Resource
2009 EN
Emily Jane Davis
Clayoquot sound is well known in British Columbia for its temperate rainforest, as home of the Nuu-chah-nulth peoples, and for its “war in the woods” over land use and logging practices. It has been inscribed in the imaginations of British Columbia and the world as an old-growth treasure, a culturally modified landscape, a site of conflict, a tourism destination, and an object of research. Today, its people and ecosystems continue to navigate a shifting terrain of committees, meetings, panels, and programs, constantly redefining the meaning of their place and defining where its future might lie. Such activities produce stories of change enacted by many characters. One story little told among the others is that of the Long Beach Model Forest (lbmf), a federally funded experiment based in Clayoquot. In 1993, the Long Beach project began as one of ten sites across the country intended to provide working models of sustainable forestry in each of the major “forest regions” of Canada.2 Direction and sponsorship for this Model Forest Program came from Natural Resources Canada and Forestry Canada.3 While the nine other model forests were funded for three fiveyear periods from 1993 to 1998, 1998 to 2002, and 2003 to 2008, the lbmf was “cancelled,” or ceased to exist, after 2002. Local newspapers chalked up the death of the model forest to internal structural issues, infighting, and an inability to meet federal expectations.4 Like other Clayoquot stories, this one had its share of controversy and disappointments. Unlike the stories of 1993, when thousands massed in the Sound to protest
Journals
2009 EN
Judith Rowbotham · Michael Kandiah · Lorie Charlesworth
Journals
2009 EN
Anees Ahmed · Merryn Quayle
Article based on a lecture made at the Institute of Advanced Legal Studies on January 28, 2008 considering war crimes and the role of international tribunals and international criminal court. Article by Anees Ahmed and Merryn Quayle published in Amicus Curiae - Journal of the Society for Advanced Legal Studies. The Journal is produced by the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies, University of London.
Journals
2009 EN
J. Frydryšková
Following the massive destruction of Hiroshima and Nagasaki in the end of Second World War, the atom was generally taken to be the primary symbol of the new era, the so-called ‘atomic age’, a prototypical modern conjuncture forever oscillating between the agonies of mass death and standardized terror, and the euphoria of tremendous economic transformation through the permanent resolution of the ever increasing need for electrical energy at little or no cost. After Hiroshima the symbolic meaning and presence of the atom crossed and recrossed the lines between popular culture, lived experience, political protest, strategic discourse, modern design, industry, medicine, and agriculture, that it truly became ‘atomic age’ whether one was in the US, France, China or anywhere else.
Journals
2009 DE
Martin Wallraff
Zusammenfassung Ausgehend von der Frage, ob die christliche Festkultur schon von Anfang an ein konstituierendes Element des Christentums war, begibt sich der Autor auf einen historischen Rundgang der Feste zum Jahreswechsel seit dem vierten Jahrhundert bis heute. Er beschreibt das Ringen zwischen zivilen (römischen) und christlichen Einflusssphären, um den „richtigen“ Termin des Jahreswechsels. Während die Kirche seit dem vierten Jahrhundert einen Termin abseits des 1. Januar zu etablieren versucht, zeigt die heutige Praxis, dass sich dieser Festtermin kulturell durchgesetzt hat. Erst durch die moderne bewusst christliche Reflexion auf den Jahreswechsel, scheint sich dieser Widerstreit aufzulösen.
Journals
2009 EN
Filimon Peonidis
Download this article . Filimon Peonidis is Assistant Professor of Moral and Political Philosophy at the Aristotle University of Thessaloniki. He participates in a project on Bentham's involvement in the Greek War of Independence funded by the Hellenic Parliament Foundation for Parliamentarianism and Democracy.
Journals
2009 EN
Ali Adnan AlFeel
The creation of the Iraqi Special Tribunal in December 2003 by Iraqi authorities who were at the time under the legal occupation of the Coalition Provisional Authority marked the emergence of a new form of internationalized domestic tribunals. The Iraqis succeeded in incorporating the full range of modern crimes into their domestic codes alongside some carefully selected domestic offenses, while amending domestic procedural law in some key ways to align the process with established international law related to the provision of full and fair trials. The subsequent investigations and the beginning of trial proceedings generated major debates about the legitimacy of such a domestic forum within the context of human rights norms and the law of occupation. In particular, there was a major strand of thought from outside Iraq that the most legitimate and appropriate forum would have been an international process under the authority of the United Nations. This article examines the arguments made by the Iraqis who demanded a domestic process based on their inquisitorial model, setting them in the broader context of the emerging trends in international criminal law. Through a detailed and unique analysis of the provisions of human rights law and underlying Iraqi procedural law, it criticizes the arguments made by some that assume the illegitimacy of the tribunal under established international norms. The article provides the most detailed explanation of the law of occupation as it emerged following World War II to conclude that the establishment of the Tribunal as an independent court, and its subsequent validation by sovereign Iraqi domestic authorities, was completely valid and proper. The overarching theme of the article is that the imposition of artificial standards and the complete revocation of the preexisting Iraqi judicial structures would have created a process deemed wholly illegitimate by the Iraqi people and judiciary that would have undermined the establishment of the rule of law in Iraq. The author’s personal interactions with the judges serve to support the conclusion that the Tribunal is capable of serving as the doorway through which the detailed body of international criminal law is introduced to the broader Arabic speaking world.
Yijun Institute of International Law
Journals
2009 EN
Abdul Hamid
Islamic international law is a branch of the Shari’ah (Islamic law). Due to the classical doctrine of the notion of‘ Jihad,’there have been misconceptions and Islam has been painted as a religion encouraging violence and war. This paper appeals for the reconsideration of the classical doctrine, which was adopted at a time when there was a state of war between Islamic and non-Islamic states. Going back to the roots and referring to the Qur’an and the Sunnah: the two primary sources of Islamic law, the paper argues that Islam prohibits aggressive war and that the essence of‘ jihad’ is‘ self-defense.’After elaborating the essential conditions of the right of self-defense, the paper concludes that Islamic international law can contribute much to the present world order by providing moral and ethical values that modern international law is lacking.
Yijun Institute of International Law
Journals
2009 EN
Young-Koo Kim
The Northern Limit Line ( “NLL”) refers to the maritime demarcation line on the Yellow Sea between North and South Korea. As a unilateral act, the United Nations Command ( “UNC”) set this line right after the end of the Korean War which took place from 1950 to 1953. It was the critical cause of heated debates on setting the military demarcation line on the sea area in the course of armistice negotiation. Although the two sides could not come to a decision on the maritime ceasefire line, the parties agreed in Article 2, Section 15 of the Korean Armistice Agreement which states that: “[a] opposing naval forces shall respect the waters contiguous to the De-militarized Zone and to the land area of Korea under the military control of the opposing side.”1 Accordingly, the sea demarcation would be delineated following the land demarcation line, virtually ignoring the prevailing authority of UN Forces in both air and sea. This can be seen as the result of the negotiation tactics put forward by the North. To implement the 481
Yijun Institute of International Law
Journals
2009 EN
Arpita Saha
Yijun Institute of International Law