce taking place between the territories of United States and Iran — Whether United States’ measures actual impediments to commerce — Remedies — Cessation — Compensation — Satisfaction
International organizations — Russia’s Accession to the World Trade Organization — Constitutional scrutiny of Protocol on the Accession of Russia to the Marrakesh Agreement, 2011 — Whether Protocol conforming with the Constitution of Russia 1993 — Whether Russian sovereignty infringed — Whether national security threatened
Relationship of international law and municipal law — Treaties — Signature — Ratification — Application — Russia’s Accession to the Marrakesh Agreement — Protocol — Whether in conformity with the Constitution of Russia — Role of the Russian Constitutional Court — Extent of review
Treaties — Signature — Ratification — Application — Constitutional scrutiny of treaties — Extent of constitutional review by Russian Constitutional Court — Constitutional Court reviewing specifically indicated provisions and not the treaty in its entirety — Constitutional Court not reviewing compliance with procedure for ratification — The law of the Russian Federation
Legal scholars continue to revisit historical treaties between Western and non-Western nations to challenge long-standing accounts of non-Western peoples’ engagement with international law. Following this trend, new scholarship has stressed African agency in Euro-African treaty-making. However, legal scholars have generally overlooked African perspectives, pointing to a lack of sources. Focusing on nineteenth-century treaty-making between France and the polities of the Western Sudan in West Africa, this article excavates African perspectives through a novel reading of Euro-African treaties in an African context. This reading analyses treaties within the Western Sudan’s broader diplomatic corpus in both French and Arabic. By focusing on markers of translation, transcription, and negotiation left on different copies of treaties, this method brings to light arguments and practices that have been obscured in published European-language versions. Reading Franco-Sudanian treaties in a Sudanian context reveals that different norms governed the ratification of treaties in the Western Sudan and Europe. Treaties that scholars have long considered unratified were in fact ratified according to Western Sudanian norms, which designated the governor of French Senegal rather than the French president as the official competent to ratify treaties for France. However, when French officials sought to use treaties to claim sovereign rights in West Africa against Great Britain, they pressed the president to ratify them again. Presidential ratification thus served to transpose Franco-Sudanian treaties from an African to a Western normative order. Uncovering the African origins of Euro-African treaties thus reveals their differential operation across autonomous inter-polity orders.
Do recent increases in women’s representation around the world have implications for international relations? We argue that greater representation of women in legislatures increases the likelihood of human rights treaty ratification for two reasons. First, given their shared gendered experiences of exclusion and discrimination, women legislators will advocate on behalf of marginalized groups on an international scale as transnational surrogate representatives. Second, women legislators may be more inclined to prioritize the ratification of human rights treaties because these treaties align with their domestic policy preferences, which aim to support marginalized groups. We contend that, in countries where ratification depends upon legislative approval, legislatures are more likely to ratify human rights treaties as women’s presence increases. Using an original dataset of 201 multilateral treaties, we find that countries become more likely to ratify human rights treaties as levels of women’s legislative representation increase.
The violent and competitive context in which trade relations between the states of Senegambia and Europeans evolved required moments of calm and stability, which were decisive and important factors in the cohabitation of trade actors. Diplomacy was a fundamental political lever for European trade in Senegambia. It had become a major stake in the daily lives of the actors. Diplomacy was generally reserved for field actors from different political cultures and with different political and economic ambitions. Diplomacy took the form of negotiations, and took the form of simple agreements of principle, notably in the context of palavers, or the conclusion of trade and peace treaties. The aim of diplomacy, for example, was to establish strong, peaceful commercial relations between trade players and to regularize the tax system, which was the fundamental basis of trade and the expression of the sovereignty of local chiefs towards the Europeans.
Chapter 4 surveys a wide range of friendly and hostile interstate relations in ancient societies, where war was often the normal state of affairs. Notwithstanding the numerous conflicts, polities tried in the end, through alliances and diplomatic relations, to establish peaceful relations in view of political stability and economic prosperity. The chapter analyses hospitality rules regarding foreigners, treaties between polities and the establishment of diplomatic relations, which emerged as an international system in the ancient Near East during the mid-fourteenth century bce. An alternative to diplomacy in conflict management, typical of the Greek world, was arbitration and mediation with the help of a third party. In a final section, the chapter outlines how states, when diplomacy failed, started a war procedurally. In conclusion, the chapter argues that, in the absence of an international court, the enforcement of diplomatic rules and treaties was in many ancient societies ensured by the supranational authority of the gods.
The Regional Comprehensive Economic Partnership (RCEP) is one of the most important mega-regional trade agreements signed to date. Yet, it failed to include an Investor-State Dispute Settlement (ISDS) mechanism in its investment chapter. What explains this omission? To unpack this, we examine international negotiations as a two-step process. In the first stage, we theorize that initial preferences towards ISDS are based on countries’ orientation toward foreign direct investment (FDI), experience with ISDS, and past treaty practice. Second, we theorize that during protracted negotiations, adverse regime developments and domestic politics can have a profound impact on treaty design. To test our framework, we examine the RCEP negotiations. Our analysis shows that mounting cases as well as the eroding norm of ISDS in other treaties lowered support for ISDS as the negotiations progressed. Then, a change of government in Malaysia shifted that country’s position dramatically, which tipped the balance against ISDS in the final round of negotiations. Our findings have important implications for the international investment regime. They highlight the factors that determine countries’ initial preferences while also demonstrating the importance of developments during the negotiations, which can lead to the abandonment of the institutional status quo.
This chapter explores the way in which Shelley’s verse speaks to, and influences, two kinds of texts: the treaties between the various Indigenous peoples of North America and European or settler governments, and Indigenous-authored poetry that interacts with these treaties. The chapter will begin by conceptualizing 1819 (an iconic year in Shelley studies) as a “treaty year,” one in which Shelley’s “England in 1819” and The Mask of Anarchy, despite their apparent focus on domestic politics, can be read alongside major global diplomatic events that occurred in settler-Indigenous relationships in North America. The chapter then turns to late nineteenth- and early twentieth-century Native American poets who used Shelley’s political poetry as a source for considering treaties and the disastrous consequences of colonization, including the Cherokee authors John Rollin Ridge and Too-qua-stee, James Roane Gregory (Yuchi and Muscogee/Creek), and Arsenius Chaleco (Yuma). Their different allusions to and adoptions of Shelley’s 1819 poems in their poems demonstrate that both “England in 1819” and The Mask of Anarchy were interpreted by Indigenous poets as highly relevant to their contemporary concerns about broken treaties. Finally, the chapter considers the ways in which Shelley’s more meditative poems, including “To a Skylark” and “Mont Blanc,” might also be drawn into a wider conversation about colonization, treaty-making, and Indigenous peoples.