The rule-making process and the future of international law

1983 ◽  
pp. 205-219
Author(s):  
Taslim O. Elias
Keyword(s):  
International Law ◽  
The Future ◽  
Rule Making

Feminism, Modern Philosophy and the Future of Legitimacy of International Constitutionalism

2009 ◽  
Vol 11 (2) ◽  
pp. 219-245
Author(s):  
Ekaterina Yahyaoui Krivenko
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Adequate Understanding ◽  
The Future ◽  
Migrants Rights ◽  
To Come ◽  
International Constitutionalism

AbstractInternational constitutionalism relates to processes of limiting traditionally unrestricted powers of states as ultimate subjects, law-makers and law-enforcers of international law. Human rights occupy a central, but very confusing and confused role in the theorisation of international constitutionalism. If feminist scholars have criticised the inadequacies, shortcomings and gaps of international law of human rights at least since 1991, the doctrine of international law theorising constitutionalisation of international law until now has remained blind to these critiques idealising human rights and often using them as the ultimate legitimating factor. Thus, legitimacy and legality become confused and the distinction between them blurred in the doctrine of international constitutionalism. This in turn creates a danger of failure of the constitutionalists project itself, as it will serve to reinforce existing inadequacies and gaps in human rights protection. To illustrate this argument, I discuss some examples related to the protection of women's and migrants' rights. In order to avoid this dangerous development, I argue that international lawyers theorising international constitutionalism shall adopt an adequate, inclusive notion of legitimacy. In order to develop this adequate understanding of legitimacy, they should first take seriously feminist and other critiques of international human rights law and international law more generally. In the final parts of this article I develop my own more detailed proposals on the future of legitimacy and international constitutionalism. In doing so, I draw on the 'self-correcting learning process' developed in the writings of Jürgen Habermas, 'democracy to come' and more general views on the nature of sovereignty and human rights expressed by Jacques Derrida, as well as Levinasian 'responsibility-to-and-for-the-Other'.

Climate Displacement and the Legal Gymnastics of Justice: Is It All Political?

2021 ◽  
Vol 35 (2) ◽  
pp. 303-312
Author(s):  
Andrea C. Simonelli
Keyword(s):  
Climate Change ◽  
International Law ◽  
Legal System ◽  
Legal Analysis ◽  
Refugee Convention ◽  
Legal Remedy ◽  
The Future ◽  
Law And Justice ◽  
International Instruments

AbstractThe future for people becoming displaced due to climate processes is still unknown. The effects of climate change are more apparent every day, and those most acutely impacted are still unable to access an appropriate legal remedy for their woes. Two new books evaluate the limits to international legal protections and the application of justice. Climate Change, Disasters, and the Refugee Convention, by Matthew Scott, investigates the assumptions underpinning the dichotomy between refugees and those facing adversity due to climate-induced disasters. Climate Change and People on the Move: International Law and Justice, by Fanny Thornton, goes further by examining how justice is used—and curtailed—by international instruments of protection. Thornton's legal analysis is thorough and thoughtful, but also demonstrative of the limitations of justice when confined by historical precedent and political indifference. With so little still being done to hold industries to account, is it any surprise that the legal system is not yet ready to protect those harmed by carbon pollution? Demanding justice for climate displacees is an indictment of modern Western economics and development; it implicates entire national lifestyles and the institutions and people that support them.

La "green economy" e la realizzazione dei diritti dell'uomo alla base dello sviluppo sostenibile

2012 ◽  
pp. 587-607
Author(s):  
Pia Acconci
Keyword(s):  
Sustainable Development ◽  
International Law ◽  
Green Economy ◽  
International Organisations ◽  
Economic Interests ◽  
Policy Issues ◽  
Economic Relations ◽  
Current Trends ◽  
International Economic Relations ◽  
The Future

This article focuses on the relevance of the ‘green economy' for the promotion of human rights as the base of sustainable development, in light of major trends in international law. In June of this year, at the end of the UN Conference Rio +20 on Sustainable Development, States adopted a document - "The Future We Want" - which refers to the ‘green economy' as an economic model for the future. "The Future We Want" confirms the tendency towards the increasing involvement of private parties in international economic relations. However, complex policy issues concerning the interaction between economic and non-economic interests/concerns have arisen from current trends towards interdependence, liberalization and privatization. Some issues have brought about international disputes which are difficult to be settled, since the applicable principles and rules to the merits are insufficient and fragmented. As disputes owing to conflicts between economic and non-economic interests/concerns constitute a relevant investment and/or trade risk, all States need to promote the rapid settlement and prevention of such disputes. To this end, States and international organisations might increase the level of integration of non-economic concerns into international agreements concerning economic matters and adopt interpretative guidelines and clarifications of the existing rules.

scholarly journals Pidana Kerja Sosial, Tokyo Rules, serta Tantangannya di Masa Mendatang

2021 ◽  
Vol 10 (3) ◽  
pp. 517
Author(s):  
Maria Ulfah
Keyword(s):  
International Law ◽  
Community Service ◽  
Criminal Code ◽  
Correctional Institutions ◽  
Policy Makers ◽  
The Future ◽  
General Assembly Resolution ◽  
Un General Assembly ◽  
The One ◽  
Alternative Sanctions

Community service order is one of the alternative sanctions from short-term imprisonment and light fines as regulated in Article 65, Article 82, and Article 85 of the Draft of Indonesia Criminal Code on the September 2019 (RUU KUHP). Community service order is expected to be the one solution for the overcrowded state of Correctional Institutions in Indonesia due to the large number of articles with imprisonment. Community service order as a new criminal sanction in the future requires further arrangements that can support its implementation in the future and it is possible that several challenges arise in its implementation. The contents of further regulations related to community service order in this research are explored through general guidelines in the international law, namely the Tokyo Rules (UN General Assembly Resolution Number 45/110). This research uses qualitative research with normative juridical research methods in the form of analytical descriptive. The result of this study is twenty-two provisions in the Tokyo Rules can be used as a guide in determining the contents of further regulations related community service order. In addition, the factors can become challenges must be carefully considered by legal policy makers so that they are minimized in the implementation of community service order in the future. Pidana kerja sosial adalah salah satu sanksi alternatif dari pidana penjara jangka waktu pendek maupun sanksi pidana denda ringan yang diatur dalam Pasal 65, Pasal 82, dan Pasal 85 Rancangan Undang-Undang tentang Kitab Undang-Undang Hukum Pidana September 2019 (RUU KUHP). Pidana kerja sosial diharapkan menjadi salah satu solusi dari keadaan overcrowded Lembaga Pemasyarakatan di Indonesia akibat banyaknya pasal dengan sanksi pidana penjara. Pidana kerja sosial sebagai sanksi pidana baru di masa mendatang membutuhkan pengaturan lebih lanjut yang dapat mendukung implementasinya di masa mendatang dan dimungkinkan muncul beberapa tantangan dalam implementasinya. Isi dalam pengaturan lebih lanjut terkait pidana kerja sosial dalam penelitian ini dapat digali melalui pedoman umum dalam dunia internasional yakni Tokyo Rules (Resolusi Majelis Umum PBB Nomor 45/110). Penelitian ini menggunakan penelitian kualitatif dengan metode penelitian yuridis normatif berbentuk deksriptif analitis. Hasil dari penelitian ini adalah adanya dua puluh dua ketentuan dalam Tokyo Rules yang dapat menjadi panduan dalam menentukan isi pengaturan lebih lanjut terkait pidana kerja sosial. Selain itu, faktor-faktor yang dapat menjadi tantangan harus dipikirkan secara matang oleh pembuat kebijakan hukum agar terminimalisir dalam pelaksanaan pidana kerja sosial di masa mendatang.

scholarly journals If Germany Came to New Zealand

1999 ◽  
Vol 30 (2) ◽  
pp. 489
Author(s):  
John Salmond
Keyword(s):  
New Zealand ◽  
International Law ◽  
International Treaties ◽  
Inaugural Address ◽  
The Future ◽  
The Subject ◽  
College Now ◽  
Modern Warfare

This article is a report from the New Zealand Mail, 1 August 1906, which covered Professor John Salmond's inaugural address as the chair of law at Victoria College (now Victoria University of Wellington). Professor Salmond dealt with the subject of international law with regards to the conditions of modern warfare. He discusses important international treaties, the role of the civil population, and what would happen if war came to New Zealand. Professor Salmond concludes that a key player in resolving international disputes was arbitration, which he believed was full of hope and promise for the future. 

Jurisprudence and Jurists’ Prudence: The Iranian-Forum Clause Decisions of the Iran-U.S. Claims Tribunal

1984 ◽  
Vol 78 (1) ◽  
pp. 1-52 ◽  
Author(s):  
Ted L. Stein
Keyword(s):  
International Law ◽  
Private International Law ◽  
Public And Private ◽  
The Future ◽  
Effective System ◽  
Contractual Obligations ◽  
Contractual Choice ◽  
The Relationship

On November 5, 1982, the Iran-U.S. Claims Tribunal decided a series of nine cases presenting issues of the greatest significance for the future course of that Tribunal’s work. The issue for decision in each case was the effect of a contractual choice-of-forum clause on the Tribunal’s own jurisdiction, an issue likely to arise in a great many cases. Squarely presented were issues pertaining to the relationship between public and private international law, the content of a state’s obligation under international law to maintain an adequate and effective system of local remedies, and the scope of “changed circumstances” as a ground for release from contractual obligations.

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