scholarly journals Are There Any Inherently Public Functions for International Law?

AJIL Unbound ◽  
2021 ◽  
Vol 115 ◽  
pp. 302-306
Author(s):  
Eyal Benvenisti
Keyword(s):  
International Law ◽  
Global Governance ◽  
International Organizations ◽  
The State ◽  
Point Of View ◽  
The Other ◽  
Self Determination ◽  
Human Right ◽  
Private Actors

In “Are There ‘Inherently Sovereign Functions’ in International Law?”, Frédéric Mégret provides a deeply insightful reflection on “the essence of the state” from the point of view of international law, outlining a theory about the inherently sovereign functions in international law. He carefully identifies existing norms of international law that articulate certain public functions to be performed solely by the state rather than delegating them to private actors. Mégret offers functional and intrinsic rationales, suggesting that individuals have a right to benefit from certain public functions exercised by state authority, such as legislation and adjudication, what perhaps could be termed “the human right to the state.” In this essay, I suggest that it is indeed possible to derive such demands from the requirements of stable and sustainable governance that are embedded in the concept of sovereign responsibility, as well as from the rights associated with democracy and self-determination. I further argue that Mégret's inquiry can and must be extended also to explore the other side of the coin: the role of international law in facilitating (and possibly limiting) the delegation of public authority to unaccountable international organizations and other global governance bodies.

Populus Interruptus: Self-Determination, the Independence of Kosovo, and the Vocabulary of Peoplehood

2009 ◽  
Vol 22 (4) ◽  
pp. 677-702 ◽  
Author(s):  
ZORAN OKLOPCIC
Keyword(s):  
Global Governance ◽  
Political Community ◽  
The Other ◽  
Self Determination ◽  
New Interpretation ◽  
The One ◽  
External Actors

AbstractThis article uses the contested independence of Kosovo as an opportunity to re-examine the theoretical imagery behind the concept of self-determination, and then confront those findings with the more recent approaches to polity formation from other theoretical genres: normative theories of secession, on the one hand, and the global governance approach to self-determination, on the other. What emerges from the encounter between these bodies of thought is not a new interpretation, or a theory of self-determination and its relationship to uti possidetis, but rather a plea for an approach to polity formation which is simultaneously critical and prudential. That is, an approach which would accept the role of external actors as inevitable, but goes further and unmasks them as complicit in labelling certain projects as ‘civic’ and ‘multicultural’ on the one hand and ‘ethno-nationalist’ on the other. Equally, the proposed approach reveals the ever-present aspiration to unanimity as a concealed ideal of polity formation, shared by both the ‘civic’ and the ‘ethnic’ variants of self-determination. Finally, this approach to polity formation sketches the contours of an alternative, thin vision of a political community – one not wearing the badge of peoplehood – one glued together not by normative imperatives of participation and solidarity, but rather by the acknowledgement of geopolitical fiat.

4. International organizations, states, and global governance

2021 ◽  
pp. 69-90
Author(s):  
Nicole Scicluna
Keyword(s):  
Nineteenth Century ◽  
European Union ◽  
International Relations ◽  
United Nations ◽  
International Law ◽  
Global Governance ◽  
International Organizations ◽  
The European Union ◽  
Western Values

This chapter evaluates global governance and how it relates to international law. It addresses the role of international organizations in processes of global governance, charting their rise from the nineteenth century onwards. Two international organizations exemplify semi-legalized governance beyond the state: the United Nations and the European Union. Sovereign states, of course, continue to play a central role in the institutions, processes, and mechanisms of global governance. The chapter then explores the extent to which a state’s power, influence, and legitimacy are affected by factors such as its domestic political arrangements and its adherence to the liberal, Western values that underpin the postwar order. It also assesses whether the proliferation of legalized and semi-legalized global governance regimes amounts to a constitutionalization of international relations.

scholarly journals ISIL in Iraq: A Critical Analysis of the UN Security Council’s Gendered Personification of (Non)States

Laws ◽  
2022 ◽  
Vol 11 (1) ◽  
pp. 5
Author(s):  
Faye Bird
Keyword(s):  
Discourse Analysis ◽  
International Law ◽  
Security Council ◽  
Critical Analysis ◽  
The State ◽  
The Other ◽  
Islamic State ◽  
Feminist Theories ◽  
Legal Subjects

Legal feminist theories have troubled dominant conceptions of statehood, revealing the threat of the ‘Other’ as integral to the hegemonic masculinity of powerful states. In this paper I provide a critical gendered discourse analysis of the UN Security Council’s response to the Islamic State of Iraq and Syria (ISIL). I consider the role of personification in constituting legal subjects as states (persons) and excavate this from the Council’s resolutions concerning Iraq. In constituting ISIL as a barbaric, hypermasculine terror group in relational opposition to the state of Iraq, the Council draws on gendered normativities ordinarily veiled by seemingly objective legal criteria as to the creation of states. Whilst the state of Iraq is constituted through the hegemonic model of statehood, one premised upon democratic, liberal Westphalian ideals, it is still subject to the paternalism of the Security Council. In this way, the state of Iraq is framed as failing to reach a particular masculine standard of statehood, and is thus subject to the continuation of ‘civilising’ discourses. Thus, instead of asking whether ISIL is or is not a state under international law, it is revealing to consider how responses to it work to maintain and (re)produce a graded, hierarchical international community of states.

Emerging Informal Network Structures in Global Governance Inside the Anti-Money Laundering Regime

2008 ◽  
Vol 77 (4) ◽  
pp. 509-531 ◽  
Author(s):  
Marie Wilke
Keyword(s):  
International Law ◽  
Money Laundering ◽  
Global Governance ◽  
Governance System ◽  
Public Networks ◽  
Transgovernmental Networks ◽  
The Right ◽  
Private Actors ◽  
Regulatory Decisions

AbstractDuring the last decades a global governance system consisting of various decision-making arenas, shifting regulatory decisions from the domestic to the global level, has emerged. It includes informal but institutionalised transgovernmental networks, private actors such as financial institutions, hybrid private-public networks and enforcement cooperations. This essay argues that the system exhibits a democratic deficit. By analysing this claim based on the 'Anti Money Laundering Regime' (AML regime), in section two it will become clear that the deficit does not just derive from loose procedural problems such as insufficient transparency but in general from the apolitical and rather technical nature of the system itself. Section three will then proceed to analyse proposed reactions, mainly the idea of a global administrative law. However, it will not only consider the immanent critiques, but also address the problem of a functionalised world and raise and discuss the question whether the approach of 'instrumentalising' international law is the right reaction and first and foremost the future role of international law.

Human rights: a reply to Geoffrey Best

1991 ◽  
Vol 17 (1) ◽  
pp. 87-94
Author(s):  
Tony Evans
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Early Years ◽  
Self Determination ◽  
Social Rights ◽  
Human Right ◽  
Personal Qualities ◽  
The United Nations

Geoffrey Best's article ‘Whatever Happened to Human Rights9 in the January 1990 issue of the Review touches upon many important questions which are well known to human rights scholars. These include such political, legal and philosophical difficulties as defining the concept of self-determination, the prospects for implementing certain economic and social rights and the role of international law in improving human right standards. By examining the work of René Cassin in his role as a member of the Commission for Human Rights during the early years of the United Nations, Best points to these difficulties while attempting to achieve two further objectives. The first is to provide an appreciation of Cassin's personal qualities, and the second, to demonstrate that had Cassin's views been more closely adhered to human rights would in some way be healthier today. Although Best's article is the edited text of a lecture, and is consequently not the tightly argued piece we might expect from a more considered paper prepared especially for publication, several of his claims are either questionable or mistaken.

scholarly journals A SAECULARIS GONDOLAT MINT IRODALOMALAKÍTÓ TÉNYEZÔ RÓMÁBAN

2001 ◽  
Vol 45 (1-2) ◽  
pp. 75-112
Author(s):  
LÁSZLÓ HAVAS
Keyword(s):  
Early Period ◽  
The State ◽  
Point Of View ◽  
The Other ◽  
Special Role ◽  
De Re ◽  
Roman Literature ◽  
Other Hand ◽  
The One

The author had already demonstrated in a previous essay of his, that Cicero's De re publica was written in the period, when, either we take the new time of Atticus-Varro (753 BC) or the earlier time of Cato Senior (751/750 BC) as a basis, Rome celebrated the 700th anniversary of its existence. From this point of view the Ciceronian dialogue is an occasional work, which was made for the jubilee of Rome, yet in order to find a remedy for the Roman state facing such a crisis, so to speak a fatal danger. Cicero, from this viewpoint, would have been ready to take the special role of the moderator or the rector rei publicae (cf. rep., 2,52), of the person, who depends on his own honor and authority in the first place without any official commission. In this respect he renewed Cato Senior's intellectual inheritance, who published his Origines in a last, revised form in 149 BC, because on the one hand he wanted to introduce the glory of Rome, which city was born exactly 600 years earlier according to Cato's chronology, on the other hand Cato himself, not as a magistratus, but as the owner of his ancient authority, wanted to keep the state in balance, moreover to improve its situation. At the same time Cicero's state ideal seems to be closer to Scipio Aemilianus' conception indeed, that is why the author makes him the leading character of the dialogue, furthermore he dates the imaginary discussion to 129 BC, when Rome celebrated the 600th anniversary of its foundation according to Cincius Alimentus' chronology. By so doing the author of De re publica uses more time levels, confronting 149 BC, 129 BC and 53/51 BC, and all of these dates can be understood as certain Roman anniversaries. This essay demonstrates that Cicero wanted to present actually his own consular year, 63 BC as annus fatalis, and by this he partly continued the initiative of Marius and Sulla, preparing at the same time Augustus' ideology connected to the ludi saeculares of 17 BC, which considerably determined the whole mentality of Roman literature in the early period of empire. Therefore the saecularis idea can be rightly considered to be the Roman civilization's literature-creating factor.

scholarly journals Global Peace Governance Justice and Sustainable Development of Economies

2018 ◽  
Vol 6 (3) ◽  
pp. 91-136
Author(s):  
Unmana Sarangi
Keyword(s):  
Sustainable Development ◽  
Economic Development ◽  
United Nations ◽  
Global Governance ◽  
International Organizations ◽  
International Institutions ◽  
Developing Economies ◽  
The Other ◽  
Global Peace

The research paper entitled “Global Peace, Governance, Justice and Sustainable Development of Economies” focuses on detailing the aspects of global peace, governance issues and analyzes the global economic systems and the various international organizations that work in coordination with the other national and international organizations, civil societies, NGOs to attain peace, justice and effective global governance, to achieve SDGs and sustainable development slated by UN by the turn of 2030. It also studies the various issues pertaining to developing new economic partnerships for SDGs and the role of private multilateral international institutions in effective implementation of the SDGs of UN through a proper and effective coordination and working in synergy with these institutions with UN on the one hand and the other related national and international institutions such as other private multilateral institutions, NGOs, civil societies, world class academic institutions on the other to attain peace, governance, justice and SDGs. The aspect-wise review of literature i.e. global peace, governance, justice and SDGs has been reflected in brief studied by various authors. The functions of the various international organizations such as IMF, World Bank and WTO etc., in providing financial assistance and in developing rules and frameworks to achieve these objectives have also been studied. The role and functions of United Nations with regards to promotion of new global partnerships, peace, and governance including the role of private international organizations and multiregional trade complexes have also been highlighted. It is observed that the purpose of these international institutions which were created, were primarily to provide financing to the developing organizations including framing of rules and procedures for effective and harmonious global economic development. However, the tilt is towards giving more attention to developed economies and the focus on developing economies has been minimal. This has jeopardized the growth and development of these developing economies and reduced their participation and stakeholdership in the global forum/international community to attain effective and proper global economic development. This has posed a serious challenge to attain global peace, effective global governance and in turn promotion of SDGs. Hence, it would be appropriate and in the fitness of things to confer adequate and proper autonomy to these national institutions of importance working in various developing economies/countries to carve a niche for themselves to participate in adequate representations to make the international/global agenda as slated by UN, effective and successful. This in turn would definitely go a long way in attaining global peace, governance and justice and in achieving the SDGs by turn of 2030 as adopted by United Nations.

Arthroscopy in Arthrosis: Is It Worth it? A case Presentation

2018 ◽  
Vol 69 (8) ◽  
pp. 2232-2235
Author(s):  
Marius Moga ◽  
Mark Edward Pogarasteanu ◽  
Antoine Edu
Keyword(s):  
Clinical Status ◽  
Loose Body ◽  
Point Of View ◽  
The Other ◽  
Joint Range Of Motion ◽  
Objective Evidence ◽  
Before And After ◽  
Total Knee ◽  
Joint Range

The role of arthroscopy in incipient and mild arthrosis, even combined with proximal tibial ostetomy, is well known and well documented. On the other hand, its role in the treatment of advanced arthrosis of the large joints, especially the knee, is a subject of controversy. The proponents of the use of arthroscopy in advanced arthrosis claim that meniscectomy, synovectomy, ostophytectomy, chondral lesion stabilization, arthroscopic release, plica and loose body removal greatly improve the quality of life for most patients, especially if followed by the use of viscoelastic injection, by diminishing pain and improving joint range of motion. The opponents claim that, even though the advantages are clear in the cases that refuse arthroplasty, in all the other cases the surgical indication should be total knee arthroplasty, as the clinical relief is temporary, but with all the risks of a surgical intervention. We have conducted an overview of the recent literature, in order to find objective evidence to sustain either point of view. We focused on articles published that included an objective measurement of before and after clinical status through clinical scores and objective measurements. We also focused on the follow-up period and on the evolution of the pathology after arthroscopy.

Territorial Sovereignty

2019 ◽  
Author(s):  
Anna Stilz
Keyword(s):  
Natural Resources ◽  
International Law ◽  
International System ◽  
Core Values ◽  
The State ◽  
Self Determination ◽  
Territorial Sovereignty ◽  
Collective Self ◽  
Political Units ◽  
Territorial States

This book offers a qualified defense of a territorial states system. It argues that three core values—occupancy, basic justice, and collective self-determination—are served by an international system made up of self-governing, spatially defined political units. The defense is qualified because the book does not actually justify all of the sovereignty rights states currently claim and that are recognized in international law. Instead, the book proposes important changes to states’ sovereign prerogatives, particularly with respect to internal autonomy for political minorities, immigration, and natural resources. Part I of the book argues for a right of occupancy, holding that a legitimate function of the international system is to specify and protect people’s preinstitutional claims to specific geographical places. Part II turns to the question of how a state might acquire legitimate jurisdiction over a population of occupants. It argues that the state will have a right to rule a population and its territory if it satisfies conditions of basic justice and facilitates its people’s collective self-determination. Finally, Parts III and IV of this book argue that the exclusionary sovereignty rights to control over borders and natural resources that can plausibly be justified on the basis of the three core values are more limited than has traditionally been thought.

scholarly journals Designing for international law: The architecture of international organizations 1922–1952

2020 ◽  
pp. 1-22
Author(s):  
Miriam Bak McKenna
Keyword(s):  
New York ◽  
International Law ◽  
International Organizations ◽  
International Organization ◽  
International Labour Organization ◽  
The Relationship ◽  
Physical Manifestation ◽  
Insight Into ◽  
Do So

Abstract Situating itself in current debates over the international legal archive, this article delves into the material and conceptual implications of architecture for international law. To do so I trace the architectural developments of international law’s organizational and administrative spaces during the early to mid twentieth century. These architectural endeavours unfolded in three main stages: the years 1922–1926, during which the International Labour Organization (ILO) building, the first building exclusively designed for an international organization was constructed; the years 1927–1937 which saw the great polemic between modernist and classical architects over the building of the Palace of Nations; and the years 1947–1952, with the triumph of modernism, represented by the UN Headquarters in New York. These events provide an illuminating allegorical insight into the physical manifestation, modes of self-expression, and transformation of international law during this era, particularly the relationship between international law and the function and role of international organizations.

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