Thomas M Franck
Dados Biográficos
| ID | 1008567 |
|---|---|
| NOME | Thomas M Franck |
| PRENOMES | Thomas M |
| SOBRENOME | Franck |
| ASSINATURA | FRANCK T M |
| AFILIAÇÕES | New York University |
| ORCID | 0000-0002-6749-0636 |
| VERIFICADO | Sim |
| TOTAL DE OBRAS | 97 |
| TOTAL DE CITAÇÕES | 916 |
| TOTAL COMO AUTOR | 97 |
| TOTAL COMO EDITOR | 0 |
| PRIMEIRO ANO DE PUBLICAÇÃO | 1955 |
| ANO MAIS RECENTE DE PUBLICAÇÃO | 2025 |
| ÍNDICE H | 12 |
De la littérature prolétarienne à l’identitarisme campaniliste
Jean Tousseul occupies a crucial place in Francophone regionalist literature, embodying both the aspirations and contradictions of early twentieth-century Wallonia. His work combines pacifist and socialist ideals with an increasingly conservative attachment to regional identity. Moving from internationalist pacifism and labor activism toward a mythologized regionalism, Tousseul's trajectory mirrors the ideological polarizations of the interwar pe…
Compte rendu de Ablali (Driss), Badir (Sémir) & Ducard (Dominique) (dir.), En tous genres. Normes, textes, médiations
Misant sur une approche pluridisciplinaire de la notion de genre mais convergeant vers des perspectives sémiotiques et linguistiques, l’ouvrage dirigé par Driss Ablali, Sémir Badir et Dominique Ducard, En tous genres. Normes, textes, médiations, brasse un panel assez large d’objets et de corpus appréhendés selon des hypothèses d’analyse également hétérogènes. On ne risquera pas une distribution rigide des articles en termes de disciplines ou de c…
Paradoxes idéologiques du discours soviétique
« Les multiples rébellions et révolutions ont été suivies de contre-révolutions et de restaurations. Depuis la révolte des esclaves dans l’antiquité jusqu’à la révolution socialiste, la lutte des opprimés s’est terminée par l’établissement d’un système nouveau de domination [...] Un élément d’auto-défaite (self-defeat) semble être impliqué dans cette dynamique (et ceci même en tenant compte de la valeur de raisons telles que le caractère prématur…
Paradoxes idéologiques du discours soviétique. Capitalisme d’État et dictature sur le prolétariat
L’analyse du discours soviétique témoigne d’une actualité politique brûlante, celle du vote au Parlement européen d’une résolution (19 septembre 2019) visant à mettre sur un pied d’égalité communisme et nazisme d’un point de vue idéologique et politique en faisant fi des singularités conjoncturelles. En usant conjointement, de manière très floue et ambiguë, des termes « stalinisme », « communisme totalitaire », « communisme », « régime totalitair…
Un révolutionnaire au cœur de la contre‐révolution
Cet article est un compte-rendu du livre : Alexandre Berkman, Le Mythe bolchevik. Journal 1920‐1922, préface de Miguel Abensour et Louis Janover, traduit par Pascale Haas, Paris, Klincksieck, 2017, 284 p., EAN 978225204041
“Le mythe bolchevik” (Alexandre Berkman)
Le Mythe bolchevik est un ouvrage contradictoire à plus d’un titre, non que son argumentation souffre de paradoxes ou d’incohérences, mais parce qu’il est le fruit d’un parcours personnel et intellectuel marqué par l’expérience du doute et de la critique. À la fois, la trace de l’enthousiasme, presque romantique, des premiers moments de la Révolution soviétique et des désillusions qui la suivirent directement, le témoignage que livre Alexandre Be…
La lutte pour la reconnaissance des droits des femmes dans le contexte révolutionnaire russe
Cet article étudie les évolutions conjoncturelles en Union Soviétique en lien avec la place prise par les femmes dans les mouvements révolutionnaires pour une reconnaissance de leurs droits, de leur autonomie politique et de leurs libertés morales. Dans un premier temps, il met au jour le renversement du patriarcat des Tsars par l'instauration, d'une part, d'un pouvoir du prolétariat féminin et, d'autre part, d'une reconnaissance juridique (divor…
Dialectique négative du Nouveau Roman
This paper studies the New Novel’s rhetoric (Nouveau Roman) in order to requalify, thanks to a dialectical approach, its positive definition in a negative way. Through a philosophical critique of the novelistic discourse, the aim is to highlight the theoretical power of novels which pay attention, in a rhetorical perspective, to the body thematic, the body considered as a fundamental and full component of a subjectivity determined by material and…
Proportionality in International Law
Across a broad range of subjects, there is now wide agreement that the principle of proportionality governs the extent to which a provocation may lawfully be countered by what might otherwise be an unlawful response. That is the central role assigned to proportionality in international law and it is deeply rooted in the cultural history of societies. However, if the core institutions of a legal system are too weak to be relied upon to take remedi…
On Proportionality of Countermeasures in International Law
In courts and tribunals, political arenas like the United Nations Security Council, and popular and scholarly journals, discursive recourse to the principle of proportionality has become frequent and vehement. It tends most audibly to arise in the midst of military conflicts pitting states against each other. But it also emerges in interstate trade disputes and when states, seeking to protect national security or public health, restrict internati…
When Nations Collide, Must Law be Silent
Cicero coined the maxim that still guides too much thinking about war: “In war, the law is silent.” For good measure, this is also rendered as “laws are inoperative in war.” This appears to be the
The Power of Legitimacy and the Legitimacy of Power
The American Society of International Law (ASIL), incorporated by Act of Congress in 1950, was founded in 1906 “to promote the establishment and maintenance of international relations on the basis of law and justice.” As we celebrate the centennial of this, the Society’s principal publication, it is appropriate to examine the present and future prospects of this project. Is it still a compelling aspiration in the era of U.S. superpower-dom? The f…
The Fervent Imagination and the School of Hard Knocks
Criminals, Combatants, or What? An Examination of the Role of Law in Responding to the Threat of Terror
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What Happens Now? The United Nations After Iraq
Thirty-three years ago I published an article in this Journal entitled Who Killed Article 2 (4)? or: Changing Norms Governing the Use of Force by States , which examined the phenomenon of increasingly frequent resort to unlawful force by Britain, France, India, North Korea, the Soviet Union, and the United States. The essay concluded with this sad observation: The failure of the U.N. Charter's normative system is tantamount to the inability of an…
To the Editor in Chief
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Inspections and Their Enforcement
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The Dreary Future of Imposed Identity
By the end of the 20th century, a kind of nationalism that owes more to post-Hegelian romanticism than to 18th-century revolutionary republicanism has emerged. This outbreak of nation-consciousness increasingly manifests itself in efforts to secede from, or bring about the disintegration of, multinational civil societies and established states. Around the world, there are people who are enthusiastically engaged in acting out the worst imaginable …
The Empowered Self
Terrorism and the Right of Self-Defense
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Are Human Rights Universal
Keith Highet (1933-2000)
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Lessons of Kosovo
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Break It, Don't Fake It
Is Personal Freedom a Western Value
No one must be disturbed because of his opinions, even in religious matters, provided their expression does not trouble the public order established by law. Declaration of the Rights of Man and of the Citizen, 1789 Various forces and tendencies contending in the world of ideas bear directly on the identity of each person. The nation, the tribe, the state, the “ethnie” or sociocultural group, international institutions, and several nongovernmental…
The Power of Legitimacy Among Nations
QB: LEAVE THIS COPY AS IT IS In this work, Thomas Franck, an authority on international law, considers why it is that rules within the international system are for the most part obeyed, even though they are not usually enforced. Much of his discussion is theoretical, based on discussions of laws that do not involve coercion, but Franck also makes use of many practical examples to show how international law works successfully even without formal c…
The Emerging Right to Democratic Governance
Legitimacy in 1991 flows not from the barrel of a gun but from the will of the people. U.S. Secretary of State James A. Baker III I know what real democracy is, what democracy is worth. A thirty-seven-year-old Soviet lieutenant colonel who early on sided with anticoup forces More than two centuries have elapsed since the signatories of the U.S. Declara^ tion of Independence sought to manifest two radical propositions. The first is that government…
Why Do Nations Obey International Law
of the time."'Although empirical work since then seems largely to have confirmed this hedged but optimistic description, 2 scholars
Legitimacy in the International System
The surprising thing about international law is that nations ever obey its strictures or carry out its mandates. This observation is made not to register optimism that the half-empty glass is also half full, but to draw attention to a pregnant phenomenon: that most states observe systemic rules much of the time in their relations with other states. That they should do so is much more interesting than, say, the fact that most citizens usually obey…
After Bangladesh
In the Bangladesh crisis, two important objectives of international law appeared to be in conflict: that of peace and that of justice. The former objective is set out in the rules of the U.N. Charter against the use of force by states except in self-defense against an armed attack. The second is found in the provisions of the Charter and in various resolutions, declarations, and covenants pertaining to fundamental human rights and self determinat…
Fairness in International Law and Institutions
Six Books in Search of a Subject or Does Federalism Exist and Does It Matter
The Power of Legitimacy and the Legitimacy of Power
The American Society of International Law (ASIL), incorporated by Act of Congress in 1950, was founded in 1906 “to promote the establishment and maintenance of international relations on the basis of law and justice.” As we celebrate the centennial of this, the Society’s principal publication, it is appropriate to examine the present and future prospects of this project. Is it still a compelling aspiration in the era of U.S. superpower-dom? The f…
Who Killed Article 2(4)? or
Twenty-five years ago, the Allied nations gathered at San Francisco in the warming glow of victory and signed a solemn treaty giving effect to their determination “to save succeeding generations from the scourge of war ...” and “to ensure, by the acceptance of principles and the institution of methods, that armed force shall not be used, save in the common interest ...” Specifically, they undertook in Article 2(4) to “refrain in their internation…
What Happens Now? The United Nations After Iraq
Thirty-three years ago I published an article in this Journal entitled Who Killed Article 2 (4)? or: Changing Norms Governing the Use of Force by States , which examined the phenomenon of increasingly frequent resort to unlawful force by Britain, France, India, North Korea, the Soviet Union, and the United States. The essay concluded with this sad observation: The failure of the U.N. Charter's normative system is tantamount to the inability of an…
The Stealing of the Sahara
The Western—or, until now, Spanish—Sahara is a small place. Its decolonization and the fortunes of its mere 75,000 inhabitants do not attract instant or prolonged public attention. Nevertheless, or, perhaps, in part for that very reason, the disposition of the Sahara case by the United Nations has been monumentally mishandled, creating a precedent with a potential for future mischief out of all proportion to the importance of the territory
The “Powers of Appreciation”
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Terrorism and the Right of Self-Defense
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Clan and Superclan
There are many countries in our blood, aren’t there, but only one person. Would the world be in the mess it is if we were loyal to love and not to countries? —Graham Greene, Our Man in Havana In Bosnia, the vaunted ideal—a multivariegated state of Muslims, Orthodox Serbs and Catholic Croats living in a tolerant civil society—has virtually been extinguished by a torrent of blood and tears. In Belgium, itself a less than two-hundred-year-old produc…
UN Police Action in Lieu of War
The United Nations system is an elegant, carefully crafted instrument to make war illegal and unnecessary. To this end, in Article 2(4) of the UN Charter, members are required to “refrain ... from the threat or use of force against the territorial integrity or political independence of any state.” If such force is used despite that prohibition, the Charter envisages two kinds of military remedies: wars of self-defense and police actions . Article…
Procedural due Process in Human Rights Fact-Finding by International Agencies
Most international organizations lack law-enforcing sanctions or, having them in legal theory, are reluctant to invoke them in practice. Instead, they increasingly resort to fact-finding
On Proportionality of Countermeasures in International Law
In courts and tribunals, political arenas like the United Nations Security Council, and popular and scholarly journals, discursive recourse to the principle of proportionality has become frequent and vehement. It tends most audibly to arise in the midst of military conflicts pitting states against each other. But it also emerges in interstate trade disputes and when states, seeking to protect national security or public health, restrict internati…
Is Personal Freedom a Western Value
No one must be disturbed because of his opinions, even in religious matters, provided their expression does not trouble the public order established by law. Declaration of the Rights of Man and of the Citizen, 1789 Various forces and tendencies contending in the world of ideas bear directly on the identity of each person. The nation, the tribe, the state, the “ethnie” or sociocultural group, international institutions, and several nongovernmental…
Tribe, Nation, World
The end of the Cold War and the growth of economic, political, and informational globalization are challenging our traditional definitions of self. Franck displays the complexity and growing subjectiveness of identity by providing a detailed lexicon of identity, including definitions of nation, state, tribe, and ethnicity. He argues that recent appeals to nationalism based on a common sociocultural, geographic, and linguistic heritage should be s…
Nation against Nation
Dulce et Decorum Est
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Are Human Rights Universal
The Power of Legitimacy Among Nations
VRÜ Verfassung und Recht in Übersee , Seite 256 - 258
Of Gnats and Camels
Does the United Nations, in Saint Matthew’s words, “strain at a gnat, and swallow a camel”? Ambassador John L. Loeb, Jr., a U.S. alternate delegate to the 38th United Nations General Assembly in 1983, spoke for many in and outside the U.S. Government when, after the end of the session, he charged in the New York Times that “[f]or decades, the United Nations has practiced a double standard.” Ambassador Jeane Kirkpatrick has elaborated the same poi…
Lessons of Kosovo
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Popular Participation in Multi-Racial Government
POPULAR PARTICIPATION IN MULTI-RACIAL GOVERNMENT THOMAS FRANCK THOMAS FRANCK Search for other works by this author on: Oxford Academic Google Scholar Parliamentary Affairs, Volume IX, Issue 3, 1955, Pages 324–337, https://doi.org/10.1093/oxfordjournals.pa.a052903 Published: 01 January 1955
Changing Africa
European Communities in Africa
Some Thoughts on Legal Studies in Africa
East African Unity through Law
Some Psychological Factors in International Third-Party Decision-Making
Constitutions of Nations
Six Books in Search of a Subject or Does Federalism Exist and Does It Matter
Comparative Constitutional Process Cases and Materials. Fundamental Rights in the Common Law Nations
VRÜ Verfassung und Recht in Übersee , Seite 244 - 245
The Johnson and Brezhnev Doctrines
Who Killed Article 2(4)? or
Twenty-five years ago, the Allied nations gathered at San Francisco in the warming glow of victory and signed a solemn treaty giving effect to their determination “to save succeeding generations from the scourge of war ...” and “to ensure, by the acceptance of principles and the institution of methods, that armed force shall not be used, save in the common interest ...” Specifically, they undertook in Article 2(4) to “refrain in their internation…
Third-Party Involvement in International Dispute Settlement
Foreign Investments and International Law
The Brezhnev-Johnson two-world doctrine
Word Politics
Chairman
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After Bangladesh
In the Bangladesh crisis, two important objectives of international law appeared to be in conflict: that of peace and that of justice. The former objective is set out in the rules of the U.N. Charter against the use of force by states except in self-defense against an armed attack. The second is found in the provisions of the Charter and in various resolutions, declarations, and covenants pertaining to fundamental human rights and self determinat…
Preliminary Thoughts Towards an International Convention on Terrorism
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Panama Paralysis
Word Made Law
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International Law in Canadian Practice
The Stealing of the Sahara
The Western—or, until now, Spanish—Sahara is a small place. Its decolonization and the fortunes of its mere 75,000 inhabitants do not attract instant or prolonged public attention. Nevertheless, or, perhaps, in part for that very reason, the disposition of the Sahara case by the United Nations has been monumentally mishandled, creating a precedent with a potential for future mischief out of all proportion to the importance of the territory
After the Fall
The Vietnam “war” was fought to preserve the balance of power between the non-Communist and Communist worlds. To the extent the global power equation ever rested on the outcome of that struggle, it cannot be judged a success for our side. In the process, however, another balance has also been altered, perhaps far more significantly: that between Congress and the Presidency in the conduct of foreign relations. Some would say that the Administratio…
International legal action concerning terrorism
The question of how the international community of nations can cooperate to meet the threat of terrorism is discussed. Included is a review of why the efforts to mobilize the international community have met with little success. For example, terrorism has become a cheap and relatively safe way for groups to gain attention. Moreover, the nuclear stalemate has made terrorism an efficient way for states to engage in vicarious warfare. Since the 1930…
The Constitutional and Legal Position of the National Security Adviser and Deputy Adviser
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Political science (89 obras) · Law (69 obras) · Law (51 obras) · Sociology (39 obras) · International Law and Human Rights (31 obras) · Law and economics (28 obras) · Politics (26 obras) · Mathematics (25 obras) · Computer Science (24 obras) · Global Peace and Security Dynamics (21 obras)