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Article

Torture  

S. Megan Berthold

Although state-sponsored torture violates human rights and international law, it is a widespread practice worldwide. The effects are profound and extend beyond the targeted individual. This entry will explore the debate surrounding different definitions of torture and examine who is targeted for torture and why, as well as the wide range of effects of torture on individuals, families, and communities. Factors that contribute to the resilience of torture survivors will be identified. The various roles that social workers can play with this population will be outlined and common assessment and intervention approaches utilized by social workers with torture survivors will be discussed.

Article

The gradual development of national copyright laws during the 18th and 19th centuries resulted in quite different and culture-specific understandings of the nature and scope of protection provided for literary and artistic works. The lack of international standards of regulation meant that literary works could be freely reprinted, translated, and appropriated abroad. As a result of the increasing internationalization of literature, bestselling authors of the 19th century began to call for a universal copyright. Their activism proved an important catalyst of the first international copyright treaty, the Berne Convention, signed in 1886 by ten nations. The Berne Convention has since been revised many times and is currently ratified by over 170 signatories. In its current form, it grants relatively strong rights to authors who produce works that can be categorized as “originals.” It determines the minimum standards of protection which bind the national legislation of its member states, for instance by setting the minimum length of copyright protection at fifty years from the death of the author. The development of international copyright agreements since the latter half of the 20th century has resulted in a network of mutually reinforcing treaties and an increased awareness and control of copyrights on a global scale. At the same time, such treaties and the national laws they govern can offer only partial solutions to the multiple conflicts of interest relating to the uses of literary works beyond their countries of origin. The main concerns of the 19th-century authors who lobbied for universal copyright are still relevant today, albeit in somewhat different forms. With the advances of technology that allow for effortless storing and distribution of works in digital form, and given the economic gap between content-producing industrialized countries and the less-developed countries that use that content, book piracy still exists and is often a symptom of a dysfunctional or exclusive local market environment. In addition to the abolition of piracy, another core concern for the Berne Convention was the regulation of translation rights. The treaty divides the copyright in translated works between authors of originals and translators, which challenges the notion of originality as the criterion for protection since translations are by necessity derivative. The division of authors into two groups meriting different types of protection is further complicated by the rise of the so-called “born-translated literature” which effectively blurs the distinction between originals and translations. The international framework of copyright has harmonized many aspects of copyright, yet left others unregulated: appropriations, such as parody, have proven problematic in an international setting due to differences in how national laws justify the existence of derivative and transformative works. International copyright thus remains an oxymoron: it is promulgated in and through national laws, and the disputes are settled in national courts although literature, especially translated literature, has multiple countries of origin and is increasingly distributed by international booksellers to a potentially global audience.

Article

Conservation and sustainable use of biodiversity have been in the center of policy creation for half a century. The main international biodiversity conventions and processes include the Convention on Biological Diversity (CBD) and its protocols, the Convention on Trade in Endangered Species of Wild Fauna and Flora (CITES), the Convention on Wetlands of International Importance (Ramsar Convention), the World Heritage Convention (WHC), the Convention on Conservation of Migratory Species of Wild Animals (CMS), the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA), the International Plant Protection Convention (IPPC), the Commission on Genetic Resources for Food and Agriculture (CGRFA), and the International Convention on the Regulation of Whaling (ICRW). The governance of marine biodiversity in areas beyond national jurisdiction (BBNJ) is also discussed, as political focus has shifted to the protection of the oceans and is expected to culminate in the adoption of a new international convention under the United Nations Convention on Law of Seas (UNCLOS). Other conventions and processes with links to biodiversity include the United Nations Convention to Combat Desertification (UNCCD), the United Nations Framework Convention on Climate Change (UNFCCC), and the United Nations Forum on Forests (UNFF). Despite the multitude of instruments, governments are faced with the fact that biodiversity loss is spiraling and international targets are not being met. The Earth’s sixth mass extinction event has led to various initiatives to fortify the relevance of biodiversity in the UN system and beyond to accelerate action on the ground. In face of an ever more complex international policy landscape on biodiversity, country delegates are seeking to enhance efficiency and reduce fragmentation by enhancing synergies among multilateral environmental agreements and strengthening their science−policy interface. Furthermore, biodiversity has been reflected throughout the 2030 Agenda on Sustainable Development and is gradually gaining more ground in the human rights context. The Global Pact for the Environment, a new international initiative that is aiming to reinforce soft law commitments and increase coherence among environmental treaties, holds the potential to influence and strengthen the way biodiversity conventions function, but extensive discussions are still needed before concrete action is agreed upon.

Article

The education of children and young people with disabilities and the appropriate form this should take is an issue with which countries across the world are grappling. This challenge has not been assisted by the diverse interpretations of “inclusion” within and between States. The international community, in the form of the United Nations (UN), its associated treaty bodies, and its related agencies have taken on an increasingly critical role in working with countries to develop some kind of global consensus on how inclusion should be defined, its core features, and what it should look like in practice. The conclusions of discussions on these issues have emerged in the form of declarations, treaties, general comments, and guidelines, which countries across the world are expected to adhere to, to varying extents. Together, these constitute a set of international policies and benchmarks on inclusion in an educational context, informing and shaping contemporary national policy and practice. At its core is the underlying principle that children and young people with disabilities have a fundamental right to education without discrimination. Examination of international discourse on inclusion indicates that its meaning, form, and content has become more refined, with increasing emphasis being placed on the quality of inclusive practice as opposed to merely questioning its merits.

Article

The African, Caribbean, and Pacific (ACP) Group of States is an intergovernmental organization established by the Georgetown Agreement in June 1975, and it consists of 79 countries across three continents. This heterogeneous cluster of countries, originally bound by their colonial ties with the member states of the European Union (EU), came together out of the need to form a common front in the negotiations of the first ACP–EU partnership. The spirit of the Lomé Convention (1975–2000), initially considered a very progressive model of North–South cooperation, gradually evaporated; thus, the Cotonou Agreement (2000–2020), with its profound changes in the areas of aid and trade, was an attempt to normalize relations between the two blocs. The overall patchy record of the various ACP–EU partnership agreements and a number of events—notably, decreased interest within the EU, intensification of regionalization dynamics in the ACP Group, and adoption of separate strategies for cooperation with African, Caribbean, and Pacific countries and regions—cast doubts upon the relevance of the ACP–EU framework and threatened the existence of the ACP Group. Unsurprisingly, the launch of the negotiations in September 2018 for a new ACP–EU partnership was not without difficulty. While there are no doubts that the ACP Group has intrinsically been linked to the EU, at the same time it should be noted that it has attempted to promote intra-ACP cooperation, although with mixed successes at best, and to strengthen its presence in the international arena and diversify its partnerships, also in this case with limited results. Indeed, despite various pledges to support the principles of unity and solidarity, the effectiveness of the ACP Group has been compromised by the interplay of a plurality of interests, limited financial resources, and a perceived delinkage of the Brussels-based institutions from ACP national capitals. The revision of the Georgetown Agreement in December 2019, including the transformation into the Organisation of the African, Caribbean and Pacific States (OACPS), is an attempt to reinvigorate the ACP Group, with stronger emphasis on financial sustainability, joint action for the pursuit of multilateralism, and, importantly, increased autonomy from the EU.

Article

Elina Morozova and Yaroslav Vasyanin

International space law is a branch of international law that regulates the conduct of space activities. Its core instruments include five space-specific international treaties, which were adopted under the auspices of the United Nations. The first and the underlying one—the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (Outer Space Treaty)—establishes that outer space is free for exploration and use by all states. Such fundamental freedom is exercised by a number of space applications that have become an integral part of modern human life and global economy. Among such applications, satellite telecommunications is the most widespread, essential, and advanced. Indeed, since 1957 when the Soviet Union launched Sputnik 1, the first artificial satellite merely capable of continuous beeping during its 21-day trip around the globe, space technologies have progressed in leaps and bounds. Cutting-edge satellite telecommunications methods ensure instant delivery of huge amounts of data, relay of real-time voice and video, broadcasting of radio and television, and Internet access worldwide. By transmitting signals over any distance telecommunications satellites connect locations everywhere on Earth. A telecommunications satellite’s lifetime, starting from the launch and ending at de-orbiting, is governed by international space law. The latter considers satellites as “space objects” and regulates liability, registration, jurisdiction and control, debris mitigation, and touches upon ownership. Therefore, the first large group of international law rules applicable to satellite telecommunications includes provisions of three out of five UN space treaties, specifically, the 1967 Outer Space Treaty, the 1972 Convention on International Liability for Damage Caused by Space Objects, and the 1976 Convention on Registration of Objects Launched into Outer Space, as well as several UN General Assembly resolutions. To carry out a communication function, satellites need to be placed in a certain orbit and to use radio-frequency spectrum, both limited natural resources. Access to these highly demanded resources, which are not subject to national appropriation and require rational, efficient, and economical uses in an interference-free environment, is managed by the International Telecommunication Union (ITU)—the UN specialized agency for information and communication technologies. The ITU’s core regulatory documents are its Constitution, Convention, and the Radio Regulations, which collectively make up another group of international law rules relevant to satellite telecommunications. Both groups of international law rules constitute the international legal regime of satellite telecommunications and face the challenge of keeping pace with technology advancement and market evolution, as well as with a growing number of states and non-state actors carrying on space activities. These tangible changes need to be addressed in the regulatory framework that cannot but serve as a driver for further development of satellite telecommunications.

Article

Persons with disabilities, the world’s largest minority group, have experienced oppression and have been excluded from participating in public affairs for most of human history. The United Nations Ad Hoc Committee on a Comprehensive and Integral International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities arguably represents a turning point in the voice persons with disabilities have in the formation and implementation of international and domestic laws and policies. The Ad Hoc Committee realized the clarion call “nothing about us without us” both during the debates and in the formation of a convention that continues the voice of persons with disabilities and their representative bodies in the early 21st century.

Article

Dániel Z. Kádár

Politeness comprises linguistic and non-linguistic behavior through which people indicate that they take others’ feelings of how they should be treated into account. Politeness comes into operation through evaluative moments—the interactants’ (or other participants’) assessments of interactional behavior—and it is a key interpersonal interactional phenomenon, due to the fact that it helps people to build up and maintain interpersonal relationships. The operation of politeness involves valences: when people behave in what they perceive as polite in a given situation, they attempt to enactment shared values with others, hence triggering positive emotions. The interactants use valenced categories as a benchmark for their production and evaluation of language and behavior, and valence reflects the participants’ perceived moral order of an interactional context/event, that is, their perceptions of ‘how things should be’ in a given situation. Thus, the examination of politeness reveals information about the broader in-group, social, and cultural values that underlie the productive and evaluative interactional behavior of individuals. As politeness is a social action that consists of both linguistic and non-linguistic elements and that embodies a social practice, the research of politeness also provides insights into the social practices that surround individual language use. Pragmatics-based research on politeness started in the late 1970s and early 1980s, and has become one of the most popular areas in pragmatics. The field has undergone various methodological and theoretical changes. These include the “first wave” of politeness research, in the course of which researchers either attempted to model politeness across languages and cultures by using universal frameworks, or engaged in culture-specific criticism of such frameworks. In the “second wave” of politeness research, researchers attempted to approach politeness as an individualistic, and often idiosyncratic, interactionally co-constructed phenomenon. A key argument of the second wave is that politeness can only be studied at the micro-level of the individual, and so it may be overambitious to attempt to model this phenomenon across languages and cultures. In the “third wave” of politeness research, scholars attempt to model politeness across languages and cultures, without compromising the endeavour of examining politeness as an interactionally co-constructed phenomenon. Key phenomena studied in politeness research include, among others, impoliteness, intercultural interaction, cross-cultural similarities and differences of politeness, the gendered characteristics of politeness behavior, and convention and ritual. Politeness research is a multidisciplinary field that is engaged in the examination of a wide variety of data types.

Article

Prior to the railroad age, American cities generally lacked reputations as tourist travel destinations. As railroads created fast, reliable, and comfortable transportation in the 19th century, urban tourism emerged in many cities. Luxury hotels, tour companies, and guidebooks were facilitating and shaping tourists’ experience of cities by the turn of the 20th century. Many cities hosted regional or international expositions that served as significant tourist attractions from the 1870s to 1910s. Thereafter, cities competed more keenly to attract conventions. Tourism promotion, once handled chiefly by railroad companies, became increasingly professionalized with the formation of convention and visitor bureaus. The rise of the automobile spurred the emergence of motels and theme parks on the suburban periphery, but renewed interest in historic urban core areas spurred historic preservation activism and adaptive reuse of old structures for dining, shopping, and entertainment. Although a few cities, especially Las Vegas, had relied heavily on tourism almost from their inception, by the last few decades of the 20th century few cities could afford to ignore tourism development. New waterfront parks, aquariums, stadiums, and other tourist and leisure attractions facilitated the symbolic transformation of cities from places of production to sites of consumption. Long aimed at the a mass market, especially affluent and middle-class whites, tourism promotion embraced market segmentation in the closing years of the 20th century, and a number of attractions and tours appealed to African Americans or LGBTQ communities. If social commentators often complained that cities were developing “tourist bubbles” that concentrated the advantages of tourism in too-small areas and in too few hands, recent trends point to a greater willingness to disperse tourist activity more widely in cities. By the 21st century, urban tourism was indispensable to many cities even as it continued to contribute to uneven development.

Article

The term genre refers to a set of thematically or stylistically similar popular cultural texts. Courtroom narratives form both movie and television genres, and criminal trials form subgenres. Each entry in the criminal subgenres contains a criminal trial and pits a prosecutor against a defense lawyer. This article discusses the genre conventions for these characters. Where the defense lawyer is a protagonist, the client is a co-protagonist. The client is either innocent or is being unjustly prosecuted. The defense lawyer, often presented in heroic terms, struggles to get the client acquitted (or the punishment reduced). The defense lawyer must overcome obstacles that the antagonist prosecutor places in the lawyer’s path. Defense lawyers are loners who are lacking in personal life or emotions. Perry Mason is the iconic genre defense lawyer. Where the prosecutor is the protagonist, the crime victim (or survivors of a deceased victim) are the co-protagonists. Prosecutors are relentless, honorable, and often politically ambitious. They must struggle to overcome obstacles erected by defense lawyers. Like defense lawyers, prosecutors lack a personal life or emotions. Jack McCoy on Law & Order is the iconic genre prosecutor. These generic conventions have become stale. Consequently, creators of pop culture products in the criminal courtroom subgenre employ genre-busting narratives that have refreshed the genre. Defense lawyers often work for clients they suspect are guilty and try to get them off through the use of technical defenses. Guilty clients deceive gullible lawyers into putting on cases with perjured testimony. If the client confesses guilt, the lawyer betrays the client to protect the public. Defense lawyers have personal lives, feelings, and emotions, and some are anti-heroes. Genre-busting prosecutors often have unpleasant personalities, and they don’t hesitate to bend ethical rules. As in the case of defense lawyers, prosecutors have inner lives and personal relationships. These genre-busters have destabilized the generic conventions and may well have established new conventions.

Article

Bernhard Schmidt-Tedd and Alexander Soucek

Space objects are subject to registration in order to allocate “jurisdiction and control” over those objects in the sovereign-free environment of outer space. This approach is similar to the registration of ships on the high seas and for aircraft in international airspace. Registration is one of the basic principles of space law, starting with the first space-related UN General Assembly (GA) Resolution 1721 B (XVI) of December 20, 1961, followed by UN GA Resolution 1962 (XVIII) of December 1963 then formulated in Article VIII of the Outer Space Treaty of 1967, and later specified in the Registration Convention of 1975. Registration of space objects has arguably grown into a principle of customary international law, relevant for each spacefaring state. Registration occurs at the national and international level in a two-step process. To enter and object into the UN Register of Space Objects, the state establishes a national registry for its space objects and notifies the UN Secretary General of all registered objects. The UN Register is handled by the UN Office for Outer Space Affaires (UNOOSA), which has created a searchable database as an open source of information for space objects worldwide. Registration is linked to the so-called launching state of the relevant space object. There may be more than one launching state for the specific launch event, but only one state can register a specific space object. The state of registry has jurisdiction and control over the space object and therefore no double-registration is admissible. Registration practice has evolved in response to technical developments and legal challenges. After the privatization of major international satellite organizations, a number of nonregistrations had to be addressed. The result was the UN GA Registration Practice Resolution of 2007 as elaborated by the legal subcommittee of the UN Committee for the Peaceful Use of Outer Space. The complexity of space activities and concepts such as megaconstellations present new challenges for the registration system. For example, the Registration Practice Resolution recommends that in cases of joint launches each space object should be registered separately. Registration of space objects is a legal instrument relevant for state responsibility and liability, but it is not an adequate instrument for space traffic management. The orbit-related information of the registration system is useful for identification purposes but not for real-time positioning information. Orbital data to allow positioning, tracking, and collision warnings need to respond to various requirements of accuracy.

Article

Anja Nakarada Pečujlić

The adoption and entering into force of the 1975 Convention on Registration of Objects Launched into Outer Space (also known as the Registration Convention) was another achievement in expanding and strengthening the corpus iuris spatialis. It was the fourth treaty negotiated by the member states of the United Nations Committee on the Peaceful Uses of Outer Space (UN COPUOS) and it represents a lex specialis to the Outer Space Treaty (OST), elaborating further Articles V, VIII, and XI of the OST. Article V OST deals with safe and prompt return of astronauts in case of distress or emergency landing to the state of registry of their space vehicle, which is then further defined in the Registration Convention. Article VIII OST only implied registration and provided for the consequences thereof, namely in respect of exercising jurisdiction and control over a registered space object. However, the Registration Convention specified the ensuing obligations and regulated the necessary practical steps of space objects registration. The Registration Convention also complements and strengthens Article XI OST, which stipulates an obligation of state parties to inform the secretary-general of the nature, conduct, locations, and results of their space activities in order to promote international cooperation. The prevailing purposes of the Registration Convention is the clarification of “jurisdiction and control” as a comprehensive concept mentioned in Article VIII OST. In addition to its overriding objective, the Registration Convention also contributes to the promotion and the exploration and use of outer space for peaceful purposes. Establishing and maintaining a public register reduces the possibility of the existence of unidentified space objects and thereby lowers the risk of putting, for example, weapons of mass destruction secretly into orbit. Notwithstanding these important objectives, the negotiation history of the Convention and its lower number of ratification compared to the previous three space treaties testify to the numerous challenges that surround registration. The mandatory marking of space objects was one of the most heated points of debate between member states during the drafting of the Convention in the 1970s. Member states had conflicting views, depending on whether they were launching states or potential victims of launch failures. Additionally, questions on whether there should be one central or several registers and whether the type of information to be registered should be obligatory or optional were also pivotal in the discussion. It took five years of negotiation for member states to reach compromises and to adopt the Registration Convention, containing 12 articles. The articles covered issues ranging from registration procedure and different registries to amendments and withdrawal from the Convention. In addition, the following novelties were introduced: a new definition on “state of registry” was included; the “Moscow formula” was abandoned as the depositary was moved to the UN; and the “in five years review” clause found in Article X signified that the drafters were anticipating that technological developments could have such an impact on the Convention’s provisions that shorter time span between reviews were required than in previous space treaties. Despite the Convention’s novelties and its objective to protect the attribution of jurisdiction and control on the basis of a registry, as well as to ensure the rights provided in the Liability Convention and the Rescue and Return Agreement by offering means to identify space objects, the articles dealing with joint launch registration and registration by Intergovernmental Organizations (IGOs) are seen as weakening jurisdiction and control concept. Due to the fact that jurisdiction and control stay only with the state of registry, the other launching states may only conclude appropriate agreements to retain any of these rights. Thus, international responsibility and liability remain with all the launching states, but jurisdiction and control only with the state of registry. Furthermore, in the case of an IGO, the IGO does not have the sovereign authority to exercise jurisdiction and control, thereby raising the question who could do so instead of or on behalf of an IGO. In this regard, the Convention leaves important areas unregulated. In the following years, there were proposals to expand the Registration Convention to encompass other subject matters such as financial interests of assets in outer space; however, up until today, these issues remain regulated only by the UNIDROIT Space Assets Protocol.

Article

Jacob Ørmen and Andreas Gregersen

In recent years, academics and pundits have taken great interest in the role of storytelling in journalism. The spread of rumors, misinformation, and disinformation in public discourse has intensified, as has the need to decipher the ways in which stories—fake or factual—work. Narratives play a key role in this process. Since time immemorial, stories have been structured in similar styles and around common themes to captivate audiences around the world. Scholars of the arts have for millennia debated what characterizes prototypical and universal stories. They have emphasized narrative elements, such as the organization of events into causal accounts, the choice of narrative perspective, the description of events as intentional actions, the casting of actors into character roles, and the fitting of those roles to types of story plots involving heroes and villains in conflict. News as a form of storytelling also follows conventional structures and organizing principles. As a result, narratives have also played a role in how journalism scholars and practitioners alike understand the particular genre of public communication that is news. The discussion of news as narratives can be approached from at least three perspectives: one emphasizes narratives as a set of conventions for telling any story; another approaches narratives as a particular genre of news reporting—that is, narrative journalism; and a third sees narratives as the core myths that circulate in our society through news, among other forms of communication. Increasingly, scholars also take an interest in how narrative elements affect the ways in which audiences perceive and engage with news.

Article

Nadine El-Enany and Eiko R. Thielemann

Forced migrations, as well as the related issues of refugees and asylum, profoundly impact the relationship between the countries of origin and the countries of destination. Traditionally, the essential quality of a refugee was seen to be their presence outside of their own country as a result of political persecution. However, the historical evolution of the definition of a refugee has gradually become more restricted and defined. Commentators have challenged the current refugee protection regime along two principal lines. The first is idealist in nature and entails the argument that the refugee definition as contained in the 1951 Refugee Convention is not sufficiently broad and thus fails to protect all those individuals deserving of protection. The second line of argument is a realist one, taking a more pragmatic approach in addressing the insufficiencies of the Convention. Its advocates emphasize the importance of making refugee protection requirements more palatable to states, the actors upon which we rely to provide refugees with protection. With regard to the question of how to design more effective burden-sharing institutions, the literature has traditionally focused on finding ways to equalize refugee responsibilities directly by seeking to equalize the number of asylum seekers and refugees that states have to deal with.

Article

Christopher Shaw

International climate negotiations seek to limit warming to an average of two degrees Celsius (2°C). This objective is justified by the claim that scientists have identified two degrees of warming as the point at which climate change becomes dangerous. Climate scientists themselves maintain that while science can provide projections of possible impacts at different levels of warming, determining what constitutes an acceptable level of risk is not a matter to be decided by science alone, but is a value choice to be deliberated upon by societies as a whole. Hence, while climate science can inform debates about how much warming is too much, it cannot provide a definitive answer to that question. In order to fully understand how climate change came to be defined as a phenomenon with a single global dangerous limit of 2°C, it is necessary to incorporate insights from the social sciences. Political economy, culture, economics, sociology, geography, and social psychology have all played a role in defining what constitutes an acceptable level of climate risk. These perspectives can be applied through the framework of institutional analysis to examine reports from the Intergovernmental Panel on Climate Change and other international organizations. This interdisciplinary approach offers the potential to provide a comprehensive history of how climate science has been interpreted in policy making. An interdisciplinary analysis is also essential in order to move beyond historical description to provide a narrative of considerable explanatory power. Such insights offer a valuable framework for considering current debates about whether or not it will be possible to limit warming to 2°C.

Article

Karen M. Staller

Children's rights can refer to moral rights—basic human rights regardless of age or station—and legal rights, those awarded based on chronological age or level of maturity. They are conceptualized in three categories: protection rights (the right to be free from harm and exploitation), provision rights (the right to have their basic needs met), and participation rights (the right to have a say). Children's rights can conflict with family autonomy, and state intervention is based on the common law doctrine of parens patriae. The UN's Convention on the Rights of the Child is the most comprehensive statement of children's rights to date.

Article

Maryann Syers

Edward Miner Gallaudet (1837–1917) founded the Columbia Institute for the Deaf and Dumb in Washington, DC, to provide college-level education for deaf people and was president of the Convention of American Instructors of the Deaf from 1895 until 1917.

Article

John Quincy Adams was one of the most significant statesmen-intellectuals of the Early American Republic. Highly intelligent, well-traveled, and massively educated, Adams was a Christian nationalist who believed that the American Republic was destined to be a shining example of democracy and liberty to the rest of the world. He was profoundly influenced by his parents, John and Abigail, and embraced his father’s political philosophy which was rooted in a written constitution and a strong three branch government constrained by checks and balances. Adams served as US minister to several European nations before becoming secretary of state in 1817 and then the sixth president of the United States in 1824. He began life as a Federalist but strongly supported the foreign policies of the Jefferson and Madison administrations. The three pillars of his foreign policy were neutrality toward Europe, continental expansion, and hemispheric hegemony. Adams chaired the US delegation that negotiated the Treaty of Ghent in 1814 and was the driving force behind the Convention of 1818 and the Transcontinental Treaty of 1819. Adams partnered with President James Monroe in formulating the Monroe Doctrine in 1823, which canonized the principles of the two hemispheres including European non-colonization in the Western hemisphere and US non-interference in European affairs. Domestically, Adams was a relentless exponent of the American System in which the federal government would fund a system of internal improvements—turnpikes, canals, ports—that would create a national market and bind the various regions together by means of a national economy. In this, he was disappointed in part because he had the misfortune to be president when Jacksonian democracy was taking hold in America and distrust of the federal power was growing. Defeated for re-election by Andrew Jackson in 1828, Adams briefly retired from public life but then accepted election to the House of Representatives in 1830 where he served until his death in 1846. In the House, he proved to be an avid opponent of the further extension of slavery into the territories, and ironically, of further continental expansion. He became convinced that a civil war was inevitable but held abolitionists at arm’s length because of their rejection of the Constitution as a means to achieve racial justice in America. Adams died with a deep sense of failure, believing that his earlier career as an expansionist had produced not an empire of liberty but an empire of slavery.

Article

Used for hundreds of years and adapted to a variety of contexts, arbitration is a form of adjudicative dispute settlement where parties consent to selecting third-party neutrals that resolve a specific dispute by applying the applicable law to the facts. Part of arbitration’s success involves its flexibility in adapting procedures and selecting applicable law to meet parties’ unique needs, including having some control over the appointment of an arbitrator who may have unique substantive expertise. Parties may agree to arbitration hoping to avoid the time-consuming, expensive, and complex process of litigation by streamlining or tailoring dispute mechanics. Yet, it is not empirically verifiable that arbitration always saves time and costs, as assessing relative savings requires comparison to a national court and there are over 190 national judiciaries to which arbitration could be compared, as well as nonadjudicative forms of dispute resolution like direct negotiation and mediation. As parties inevitably negotiate in the “shadow of the law,” arbitration aids the assessment of conflict management options; and, particularly internationally, arbitration remains a powerful tool that incentivizes voluntary compliance with awards and streamlines enforcement. Despite the availability of many types of arbitration with different policy considerations, the parties’ consent to it and their agreement to arbitrate (including the applicable law) is the backbone of this form of dispute settlement. Arbitration agreements require parties to make core choices, such as deciding on the scope of agreements submitted to arbitration, the legal place of arbitration, and applicable rules. Such an agreement then provides the framework for fundamental elements of the proceedings, namely, the basis of the tribunal’s jurisdiction and power over the dispute, the standards for appointing arbitrators, the structure and rules of the proceedings, and the content and form of derivative awards. Having a valid arbitration agreement (and an arbitration proceeding conducted in accordance with those legal obligations) also influences whether courts at the place of arbitration will set the award aside and whether courts at a place of enforcement will recognize and enforce an arbitration award. In the modern era, arbitration will continue evolving to address concerns about local policy considerations (particularly in national arbitration), confidentiality and ethics, technology and cybersecurity, diversity and inclusion, and to ensure arbitration is an ongoing value proposition.

Article

Robert Weiner

Genocide is described as the most extreme form of crime against humanity; Winston Churchill even called it the “crime with no name.” The word “genocide” was coined by Raphael Lemkin, a Polish lawyer who embarked on a mission to persuade the international community to accept genocide as an international crime under international law. In 1946, the first session of the United Nations General Assembly adopted a resolution declaring genocide as a crime under international law. This resolution became the basis for the Convention on the Prevention and Punishment of the Crime of Genocide, introduced in 1948. However, it would take another fifty years before the Genocide Convention would establish an International Criminal Court that would prosecute international war criminals. In the 1990s, special ad hoc tribunals were created for Yugoslavia and Rwanda to deal with international crimes such as genocide, crimes against humanity, and war crimes. In reaction to the failure of the international community to deal with genocide in Rwanda, a great deal of emphasis has been placed on the norm of “the Responsibility to Protect.” The Genocide Convention was tested in the case brought by Bosnia and Herzegovina against Serbia (originally Serbia and Montenegro) in 1993. It was the first time in history that a sovereign state was placed on trial for the commission of genocide. The implications and ramifications of the International Court of Justice’s ruling that the Serbian government did not commit genocide in Bosnia became a subject of considerable debate among legal scholars.