Search Results

Restricted Access

Anne Peters

Abstract

The objective of this paper is to spell out the legal consequences of the concept "responsibility to protect" (R2P), postulated as a binding legal principle of international law, for the Security Council and its members. The paper is a thought experiment, because the binding legal force of R2P is not settled. My argument is that, once R2P is accepted as a full-fledged legal principle, the Security Council (and its members) would be under a legal obligation to authorize or to take sufficiently robust action in R2P situations. The paper then discusses the problems engendered by the acceptance of such a material obligation and suggests a procedural obligation to justify inaction instead.

Restricted Access

Anne Peters

Open Access

Anne Peters

In all major fields of international law—e.g. environmental law, economic law, human rights law, international humanitarian law, health law, peace-and-security law—demands for more transparency have recently been voiced by civil-society actors, by states, and within the international institutions themselves—or transparency has been brought about by illegal means. In response, much more transparency has been created in international institutions and procedures in the last 10 years. This paper diagnoses a genuine “transparency turn” in international law, it analyses the functions and drawbacks of increased transparency in global governance (especially for the well-functioning of negotiations and deliberations); it asks whether a cross-cutting legal principle of transparency is emerging, and what this might mean for international law as a whole. It concludes that from a governance perspective, transparency is only a necessary, and not a sufficient condition for bringing about participation, accountability, and possibly democracy in the global sphere.

Restricted Access

Emmanuelle Tourme Jouannet and Anne Peters

Restricted Access

Anne Peters, Kaspar Delhey and Eva Klonczinski

Abstract

In order to maintain functionality of the plumage, birds apply a variety of fatty substances to the feathers, usually derived from the preen gland. Such secretions could also have cosmetic functions, altering plumage reflectance, and there is indeed some evidence for such cosmetic functions of preen fats. Some birds, noticeably pigeons, use fats derived from modified feathers, so called fat quills, in a presumably similar fashion, but almost nothing is known about their putative functions. Here we present a first test of the possibility that fat quill secretion could function as a cosmetic. As models we used domestic pigeon races that produce fat quills, we first confirm their extensive use in plumage maintenance behaviour. We then assessed the effect of experimental addition and removal fat quill secretion on reflectance of white feathers using reflectance spectrometry and physiological models of avian colour vision. Addition of secretion to cleaned white feathers resulted in a significant, discriminable change in the feather reflectance spectrum, which was strikingly similar to the absorbance spectrum of passerine preen gland secretion. However, like previous studies on preen gland secretion, removal of fats from intact feathers did not significantly alter feather reflectance, indicating that fat quill secretion when present in quantities as applied by the birds does not noticeably affect plumage reflectance. Therefore we conclude that the potential for the fat quill secretion to modify plumage colour appears limited at best, and other functions, such as antibiotic defense against feather-degrading bacteria, should be considered.

Restricted Access

Edited by Armin von Bogdandy, Anne Peters and Rüdiger Wolfrum

Restricted Access

Edited by Anne Peters, Evelyne Lagrange, Stefan Oeter and Christian Tomuschat

The law of immunity of states, of international organisations, and of public officials is one of the most important and most controversial topics of international law. The book consists of five parts: ‘State Immunity – National Practice’; State Immunity before the ICJ – The case Germany v Italy; ‘Commercial Activities and State Immunity’; ‘Immunity and Impunity’; and ‘Immunities of International Organisations’.
Although immunities are in principle firmly anchored in international law, their precise legal implications are often unclear. The book takes up a number of new trends and challenges in this field and assesses them within the framework of global constitutionalism and multilevel governance.

Contains chapters in both English and French.