International Legal Theory, International Community, and International Legal Order from a Dooyeweerdian Perspective

2018 ◽  
pp. 231-261
Author(s):  
Romel Regalado Bagares
Keyword(s):  
Legal Theory ◽  
International Community ◽  
Legal Order ◽  
International Legal Order

System Values and Understanding Legal Language

2008 ◽  
Vol 21 (1) ◽  
pp. 29-61 ◽  
Author(s):  
MAKSYMILIAN DEL MAR
Keyword(s):  
International Law ◽  
Legal Theory ◽  
Legal Order ◽  
Legal Language ◽  
International Legal Order ◽  
Institutional Contexts ◽  
International Law Commission ◽  
Fragmentation Of International Law ◽  
Law Commission ◽  
The Ideal

AbstractThis paper argues that the concerns and methodology of the recently completed Report of the International Law Commission (ILC) over the fragmentation of international law presuppose a particular way of understanding legal language which tends to separate the understanding of rules from their factual adaptability to certain recurring social problems faced within specific institutional contexts. The paper argues that separating rules from their factual adaptability focuses the analysis on surface coherence – coherence at the level of abstract terms and phrases. It is the argument of this paper that this presupposition is not warranted, and that the understanding of rules cannot be thus separated. An alternative model of the understanding of legal language is developed on the basis of the work of Bernard Jackson and Geoffrey Samuel. This is further supplemented by the approach to the study of institutional contexts in the recent work of Robert Summers and John Bell. Together, these resources can lead to the analysis of the deep coherence of the international legal order, that being one that prioritizes not the unity of that order, but its responsiveness. The ideal of responsive law is elaborated upon by reference to the work of Philip Selznick and Philippe Nonet. Finally, a different agenda for the ILC is offered on the basis of the methodology of deep coherence. The upshot is that the paper calls for a reorientation of international legal theory, away from concerns about ‘the law itself’ and towards an engagement with the responsiveness of legal work performed in international legal institutions.

Globalization and its Effect on International Courts and Tribunals

2006 ◽  
Vol 5 (1) ◽  
pp. 1-11 ◽  
Author(s):  
Angela Del Vecchio
Keyword(s):  
Subject Matter ◽  
Single Case ◽  
Geographical Area ◽  
International Community ◽  
Legal Order ◽  
International Courts ◽  
Binding Force ◽  
Territorial Jurisdiction ◽  
International Legal Order ◽  
Law Making

AbstractThere is a need for the international community to make provision for and construct a system of rules and sanctions with far greater binding force than the previous system and which draws its strength of application from the setting up of new international tribunals endowed with personal, subject matter and territorial jurisdiction. It is precisely these courts and tribunals, when ruling that individual cases fall within the scope of the general interests of the community as a whole, which are the institutions best equipped to respond to globalization. Moreover, it is increasingly recognized that courts and tribunals have law-making powers since in the current international legal order the effects of their decisions are often not limited to a single case, i.e. the decisions can be universally valid at least within the geographical area in which the court operates or the sector in respect of which it enjoys jurisdiction. In this connection, the author explores the effects of globalization on international courts and tribunals.

scholarly journals Validity Of The 1918 Unification of Montenegro And Serbia - An International Legal Theory Approach

Eudaimonia ◽  
2021 ◽  
pp. 143-164
Author(s):  
Matija Stojanović
Keyword(s):  
International Law ◽  
Legal Theory ◽  
Legal Order ◽  
Theory Approach ◽  
Legal Basis ◽  
Logical Inconsistency ◽  
International Legal Order

In this paper, the author will critically reexamine the 1918 unification of Montenegro and Serbia, challenging the views which claim that it had no legal basis in the then-valid (international) legal order. The author disregards these claims made by the critics of the unification by exposing their methodological and logical inconsistency. In doing so, by citing original documents the author attempts to actually recreate the adjudicating process by which this question had been solved within the realm of the international law and, in doing so, he brings the reader’s attention to certain theoretically interesting aspects of the international law, such as its overall nature, its adjudicating process and its adjudicating bodies (institutions), which are of utmost theoretical importance.

scholarly journals INTERNATIONAL LAW IN THE CONDITIONS OF TRANSFORMATION OF CONTEMPORARY WORLD ORDER

2015 ◽  
Vol 1 (5) ◽  
pp. 0-0
Author(s):  
Анатолий Капустин ◽  
Anatoliy Kapustin
Keyword(s):  
International Law ◽  
Legal Theory ◽  
World Order ◽  
Legal Order ◽  
Modern World ◽  
Contemporary World ◽  
International Policies ◽  
International Legal Order ◽  
And Function ◽  
The Relationship

The article discusses the role and function of international law in the transformation of the modern world order. A brief description of the main features of international contemporary international relations and the role of international law in maintaining international legal order is given. The relationship and interaction of international policies of States and international law is examined. Scientific schools of international law exploring the relationship of international law and foreign policy are analyzed. In this regard, the author draws attention to the problem of the legitimacy of international law and established international legal order. The assessment of challenges to the legitimacy of international law and its reflection in the current international legal theory is made.

4. International Law and Domestic Law

2016 ◽  
Author(s):  
Martin Dixon ◽  
Robert McCorquodale ◽  
Sarah Williams
Keyword(s):  
International Law ◽  
International Society ◽  
Legal System ◽  
International Community ◽  
Legal Order ◽  
State Sovereignty ◽  
National Legal System ◽  
International Legal Order ◽  
Municipal Law ◽  
Domestic Law

The interaction between international law and domestic (or national or ‘municipal’) law demonstrates the struggle between State sovereignty and the international legal order. While the international legal order seeks to organise international society in accordance with the general interests of the international community, State sovereignty can be used to protect a State against the intervention of international law into its national legal system. This chapter discusses theories about the relations between international law and national law; national law on the international plane; international law on the national plane; and examples of international law on the national plane.

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