Papers by Vassilis Pergantis
«Πρόσφατες εξελίξεις και προοπτικές γύρω από την αρχή της ισοδύναμης προστασίας με αφορμή την υπό... more «Πρόσφατες εξελίξεις και προοπτικές γύρω από την αρχή της ισοδύναμης προστασίας με αφορμή την υπόθεση Avotins κ/ Λετονίας», σε Νάσκου-Περράκη Π., Γαϊτενίδης Ν., Κατσούλης Στ. (επιμ.), ΤΑ ΘΕΜΕΛΙΩΔΗ ΔΙΚΑΙΩΜΑΤΑ ΣΤΟΝ ΕΥΡΩΠΑΪΚΟ ΧΩΡΟ: ΣΥΓΧΡΟΝΑ ΖΗΤΗΜΑΤΑ ΚΑΙ ΠΡΟΚΛΗΣΕΙΣ, Θεσσαλονίκη, Σάκκουλας, 2018, σελ. 109-130
Ελληνική Επιθεώρηση Ευρωπαϊκού Δικαίου (υπό έκδοση, 2016)
Σχόλιο πάνω στην γνωμοδότηση του ΔΕΕ επί της προσχώρησης της ΕΕ στην ΕΣΔΑ.
13:1 INTERNATIONAL ORGANIZATIONS LAW REVIEW (2016) (forthcoming)
In the last decade the United Nations and the African Union have forged a close partnership in ma... more In the last decade the United Nations and the African Union have forged a close partnership in matters of international peace and security. This paper attempts to shed light to the multifaceted role of the UN on the strategic and operational planning and evolution, as well as the funding, of regional (AU) peace support operations. Such involvement goes well beyond a simple authorization by the UN Security Council and raises crucial questions in respect of the allocation of responsibility between the UN and the AU. The analysis of the relevant responsibility allocation clauses showcases that a holistic approach should be adopted that does not micromanage the different aspects of the UN involvement in regional missions, but treats them as an aggregate that should be taken into account as a whole when allocating responsibility. Otherwise, the soft or indirect (but crucial) influence exercised by the UN will inevitably escape responsibility.
17:3 INTERNATIONAL COMMUNITY LAW REVIEW (2015), pp. 336-371
In a contribution to the Mélanges Virally in 1991, Jean Combacau deplored the choice made in Arti... more In a contribution to the Mélanges Virally in 1991, Jean Combacau deplored the choice made in Article 19(c) of the Vienna Convention on the Law of Treaties, which consecrates an “objective” test of compatibility with the object and purpose that can only be fulfilled subjectively. This logique de validité, as Combacau calls it, is tested in the International Law Commission’s (ilc) guidelines on reservations to treaties. The conclusion is not encouraging: the ilc fails to deliver the promise of the logique de validité and creates an inconsistent and at times untenable regime. By announcing that it will flesh out the consequences of Article 19(c), the Commission places itself in an impossible position. Its only way-out is the concept of reservations dialogue that highlights the informal and political nature of reservations and proves that the promise of the logique de validité cannot but remain always immanent.
6:3 GLOBAL RESPONSIBILITY TO PROTECT (2014) 295-325
This essay revisits the relationship between Article 4(h) of the African Union Constitutive Act a... more This essay revisits the relationship between Article 4(h) of the African Union Constitutive Act and the R2P concept with a particular focus on military intervention. After unfolding the narrative of equation between the two norms, we explore their content and highlight their clear differences. We also observe the conceptual glissement concerning Article 4(h) from a right to a duty to intervene, which is not backed up by international practice. Furthermore, we examine the possible impact of the narrative of equation on the use of force architecture and particularly, on the relationship between the African Union and the United Nations. Finally, we analyse the normative implications of the equation for the R2P concept and conclude that the above equation fails to produce tangible legal consequences. What remains are its political motivations that sharply depart from the ‘higher’ ideals permeating the R2P and thus undermine its logic and realization.
in Robert Kolb (ed.), COMMENTAIRE ARTICLE PAR ARTICLE DU PACTE DE LA SOCIÉTÉ DES NATIONS (2015), Brussels, Bruylant, pp. 811-839 (with Professor Laurence Boisson de Chazournes)
This contribution analyses Article 21 of the League of Nations Covenant concerning the relationsh... more This contribution analyses Article 21 of the League of Nations Covenant concerning the relationship of regional understandings with the League
in Marcelo Kohen et al. (eds.), PERSPECTIVES OF INTERNATIONAL LAW IN THE 21ST CENTURY. LIBER AMICORUM PROFESSOR CHRISTIAN DOMINICÉ IN HONOUR OF HIS 80TH BIRTHDAY (2012), Leiden, Martinus Nijhoff Publishers, pp. 193-224 (with Laurence Boisson de Chazournes)
A commentary of the Behrami and Saramati case with a focus on relationships between universal and... more A commentary of the Behrami and Saramati case with a focus on relationships between universal and regional organizations.
56:2 NETHERLANDS INTERNATIONAL LAW REVIEW (2009), pp. 137-166
The liberal political thought has shaped views on normativity in international law by insisting o... more The liberal political thought has shaped views on normativity in international law by insisting on rule neutrality and determinacy through the sources doctrine and the idea of a clear-cut normative threshold. The present debate over the normative quality of diplomatic assurances poses an extraordinary challenge to these ideals. Moreover, any attempt to qualify the assurances as soft law further illustrates the manipulation of normativity-talk through the narratives of normative expansion and communitarisation. Ultimately, the liberal project cannot fulfil its promises, leaving international lawyers disenchanted.
in Vincent Chetail (ed.), POST-CONFLICT PEACEBUILDING - A LEXICON (2009), Oxford, OUP, pp. 320-336 (with Professor Vera Gowlland)
The rule of law refers to a principle of governance upholding the supremacy of the law adopted th... more The rule of law refers to a principle of governance upholding the supremacy of the law adopted through an established procedure, accountability of public authority under the law, equality of all before the law and access to an impartial and autonomous system of justice. It is ideologically linked to the notion of constitutionalism, to democracy and human rights. Rule of law projects in a peacebuilding context focus on elimination of arbitrariness, institutional reform, including the administration of justice and accountability.
66:2 ZEITSCHRIFT FÜR AUSLÄNDISCHES ÖFFENTLICHES RECHT UND VÖLKERRECHT (2006), pp. 351-397
The main task of this paper is to highlight some inconsistencies and controversies with regard to... more The main task of this paper is to highlight some inconsistencies and controversies with regard to the evolution of diplomatic protection. The idea is to examine the various approaches to diplomatic protection (the dismissive approach/the expansive-human rights approach) and to discuss aspects of it, which are ill-grounded or reflect a poor theoretical elaboration. In a nutshell, one can observe two different trends concerning the study of diplomatic protection. On the one hand, the advocates of a “humanization” of diplomatic protection frequently resort to arguments based on equity by underlining, for example, the extreme injustice that the discretionary nature of diplomatic protection can generate; due to the indeterminate and, thus, apparently insufficient for transforming the exercise of diplomatic protection to a State obligation State practice, they depart from strictly positivist views in order to metamorphose diplomatic protection. On the other hand, the exponents of positivist legality favour the traditional conception of the exercise of diplomatic protection being the States’ prerogative. The apparent incompatibility of this view with the “humanization” process of international law forces some international law scholars to be rather apologetic about the unjust State practice and, as a step further, to deny traditional diplomatic protection any usefulness, especially because of the spectacular development of international human rights law. It is argued in this paper that the main setback of both attitudes is their failure to capture the political essence of the institution of diplomatic protection.
in Kalliopi Koufa (ed.), MULTICULTURALISM AND INTERNATIONAL LAW, 35 THESAURUS ACROASIUM (2007), pp. 427-464
How can reservations to human rights treaties influence the bipolar struggle between universality... more How can reservations to human rights treaties influence the bipolar struggle between universality and relativity? In this contribution, it is argued that reservations can add an element of useful flexibility and a “touch of pragmatism” to the idealism of human rights protection. International human rights law suffers, not so much from the societal and, hence, ideological discrepancies of the modern world, but from a misconceived human rights activism that alienates large parts of the globe from the common effort to attain a higher threshold of human rights protection. Human rights bodies’ case-law and especially the ECtHR’s stance highlight the unresolved tension between homogenization of rules and ideas on the one hand and respect for pluralism on the other. The adherence of the newly established democracies to the ECtHR makes the challenge of balancing more pertinent and the questions is raised how the Court will now treat the idea of “common standards”.
Books by Vassilis Pergantis
The Paradigm of State Consent in the Law of Treaties. Challenges and Perspectives, 2017
The paradigm of state consent in the law of treaties is increasingly under attack. Which narrativ... more The paradigm of state consent in the law of treaties is increasingly under attack. Which narratives on the treaty concept legitimize or delegitimize the challenges to the consensualist paradigm? Which areas of the law of treaties are more concerned by these attacks? What are the ensuing risks? From consent to be bound to treaty succession, and from treaty denunciation to reservations, this book offers a tour de force on the paradigm of state consent, its challenges, and their politics
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Papers by Vassilis Pergantis
Books by Vassilis Pergantis