Jure Vidmar
Biographic Data
| ID | 5795373 |
|---|---|
| NAME | Jure Vidmar |
| GIVEN NAMES | Jure |
| FAMILY NAME | Vidmar |
| SIGNATURE | VIDMAR J |
| AFFILIATIONS | Maastricht University |
| VERIFIED | No |
| TOTAL WORKS | 9 |
| TOTAL CITATIONS | 3 |
| WORKS AS AUTHOR | 9 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 2010 |
| LATEST PUBLICATION YEAR | 2023 |
| H-INDEX | 1 |
Democracies and Non-Democracies
At the end of the Cold War, Francis Fukuyama (1992) declared the end of history, Thomas Franck (1992) published his seminal work "The Emerging Right to Democratic Governance", and Anne-Marie (Slaughter) Burley (1992) was developing her theory of international law as law between liberal nations.In response, Susan Marks (2000), Brad Roth (1999), and other scholars expressed skepticism toward certain core tenets of such liberal-democratic interpreta…
The Use of Force as a Plea of Necessity
Article 2(4) of the UN Charter contains a general prohibition of the use of force. Articles 42 and 51 authorize departures from this prohibition in two circumstances: Security Council authorization and self-defense. These two circumstances are conceptualized as justifications. They provide for legally-warranted departures from the general rule. As a result, a justified use of force is not wrongful. Justifications are different from excuses where …
Democratic Legitimacy between Port-au-Prince and Cairo
In the 1990s, international legal scholarship was marked by democratic idealism and the belief that democracy had become the only legitimate political system. The more radical proposals even speculated about legality of pro-democratic intervention. Such re-conceptualizations of international law were met with determined criticism. However, even skeptical voices were willing to admit that democracy nevertheless did have some limited normative forc…
Conflicts between international paradigms
This article gives an overview of two competing paradigms in the practice of judicial organs for the resolution of norm conflicts, namely the paradigm of a human rights based hierarchy versus the paradigm of systemic integration or conflict avoidance. Judicial practice indicates that norm conflicts typically manifest themselves between human rights obligations on the one hand and other categories of international obligations on the other. Do judi…
Palestine and the Conceptual Problem of Implicit Statehood
The General Assembly has accorded to Palestine the status of a non-member observer State in the UN. Some commentators have taken the position that Palestine's legal status as a State has thus been confirmed. This article draws on historical examples to demonstrate that the status of non-member State is not necessarily granted only to States. The recent vote in the General Assembly, therefore, neither confirmed nor altered the legal status of Pale…
Explaining the Legal Effects of Recognition
Recognition in contemporary international law is generally seen as a declaratory act. This is indeed the only plausible explanation in situations where a new State emerges consensually and in the absence of territorial illegality. Unilateral secession and territorial illegality, however, create different legal circumstances in which the applicable rules of international law imply and even presuppose that (collective) recognition could have consti…
The Kosovo Advisory Opinion Scrutinized
In the Kosovo Advisory Opinion, the International Court of Justice took the position that Kosovo's unilateral declaration of independence did not violate any applicable rules of international law. This article does not dispute the final finding, but rather critically examines the Court's somewhat controversial reasoning and considers the added value of the opinion for the clarification of legal doctrine in relation to unilateral declarations of i…
The Right of Self-determination and Multiparty Democracy
This article is concerned with the relationship between the right of self-determination and the political system of multiparty democracy. It considers whether international law supports the view that operation of the right of self-determination requires a multiparty political system. It also questions the position that elections in a multiparty setting lead to an automatic realisation of the right of self-determination. The article shows that the…
Multiparty Democracy
Although multiparty elections are not explicitly required by international human rights instruments or the European Convention on Human Rights (ECHR), certain human rights provisions have been interpreted as leading to such a requirement. While a democratic interpretation of human rights law has been settled in the ECHR framework, it remains disputable at the universal level. Despite numerous references to democracy in the documents adopted in th…
The Kosovo Advisory Opinion Scrutinized
In the Kosovo Advisory Opinion, the International Court of Justice took the position that Kosovo's unilateral declaration of independence did not violate any applicable rules of international law. This article does not dispute the final finding, but rather critically examines the Court's somewhat controversial reasoning and considers the added value of the opinion for the clarification of legal doctrine in relation to unilateral declarations of i…
Explaining the Legal Effects of Recognition
Recognition in contemporary international law is generally seen as a declaratory act. This is indeed the only plausible explanation in situations where a new State emerges consensually and in the absence of territorial illegality. Unilateral secession and territorial illegality, however, create different legal circumstances in which the applicable rules of international law imply and even presuppose that (collective) recognition could have consti…
The Right of Self-determination and Multiparty Democracy
This article is concerned with the relationship between the right of self-determination and the political system of multiparty democracy. It considers whether international law supports the view that operation of the right of self-determination requires a multiparty political system. It also questions the position that elections in a multiparty setting lead to an automatic realisation of the right of self-determination. The article shows that the…
Multiparty Democracy
Although multiparty elections are not explicitly required by international human rights instruments or the European Convention on Human Rights (ECHR), certain human rights provisions have been interpreted as leading to such a requirement. While a democratic interpretation of human rights law has been settled in the ECHR framework, it remains disputable at the universal level. Despite numerous references to democracy in the documents adopted in th…
The Kosovo Advisory Opinion Scrutinized
In the Kosovo Advisory Opinion, the International Court of Justice took the position that Kosovo's unilateral declaration of independence did not violate any applicable rules of international law. This article does not dispute the final finding, but rather critically examines the Court's somewhat controversial reasoning and considers the added value of the opinion for the clarification of legal doctrine in relation to unilateral declarations of i…
Explaining the Legal Effects of Recognition
Recognition in contemporary international law is generally seen as a declaratory act. This is indeed the only plausible explanation in situations where a new State emerges consensually and in the absence of territorial illegality. Unilateral secession and territorial illegality, however, create different legal circumstances in which the applicable rules of international law imply and even presuppose that (collective) recognition could have consti…
Conflicts between international paradigms
This article gives an overview of two competing paradigms in the practice of judicial organs for the resolution of norm conflicts, namely the paradigm of a human rights based hierarchy versus the paradigm of systemic integration or conflict avoidance. Judicial practice indicates that norm conflicts typically manifest themselves between human rights obligations on the one hand and other categories of international obligations on the other. Do judi…
Palestine and the Conceptual Problem of Implicit Statehood
The General Assembly has accorded to Palestine the status of a non-member observer State in the UN. Some commentators have taken the position that Palestine's legal status as a State has thus been confirmed. This article draws on historical examples to demonstrate that the status of non-member State is not necessarily granted only to States. The recent vote in the General Assembly, therefore, neither confirmed nor altered the legal status of Pale…
Democratic Legitimacy between Port-au-Prince and Cairo
In the 1990s, international legal scholarship was marked by democratic idealism and the belief that democracy had become the only legitimate political system. The more radical proposals even speculated about legality of pro-democratic intervention. Such re-conceptualizations of international law were met with determined criticism. However, even skeptical voices were willing to admit that democracy nevertheless did have some limited normative forc…
The Use of Force as a Plea of Necessity
Article 2(4) of the UN Charter contains a general prohibition of the use of force. Articles 42 and 51 authorize departures from this prohibition in two circumstances: Security Council authorization and self-defense. These two circumstances are conceptualized as justifications. They provide for legally-warranted departures from the general rule. As a result, a justified use of force is not wrongful. Justifications are different from excuses where …
Democracies and Non-Democracies
At the end of the Cold War, Francis Fukuyama (1992) declared the end of history, Thomas Franck (1992) published his seminal work "The Emerging Right to Democratic Governance", and Anne-Marie (Slaughter) Burley (1992) was developing her theory of international law as law between liberal nations.In response, Susan Marks (2000), Brad Roth (1999), and other scholars expressed skepticism toward certain core tenets of such liberal-democratic interpreta…
Political science (9 works) · Law (8 works) · Law and economics (7 works) · International law (6 works) · International Law and Human Rights (6 works) · Law (6 works) · Sociology (6 works) · Economics (5 works) · Global Peace and Security Dynamics (4 works) · Computer Science (3 works)