Documents found
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3801.More information
This article seeks to present a theoretical framework to interpret the evolution and practice of international law through systemic constraints and situational hazards related to the capitalist mode of production. More specifically, our argument is that in Capital, Marx greatly emphasized that the purpose of the capitalist mode of production is the generation of profits for the capitalist class. However, one of his most controversial theses is what Marx called the “law of the tendency of the rate of profit to fall”, which, due to the historical modification of the organic composition of capital, results in steadily decreasing the rate of profit to a level insufficient in order to guarantee the accumulation of capital and the survival of capitalism. This law, however, is counterbalanced by “opposing influences” that result in the reverse effect of increasing this rate and maintaining it at a sufficient level in order to ensure the survival of capitalism. Even if this law is subject to controversy and will not be considered in this article, the opposing influences will constitute the core of its conceptual framework. This article divides the postwar period into four sub-periods that are characterized by different average rates of profit at the international level, and then proceeds to present a historical interpretation through which we will put in correlation and analyze the interrelation between two different historical backgrounds (the evolution of rates of profit and of international law). We will explore whether international law was influenced by the evolution of rates of profit, and as such created institutions or practices whose objective is to favour the opposing influences to the decrease of rates of profit.
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3802.More information
The article offers a critique of the judgment of the International Court of Justice (ICJ) on the jurisdictional immunity of the State delivered on 3 February 2012. Opposing the Federal Republic of Germany to Italy, the case concerned Germany's immunity before the Italian courts following the perpetration of grave violations of international humanitarian law by the German Reich against Italian and Greek citizens during World War II. The ICJ decided the case in favour of Germany, the majority of the Court stating that the Republic of Italy had violated its obligation to respect the immunity recognised to Germany under international law. We first introduce the rule of State immunity. We then describe the facts of the case, the arguments of the parties and the Court's decision. A two-part analysis of the judgment follows: first, de lege lata, we argue that the majority judgment is founded on a positivist approach reflecting the current state of customary international law as concerns state immunity; second, de lege ferenda, we query whether violations of norms of jus cogens should give rise to an exception to State immunity, when no alternative remedies are available to the victims. Finally, we believe that it is unlikely for such an exception to emerge in the foreseeable future in view of current State practice, and that the ICJ judgment could slow down, or even ossify, any evolution of the law on the subject. With this article, we wish to pay tribute to Professor Jacques-Yves Morin, whose classes inspired us to pursue an academic career in international law.
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3803.More information
This article examines the evolution of the institution of the trust from its inception in the Middle Ages, associated with the development of English law, to its use in the field of international law, in particular in international environmental law, mainly through environmental trust funds used to finance the adhesion of developing countries and transition economies to higher standards of environmental protection. In this context, the most remarkable example, the Global Environment Facility, corresponds to a special type of trust whose ultimate beneficiaries are the international community and the future generations.
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3805.More information
This paper proposes an approach in three times. At first, a theoretical and spatialised reflection on social acceptance makes it possible to clarify the use of the term and to distinguish it in particular from acceptability. Social acceptance is the context in which the tensions of actors take place: it is developed from the moment the actors have defined and stated the conditions of acceptability. Mediocre, it explains the reluctance of some of them to enter into the so-called virtuous contractual processes. In a second part, the paper focuses on the results of the municipalities' membership to the charters of the three French alpine national parks. By focusing more on the Vanoise National Park, a third moment allows to interpret the results of the votes of the municipal councils on this scoping document, 15 years of particularly heavy and long construction. In the end, the charter to gain the social acceptance of national parks born and raised in the opposition only revived the latter in the case of the Vanoise, while the Ecrins and the Mercantour managed in two steps to obtain membership. Analyzing the postures of local politicians and the arrangements under way to carry out this document around which negotiations (and forms of participation) are supposed to improve social acceptance, the article draws a scene of debates in which these actors arrange themselves with space and spatialize their compromises.
Keywords: Parc national, France, Alpes, acceptation sociale, charte, conflit, scène, débat, acteur, politique, National Park, France, Alps, social acceptance, charter, conflict, scene, debate, actor, politics
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3807.
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3808.
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3809.