Controversial Aspects of Democracy in International Law
Sakkoulas, Thessaloniki, 2006
The focus of this paper, part of a larger project is the separation between the domestic and the international aspects of the political participation. The separation between the domestic and the international affairs is justified with political theory arguments(I) and foreign policy analysis doctrines(II). Finally it shows how the international legal theory attempts to overcome these contradictions(III).
Conception of Pluralism and International Law
Helene Ruiz Fabri, E. Jouannet, V. Tomkiewitz, eds., Oxford and Portland, Oregon,
The paper is an analysis of the concept, as defined by related fields such as anthropology, sociology, the theory of international relations and moral and political philosophy. This article is intented to open new avenues of research. Our conception of pluralism relies on applying Isaiah Berlin’s value pluralism theory to international law.
The International Law of Genetic Discrimination: The Power of ‘Never Again’
Therese Murphy, ed., Oxford University Press, 2009
The paper tackle to single out the genetic discrimination tacking into account our eugenic past as well as the fundamenatal principale of genetic discrimation as well as the right to everyone to enjoy scientific progress. It analysis the question of genetic privacy as well as the sensitive question of consent to use genetic datas. It deals with the relationship between international law and domestic law in the field of employement, insurance and criminal investigation. The last chapter deals with vulnerable people women,children, indigineous people and disabled people.
European Tradition and European Society of International Law: Some Remarks About Totalitarian Legacy
Baltic Yearbook of International Law, Brill, 2006
In order to attempt to answer some questions about the European Society of International Law that started its activity in 2003, we launched several hypotheses which can be only sketch in this article but which diverse a further deep analysis. We defined the recent European tradition on which the society relied as scarred in part by totalitarianism. Eastern Europe experienced communist totalitarianism, while Western Europe experienced reconstruction after the Holocaust and after World War II. This is why we preferred to use European law as a branch of the once united international law in order to support our arguments. We are going to show some of the communist international law characteristics and especially the distance between the theory and the practice the most difficult question to be understood within the communist regime. In their attempt to wipe off totalitarism European law has formulated some pertinent but partial answers to the nation state crisis. Until now, international law has not come with a plausible solution because it constantly refused to rely on theory. Another question refers to the deontological foundations of the society. The European international lawyers have to assert their intellectual vocation – as it has been defined since the Dreyfuss affair more forcefully. This means that they have to intervene actively in society, and to make public any flaw of the instated power.