Post-Conflict Peace-Building: Establishment of the Human Rights Ombudsman
In the post Cold War period, armed conflict continues to proliferate. Inter-state conflict, however, is the exception. Civil conflict — based on ethnic, religious, political and other differences — is common.1 War-torn societies suffer from a variety of domestic weaknesses, including state institutions that are flawed or have been destroyed, human rights abuses and breakdown in the rule of law. After the conflict ends, reconstruction of state and societal sectors needs to occur to prevent the state from slipping back into armed conflict. The concept of post-conflict peace-building developed in the 1990s, often associated with internationally-brokered peace agreements.2
International Law in the Post-Cold War World : Essays in Memory of Li Haopei
I. Trends and Perspectives 1. Shifting paradigms of international law and world order in an era of historical transition Edward McWhinney 2. Towards a law of co-progressiveness Sienho Yee II Sources of Law 3. The contribution of the international criminal tribunal for the former Yugoslavia to the ascertainment of general principles of law recognized by the community of nations Antonio Cassese 4. Opinio juris: A key concept in international law that is much misunderstood Bin Cheng 5. Judicial decisions as a source of international law and the defence of duress in murder or other cases arising from armed conflict Bing Bing Jia III. Substance and Theories of Law 6. The concept of "war crimes" Georges Abi-Saab 7. A new area of international law: the protection of maritime cultural property Kaare Bangert 8. IMF governance, the Asian financial crisis, and the new international financial architecture Bartram S. Brown 9. Passing the baton: the delegation of security council enforcement powers from Kuwait to Kosovo Simon Chesterman 10.State responsibility for violations of human rights Wladyslaw Czaplinski 11. Russia and international human rights Gennady M. Danilenko 12. Responsibility of states and individuals for international crimes Vladimir-Djuro Degan 13. China and the principle of sovereign equality in the 21st century Gao Feng 14. The legality of NATO's military action in Kosovo: is there a right of humanitarian intervention? Christine Gray 15. Immunity and "double criminality": General Augusto Pinochet before the House of Lords John R.W.D. Jones 16. The use of the term "(Public) Morality" in the European convention on human rights: a brief history Santiago Legarre 17. International legal issues arising in the Kosovo crisis Vaughan Lowe 18. Content and contours of genocide, crimes against humanity, and war crimes Jordan J. Paust 19. The legal qualification of the conflicts in the former Yugoslavia: double standards or new horizons for international humanitarian law? Marco Sass'oli 20. Monitoring the convention against racial discrimination in the post-cold war context Theo van Boven 21. General principles of law regarding the protection of minorities Budislav Vukas 22. Sovereignty in global economic integration: a Chinese perspective Guiguo Wang 23. The doctrine of command reponsibility as applied to civilian leaders: the ICTR and the Kayishema case Zhu Wenqi IV Courts and Adjudication 24. The international protection of human rights: experiences with the European court of human rights Ronald St J MacDonald 27. Judicial procedures and the protection of human rights: the European context Peter Malanczuk 28. Challenges to indictments in international crimin
The European Council and The Council of the European Union: Shapers of a European Confederation
The European Council and the Council of the European Union play key roles in the European Union.' The European Council is largely concerned with system-steering, while the Council of the EU undertakes sectoral policymaking. What is common to these roles is the balancing act carried out by both institutions. Both have to mediate the centripetal dynamics of integration, termed cooperative confederalism here, and the centrifugal dynamics which are found in the strongly entrenched territorial nature of power, centered on the member states. Using new institutionalist analysis, the article illuminates different facets of the two institutions 'functioning in mediating the two dynamics.