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After 1989, the function of transitional governance changed. It became a process whereby transitional authorities introduce a constitutional transformation on the basis of interim laws. In spite of its domestic nature, it also became an international project and one with formidable ambitions: ending war, conflict or crisis by reconfiguring the state order. This model attracted international attention, from the UN Security Council and several regional organisations, and became a playing field of choice in international politics and diplomacy. Also without recourse to armed force, international actors could impact a state apparatus – through state renaissance. This book zooms in on the non-forcible aspects of conflict-related transitional governance while focusing on the transition itself. This study shows that neither transitional actors nor external actors must respect specific rules when realising or contributing to state renaissance. The legal limits to indirectly provoking regime change are also being unveiled.
Based on author's thesis (doctoral - European University Institute, 2016) issued under title: Domestic interim governance under international law: towards a ius in interregno for regulating post-conflict transitions.
This book examines an important unresolved question of current international law: the legal position of third-party countermeasures.
Written by international practitioners and scholars, this pioneering work offers important insights into peace mediation practice today and the role of third parties in the resolution of armed conflicts. The authors reveal how peace mediation has developed into a complex arena and how multifaceted assistance has become an indispensable part of it. Offering unique reflections on the new frameworks set out by the UN, they look at the challenges and opportunities of third-party involvement. With its policy focus and real-world examples from across the globe, this is essential reading for researchers of peace and conflict studies, and a go-to reference point for advisors involved in peace processes.
A central puzzle in jurisprudence has been the role of custom in law. Custom is simply the practices and usages of distinctive communities. But are such customs legally binding? Can custom be law, even before it is recognized by authoritative legislation or precedent? And, assuming that custom is a source of law, what are its constituent elements? Is proof of a consistent and long-standing practice sufficient, or must there be an extra ingredient - that the usage is pursued out of a sense of legal obligation, or, at least, that the custom is reasonable and efficacious? And, most tantalizing of all, is custom a source of law that we should embrace in modern, sophisticated legal systems, or is the notion of law from below outdated, or even dangerous, today? This volume answers these questions through a rigorous multidisciplinary, historical, and comparative approach, offering a fresh perspective on custom's enduring place in both domestic and international law.
Albie Sachs gives an intimate account of his extraordinary life and work as a judge in South Africa. Mixing autobiography with reflections on his major cases and the role of law in achieving social justice, Sachs offers a rare glimpse into the workings of the judicial mind and a unique perspective on modern South African history.
Since the turn of the century, Performance Studies has emerged as an increasingly vibrant discipline. Its concerns - embodiment, ethical research and social change - are held in common with many other fields, however a unique combination of methods and applications is used in exploration of the discipline. Bridging live art practices - theatre, performance art and dance - with technological media, and social sciences with humanities, it is truly hybrid and experimental in its techniques. This Companion brings together specially commissioned essays from leading scholars who reflect on their own experiences in Performance Studies and the possibilities this offers to representations of identity, self-and-other, and communities. Theories which have been absorbed into the field are applied to compelling topics in current academic, artistic and community settings. The collection is designed to reflect the diversity of outlooks and provide a guide for students as well as scholars seeking a perspective on research trends.
In the formation of the modern law of nations, peace treaties played a pivotal role. Many basic principles and rules that governed and still govern relations between states were introduced and elaborated in the great peace treaties from the Renaissance onwards. Nevertheless, until recently few scholars have studied these primary sources of the law of nations from a juridical perspective. In this edited collection, specialists from all over Europe, including legal and diplomatic historians, international lawyers and an International Relations theorist, analyse peace treaty practice from the late fifteenth century to the Peace of Versailles of 1919. Important emphasis is given to the doctrinal debate about peace treaties and the influence of older, Roman and medieval concepts on modern practices. This book goes back further in time beyond the epochal Peace of Treaties of Westphalia of 1648 and this broader perspective allows for a reassessment of the role of the sovereign state in the modern international legal order.
The core use of language is in face-to-face conversation. This is characterized by rapid turn-taking. This turn-taking poses a number central puzzles for the psychology of language. Consider, for example, that in large corpora the gap between turns is on the order of 100 to 300 ms, but the latencies involved in language production require minimally between 600 ms (for a single word) or 1500 ms (for as simple sentence). This implies that participants in conversation are predicting the ends of the incoming turn and preparing in advance. But how is this done? What aspects of this prediction are done when? What happens when the prediction is wrong? What stops participants coming in too early? If...
This systematic analysis of State complicity in international law focuses on the rules of State responsibility. Combining a theoretical perspective on complicity based on the concept of the international rule of law with a thorough analysis of international practice, Helmut Philipp Aust establishes what forms of support for wrongful conduct entail responsibility of complicit States and sheds light on the consequences of complicity in terms of reparation and implementation. Furthermore, he highlights how international law provides for varying degrees of responsibility in cases of complicity, depending on whether peremptory norms have been violated or special subject areas such as the law of collective security are involved. The book shows that the concept of State complicity is firmly grounded in international law, and that the international rule of law may serve as a conceptual paradigm for today's international legal order.