Fragmentation and constitutionalisation of international law: a teleological inquiry

This thesis was submitted for the degree of Doctor of Philosophy and was awarded by Brunel UniversityThis dissertation examines the idea of constitutionalisation of international law in light of concerns of fragmentation. It focuses on the dynamic of fragmentation in the international legal system. It shows that arguments about constitutionalism do not represent a remedy to the phenomenon of fragmentation. Consequently, the dissertation advances arguments of integrity of international law. Further, the dissertation examines new developments in constitutionalisation practices that support a normative, teleological approach to constitutionalisation in the international legal system. The dissertation offers insights on both the autonomy of the concept of international constitutionalism and the idea of fragmentation as a universally recognised characteristic of modern international law. It offers recommendations on how to address charges of fragmentation in international law in light of the dominant conception of modern international law

The Use of International Law by the United Nations Security Council: An Empirical Framework for Analysis

In this article, Professor Rossana Deplano examines the strategic use of international law by the United Nations Security Council. Using an original database, which includes 611 resolutions adopted by the Security Council from 2004 to 2013, it provides a systematic analysis of Security Council\u27s behavioral patterns that may help determine significant selection preferences in the exercise of its powers under the United Nations Charter. The analysis shows that while reference to positive international law in the text of resolutions contributes to shaping the politics of the Security Council, current Security Council practice has little or no influence over the development of international law

Inclusive Space Law: The Concept of Benefit Sharing in the Outer Space Treaty

This  article  examines  the  legal  principles  governing  the  sharing  of  benefits deriving from the exploration and use of outer space. It shows that, over time, three strands of state practice have developed different understandings of the content of the obligation  contained  in  Article  I,  paragraph  1,  of  the  Outer  Space  Treaty.  While drawing parallels with other areas of international law, the article examines the role of equity in the structure of the obligation and evaluates the possibility of replacing considerations of equivalence with a proportionality test to facilitate the fulfilment of the benefit sharing obligation under the Outer Space Treaty.</p

Inclusive Space Law: The Concept of Benefit Sharing in the Outer Space Treaty

This  article  examines  the  legal  principles  governing  the  sharing  of  benefits deriving from the exploration and use of outer space. It shows that, over time, three strands of state practice have developed different understandings of the content of the obligation  contained  in  Article  I,  paragraph  1,  of  the  Outer  Space  Treaty.  While drawing parallels with other areas of international law, the article examines the role of equity in the structure of the obligation and evaluates the possibility of replacing considerations of equivalence with a proportionality test to facilitate the fulfilment of the benefit sharing obligation under the Outer Space Treaty.</p

Building Pragmatic Utopias: The "Other" Security Council, International Law and the United Nations Dream

(Introduction) Achieving perpetual peace is the biggest utopia ever conceived by mankind. The United Nations is the modern institution charged with the task of realizing such utopia: essentially, a world without war. Accordingly, Article 24 of the UN Charter establishes the Security Council as the institution in charge of maintaining international peace and security. However, the Security Council is often portrayed as a Leviathan: an institution above the law, unwieldy, biased and tremendously powerful. Yet seventy years after the creation of the United Nations, it is still up and running, and largely supported by member states

Using Concept Maps in Law Schools to Foster Meaningful Learning: Evidence from a Pilot Study

Despite its many applications in various higher education settings, concept mapping is not used for teaching predominantly theoretical subjects like Law. Given the peculiarities of learning legal subjects, this article discusses the benefits of using concept maps as a core component of an undergraduate curriculum in Law. Specifically, it presents evidence from a pilot study aimed at assessing the impact of concept mapping as a tool for enhancing deep learning on students enrolled on the compulsory Constitutional and Administrative Law module. An argument is made that utilising concept maps as an integral part of small group teaching activities may be effective in helping students shift the balance from predominantly rote learning to predominantly meaningful learning

Assessing the Role of Resolutions in the ILC Draft Conclusions on Identification of Customary International Law: Substantive and Methodological Issues

On 30 May 2016, the International Law Commission (ILC) adopted a set of 16 draft Conclusions providing a methodology on how to identify customary international law. Although largely based on the two elements approach set forth in Article 38(1)(b) of the ICJ Statute, the ILC study pushes the boundaries of the formal sources of international law beyond the realm of state practice by recognizing that the practice of international organizations (IOs) as such may be constitutive of custom. This article critically examines the ILC draft Conclusions concerning the role of IOs in the process of custom creation. It examines the concept of resolution adopted by the ILC and assesses the coherence of the interpretive methodology devised by the ILC using the UN General Assembly resolutions as a case study. The findings show that the draft Conclusions fall short of expectation in providing authoritative guidance to scholars and practitioners alike