Editors’ Message
It has been called the “aggregate customs of many nations”—changing, adapting and developing over time to reflect international norms. From its formal birth in the theories of Hugo Grotius in the 17th century, international law has played a growing role in the global arena. In the 21st century, we are once again reminded of the value of International Law as a potential tool to solve some of the world’s most pressing problems. As the world faces a multitude of challenges, including gross human rights violations, regional instability, international terrorism, the proliferation of nuclear arms, the threat of climate change and a global economic crisis, the question is raised: how can international law provide guidance in addressing these issues? Accordingly, the Spring 2009 issue of Perspectives on Global Affairs is focused on the many facets of International Law.
In response to our call for papers, PGI was honored to receive a number of submissions on a wide range of topics. One subject that has been at the forefront of current debate is the environment. Therefore, the issue opens with a piece by Center for Global Affairs (CGA) graduate Briony MacPhee entitled “A New Form of Environmental Justice? The Environment’s Evolving Status as a Rights-bearing Entity.” In this submission, the author proposes a new conceptualization of “the environment” as an entity with intrinsic rights, rather than as an entity whose preservation is important only in the context of its implications for the survival of the human race.
The next two articles, “Political Constraints on International Criminal Law” by Kyra Hild and “Just Another Cold War Relic? The Fading Significance on the Non-Proliferation Treaty” by Kenneth Duvall, further explore the theoretical background of international law, as well as the mechanisms—such as treaties and conventions—that make up its foundation. Ms. Hild discusses the political constraints that can hinder the achievement of the core objectives of international criminal law. Mr. Duvall presents an argument for replacing the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) with a new document that reflects the changes in the international system since the end of the Cold War.
The Spring 2009 issue then turns to examinations of specific case studies involving International Law. The first, “Transitional ‘Truths’—Dealing With the Past in Bosnia and Herzegovina” by CGA alumna Kip Bastedo, looks at how international and domestic courts, as well as grass-roots programs focused on healing, have helped that society recover and rebuild in the aftermath of its civil conflict in the early 1990s. Next, another CGA graduate, Alex Paulenoff, in “The Aegean Sea Continental Shelf Dispute: Greek and Turkish Interpretations,” examines how the Law of the Sea has been used in an attempt to resolve a long-running disagreements between Greece and Turkey.
The issue concludes with two insightful interviews with scholars and practioners in the International Law field. PGI editor Florence Au discusses the Law of the Sea and its implications for the increasing problem of piracy off Somalia’s coast with Michele Ameri, the Ocean Affairs/Law of the Sea Officer at the United Nations Office of Legal Affairs’ Division for Ocean Affairs and the Law of the Sea. Finally, PGI editor in chief Jennifer Dunham speaks with New York University’s Dr. Sylvia Maier about her work on exposing and combating the phenomenon of honor killings within diaspora communities in Western Europe.
The editorial board of Perspectives on Global Issues would like to thank the contributing authors for their insights on the theory and practice of international law. We hope this issue ignites a lively debate about the expanding and often contentious field of International Law.
Thank you,
Jennifer Dunham
Kristy Crabtree
Lori Sims
Florence Au
Karen Duncan
Tamar Kherlopian
Brianna Lee
Dan Logue
