The Urban Pushback: International Law as an Instrument of Cities

2019 ◽  
Vol 113 ◽  
pp. 119-123
Author(s):  
Janne E. Nijman
Keyword(s):  
International Law ◽  
Research Field ◽  
Study Group ◽  
New Research ◽  
The Relationship

For a start, I would like to thank Veronika Fikfak for the invitation and initiating this panel. In my brief remarks, I aim to do three things. First, I would like to discuss briefly the development of the relationship between “cities and international law” and consequently the formation of a new research field. I will illustrate this formation by mentioning briefly two projects I am leading with friend and colleague Helmut Aust (Berlin): the ILA Study Group on “The Role of Cities in International Law” and a research handbook on the theme of cities and international law. I will end with some remarks regarding a paper I am currently working on: “The Urban Pushback”. The relationship between cities and international law is complex and multi-faceted. For the purpose of this Conference's Panel, my remarks focus on how international law has become an instrument of cities.

The International Legal Personality of the Individual

2018 ◽  
Author(s):  
Astrid Kjeldgaard-Pedersen
Keyword(s):  
International Law ◽  
Legal Rights ◽  
Legal Personality ◽  
Legal Norms ◽  
State Of Affairs ◽  
The Individual ◽  
International Legal Personality ◽  
The Relationship ◽  
Second World

This book scrutinizes the relationship between the concept of international legal personality as a theoretical construct and the position of the individual as a matter of positive international law. By testing four main theoretical conceptions of international legal personality against historical and existing international legal norms that govern individuals, the book argues that the common narrative about the development of the role of the individual in international law is flawed. Contrary to conventional wisdom, international law did not apply to States alone until the Second World War, only to transform during the second half of the twentieth century to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is—and always was—solely contingent upon the interpretation of international legal norms. It follows, of course, that the entities governed by a particular norm tell us nothing about the legal system to which that norm belongs. Instead, the distinction between international and national legal norms turns exclusively on the nature of their respective sources. Against the background of these insights, the book shows how present-day international lawyers continue to allow an idea, which was never more than a scholarly invention of the nineteenth century, to influence the interpretation and application of contemporary international law. This state of affairs has significant real-world ramifications as international legal rights and obligations of individuals (and other non-State entities) are frequently applied more restrictively than interpretation without presumptions regarding ‘personality’ would merit.

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.

scholarly journals ON THE ISSUE OF SYSTEMATIZATION AND SYSTEMATIZATION OF THE BRANCH OF INTERNATIONAL CUSTOMS LAW

2021 ◽  
Vol 6 (11(61)) ◽  
pp. 77-82
Author(s):  
Nina A. Ronzhina ◽  
Yaroslav V. Okhrimenko
Keyword(s):  
International Law ◽  
The Relationship

The article is devoted to the theory of taxonomy of the branch of international customs law (ICL). The article considers scientific positions and innovations that touch upon the issues of consistency and systematization of the industry in the context of established international customs relations. The authors investigate the relationship between the sign of consistency and the processes of theoretical systematization of the industry, prove the presence in its structure of a full complex of backbone elements necessary to establish the place and role of the ICC in the system of international law.

Governing International Cooperation in Criminal Matters: The Role of the aut dedere aut judicare Principle

2018 ◽  
Vol 18 (2) ◽  
pp. 244-274 ◽  
Author(s):  
Andrea Caligiuri
Keyword(s):  
International Law ◽  
International Cooperation ◽  
Legal Nature ◽  
The Status ◽  
Criminal Matters ◽  
The Relationship ◽  
Over Time

The aim of the study is to ascertain how the original Grotian formula ‘aut dedere aut punire’ has been implemented and evolved in international law. The first step is to classify the multilateral conventions that have accepted an aut dedere aut judicare clause. The goal is to bring out peculiarities of the different treaty texts, describing the relationship between the two options dedere and judicare, and the different obligations that arise for the contracting states. We will then examine the content of the two options, to define the legal boundaries within which the contracting states shall or may operate. At this point, we will focus on the legal nature of the aut dedere aut judicare principle that over time may have risen to the status of customary rule. The study will conclude with analysis of reactions to the breach of the aut dedere aut judicare clause by non-complying countries.

scholarly journals The Lyotropic Analog of the Polar SmC* Phase

Crystals ◽  
2019 ◽  
Vol 9 (11) ◽  
pp. 568 ◽  
Author(s):  
Bruckner ◽  
Giesselmann
Keyword(s):  
Orientational Order ◽  
Research Field ◽  
Lyotropic Liquid Crystal ◽  
Clear Cut ◽  
Smectic C ◽  
Molecular Features ◽  
Scientific Context ◽  
Characteristic Features ◽  
New Research ◽  
The Relationship

Only six years ago, the first clear-cut example of a ferroelectric, lyotropic liquid crystal was discovered. Since then, ongoing investigations in this new research field provided numerous instances of the missing pieces to complete the formerly blank picture of the lyotropic smectic C* (SmC*) phase. In this review we wanted to combine these new results and put them into a wider historical and scientific context. We start by giving an introduction about characteristic features of the well-known thermotropic SmC* phase and why it is so difficult to find a lyotropic equivalent of this fascinating phase. After discussing early examples of achiral lyotropic and swollen SmC phases, we recap the discovery of the first lyotropic SmC* phase. The molecular features necessary for its formation and its properties are analyzed. We place special emphasis on discussing the long-range orientational order of the tilt direction and the corresponding chirality effects. By comparing these exceptional features with thermotropic and swollen SmC* phases, we aim to improve not only the understanding of the lyotropic SmC* phase, but also of the relationship between thermotropic and lyotropic systems in general.

Research on Excitation & Measurement Strategy of Tuber Electrical Resistance Tomography System

2014 ◽  
Vol 577 ◽  
pp. 701-704 ◽  
Author(s):  
Xiang Deng ◽  
Zhao Dong ◽  
Lu Chen ◽  
Hao Liu
Keyword(s):  
Electrical Resistance ◽  
Research Field ◽  
Soil Environment ◽  
Electrical Resistance Tomography ◽  
Tomography System ◽  
Measurement Strategy ◽  
Process Tomography ◽  
New Varieties ◽  
New Research ◽  
The Relationship

The non-invasion electrical process tomography of plant tuber or root is a new research field in the accurate cultivation of plants. Tuber Electrical Resistance Tomography (TERT) is aimed to extend the application of the technology into agriculture, which can help improving and breeding new varieties of the crops. This paper mainly studies excitation & measurement strategy. Especially the influences on distribution of sensitive field brought by the width and numbers of the array electrodes in the soil environment are analyzed. Besides, the relationship between the electrical conductivity and the measured boundary voltages is also discussed.

Peace Settlements and the Prohibition of the Use of Force

2016 ◽  
Author(s):  
Martin Wählisch
Keyword(s):  
International Law ◽  
Use Of Force ◽  
Peace Agreements ◽  
Un Security Council ◽  
Peace Enforcement ◽  
The Relationship ◽  
Legal Consequences ◽  
Peace Treaties ◽  
Peace Settlements

This chapter explores the relationship between peace settlements (which encompass truces, armistices, ceasefires, and peace agreements) and the prohibition of the use of force. It begins by discussing the role of peace treaties in prohibiting the use of force, the consequences of non-compliance with peace settlements, and previous experiences in enforcing ceasefires and peace agreements. It then considers the elements of the applicable normative framework in international law, including the legal basis of peace treaties and the legal consequences of their breach. The chapter concludes by analysing the implementation mechanisms for peace settlements, with particular reference to the practice of monitoring and peace enforcement missions authorized by the UN Security Council.

Domestic courts, transnational law, and international order

2020 ◽  
Vol 26 (1_suppl) ◽  
pp. 184-208 ◽  
Author(s):  
Filiz Kahraman ◽  
Nikhil Kalyanpur ◽  
Abraham L. Newman
Keyword(s):  
International Law ◽  
International Order ◽  
International Diffusion ◽  
Conflict And Cooperation ◽  
Transnational Law ◽  
National Courts ◽  
Political Opportunities ◽  
Domestic Courts ◽  
The Relationship

This article revisits the relationship between law and international order. Building on legal research concerned with transnational law, we argue that domestic courts are endogenous sites of international political change. National courts are constitutive of international order by generating new rules, adjudicating transnational disputes, and bounding state sovereignty. We illustrate the ways in which national courts create new political opportunities by updating three core international relations theory debates. Recognizing the role of domestic courts as global adjudicators enhances our understanding of regime complexity and international forum shopping. By re-interpreting aspects of conventional international law, and engaging in cross-border dialogue, domestic courts challenge our understanding of international diffusion and judicialization. By redefining the boundaries of state authority and sovereignty, national courts create potential for conflict and cooperation. A transnational law perspective illustrates the porous nature between domestic and international spheres, highlighting how domestic courts have become adjudicators for state and non-state actors that operate across mainstream levels of analysis. Our approach calls on scholars to move beyond analyzing national legal systems as mechanisms of compliance to instead consider domestic courts as co-creators of international order.

What Future for the UN Charter System of War Prevention?

2003 ◽  
Vol 97 (3) ◽  
pp. 590-598 ◽  
Author(s):  
Richard A. Falk
Keyword(s):  
United Nations ◽  
International Law ◽  
Security Council ◽  
United Nations Security Council ◽  
Sovereign State ◽  
Un Security Council ◽  
Inspection Process ◽  
The United Nations ◽  
The Relationship

President George W. Bush historically challenged the United Nations Security Council when he uttered some memorable words in the course of his September 12, 2002, speech to the General Assembly: “Will the UN serve the purpose of its founding, or will it be irrelevant?” In the aftermath of the Iraq war there are at least two answers to this question. The answer of the U.S. government would be to suggest that the United Nations turned out to be irrelevant due to its failure to endorse recourse to war against the Iraq of Saddam Hussein. The answer of those who opposed the war is that the UN Security Council served the purpose of its founding by its refusal to endorse recourse to a war that could not be persuasively reconciled with the UN Charter and international law. This difference of assessment is not just factual, whether Iraq was a threat and whether the inspection process was succeeding at a reasonable pace; it was also conceptual, even jurisprudential. The resolution of this latter debate is likely to shape the future role of the United Nations, as well as influence the attitude of the most powerful sovereign state as to the relationship between international law generally and the use of force as an instrument of foreign policy.

scholarly journals The Will and Authority of the Security Council after Iraq

2004 ◽  
Vol 17 (4) ◽  
pp. 645-672 ◽  
Author(s):  
NIGEL D. WHITE
Keyword(s):  
International Law ◽  
Security Council ◽  
Use Of Force ◽  
Corporate Body ◽  
Executive Action ◽  
The Will ◽  
One Year ◽  
The Relationship ◽  
Invasion Of Iraq

One year after the invasion of Iraq, what lessons are to be drawn about the role of the Security Council in peace and security? This article looks at the issue by considering the nature of the Security Council in its dual functions as a forum for diplomacy and a corporate body for executive action. The idea of the Security Council's possessing a separate will in its executive function is developed. The article stresses the importance for the authority of the Council of that organ expressing its will within the legal parameters of the Charter and international law. It is argued that similar legal parameters are also applicable to the permanent members in exercising their power of veto and in interpreting resolutions. Further, when interpreting resolutions member states should not misconstrue the will of the Council. The Iraq crisis of 2003 raised all these issues and, further, necessitated a reappraisal of the rules of international law governing the use of force. This article considers the relationship between diminution in Council authority and erosion of the rules of the UN Charter governing the threat or use of force in international relations.

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