Legal Norms, Moral Values and National Interests. Ein Tagungsbericht zum Expertenworkshop vom 19. bis zum 21. Februar 2018 in Berlin

AbstractThe analytical tension between legal norms, moral values, and national interests seems no uncharted territory in political science, but has found very little interest in legal academia. For lawyers, moral values and national interests are largely “unknowns,” dealt with by other disciplines. Looking a bit deeper, the picture becomes more nuanced, however. As part of a roundtable on “Balancing Legal Norms, Moral Values, and National Interests,” this essay argues that norms, values, and interests are not different universes of legal normativity, morality, and specific interests, but are interrelated concepts. Values clearly influence norms and often underpin them, while seemingly concrete norms (rules) are themselves often fragile constructs trying to balance competing interests. Value systems are quite diverse within societies, and this is even truer for interests; each society is a dynamic system of social interaction where conflicting interests are constantly playing out. In a way, underlying conflicts of values and interests are constantly being renegotiated in the legal system, with the norms enshrined in the text of statutes and treaties serving to constitute transitory reference points.

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Unresolved and Unresolvable? Tensions in the Refugee Regime

Ethics & International Affairs ◽

10.1017/s0892679418000874 ◽

2019 ◽

Vol 33 (1) ◽

pp. 45-56 ◽

Cited By ~ 2

Author(s):

Megan Bradley

Keyword(s):

Moral Values ◽

National Interests ◽

Legal Norms ◽

Legal Principles ◽

Critical Step ◽

Moral Duties ◽

Durable Solutions ◽

Context Specific

AbstractWorldwide, growing numbers of refugees are pushed from their homes. At the same time, fewer and fewer are able to access so-called “durable solutions” to their displacement. This has prompted a flurry of efforts to repair the foundering refugee regime. Many such efforts attempt, implicitly or explicitly, to resolve tensions between legal principles, moral duties, and national interests surrounding refugees. As part of a roundtable on “Balancing Legal Norms, Moral Values, and National Interests,” this essay questions the drive toward oversimplification that has characterized these debates, recognizing that some such tensions are “baked into” the problem of refugeehood. While debates have typically focused on the obligation to admit refugees, and on “responsibility sharing,” I advance the conversation by exploring how law, morality, and national interests are entangled in efforts to support durable solutions for refugees, focusing on voluntary repatriation. What does recognition of the intrinsic and in some senses irreconcilable tensions in the refugee regime mean for efforts to support solutions? I argue that advancing durable solutions, however imperfect, for refugees does not mean definitively overcoming these tensions, but rather navigating them to identify context-specific opportunities to reposition refugees as full and equal citizens as a critical step toward reducing their precarity.

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Humanitarian Diplomacy: The ICRC's Neutral and Impartial Advocacy in Armed Conflicts

Ethics & International Affairs ◽

10.1017/s0892679418000904 ◽

2019 ◽

Vol 33 (1) ◽

pp. 67-77 ◽

Cited By ~ 1

Author(s):

Hugo Slim

Keyword(s):

Moral Values ◽

International Committee ◽

Armed Conflicts ◽

Red Cross ◽

Recent Experience ◽

Humanitarian Law ◽

National Interests ◽

Cultural Traditions ◽

Legal Norms ◽

Naming And Shaming

AbstractAs part of a roundtable on “Balancing Legal Norms, Moral Values, and National Interests,” this essay describes the humanitarian diplomacy of the International Committee of the Red Cross (ICRC) by comparing it conceptually with other forms of advocacy and illustrating it with the ICRC's recent experience in the Yemen crisis. Humanitarian diplomacy is examined as one particular way of balancing legal norms, moral values, and national interests in the pursuit of greater respect for international humanitarian law (IHL) and principled humanitarian action in armed conflicts. The essay looks back to ancient history for archetypal forms of humanitarian advocacy in various cultural traditions. It then describes humanitarian diplomacy's practice of discreet diplomacy and confidential dialogue with all parties to a conflict, and compares its relatively “quiet” approach with the “loud” approach of outrage activism focused on “naming and shaming,” which tends to be the norm today. The essay argues that there is an important and complementary place for the ICRC's style of humanitarian diplomacy alongside other forms of advocacy even in the face of criticism that the ICRC is sometimes publicly silent about what it knows of atrocities and avoids naming and shaming.

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LEGAL FORMS OF REALIZATION OF NATIONAL INTERESTS: THEORETICAL ASPECT

National Association of Scientists ◽

10.31618/nas.2413-5291.2021.5.74.543 ◽

2021 ◽

Vol 5 (74) ◽

pp. 52-55

Author(s):

B. Bidova

Keyword(s):

Law Enforcement ◽

Public Relations ◽

Theoretical Aspect ◽

National Interests ◽

Legal Norms ◽

Judicial Practice ◽

The Subject ◽

Legal Forms ◽

Legal Mechanism

Тhe object is a complex of public relations arising in the sphere of realization of national interests through an appropriate legal mechanism. The subject of the research are: legal norms and scientific approaches, legal categories of the theory of national interests, official documents (strategies, concepts, contracts, programs, projects, etc.) and law enforcement, including judicial, practice.

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Modern genesis of administrative and legal regulation of the security sector of Ukraine: decentralizationof power and international experience

Law and innovations ◽

10.37772/2518-1718-2021-2(34)-8 ◽

2021 ◽

pp. 67-74

Author(s):

Nelli Tsybulnyk

Keyword(s):

National Security ◽

Local Governments ◽

Armed Forces ◽

Legal Regulation ◽

Main Body ◽

Public Authorities ◽

National Interests ◽

Security Sector ◽

Legal Norms ◽

The Law

Problem setting. The issue of legal regulation of the security sector in Ukraine is one of the most pressing problems of the state. Launched in 2014, the process of decentralization has strengthened the motivation for inter-municipal consolidation in the country and still creates appropriate conditions and mechanisms, including legal, for the formation of capable territorial communities which, uniting all their efforts, will be able to solve specific pressing problems. The purpose of the research is to identify the features of administrative and legal regulation of relations in the security sector in the context of decentralization of state power to identify ways to further improve their legislation, based on the analysis of the provisions of domestic regulations Analysis of resent researches and publications. An important contribution to the study of regulatory and legal support of the security sector of Ukraine, the development of its qualitatively new model, the peculiarities of its implementation and provision were made by such scientists as Bodruk O., Duchyminska L., Ezheev M., Kolb O., Ponomarev S. and others. Article`s main body. During the development of Ukrainian statehood, the Verkhovna Rada of Ukraine began to adopt regulations aimed at regulating public relations in the field of state defense, in particular the Law of Ukraine № 19911934-XII «On the Armed Forces of Ukraine» and № 1932- XII «On the Defense of Ukraine». Later (March 25, 1992) in order to resolve legal and functional issues in the field of state security, the Law of Ukraine № 2229-XII – «On the Security Service of Ukraine» was adopted. Twelve years have passed since the proclamation of Ukraine's independence until the adoption of a single legal act that regulated the issue of national security. Administrative and legal regulation of the security sector can be defined as regulated by administrative and legal norms of the system of public authorities, which by the laws of Ukraine in order to ensure the national security of Ukraine is entrusted with the function of protecting the national interests of Ukraine from threats. Conclusions. Thus, administrative and legal regulation of the security sector is regulated by administrative and legal norms of the system of public authorities and local governments, which are responsible for the protection of national interests of Ukraine from threats, in order to ensure national security of Ukraine. The analysis of administrative and legal regulation of the security sector of Ukraine gives grounds to believe that this area significantly needs further improvement and some changes. The domestic regulatory framework governing national security and defense needs to eliminate conflicts and significantly clarify the categorical apparatus.

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National state ideology

Services in Russia and abroad ◽

10.12737/11713 ◽

2015 ◽

Vol 9 (1) ◽

pp. 104-112 ◽

Cited By ~ 2

Author(s):

Иван Мишуров ◽

Ivan Mishurov ◽

Ольга Мишурова ◽

Olga Mishurova

Keyword(s):

Social Problems ◽

Family Relations ◽

Social Groups ◽

The State ◽

Political Life ◽

Russian Government ◽

National Interests ◽

National State ◽

Legal Norms ◽

The Right

The article is devoted to justifying the need for the existence of state ideology, its national foundations and adjustments to article 13 of the Russian Constitution to delete provisions of the absence of the state ideology of the Russian Federation. State ideology is present in each state. The importance of this phenomenon has led to much attention to it by philosophers, politicians and other scientists over the past two centuries. There are different views on the concept of "ideology" and different ideological schools: liberalism, conservatism, anarchism, social democracy, socialism, and others. This diversity is defined by different needs and interests of social groups, media and spokesmen of ideological views. Ideology is an articulation of the fundamental interests of large social groups (forces) of the society, it is a system of views and ideas, which gives a complete interpretation of social and political life, its meaning, direction and prospects of showing certain ways of solving social problems. Ideologies are expressed in attitudes of communities to social problems and conflicts, objectives and generalized program of activities. The leading link here is represented by interests. It is the state who expresses and defends the national interests, regulates, as a rule, with the help of legal norms the totality of socio-political, economic, national and family relations, thus contributing to the stabilization and development of society. It has the right to have its own (state, national or multi-national state) ideology. That is why the Russian government cannot but have a nation-state ideology. That is the need for national-state ideology that is proved in this article.

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LEGAL CONVERGENCE IN THE CONTEXT OF MIGRATION PROCESSES REGULATION IN RUSSIA: STATEMENT OF THE PROBLEM

Advances in Law Studies ◽

10.29039/article_5da62000e71940.76402509 ◽

2019 ◽

Vol 7 (2) ◽

pp. 16-20

Author(s):

Варвара Богдан ◽

Varvara Bogdan ◽

Маргарита Урда ◽

Margarita Urda

Keyword(s):

Social Relations ◽

Legal Status ◽

The State ◽

Legal Consciousness ◽

National Interests ◽

Public Interests ◽

Legal Norms ◽

Legal Psychology ◽

Wide Range ◽

Unlawful Conduct

In this paper, the authors considers the problem of legal convergence on the example of migration processes, covering a wide range of social relations and affect national, public, public interests of the state. The purpose of the study to perform legal convergence in the context of regulation of migration processes in Russia, the main objectives of the study: to establish methodological approaches to the cognition of legal convergence; to show the mechanism of legal convergence; to define the essence of legal divergence; to identify methods of implementation of legal convergence; to reveal the peculiarities of the legal convergence of the elements of the system of law in the regulation of migration processes. In this study, the following methods were used: methods of collection and study of single facts; methods of compilation; methods of scientific abstraction; the methods of cognition of regularities. At the stage of collecting and studying of the isolated facts were used the methods of legal interpretation, which has revealed the content of legal norms, the will of the legislator, which is reflected in legal acts; concrete-sociological methods (observation, analysis of written sources, questionnaires, interviews); socio-psychological methods - tests of the scale, as a kind of specific sociological methods, modified for the study of legal psychology and legal consciousness of citizens, based on their lawful or unlawful conduct. On the basis of the study concluded that, establishing a special legal status of foreign citizens, the legislator reflects public interests and the interests of individuals (including foreign citizens). A measure of the convergence of natural rights and their legislative display are the national interests of balanced interests of individuals, society and the state in various spheres of life.

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Comparison of risk management regulation from a corporate governance perspective within the German and united states legal areas

Journal of Governance and Regulation ◽

10.22495/jgr_v3_i4_c1_p6 ◽

2014 ◽

Vol 3 (4) ◽

pp. 138-148

Author(s):

Remmer Sassen

Keyword(s):

United States ◽

Risk Management ◽

Corporate Governance ◽

The United States ◽

Securities And Exchange Commission ◽

Future Research ◽

Governance System ◽

National Interests ◽

Legal Norms ◽

The U.S

Risk management is one of the main corporate governance components or management tasks. This paper details a comparison of risk management regulation from a corporate governance perspective of listed stock corporations in Germany and the United States (U.S.). Obviously, there are differences and commonalities between the national legal norms and the regulatory levels of risk management in both countries. The comparison helps to understand different traditions and practices in terms of how significant corporate governance rules are for risk management. Therefore, this article intends to inspire future research on the regulation of risk management across different regions and explore the relevance of national interests in the regulation of risk management. A principal finding of the comparison is that the U.S. corporate governance system seems to be more strongly regulated than the German system. This results from the powerful and coordinating role of the U.S. Securities and Exchange Commission (SEC). Thus, the seemingly more liberal system of non-binding standards in the U.S. has a higher impact on the regulation of risk management than in Germany.

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TASKS AND PRINCIPLES OF ENSURING THE INTERACTION OF COUNTER-INTELLIGENCE BODIES WITH OTHER ENTITIES OF THE SECURITY SECTOR FOR THE PROTECTION OF NATIONAL PROTECTION

Juridical science ◽

10.32844/2222-5374-2020-106-4-2.10 ◽

2020 ◽

Vol 2 (4(106)) ◽

pp. 82-88

Author(s):

Т. І. Жук

Keyword(s):

Strategic Management ◽

National Interests ◽

Security Sector ◽

Legal Norms ◽

Administrative Procedure ◽

Intelligence Services ◽

Operational Information ◽

Foreign Intelligence ◽

Positive Results

The purpose of the article is to formulate the tasks and principles of ensuring the interaction of counterintelligence bodies with other actors in the security sector in order to protect national interests. The article is devoted to the disclosure of tasks and principles of interaction of counterintelligence bodies with other subjects of the security sector for the purpose of protection of national interests. It is determined that in the studied context the tasks answer the question why it is necessary to organize the implementation of situational or systematic jointly coordinated actions of counterintelligence bodies with other security sector entities and what positive results can be achieved by using this activity to protect national interests. It is noted that the basis for its organization and implementation should be considered the need for a permanent counterintelligence regime, ie timely receipt of operational information that will prevent the implementation of intelligence and subversive activities to the detriment of Ukraine by foreign intelligence services or organizations and groups. It is emphasized that it is not entirely appropriate to generalize the interaction of counterintelligence bodies with other actors in the security sector in order to protect national interests only by the existence of a permanent counterintelligence regime, as it has a number of other tasks – global and specific. These tasks are formed by specially authorized authorities – the strategic management of the security sector and the direct leadership of counterintelligence agencies. In order to do this correctly, efficiently and properly (within the legal norms), these entities must be guided by specific principles. They are classified into two groups – general principles of ensuring the interaction of counterintelligence bodies with other actors in the security sector in order to protect national interests related to the administrative procedure and special principles dictated by the specifics of counterintelligence activities.

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Grasping an Ought. Adolf Reinach’s Ontology and Epistemology of Legal and Moral Oughts

Acta Universitatis Lodziensis Folia Iuridica ◽

10.18778/0208-6069.90.03 ◽

2020 ◽

Vol 90 ◽

pp. 29-39

Author(s):

Lorenzo Passerini Glazel

Keyword(s):

Moral Values ◽

Moral Norms ◽

Legal Norms ◽

The Senses ◽

Common Genus ◽

Social Act ◽

Modes Of Existence ◽

The Way

We almost every day direct our actions with reference to social, moral or legal norms and oughts. However, oughts and norms cannot be perceived through the senses: how can we “grasp” them, then? Adolf Reinach distinguishes enacted norms and oughts created through a social act of enactment, from moral norms and oughts existing in themselves independently of any act, knowledge or experience. I argue that this distinction is not a distinction between two species of oughts within a common genus: it is rather a deeper ontological distinction between two modes of existence that are quite different, even though both are objective, according to Reinach. This ontological distinction is reflected in the way in which enacted oughts and moral oughts can be grasped, respectively: in the former case, the enacted ought is grasped by going back to the underlying social act from which it springs; in the latter, a “grasping through feeling” (fühlende Erfassen) of the moral values is implied.

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