The State and the Rule of Law in a Mixed Economy. By Wolfgang Friedmann, formerly Professor of International Law at Columbia University. [London: Stevens & Sons. 1971. vii, 101 and (Index) 3 pp. £2”00 net.] - Government Enterprise. Edited by Friedmann Wolfgang and J. F. Garner. (British Institute Studies in International and Comparative Law, No. 5). [London: Stevens & Sons. 1970. xii, 341 and (Index) 9 pp. £4”50 net.]

1973 ◽  
Vol 32 (1) ◽  
pp. 168-171
Author(s):  
J. A. Farmer
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Comparative Law ◽  
The State ◽  
Columbia University ◽  
Mixed Economy ◽  
The Rule Of Law ◽  
British Institute ◽  
Government Enterprise

scholarly journals Ordre du droit et droit de l'ordre

2005 ◽  
Vol 28 (3) ◽  
pp. 699-729
Author(s):  
Jacques Zylberberg
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Rule Of Law ◽  
International Organizations ◽  
The State ◽  
Political Rights ◽  
Sovereign State ◽  
The Rule Of Law ◽  
Civil And Political Rights

This essay undertakes a review of national and international law to demonstrate that law is mainly an ideological and variable instrument of the State and of the United Nations, which is a by-product of the states. In this perspective, the author opposes the pragmatical ideology of resistance against the sovereign state to the juridical legitimation and the behaviour of the States who reluctantly have conceded some civil and political rights. Those rights are endangered by the growing bureaucratization of the state, the inflation of the juridical norms and rules, in addition to the permanent repressive characters of the State. The criticism of the contradiction and the variation of the rule of law when it relates to "human rights" is also extended to international law as well as to the international organizations.

The Paradox of “Just War” in Rousseau's Theory of Interstate Relations

2015 ◽  
Vol 109 (2) ◽  
pp. 314-325 ◽  
Author(s):  
BLAISE BACHOFEN
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Just War ◽  
The State ◽  
Interstate Relations ◽  
Law Of War ◽  
The Rule Of Law ◽  
External Relations ◽  
The Law ◽  
Utopian Theory

In theSocial Contract, Rousseau declares that he has given up the idea of discussing the “external relations” of states. Yet numerous texts—including a recently reconstituted work about the law of war—show that he thought very seriously about the question of the nature and origin of war and of the possibility of making war subject to the rule of law. Rousseau, in contrast to Hobbes, links war's appearance to that of the sovereign states; the state of war is therefore the necessary result of international relations. Moreover, he considers the international law as chimerical. How can he then conceive a non-utopian theory of “just war”? My hypothesis is that his conception of the law of war is deduced from principles of internal political law and arises from pragmatic necessity. The state that discredits itself in its manner of waging war weakens itself while believing that it is reinforcing itself.

scholarly journals The State and the Rule of Law in a Mixed Economy

1972 ◽  
Vol 72 (4) ◽  
pp. 788
Author(s):  
Eugene V. Rostow ◽  
W. Friedmann
Keyword(s):  
Rule Of Law ◽  
The State ◽  
Mixed Economy ◽  
The Rule Of Law

THE DESOVEREIGNIZATION OF THE STATE: DEVIATION FROM THE PRINCIPLES OF INTERNATIONAL LAW OR AN OBJECTIVE NECESSITY

2018 ◽  
pp. 68-77
Author(s):  
Aleksey Vladimirovich Kondratyev ◽  
Svetlana Viktorovna Vorobyeva
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
The State ◽  
State Sovereignty ◽  
Limiting State ◽  
National Interests ◽  
The Rule Of Law ◽  
Economic Support ◽  
The Right ◽  
Stable Development

We examine processes of desovereignization and the loss of a state political subjectivity. Noted the necessity of research and analysis of state sovereignty in the context of globalization and threats to international peace, which affect the degree of independence of the state and require the search for legal and political levers to protect the monolithic right of the state to independence, inviolability and non-interference in internal affairs. Has been made an attempt to search for detect and establish acceptable grounds for limiting state sovereignty. It is established that the voluntary restriction of sovereignty with the transfer of powers to supranational entities has constructive consequences in the form of good-neighborly cooperation, financial and economic support of states from international financial institutions, etc. In cases where, in order to establish the rule of law, protect human rights and freedoms and under other good intentions, the policy of the state is interfered with by both the organs of the international community and individual states that have endowed themselves with the right of “international arbiter”, fears for the stable development of national states increase. It is concluded that any limitation of sovereignty should not lead to interference in the national interests of the state and to the loss of political and legal independence.

Deconstructing the Conflict in Ukraine: The Relevance of International Law to Hybrid States and Wars

2015 ◽  
Vol 16 (3) ◽  
pp. 452-478 ◽  
Author(s):  
Outi Korhonen
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
State Level ◽  
Current Situation ◽  
The State ◽  
Public And Private ◽  
The Rule Of Law ◽  
Economic Control ◽  
Before And After ◽  
Private Actors

In Ukraine, spheres of political, military, and economic control are contested, non-transparent, and shifting. As the Ukrainian government lost control over the rebellious Eastern oblasts (regions) of the country, Russia denies its authority over various pro-Russian separatists and vigorously rejects any responsibility for the abuses by the unidentified “green men,” both before and after the annexation of Crimea. Even during the decades before this conflict, the rule of law in Ukraine was “thin” at best. Meaningful political control was sporadic and dispersed, often wielded by the mix of public, private, and other shady actors occupying the grey area between a functional and a dysfunctional state. If state actors never effectively took control over the events at the state-level during peaceful times, it is not surprising that it is more difficult once a “hot” conflict breaks out. It is not unreasonable to assume that Minsk agreements—signed in an effort to stop the hemorrhaging of the conflict—will not hold if the signatories do not effectively control the diverse public and private actors who possess the actual capacity to influence the dynamic on the ground. Before rendering any kind of juridical judgment, the complicated political and socioeconomic configuration of the conflict in Ukraine forces us to first confront a factual puzzle: Who and what influence the current situation? Which concrete actors really drive the conflict and what interests animate them?

Hobbes on the International Rule of Law

2014 ◽  
Vol 28 (1) ◽  
pp. 53-64 ◽  
Author(s):  
David Dyzenhaus
Keyword(s):  
International Relations ◽  
International Law ◽  
Rule Of Law ◽  
The State ◽  
The Rule Of Law ◽  
State Of Nature ◽  
Independent States ◽  
International Rule

Perhaps the most influential passage on the rule of law in international law comes from chapter 13 of Thomas Hobbes's Leviathan. In the course of describing the miserable condition of mankind in the state of nature, Hobbes remarks to readers who might be skeptical that such a state ever existed that they need only look to international relations—the relations between independent states—to observe one:But though there had never been any time, wherein particular men were in a condition of warre one against another; yet in all times, Kings, and Persons of Soveraigne authority, because of their Independency, are in continuall jealousies, and in the state and posture of Gladiators; having their weapons pointing, and their eyes fixed on one another; that is, their Forts, Garrisons, and Guns upon the Frontiers of their Kingdomes; and continuall Spyes upon their neighbours; which is a posture of War.

Introduction

2018 ◽  
Author(s):  
Henri Decoeur
Keyword(s):  
Human Rights ◽  
International Law ◽  
Rule Of Law ◽  
Organized Crime ◽  
The State ◽  
Public Official ◽  
International Peace ◽  
The Rule Of Law ◽  
Peace And Security ◽  
Acting In Concert

This section presents the concept of state organized crime, defined as the use, by a public official in a position to shape or influence the actions of a state and acting in concert with a structured group, of the resources of the state to commit or facilitate the commission of acts criminalized in international law, in order to obtain a financial or other material benefit. It highlights the challenges that this phenomenon poses internationally and domestically, notably for international peace and security, human rights, and the rule of law. It also discusses the terminology and methodology used in the book, and outlines the argument to be made.

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