The United Nations and Some African Political Attitudes

1964 ◽  
Vol 18 (3) ◽  
pp. 499-520 ◽  
Author(s):  
Ali A. Mazrui
Keyword(s):  
Political Philosophy ◽  
International Relations ◽  
United Nations ◽  
International Law ◽  
Foreign Relations ◽  
Point Of View ◽  
Diplomatic Relations ◽  
African Countries ◽  
The Status ◽  
Domestic Affairs

What constitutes “sovereign statehood”? Elaborate answers can be given under international law, under theories of international relations, under jurisprudence, and under general political philosophy. But from the point of view of African countries the empirical answer is perhaps the simplest. These countries know that it was not when they assumed control of their domestic affairs that they ceased to be colonies. As a matter of experience, many of them found that the ultimate expression of sovereignty was not direct rule internally but direct diplomatic relations with other countries abroad. The very process of attaining independence might, in their case, be reduced to a single catch phrase—“from foreign rule to foreign relations.” In other words, an African colony was said to have attained independence when it had moved from the status of being under foreign rule to the status of conducting foreign relations with full authority.

The Effects of a State of War or Armed Conflict

2016 ◽  
Author(s):  
Marina Mancini
Keyword(s):  
International Relations ◽  
United Nations ◽  
International Law ◽  
Armed Conflict ◽  
Armed Force ◽  
Diplomatic Relations ◽  
Trade Relations ◽  
State Practice ◽  
The Creation ◽  
The United Nations

This chapter explores how a state of war or armed conflict affects the relations between belligerents, between belligerents and third states, and the belligerents’ subjects. It begins by describing how a state of war arose between two states, along with its far-reaching consequences, in classical international law. The effects on diplomatic relations, trade relations, treaties, and contracts are highlighted. The chapter then considers the prohibition on the use or threat of armed force in international relations and its implications for the concept of a state of war as well as the consequences traditionally attached to it. It also looks at state practice regarding the creation of a state of war in the United Nations era and concludes by analysing the effects of an interstate armed conflict in contemporary international law.

The Legality of the Use of Force to Recover Occupied Territory

1980 ◽  
Vol 15 (2) ◽  
pp. 160-179
Author(s):  
Nathan Feinberg
Keyword(s):  
Foreign Policy ◽  
International Relations ◽  
United Nations ◽  
International Law ◽  
Use Of Force ◽  
Point Of View ◽  
Party Leaders ◽  
Occupied Territory ◽  
Take Back ◽  
Heads Of State

Numerous and complex problems relating to the prohibition of the use of force in international relations have arisen in the protracted Arab-Israel conflict. One of these—and certainly not the least important—is whether there exists any foundation, from a legal point of view, to the claim by the Arab States that the Charter of the United Nations and general international law entitled them to resort to armed force in order to take back the territories occupied by Israel in the Six Day War of 1967. This claim to a right to a military option has been put forward not only in slogans flaunted in fiery speeches by second-rate politicians or extreme party leaders, but by the Heads of State responsible for the formulation of their countries' foreign policy.

Foreign Relations Law in the Constitutions and Courts of Commonwealth African Countries

2019 ◽  
pp. 581-600 ◽  
Author(s):  
Ernest Yaw Ako ◽  
Richard Frimpong Oppong
Keyword(s):  
International Law ◽  
Foreign Relations ◽  
Comparative Research ◽  
Critical Role ◽  
Research Approach ◽  
African Countries ◽  
The World ◽  
The Status

This chapter examines the laws and jurisprudence in Commonwealth African countries that implicate their interactions with the rest of the world. It uses a qualitative comparative research approach to examine their laws and values relevant to such interactions. The chapter analyzes the status and relationship between international law and the constitutions of these states by examining themes such as the extent to which international values are reflected in their constitutions; how foreign relations authority is constitutionally allocated; and treaty-making powers and implementation mechanisms. The chapter discusses the extent to which courts in Commonwealth Africa are prepared to intervene or judicially review matters that may be deemed as pertaining to foreign relations. Although none of the constitutions in these countries give their courts an express role in foreign relations matters, the existing jurisprudence suggests that courts have a critical role to play and have intervened in some cases to ensure adherence to constitutional norms.

scholarly journals REFLECTIONS REGARDING SANCTIONS STIPULATED IN THE INTERNATIONAL TREATIES CONCERNING DISARMAMENT

2013 ◽  
Vol 7 (4) ◽  
Author(s):  
Daniel-Ştefan Paraschiv
Keyword(s):  
International Relations ◽  
United Nations ◽  
International Law ◽  
Arms Control ◽  
International Treaties ◽  
The Status ◽  
Per Se ◽  
The United Nations ◽  
Political Economic

The main objective of the United Nations Organization, from its founding, is theexclusion of force from international relations, which also implies limiting the weaponryarsenal existent, until removing entire categories of it, as arms control and disarmament,even though they do not eliminate „per se” of political, economic or ideological reasons ofusing force, it significantly contributes to the diminishing of war risks.When it is considered that the obligations resulting from disarmament treatment wereinfringed, one may appeal to the application of sanctions stipulated in the international law,the status of the author of infringement, as a reaction to the violation of the treaty

PENERAPAN PRINSIP PERSONA NON GRATA TERHADAP DUTA BESAR DITINJAU DARI PERSPEKTIF HUKUM INTERNASIONAL (STUDI KASUS PENGANIAYAAN TKI OLEH DUTA BESAR ARAB SAUDI DI JERMAN)

2019 ◽  
Vol 1 (1) ◽  
pp. 60-71
Author(s):  
Devi Yusvitasari
Keyword(s):  
International Relations ◽  
International Law ◽  
Recipient Country ◽  
Secondary Data ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
National Interests ◽  
The World ◽  
Diplomatic Immunity ◽  
The Right

A country needs to make contact with each other based on the national interests of each country related to each other, including among others economic, social, cultural, legal, political, and so on. With constant and continuous association between the nations of the world, it is one of the conditions for the existence of the international community. One form of cooperation between countries in the world is in the form of international relations by placing diplomatic representation in various countries. These representatives have diplomatic immunity and diplomatic immunity privileges that are in accordance with the jurisdiction of the recipient country and civil and criminal immunity for witnesses. The writing of the article entitled "The Application of the Principle of Non-Grata Persona to the Ambassador Judging from the Perspective of International Law" describes how the law on the abuse of diplomatic immunity, how a country's actions against abuse of diplomatic immunity and how to analyze a case of abuse of diplomatic immunity. To answer the problem used normative juridical methods through the use of secondary data, such as books, laws, and research results related to this research topic. Based on the results of the study explained that cases of violations of diplomatic relations related to the personal immunity of diplomatic officials such as cases such as cases of persecution by the Ambassador of Saudi Arabia to Indonesian Workers in Germany are of serious concern. The existence of diplomatic immunity is considered as protection so that perpetrators are not punished. Actions against the abuse of recipient countries of diplomatic immunity may expel or non-grata persona to diplomatic officials, which is stipulated in the Vienna Convention in 1961, because of the right of immunity attached to each diplomatic representative.

The position of the State in the international system from the perspective of major schools of thought in international relations

2019 ◽  
pp. 79
Author(s):  
Salah Hassan Mohammed ◽  
Mahaa Ahmed Al-Mawla
Keyword(s):  
International Relations ◽  
International Politics ◽  
International System ◽  
International Order ◽  
The State ◽  
Point Of View ◽  
The Status ◽  
Future Vision

The Study is based on the state as one of the main pillars in international politics. In additions, it tackles its position in the international order from the major schools perspectives in international relations, Especially, these schools differ in the status and priorities of the state according to its priorities, also, each scholar has a different point of view. The research is dedicated to providing a future vision of the state's position in the international order in which based on the vision of the major schools in international relations.

THE ROLE OF LOCAL GOVERNMENT IN STRENGTHENING DEMOCRACY

2016 ◽  
Vol 3 (1) ◽  
pp. 115-131
Author(s):  
Mbuzeni Mathenjwa
Keyword(s):  
European Union ◽  
Local Government ◽  
United Nations ◽  
Public Interest ◽  
Legal Status ◽  
African Union ◽  
African Countries ◽  
The Status ◽  
Administrative Units

The place and role of local government within the structure of government in Africa has attracted much public interest. Prior to and after independence, African countries used local government as the administrative units of central governments without their having any legal status, to the extent that local authorities were under the strict control of central governments. The autonomy of local government is pivotal in the democratisation of a country. The United Nations, European Union and African Union have adopted treaties to promote the recognition and protection of local government in the state parties’ constitutions. Accordingly, this article explains the status of local government in Africa and its impact on strengthening democracy in African states.

International Law in Chinese Courts

2019 ◽  
pp. 547-564
Author(s):  
Congyan Cai
Keyword(s):  
International Law ◽  
Foreign Relations ◽  
Professional Competence ◽  
National Courts ◽  
Major Development ◽  
Chinese Perspective ◽  
The Status ◽  
Major Factors ◽  
Private Actors ◽  
The Comparative Study

This chapter adds a Chinese perspective to the comparative study of how national courts treat international law. The chapter finds that the application of international law in Chinese courts is influenced by several major factors, including China’s ambivalence toward international law, the role that the judiciary plays in China’s national governance, and the professional competence of Chinese judges. In particular, the failure of China’s Constitution to specify the status of international law makes secondary laws less likely to embrace international law: many secondary laws do not mention international law at all; only a modest number of secondary laws automatically incorporate international law. This also means that Chinese judges are discouraged from invoking international law in adjudicating disputes. However, in line with and in support of China’s economic opening policy since the late 1970s, Chinese judges regularly apply those treaties that deal with commercial relations between private actors. A major development is that, as China rises as a great power, Chinese courts have begun to prudently become more involved in foreign relations by applying international law.

Sovereigns as Defendants

1910 ◽  
Vol 4 (2) ◽  
pp. 373-383 ◽  
Author(s):  
Nathan Wolfman
Keyword(s):  
International Law ◽  
Point Of View ◽  
Published Report ◽  
The Status ◽  
Municipal Law

A recent decision handed down by the Supreme Judicial Court of Massachusetts, and reported in its last published report, involves the broad consideration of the status of sovereigns as defendants both from the point of view of international and of municipal law. The decision concretely confirms the opinion that no matter from what point of view the theory of international law may be said to proceed, its doctrines are based on as firm principles of sound reasoning and justice as are the doctrines of the ordinary municipal law. And this notwithstanding the popular impression prevalent, especially among laymen, that international comity is the dominant principle of international law.

scholarly journals Customary International Rules in Contemporary International Law // Međunarodna običajna pravila u savremenom međunarodnom pravu

2019 ◽  
Vol 9 (9) ◽  
pp. 136
Author(s):  
Duško Glodić
Keyword(s):  
International Relations ◽  
International Law ◽  
Legal Framework ◽  
International Community ◽  
Point Of View ◽  
Customary International Law ◽  
Practical Point ◽  
Legal Norms ◽  
State Practice ◽  
The Creation

This article explores the role and importance accorded to customary international law in contemporary international law. First of all, the author has explored a number of issues related to this topic. Particluarly, the manner in which norms of customary international law are being established through the relevant State practice and the formation of opinio juris, as well as how the changes in contemporary international relations generated some chages in custromary international law were examined from both theretical and practical point of view. Than, the article elaborated, in a more concrete manner, different ways of impact of changes in international relations and subjects of international law to the formation of customary international rules. It has also paid attention to the evolution in international law and its reflection to the creation of international legal norms, including customary rules. The article concluded that, despite an ever increasing number of treaties, customary rules are still present in international law and are important for regulation of international relations, thus ensuring that dynamics and developments within the international community are followed by the development of legal framework.

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