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The ILO at 100

Tackling Today’s Dilemmas and Tomorrow’s Challenges

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Edited by Christophe Gironde and Gilles Carbonnier

On the occasion of the centenary of the International Labour Organization (ILO), this 11th special issue of International Development Policy explores the Organization's capacity for action, its effectiveness and its ability to adapt and innovate. The collection of thirteen articles, written by authors from around the world, covers three broad areas: the ILO’s historic context and contemporary challenges; approaches and results in relation to labour and social protection; and the changes shaping the future of work. The articles highlight the progress and gaps to date, as well as the context and constraints faced by the ILO in its efforts to respond to the new dilemmas and challenges of the fourth industrial revolution, with regard to labour and social protection.

Contributors are Juliette Alenda-Demoutiez, Abena Asomaning Antwi, Zrampieu Sarah Ba, Stefano Bellucci, Thomas Biersteker, Filipe Calvão, Gilles Carbonnier, Nancy Coulson, Antonio Donini, Christophe Gironde, Karl Hanson, Mavis Hermanus, Velibor Jakovleski, Scott Jerbi, Sandrine Kott, Marieke Louis, Elvire Mendo, Eric Otenyo, Agnès Parent-Thirion, Sizwe Phakathi, Paul Stewart, Kaveri Thara, Edward van Daalen, Kees van der Ree, Patricia Vendramin, Christine Verschuur.
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The Right to Appeal in International Criminal Law

Human Rights Benchmarks, Practice and Appraisal

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Drazan Djukić

In The Right to Appeal in International Criminal Law Dražan Djukić describes appeal proceedings in international criminal law and evaluates them against human rights benchmarks. While international criminal courts and tribunals mainly comply with these benchmarks, they have fallen short in certain important areas.
Despite their importance to the legal process, appeal proceedings tend to receive limited attention. On the basis of benchmarks arising from international human rights law, Dražan Djukić systematically assesses the law and practice concerning appeal proceedings in international criminal law.
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Emmanuel Roucounas

This rich and remarkable volume offers an overview of the most important schools, movements and trends which make up the theoretical landscape of contemporary international law, as well as the works of over 500 authors. It moves beyond generalization and scrutinizeas how the relevant literature deals with the basic issues of the international legal system, such as international obligations, legitimacy, compliance, unity and universality, the rule of law, human rights, use of force and economics. It offers insights into the addressees (the state, international organizations, individuals and other private persons), and the construction of international law, including law-making, the relationship between norms, and interpretation. Moreover, it widens the discourse by addressing old, yet enduring, as well as new concerns about the functioning of the international legal system, and presents views of non-international lawyers and political scientists regarding that system. It is a valuable analysis for researchers, students, and practitioners.
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Francisco Pascual-Vives

In Consensus-Based Interpretation of Regional Human Rights Treaties Francisco Pascual-Vives examines the central role played by the notion of consensus in the case law of the European and Inter-American Courts of Human Rights. As many other international courts and tribunals do, both regional human rights courts resort to this concept while undertaking an evolutive interpretation of the Rome Convention and the Pact of San José, respectively. The role exerted by the notion of consensus in this framework can be used not only to understand the evolving character of the rights and freedoms recognized by these international treaties, but also to reaffirm the international nature of these regional human rights courts.
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Timo Kivimäki

This article investigates how selfish justifications enter cosmopolitan rationales in the political plane of the discourse. It makes sense of the ways in which selfish ideas are allowed to meddle in and merge with morally-based cosmopolitan norms. The article commits to the ontological and epistemological premises of critical discourse analysis, and focuses on us presidential papers since 1989. It substantiates the claims it makes by using computer-assisted discursive process tracing method as a supporting tool for qualitative analysis of texts. The computerised analysis of discursive entanglements reveals that cosmopolitan protective operations are in fact mainly framed nationalistically. The roots of such selfish nationalistic arguments for international protective military operations can be traced in the realist and hegemonic fallacies that emphasise the naturality of national selfishness and the need for global hegemony. Furthermore, the article shows how the entanglement of discourse strands about ‘protection’ and ‘innocent victimhood’ as well as the entanglement between ‘crime prevention’ and ‘terrorism prevention’ legitimate selfish internationalist arguments in the us political debate.

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Timea Spitka

Although international norms on the Responsibility to Protect (R2P ), norms stemming from United Nations Security Council Resolution 1325 and the agenda of Women, Peace and Security (wps) have shifted the narrative from a state-centric to a human-centric approach to security, they have failed to intersect in the most difficult contexts. This paper examines the intersections between Pillar iii of R2P, Resolution 1325 and the agenda of wps with a focus on protection in Gaza. Within the Gaza context, all authorities can be seen as failing in their responsibility to protect, however, no steps have been taken toward operationalisation of protection under R2P. Examining protection through a gendered lens provides a critical mirror of strategies of protection as well as a roadmap towards improvement. The article argues that R2P in combination with the agenda of wps provides a potential tool for constructing a consensus prioritising protection of civilians in the most difficult contexts.

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Mohammad Zahidul Islam Khan

What instruments and mechanisms are available to harness the ‘political will’ to pursue justice for the allegations of ‘atrocity crime’ in Rakhine, Myanmar? Analysing country’s ratification trend, declarations upon ratification on relevant global instruments, and interactions with the un on human rights issues, this paper reveals the ‘mind’ of Myanmar and its obligations. Exploring the mechanism of four International Crime Tribunals (icts), it outlines the pathways to pursue justice. Revealing the inadequacies of current actions by key state actors resulting in invidious outcomes that privilege impunity for atrocity crimes, the paper suggests ways to harness the political will to pursue justice. This paper contends that the establishment of an ict for the trial of atrocity crimes in Rakhine (ictm-R) would be best facilitated by: a consensus mandate to prosecute individuals and not the state; precisely defined jurisdiction; and provisions to integrate the host nation’s apparatus, buttressed by the advocacy of the right groups and media.

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Hamzah S. Aldoghmi

Recently, there has been increasing recognition that the Responsibility to Protect principle (R2P) and refugee protection are inextricably linked and conceptually connected. The question remains, however, whether the link between the two protection frameworks can provide a basis for the protection of prima facie refugees fleeing mass atrocity crimes. This article identifies that prima facie refugees have the right to protection irrespective of where they arrive. It finds that the prima facie provision is one that exists under international refugee law and is highly relevant to the R2P principle. R2P facilitates a framework of prima facie protection, but it must include the political and legal norms of R2P and international refugee law. The article argues that expanding the idea of R2P and refugee protection as an interlinked agenda offers a protection-oriented framework to address the protection needs of prima facie refugees fleeing mass atrocity crimes.

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Edited by Jill Barrett and Jean-Pierre Gauci

The original documentary sources of key British contributions to international law spanning the past 100 years are collected for the first time in this unique anthology (set of 4 books). These range from seminal writings of highly qualified British scholars of international law, judgments of British courts, opinions of British judges on international courts and tribunals and pleadings by British advocates; treaties concluded and statements made by the United Kingdom government, British contributions to international legal drafting, legislation and parliamentary debates; to an imaginative selection of other forms of literature.

The Editors’ introduction explains why, of all the multifarious British contributions, these are the ones that have had the most enduring impact upon the development of international law, from a global perspective. The sheer quality in these texts speaks for itself; these are the must-read and must-keep classic pieces for all interested in international law and the uniquely British contributions to it.

Please also see the following related titles:
- British Influences on International Law, 1915-2015
- The Role of Legal Advisers in International Law