This chapter examines the issue of accountability in relation to international organizations (IOs). The research questions deserving most intense theoretical and empirical attention are, first, who should be accountable to whom and, second, to what extent they actually are. It outlines some approaches to answering these questions; highlights the most promising one; and sketches the contours of a possible solution to a major problem that plagues that approach. The chapter shows that the selection and design of IOs plays a special role in overall assessments of accountability. The most persuasive answer to the first question remains some version of the principle that everyone who is affected by a political decision should be able to influence that decision. Even under conditions of global interconnectedness, this does not mean that everyone should have a say on any decisions taken anywhere else: decision-makers should be accountable to specific constituencies in proportion to the power they wield over those constituencies.
This chapter examines the problems that could arise when a state invokes self-defence to justify action against terrorist groups in another state. It first considers indirect armed attack against armed groups and the controversy surrounding the use of self-defence where armed groups are controlled by a foreign state, with particular reference to the International Court of Justice (ICJ) jurisprudence. It then discusses the possibility that an armed attack could occur, permitting a forcible response in the context of international law, without attribution to a state by citing the Nicaragua case in which the ICJ pronounced that self-defence is permissible against a host state in effective control of an armed group. The chapter also looks at the case of Afghanistan and its relationship to Al Qaeda as an example of a state’s claims of self-defence against terrorism.
Ignacio Gómez-palacio and Peter Muchlinski
This article outlines the major legal and policy issues that the development of rights to admission and establishment raise under international law. It begins with an assessment of the meaning of the terms ‘admission’ and ‘establishment’ as well as the related term ‘market access’. It goes on to consider various interests of the host country and the investor that inform the development of legal responses in this field. It continues with a review of the major trends in admission and establishment provisions in national laws and in international investment agreements. As regards the international dimension, this article relies to a great extent on the significant work done in this regard by United Nations Conference on Trade and Development and seeks to update that work in the light of more recent developments. Finally, by way of conclusion, it seeks to relate the foregoing discussion to some wider policy issues.
James Thuo Gathii
This chapter traces the two major trends in thinking about Africa’s engagement with international law from a historical perspective: ‘contributionists’ who emphasize Africa’s contributions to international law, on the one hand; and critical theorists who examine Africa’s subordination in its international relations as a legacy that is traceable to international law, on the other. For authors such as Taslim Elias Olawale, ‘inter-civilizational participation in the process of crafting genuinely universal norms’ has historically involved Africa as a central player. This emphasis on Africa’s participation in the formation of international law amounts to contributionism. Critical theorists, such as Makau Wa Mutua, Siba Grovogui, Kamari Clark, Ibironke Odumosu, and Obiora Okafor, among others, by contrast focus on the manner in which modern international law continues the legacy of colonial disempowerment while providing spaces for resistance and reform.
Fatiha Sahli and Abdelmalek El Ouazzani
This chapter argues that the impact of Islam on the contribution of North Africa in the production of the norms of international law has been but relative. It must be associated with another reality, which is that of the relationships between powers and their competition for domination. All through the centuries of coexistence of the Muslim empires and the European nations, their reciprocal relations were guided by war strategies and by the power games that dominated the Mediterranean world. If there is a contribution of the Muslims to international law, it is in the field of the protection of the laws of the persons, particularly in the laws of the Dhimmi, and more precisely in the laws of the religious minorities and the humane treatment of the war prisoners that it could be found.
Michael N. Schmitt
Military air operations remain the domain least regulated by international law. This chapter begins by discussing the history of air operations, including efforts to develop the law of air warfare. It then examines the law of air warfare from the perspective of airmen. It does so by addressing four main questions: (1) Where may air operations be conducted? (2) Who and what may be attacked? (3) How must air operations be conducted? (4) What weapons may be used?
This chapter examines Alberico Gentili’s life and teaching; Gentili and the history of international law; and Gentili and the doctrine of war. In Oxford, Alberico Gentili wrote a large number of works, which can be divided in four main groups: treatises on topics of the civil law, law of nations, issues pertaining to political theology, and various questions of legal erudition. His major works include Three Books on the Law of War, Two Books on the Roman Armies, and Two Books of Spanish Attorneyship.
Asif H. Qureshi
In an international investment system wherein an external conflict resolution system is shopped for as and when needed, the introduction of an appellate system in International Centre for Settlement of Investment Disputes (ICSID) with potential precedential consequences for other bilateral investment systems poses interesting challenges. This article presents in brief some of the arguments for an appellate process in the investment sphere. It also discusses various developments that have led to a number of learned conferences on investment arbitration in which the proposal for an appellate system has been the subject of discussion involving both academics and practitioners in the field. It identifies some of the potential appellate options, and focuses on the development perspective to such a proposal. This article is proffered mainly as a framework paper focusing on some key issues. It discusses the inter alia involved in the development perspective in the establishment of an appellate process in the investment sphere.
This article seeks to analyse the development of the relationship between different systems and rules of law as the applicable law of an investment dispute. It identifies a few aspects of the procedural framework in which arbitral tribunals find themselves, notably the jura novit curia principle. This is followed by an overview of different approaches to internationalizing international investment law applicable to claims brought by private investors on the basis of a contract with the host state. In this respect, investment arbitration is to be distinguished from international commercial arbitration at large as well as adjudication in national courts. Also, investment arbitration is a field in which the principle of party autonomy, although of indisputable importance, does not reign supreme. This is followed by more practical analyses of the law, or legal rules, applicable to contract claims and treaty claims respectively.
Disputes involving Olympic athletes can arise from a wide range of decisions made by a host of entities. A disputed decision may involve the eligibility of an athlete, employment of coaches and staff, organizational governance, doping, and commercial contracts. Three disputes involving athletes and the modern Olympic games show how arbitration has come to play a central role in resolving contested decisions of sporting associations. First, the case of sprinter Harry Reynolds illustrates the limitations of using national courts to challenge doping-related sanctions. Second, the eligibility struggles of Oscar Pistorius demonstrate how athletes and national sporting associations can benefit from arbitration’s efficiency. Finally, the case of Claudia Pechstein offers a recent example showing the deference given arbitration by national courts, for better or worse.