The papers in this Symposium were prepared for an important conference on “Updating International... more The papers in this Symposium were prepared for an important conference on “Updating International Nuclear Law” held in Salzburg, Austria in October 2005. The Austrians living in Salzburg and Upper Austria have long been distressed by the risks created by the Temelin Nuclear Power Plant, situated in the Czech Republic some 50 kilometers (31 miles) north of the Austrian-Czech border. That plant was started by the Soviet Union, but had been only partially completed when the Cold War ended. Under U.S. pressure, the Czech government agreed to contract with Westinghouse to complete the plant, creating a hybrid plant utilizing some Soviet and some Westinghouse technology. It is thus a unique plant, creating unknown risks.
reprinted in 37 ILM 999 (1998) ("Rome Statute"). 3 One of many valuable introductions to differen... more reprinted in 37 ILM 999 (1998) ("Rome Statute"). 3 One of many valuable introductions to different legal orders is H. Patrick Glenn, Legal Traditions of the World (Oxford 2000). 4 For an analysis of the interplay of morality, comity, and positive law in a municipal law context, see Robert C. Ellickson, Order Without Law 280-86 (Harvard 1991). My own proposal to clarify thought by identifying some of the different normative orders at play when questions of international law were raised was written without the advantage of having first read Ellickson's book. See generally Alfred P. Rubin, Enforcing the Rules of
Civil Society, International Courts and Compliance Bodies, 2005
Contemporary literature has enriched our understanding of international relations by its emphasis... more Contemporary literature has enriched our understanding of international relations by its emphasis on the concepts of non-state actor and cooperation. Inspired by the analytical usefulness of these two theoretical insights, this article examines the case of developmental non-governmental organizations (NGOs), seeking to explain how these institutions of civil society are active and innovative participants in the international aid regime. An overview of the work of NGOsfirst indicates that their role is becoming increasingly institutionalized and that the scope of their interventions is constantly growing. In an attempt to explore the idelllity of NGOs, the article then presents key characteristics generally recognized as specific to this category of non-state actors. The resulting portrait provides a rough picture of the true nature of NGOs but it does not account for their heterogeneity. Four generations of NGOs can be distinguished according to their charitable, developmental, participatory, or globalist approaches. Given that NGOs aim to maximize the efficiency and accentuate the impact of their activities in the aid regime, the article finally analyzes a series of institutional tensions with which they are faced. RESUME Au cours des dernieres annees, les notions d' acteur non-etatique et de cooperation ont enrichi le domaine des relations internationales. Inspire par /'uti/ire analytique de ces deux reperes theoriques, cet article erudie I' experience des organisations non-gouvernementales (ONG) de developpement; il vise a comprendre en quoi ces institutions issues de Ia societe civile participent de fa~on active et originale au fonctionnement du regime international de /'aide. Un aper~u d' ensemble des activites des ONG souligne d' abord /' institutionnalisation progressive de leur role et /' accroissement de leur champ d' intervention. Cherchant a mieux saisir /'identite des ONG, /'article propose ensuite un tableau des traits generalement • Received 10-10-90; revised version 30-07-91
TO THE SUSTAINABLE DEVELOPMENT GOALS* VED P. NANDA** A discussion of this topic will not be compl... more TO THE SUSTAINABLE DEVELOPMENT GOALS* VED P. NANDA** A discussion of this topic will not be complete without at least briefly touching on the meaning of these two terms--development and sustainable development. A marked shift has occurred in our understanding of the meaning of development. Instead of being equated with economic growth, development is now seen as being linked with human development. In 1990, the United Nations Development Program ("UNDP") issued its first annual Human Development Report,' introducing the Human Development Index ("HDI"), which measured development not by income alone as traditional economists had done, but by indicators reflecting "life expectancy, literacy and command over the -resources to enjoy a decent standard of living.", 2 In his foreword to the report, then-Administrator of UNDP, William H. Draper III, stated: [W]e are rediscovering the essential truth that people must be at the center of all development. The purpose of development is to offer people more options. One of their options is access to income-not as an end in itself but as a means to acquiring human well-being. But there are other options as well, including long life, knowledge, political freedom, personal security, community participation and guaranteed human rights. People cannot be reduced to a single dimension as economic creatures. What makes them and the study of the development process fascinating is the entire spectrum through which human capabilities are expanded and utilized.
Maritime piracy disrupts international navigation and trade and threatens the lives and property ... more Maritime piracy disrupts international navigation and trade and threatens the lives and property of people of many nations. Piracy must indeed be seen as a global challenge that requires a global response. This chapter addresses the challenges of piracy to the entire international community and explores actions that could effectively meet them; its focus will primarily be on the Somali pirates. The chapter assesses the nature and scope of the challenge. It discusses the legal framework applicable to piracy and reviews the wide range of international, regional, and national responses to prevent and deter acts of piracy and punish the perpetrators. The chapter talks about appraisal and recommendations. It focuses on the international and regional cooperative measures to prevent and deter acts of piracy and to bring pirates to justice. Keywords:appraisal; international community; justice; legal framework; maritime piracy; Somali pirates
4. In the fall of 1986 NASA decided to coordinate and sponsor with the Federal Aviation Administr... more 4. In the fall of 1986 NASA decided to coordinate and sponsor with the Federal Aviation Administration (FAA), the National Oceanic Atmospheric Administration (NOAA), the World Meteorological Organization (WMO) and the United Nations Environment Program (UNEP), a review of all ground-based and satellite-based data. Ifiedt selected the Ozone Trends Panel, comprising eminent scientists from federal agencies, research institutions, private industry, and universities. OZONE TRENDS PANEL REPORT, supra note 1, at 2. 5. Id. at 4. ers can effectuate their preferred policies constitutes the focus of this article. Thus, the first part of the article addresses the phenomenon of stratospheric ozone depletion, noting significant recent developments, and discussing their ramifications. This is followed by an inquiry into pertinent international and U.S. responses to ozone depletion. Recent developments in international environmental law provide an appropriate context for this inquiry. The adequacy of these responses is as
T HE MILITARY INTERVENTION by the nineteen,member North Atlantic Treaty Organization (NATO) in Ko... more T HE MILITARY INTERVENTION by the nineteen,member North Atlantic Treaty Organization (NATO) in Kosovo, a province of Serbia in the Federal Republic of Yugoslavia, was the first ofits kind undertaken by the alli, ance. Under the 1949 North Atlantic Treaty,l NATO was formed as are, gional security organization. With its mission to act in a defensive capacity to protect its members from external aggression, under the treaty the parties spe, cifically agreed that
The term “war on terror” has undoubtedly entered our common usage, notwithstanding heavy criticis... more The term “war on terror” has undoubtedly entered our common usage, notwithstanding heavy criticism that instead of using it as a metaphor, as in the “war on poverty” or the “war on drugs,” terminology which has primarily served a rhetorical purpose, the US views the struggle against al Qaeda and associated terrorist groups and individuals as a real war. Other critics have argued that employing the law of armed conflict is not an effective tool to counter terrorism, urging instead to consider terrorism as primarily a law enforcement problem. Thus, they suggest using the traditional criminal justice system to arrest, prosecute, and punish terrorists if they are found guilty. President George W. Bush directly and unequivocally responded to such critics in his 2004 State of the Union Address to the Congress:
240 Journal of International Law and Policy Vol. 8:239 a. Current Law 276 b. Recommendations 279 ... more 240 Journal of International Law and Policy Vol. 8:239 a. Current Law 276 b. Recommendations 279 С Environmental Considerations 280 1. Domestic (Federal-State) Issues 281 2. International Aspects 282 a. Unilateral US Actions Related to the Marine Environment 283 b. ...
On June 26, 1975, the president of India, Fakhruddin Ali Ahmed, proclaimed a state of emergency.'... more On June 26, 1975, the president of India, Fakhruddin Ali Ahmed, proclaimed a state of emergency.' He invoked his constitutional prerogative under which he is empowered to declare a "Proclamation of Emergency" if he is "satisfied" that a "grave emergency" exists or is imminent, threatening "the security of India or any part of the territory thereof.. . whether by war or external aggression or internal disturbance .... ... In this case, for the first time since the Constitution of independent India came into force on January 26, 1950, the rationale for the action was the threat of internal disturbances. 3 In accordance with the extraordinary constitutional powers bestowed upon the government of India following such presidential action, 4 Prime Minister Indira Gandhi's government arrested and jailed thousands of political opponents, 6 imposed strict censorship of the press, 6 suspended civil liberties, 7 banned several dissident parties, s and sought to consolidate its power by @ Copyright 1975, Ved P. Nanda * The paper reflects events in India as of August 11, 1975. I am grateful to my colleagues William Beaney, Neil Littlefield and Lawrence Tiffany for reading a draft of this paper, however, I alone am responsible for the views presented here.
Daisaku Ikeda, the president of Soka Gakkai International (SGI), and Ved P. Nanda, the renowned s... more Daisaku Ikeda, the president of Soka Gakkai International (SGI), and Ved P. Nanda, the renowned scholar of international law and vice provost and professor at the University of Denver, are currently collaborating, via correspondence, on the publication of their dialogues. The dialogues between the two leaders took place during their meetings in 1994, 1996, and 1997. During the professor’s 1997 visit to Japan, an agreement was reached to publish the dialogues. Since then, the terrorist attacks on the U.S. in 2001 have plunged the world into a frightening new era, revealing an underlying virulent animosity pushing civilizations toward conflict, and compelling humanity in the 21st century to pursue the well-being of all the world’s peoples and build a harmonious global society through dialogue between the civilizations. In their dialogues, President Ikeda and Professor Nanda discuss how to awaken in humanity a vision of hope as they explore the following themes from the viewpoint of Bu...
The papers in this Symposium were prepared for an important conference on “Updating International... more The papers in this Symposium were prepared for an important conference on “Updating International Nuclear Law” held in Salzburg, Austria in October 2005. The Austrians living in Salzburg and Upper Austria have long been distressed by the risks created by the Temelin Nuclear Power Plant, situated in the Czech Republic some 50 kilometers (31 miles) north of the Austrian-Czech border. That plant was started by the Soviet Union, but had been only partially completed when the Cold War ended. Under U.S. pressure, the Czech government agreed to contract with Westinghouse to complete the plant, creating a hybrid plant utilizing some Soviet and some Westinghouse technology. It is thus a unique plant, creating unknown risks.
reprinted in 37 ILM 999 (1998) ("Rome Statute"). 3 One of many valuable introductions to differen... more reprinted in 37 ILM 999 (1998) ("Rome Statute"). 3 One of many valuable introductions to different legal orders is H. Patrick Glenn, Legal Traditions of the World (Oxford 2000). 4 For an analysis of the interplay of morality, comity, and positive law in a municipal law context, see Robert C. Ellickson, Order Without Law 280-86 (Harvard 1991). My own proposal to clarify thought by identifying some of the different normative orders at play when questions of international law were raised was written without the advantage of having first read Ellickson's book. See generally Alfred P. Rubin, Enforcing the Rules of
Civil Society, International Courts and Compliance Bodies, 2005
Contemporary literature has enriched our understanding of international relations by its emphasis... more Contemporary literature has enriched our understanding of international relations by its emphasis on the concepts of non-state actor and cooperation. Inspired by the analytical usefulness of these two theoretical insights, this article examines the case of developmental non-governmental organizations (NGOs), seeking to explain how these institutions of civil society are active and innovative participants in the international aid regime. An overview of the work of NGOsfirst indicates that their role is becoming increasingly institutionalized and that the scope of their interventions is constantly growing. In an attempt to explore the idelllity of NGOs, the article then presents key characteristics generally recognized as specific to this category of non-state actors. The resulting portrait provides a rough picture of the true nature of NGOs but it does not account for their heterogeneity. Four generations of NGOs can be distinguished according to their charitable, developmental, participatory, or globalist approaches. Given that NGOs aim to maximize the efficiency and accentuate the impact of their activities in the aid regime, the article finally analyzes a series of institutional tensions with which they are faced. RESUME Au cours des dernieres annees, les notions d' acteur non-etatique et de cooperation ont enrichi le domaine des relations internationales. Inspire par /'uti/ire analytique de ces deux reperes theoriques, cet article erudie I' experience des organisations non-gouvernementales (ONG) de developpement; il vise a comprendre en quoi ces institutions issues de Ia societe civile participent de fa~on active et originale au fonctionnement du regime international de /'aide. Un aper~u d' ensemble des activites des ONG souligne d' abord /' institutionnalisation progressive de leur role et /' accroissement de leur champ d' intervention. Cherchant a mieux saisir /'identite des ONG, /'article propose ensuite un tableau des traits generalement • Received 10-10-90; revised version 30-07-91
TO THE SUSTAINABLE DEVELOPMENT GOALS* VED P. NANDA** A discussion of this topic will not be compl... more TO THE SUSTAINABLE DEVELOPMENT GOALS* VED P. NANDA** A discussion of this topic will not be complete without at least briefly touching on the meaning of these two terms--development and sustainable development. A marked shift has occurred in our understanding of the meaning of development. Instead of being equated with economic growth, development is now seen as being linked with human development. In 1990, the United Nations Development Program ("UNDP") issued its first annual Human Development Report,' introducing the Human Development Index ("HDI"), which measured development not by income alone as traditional economists had done, but by indicators reflecting "life expectancy, literacy and command over the -resources to enjoy a decent standard of living.", 2 In his foreword to the report, then-Administrator of UNDP, William H. Draper III, stated: [W]e are rediscovering the essential truth that people must be at the center of all development. The purpose of development is to offer people more options. One of their options is access to income-not as an end in itself but as a means to acquiring human well-being. But there are other options as well, including long life, knowledge, political freedom, personal security, community participation and guaranteed human rights. People cannot be reduced to a single dimension as economic creatures. What makes them and the study of the development process fascinating is the entire spectrum through which human capabilities are expanded and utilized.
Maritime piracy disrupts international navigation and trade and threatens the lives and property ... more Maritime piracy disrupts international navigation and trade and threatens the lives and property of people of many nations. Piracy must indeed be seen as a global challenge that requires a global response. This chapter addresses the challenges of piracy to the entire international community and explores actions that could effectively meet them; its focus will primarily be on the Somali pirates. The chapter assesses the nature and scope of the challenge. It discusses the legal framework applicable to piracy and reviews the wide range of international, regional, and national responses to prevent and deter acts of piracy and punish the perpetrators. The chapter talks about appraisal and recommendations. It focuses on the international and regional cooperative measures to prevent and deter acts of piracy and to bring pirates to justice. Keywords:appraisal; international community; justice; legal framework; maritime piracy; Somali pirates
4. In the fall of 1986 NASA decided to coordinate and sponsor with the Federal Aviation Administr... more 4. In the fall of 1986 NASA decided to coordinate and sponsor with the Federal Aviation Administration (FAA), the National Oceanic Atmospheric Administration (NOAA), the World Meteorological Organization (WMO) and the United Nations Environment Program (UNEP), a review of all ground-based and satellite-based data. Ifiedt selected the Ozone Trends Panel, comprising eminent scientists from federal agencies, research institutions, private industry, and universities. OZONE TRENDS PANEL REPORT, supra note 1, at 2. 5. Id. at 4. ers can effectuate their preferred policies constitutes the focus of this article. Thus, the first part of the article addresses the phenomenon of stratospheric ozone depletion, noting significant recent developments, and discussing their ramifications. This is followed by an inquiry into pertinent international and U.S. responses to ozone depletion. Recent developments in international environmental law provide an appropriate context for this inquiry. The adequacy of these responses is as
T HE MILITARY INTERVENTION by the nineteen,member North Atlantic Treaty Organization (NATO) in Ko... more T HE MILITARY INTERVENTION by the nineteen,member North Atlantic Treaty Organization (NATO) in Kosovo, a province of Serbia in the Federal Republic of Yugoslavia, was the first ofits kind undertaken by the alli, ance. Under the 1949 North Atlantic Treaty,l NATO was formed as are, gional security organization. With its mission to act in a defensive capacity to protect its members from external aggression, under the treaty the parties spe, cifically agreed that
The term “war on terror” has undoubtedly entered our common usage, notwithstanding heavy criticis... more The term “war on terror” has undoubtedly entered our common usage, notwithstanding heavy criticism that instead of using it as a metaphor, as in the “war on poverty” or the “war on drugs,” terminology which has primarily served a rhetorical purpose, the US views the struggle against al Qaeda and associated terrorist groups and individuals as a real war. Other critics have argued that employing the law of armed conflict is not an effective tool to counter terrorism, urging instead to consider terrorism as primarily a law enforcement problem. Thus, they suggest using the traditional criminal justice system to arrest, prosecute, and punish terrorists if they are found guilty. President George W. Bush directly and unequivocally responded to such critics in his 2004 State of the Union Address to the Congress:
240 Journal of International Law and Policy Vol. 8:239 a. Current Law 276 b. Recommendations 279 ... more 240 Journal of International Law and Policy Vol. 8:239 a. Current Law 276 b. Recommendations 279 С Environmental Considerations 280 1. Domestic (Federal-State) Issues 281 2. International Aspects 282 a. Unilateral US Actions Related to the Marine Environment 283 b. ...
On June 26, 1975, the president of India, Fakhruddin Ali Ahmed, proclaimed a state of emergency.'... more On June 26, 1975, the president of India, Fakhruddin Ali Ahmed, proclaimed a state of emergency.' He invoked his constitutional prerogative under which he is empowered to declare a "Proclamation of Emergency" if he is "satisfied" that a "grave emergency" exists or is imminent, threatening "the security of India or any part of the territory thereof.. . whether by war or external aggression or internal disturbance .... ... In this case, for the first time since the Constitution of independent India came into force on January 26, 1950, the rationale for the action was the threat of internal disturbances. 3 In accordance with the extraordinary constitutional powers bestowed upon the government of India following such presidential action, 4 Prime Minister Indira Gandhi's government arrested and jailed thousands of political opponents, 6 imposed strict censorship of the press, 6 suspended civil liberties, 7 banned several dissident parties, s and sought to consolidate its power by @ Copyright 1975, Ved P. Nanda * The paper reflects events in India as of August 11, 1975. I am grateful to my colleagues William Beaney, Neil Littlefield and Lawrence Tiffany for reading a draft of this paper, however, I alone am responsible for the views presented here.
Daisaku Ikeda, the president of Soka Gakkai International (SGI), and Ved P. Nanda, the renowned s... more Daisaku Ikeda, the president of Soka Gakkai International (SGI), and Ved P. Nanda, the renowned scholar of international law and vice provost and professor at the University of Denver, are currently collaborating, via correspondence, on the publication of their dialogues. The dialogues between the two leaders took place during their meetings in 1994, 1996, and 1997. During the professor’s 1997 visit to Japan, an agreement was reached to publish the dialogues. Since then, the terrorist attacks on the U.S. in 2001 have plunged the world into a frightening new era, revealing an underlying virulent animosity pushing civilizations toward conflict, and compelling humanity in the 21st century to pursue the well-being of all the world’s peoples and build a harmonious global society through dialogue between the civilizations. In their dialogues, President Ikeda and Professor Nanda discuss how to awaken in humanity a vision of hope as they explore the following themes from the viewpoint of Bu...
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