scholarly journals Splendid Isolation: International Humanitarian Law, Legal Theory and the International Legal Order

2012 ◽  
pp. 107-131 ◽  
Author(s):  
Aoife O’Donoghue
Keyword(s):  
Legal Theory ◽  
Legal Order ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Legal Order ◽  
Splendid Isolation

scholarly journals Postcolonial International Law Discourses on Regional Developments in South and Southeast Asia

2008 ◽  
Vol 36 (3) ◽  
pp. 387-431 ◽  
Author(s):  
Diane A. Desierto
Keyword(s):  
Southeast Asia ◽  
International Law ◽  
International Economic Order ◽  
Southeast Asian ◽  
Self Determination ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
South And Southeast Asia ◽  
International Legal Order ◽  
International Legal System

The development of international law in South and Southeast Asia exemplifies myriad ideological strands, historical origins, and significant contributions to contemporary international law doctrines’ formative and codification processes. From the beginnings of South and Southeast Asian participation in the international legal order, international law discourse from these regions has been thematicallypostcolonialand substantivelydevelopment-oriented.Postcolonialism in South and Southeast Asian conceptions of international law is an ongoing dialectical project of revisioning international legal thought and its normative directions — towards identifying, collocating, and applying South and Southeast Asian values and philosophical traditions alongside the Euro-American ideologies that, since the classical Post-Westphalian era, have largely infused the content of positivist international law. Of increasing necessity to the intricacies of the postmodern international legal system and its institutions is how the postcolonial project of South and Southeast Asian international legal discourse focuses on areas of international law that create the most urgent development consequences: trade, investment, and the international economic order; the law of the sea and the environment; international humanitarian law, self-determination, socio-economic and cultural human rights.

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.

scholarly journals Modern Jus Post Bellum – Finding a New Branch of International Justice and Law

2020 ◽  
Vol 9 (2) ◽  
pp. 9-38
Author(s):  
Marcin Lech
Keyword(s):  
Transitional Justice ◽  
Legal Order ◽  
International Justice ◽  
Humanitarian Law ◽  
Moral Obligations ◽  
Jus Post Bellum ◽  
Nation States ◽  
International Legal Order ◽  
Rules And Principles ◽  
Just Peace

The arguments put forward in this article concern ideas about jus post bellum as an urgently needed and hopefully emerging branch of a new international legal order based on fully reasoned ethical principles. The presented views refer to justifying this new international legal order with respect to the necessary parallel transformation of the utility of armed response and, particularly, lethal force to meet modern-day and future conflicts. While it is possible to find at least partial answers, many more questions for future development will emerge in order to truly establish what promotes and fulfils the actual achievement of a stable, safe, lasting, and just peace. Therefore, the object of this research into the legal and ethical possibilities is primarily to assess the quality of a new conceptualisation of international justice and law. This allows for the formation of new law jus post bellum and the nature of peace, which might induce the necessary sociopolitical transformation to sustain a just peace. The exclusive reference to moral obligations in the theorisation of the transition from conflictto peace too often fails to recognise the existing framework of the legal rules and principles involved. While analysed from the perspective of International humanitarian Law and the perspective of the independence of nation-states, it characterises asymmetric warfare and the question about the causes driving states’ and other communities’ actions, particularly casus belli. The new interdisciplinary rethinking exposed below can only result in a complex conclusion because jus post bellum in the age of global transitional justice could prepare new judicial frameworks, as well as true and real justice after the end of war.

scholarly journals Legality of Autonomous Weapons Systems and their Implications on Existing International Humanitarian Law Principles Approach: New Haven School of International Legal Theory

2019 ◽  
Vol 7 (1) ◽  
pp. 124-131
Author(s):  
Sai Venkatesh
Keyword(s):  
Legal Theory ◽  
International Humanitarian Law ◽  
World Peace ◽  
Ideal Solution ◽  
Humanitarian Law ◽  
New Haven ◽  
Legal Thought ◽  
Autonomous Weapons ◽  
The Ideal ◽  
Weapons Systems

The objective of this paper is to legally analyze the issues surrounding the use and regulation of Autonomous Weapons Systems (AWS) and their implications on the existing principles of International Humanitarian Law (IHL). The research and mode of approach towards this issue will be directed in consonance with the New Haven School of International Legal Thought. The paper will begin by defining the terms ‘AWS’ and ‘New Haven school’ for the purpose of this study. Subsequently, it will highlight the various notable issues of contention with relation to existing principles of IHL. In doing so, the paper will earmark these issues under the scope of the New Haven method and conclude exclusively to that school of international thought.  In its conclusion, this paper will emphasize the need for AWS in today’s world, and how regulation, rather than prohibition, would be the ideal solution towards addressing the conundrum of their legality. It will also distinguish the key elements of the New Haven school and how these were directly incorporated into this paper so as to arrive at the predicated resolution, emphasizing the need for legality of AWS to attain world peace and order. 

11. International humanitarian law

2021 ◽  
pp. 247-266
Author(s):  
Nicole Scicluna
Keyword(s):  
Armed Conflict ◽  
The Political ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Legal Implications ◽  
Legitimate Target ◽  
Self Interest ◽  
State Practice ◽  
The Status ◽  
International Legal Order

This chapter investigates whether and how the laws that govern armed conflict achieve their objective of minimizing the suffering of combatants and non-combatants alike. International humanitarian law (IHL) reflects the tensions of an international legal order that oscillates between the apologist tendency to reflect state practice and state self-interest and the utopian desire to reflect higher values of justice and human dignity. The chapter begins with a brief overview of the evolution of this body of law, the codification of which dates from the second half of the nineteenth century. It then turns to the question of terminology, analysing the political origins and legal implications of the relatively recent term ‘international humanitarian law’. The chapter focuses on two key questions. Firstly, who or what is a legitimate target during an armed conflict? Secondly, what are legitimate means of conducting armed conflict? The chapter also considers the status of nuclear weapons under international law, a topic that captures well both the possibilities and limits of IHL.

scholarly journals Normative Contradictions in International Law: Implications for Legal Philosophy

wisdom ◽  
2016 ◽  
Vol 2 (7) ◽  
pp. 78
Author(s):  
Hans KÖCHLER
Keyword(s):  
Separation Of Powers ◽  
National Level ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Level ◽  
Constitutional Courts ◽  
Basic Principles ◽  
Legal Norms ◽  
International Legal Order ◽  
United Nations Charter

In order to be perceived as legitimate by those subject to it, a system of legal norms should be free of contradictions. The very idea of justice is incompatible with an erratic interpretation and, subsequently, arbitrary application of norms. Systemic contradictions make actions by state authorities unpredictable. However, at the domestic as well as at the international level, considerations of power and interest have often made of the respective body of norms a “hermeneutical minefield.” The international legal order in particular contains contradictions even between the most basic principles such as state sovereignty, self-determination and the rules of international humanitarian law. While, at the national level, the authority of constitutional courts may help to eliminate contradictions and inconsistencies, there exists, apart from limited regional arrangements, no such separation of powers at the international level. The lecture analyzes, inter alia, the systemic, destabilizing impact of normative contradictions in exemplary cases related to the interpretation of the United Nations Charter and draws conclusions in terms of the philosophy of law.

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.

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