Global Climate Change and the Fragmentation of International Law

Born into the wider body of international law, the climate regime needs to be understood in light of preexisting regimes. By drawing on the current debate about fragmentation in international law, this article highlights challenges for international lawyers and policymakers in navigating the relationship between the climate regime and the biodiversity regime, and the relationship between the climate regime and the multilateral trading system. This article concludes that a narrow focus on conflicts misrepresents the multifaceted nature of climate change and precludes an adequate jurisprudential understanding of the relationship between the climate regime and other regimes. An improved understanding, particularly with respect to interactions with the biodiversity regime, requires a broadening of the debate that takes account of the institutional aspects of these relationships that may allow enhanced political cooperation and coordination. Further, international law, and in particular the emerging concept of systemic integration, has the potential to make a positive contribution to the climate‐trade interplay.     

Law‐Linked Justice and Existence‐Linked Justice

Abstract. Justice as a manifestation of “the just” is an evasive concept. On the one hand there is the law, an operation run by professionals. On the other hand there are the citizens the law is meant for. Generally speaking the law strives for justice. But the law has to protect many different interests and must work through legal devices. Therefore the justice that emerges from it is necessarily a legal compromise. For the citizens the legal rules are a given reality. Generally they will agree that the law is there to achieve justice but legal arguments that justify a rule or decision cannot have the same value for them. In cases that affect them personally, justice will be a personal, existential experience, which may be incompatible with legal justice. It is hard to keep these two forms of justice under one roof. In order to make this easier this paper proposes a conceptual split between “law‐linked justice” and “existence‐linked justice.” It is argued that the law cannot in truth to its rational origin ignore the citizens’ experience of justice, out of the ordinary as they may be.     

Chile's (Inter)National Identities: Framing the Relations with Bolivia and Peru

National identities play a significant role in Latin American international relations. They affect the ways in which policy‐makers view themselves and others, as well as influencing the ways in which their policies are ‘received’ abroad. In this way, identities create opportunities and constraints for foreign policy‐making, framing the relations between Latin American countries. The author argues that, since 1990, three main patterns of Chilean identity recently affected the country's relations with its northern neighbours Bolivia and Peru: a ‘neoliberal identity’, a ‘legalistic identity’ and a ‘progressive identity’. These three patterns of identity have created opportunities for cooperation as well as causes for conflict.     

National parliamentary control and voting in the Council of the European Union

This article explores the different ways governments express dissent in the Council of the European Union (EU) through ‘No’ votes, abstentions and recorded negative statements. A game-theoretical model is presented that studies voting behaviour and analyses how the national parliaments’ levels of control over their governments’ EU policies affect it. It is concluded that governments that are strongly controlled by their parliaments are not more likely to express dissent. However, when they do express dissent, they vote ‘No’ more often. Parliamentary control depends on the presence of formal oversight institutions as well as the motivation of parliamentarians to hold their governments accountable. Empirical support is found in an analysis of votes on 1,387 legislative proposals that represent more than a decade of Council decision making in the period 2004–2014. This article contributes to the discussion on the involvement of national parliaments in EU affairs, and clearly distinguishes the different forms of dissent in Council decision making.     

FRAGMENTED OR CONNECTIVE PROFESSIONALISM? STRATEGIES FOR PROFESSIONALIZING THE WORK OF STRATEGISTS AND OTHER (ORGANIZATIONAL) PROFESSIONALS

Many professionals, especially organizational ones (managers, controllers, strategists), face difficulties in organizing their professional fields. Work ambiguities and dependencies on outsiders make it difficult to set homogeneous standards and shelter occupational domains. Professionalism tends to be fragmented. It is questionable, however, whether professionalization is a matter of either enforced regulation or fragmented regulatory forms. More connective forms of professional control might enable groups to establish professional domains, despite ambiguities and dependencies. In order to understand professionalization dynamics in public domains and the relevance of connective professionalism, we study the development of one particular field, strategists in government. We show that the professionalization of Dutch strategists is fragmented: strategists are a varied and mobile group; they have different ideas about work; they depend on many other actors and factors. We also show that strategists opt for either more enforced forms of professionalism, or less professional control. Finally, we show how they might establish connective professionalism. By enacting embedded work spaces, strategists can reconfigure their work. This is also relevant for other (organizational) professionals.     

Opening Pandora's Box: Protecting Children Against Torture or Cruel,Inhuman and Degrading Treatment or Punishment*

Children are rarely perceived as torture victims, although they may be easier targets. International inertia is compounded as not only torture, but also ‘other cruel, inhuman or degrading treatment or punishment’ is prohibited. Some of these occur in the private sphere, which traditionalists erroneously assume outside of international human rights law. Children may also be unprotected because they suffer from trauma in different ways from adults. Jurisprudence of human rights fora based principally on adult victims, despite some dicta to the contrary, risks international standards being inappropriately applied to child victims. This promotes an analysis which fails to address the particular vulnerabilities of children and their role as social actors.