Introductory Remarks by Amat Al Alim Alsoswa

2020 ◽  
Vol 114 ◽  
pp. 157-159
Author(s):  
Amat Al Alim Alsoswa
Keyword(s):  
International Law ◽  
Annual Meeting ◽  
Interest Group ◽  
Rule Of Law ◽  
Transitional Justice ◽  
Innocent People ◽  
Economic Discrimination ◽  
Legal Structures ◽  
Racial Ethnic

This panel was organized by ASIL’s “Transitional Justice and Rule of Law” Interest Group. In an Annual Meeting focused upon “the promise of international law,” the Interest Group proposed for discussion the topic of “Transitional Justice in a Hostile Climate.” To be completely frank, transitional justice always faces a hostile climate. The calls for justice for innocent people injured by war, lawless governmental authorities, and political and legal structures supporting gender, racial, ethnic, and economic discrimination must be addressed. And the climate is, if anything, increasingly hostile.

Stakeholder Theory and Justice Issues: The Leap from Business Management to Contemporary International Law

2010 ◽  
Vol 10 (2) ◽  
pp. 143-180
Author(s):  
Bronik Matwijkiw ◽  
Anja Matwijkiw
Keyword(s):  
United Nations ◽  
International Law ◽  
Stakeholder Theory ◽  
Rule Of Law ◽  
Transitional Justice ◽  
Business Management ◽  
Secretary General ◽  
The Rule Of Law ◽  
Post Conflict ◽  
The United Nations

AbstractIn this article, the two authors examine the leap from business management to contemporary international law in the context of stakeholder theory. Because stakeholder theory was developed for business management, they provide a thorough account of the original framework. Furthermore, to illustrate the theory's application as a recently adopted parameter for the United Nations, they use former Secretary-General Kofi Atta Annan's 2004-report to the Security Council, "The Rule of Law and Transitional Justice in Conflict and Post-Conflict Societies". Proceeding on the hypothesis that while all premises ultimately match traditional positions in general jurisprudence, it appears that stakeholder theory nevertheless forces the United Nations to take sides in an unprecedented manner, especially pertaining to rights-typology and the credentials-checking for this. Finally, some of the most important implications are distilled as part of an attempt to formulate a few recommendations for United Nations justice managers and administrators.

scholarly journals The Idea of Effective International Law: Continuing the Discussion

AJIL Unbound ◽  
2014 ◽  
Vol 108 ◽  
pp. 91-92 ◽  
Author(s):  
Vijay Padmanabhan
Keyword(s):  
International Law ◽  
Annual Meeting ◽  
Interest Group ◽  
Legal Theory ◽  
Panel Discussion ◽  
Legal Norms ◽  
Empirical Question ◽  
Biennial Conference ◽  
American Society

The joint 108th American Society of International Law (ASIL) Annual Meeting and 76th International Law Association (ILA) Biennial Conference was organized under the theme “The Effectiveness of International Law.” In conjunction with this theme, the ASIL Legal Theory Interest Group hosted a panel discussion exploring the theoretical dimensions of the concept of “effectiveness” as understood in international law. Panelists discussed three related questions: (1)Is the effectiveness of international law an empirical question measured through evaluating compliance with international legal norms?(2)What conceptions of effectiveness might exist beyond compliance? Could such conceptions be captured in theoretical or moral terms?(3)Why is international law concerned with effectiveness at all?

The ‘Rule of Law’ and International Political Economy: Starting a conversation

2007 ◽  
Vol 28 (2) ◽  
Author(s):  
Christopher May
Keyword(s):  
Political Economy ◽  
International Law ◽  
Rule Of Law ◽  
Research Agenda ◽  
International Political Economy ◽  
Legal Regime ◽  
Global System ◽  
The Rule Of Law ◽  
Legal Structures ◽  
International Rule

AbstractAlthough there have always been some scholars in International Political Economy (IPE), who have acknowledged the importance of (international) law, even in recent writing on global governance the actuality of legal structures is often unexamined, and the valorisation of the ‘rule of law’ accepted relatively uncritically. Thus, while certainly there has been a frequent examination of parts of the global legal regime (international law in various sectors, or issue areas) few if any scholars have attempted a more general account of the ‘rule of law’ as it relates to IPE. This article develops a research agenda for establishing a more robust and detailed account of law in IPE, focussing on the ‘rule of law’ as a crucial entry point for IPE-based analysis to fruitfully engage with legal scholars. The article begins to lay the ground work for a multi-disciplinary account of the international rule of law, that would question the sometime casual reification of law, and seek to understand why increasingly the ‘rule of law’ is seen as a master value of the global system.

Os crimes contra os direitos humanos praticados na ditadura militar brasileira: Justiça de transição e persecução penal

2020 ◽  
Author(s):  
Marcos José Pinto
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Transitional Justice ◽  
Criminal Prosecution ◽  
Military Dictatorship ◽  
Criminal Offenders ◽  
State Agents ◽  
Democratic Rule

This book aims to analyze the crimes against human rights that offended the Democratic Rule of Law in Brazil, committed by state agents in the Brazilian military dictatorship (1964/1985), asserting that they remained unpunished. In view of this, to address this issue, it is proposed that criminal offenders be held liable. The issue of our slow Transitional Justice will also be examined, arguing for the criminal prosecution of state agents who violated human rights in Brazil, demonstrating how and how this can occur, all in order to move away from impunity, hitherto guaranteed by the Brazilian Amnesty Law, ensuring the effectiveness of justice and the strengthening of democracy.

Cardinal Richelieu between Vattel and Machiavelli

2018 ◽  
Author(s):  
Anthony Carty
Keyword(s):  
Seventeenth Century ◽  
International Law ◽  
Rule Of Law ◽  
Natural Law ◽  
Historical Research ◽  
Practical Implementation ◽  
The Rule Of Law ◽  
God's Will ◽  
Legal Thought ◽  
Rule Of Reason

The view that no form of international law existed in seventeenth-century France, and that this time was a part of ‘prehistory’, and thus irrelevant for international legal thought today is challenged. In addition, the traditional claim of Richelieu to be an admirer of Machiavelli and his Ragion di Stato doctrine to the detriment of the aim of concluding treaties and keeping them (as sacred), is refuted by careful historical research. In Richelieu’s thinking, there is a role for law to play but it is law as justice, law in the classical natural law tradition. Those who rule are subject to the rule of law as justice, the rule of God, or the rule of reason. In Richelieu’s world, kings and ministers are rational instruments of the practical implementation of God’s will on earth.

The Universal Rule of Law in the Thought of the Late Medieval Jurists of Roman and Canon Law

2018 ◽  
Author(s):  
Joseph Canning
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Canon Law ◽  
Research Question ◽  
Late Medieval ◽  
Legal Structure ◽  
Vertical Relationship ◽  
New Research ◽  
Universal Rule ◽  
Universal Application

Late medieval Roman and canon law jurisprudence provided the origins of European notions of a universal rule of law in two senses: a legal order of universal extent and a structure of higher norms of universal application. Whereas modern international law is primarily concerned with the horizontal relationship between states, medieval jurists mainly considered the vertical relationship between universal and territorial powers. They developed de iure–de facto arguments to justify a plurality of sovereign states within an overall universal legal structure. Contributions to the elaboration of theories of just war were also made. We must be cautious about claiming that late medieval jurists contributed to the development of early international law as normally understood. Nevertheless, early-modern theorists of international law referred back to the work of their medieval juristic predecessors. A new research question is emerging about the usefulness of using the term ‘international’ in interpreting medieval jurists.

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