Re-Defining International Law from the Point of View of Decolonisation and Development and African Regionalism

1982 ◽  
Vol 26 (1) ◽  
pp. 49-67 ◽  
Author(s):  
Konrad Ginther
Keyword(s):  
International Law ◽  
Legal Theory ◽  
Max Weber ◽  
Point Of View ◽  
University Education ◽  
Pure Logic ◽  
The Everyday ◽  
Systematic Pattern ◽  
The One ◽  
Scarcity Of Resources

The scarcity of resources and time limit the scope of ideas and the framework of deliberations in all human activities. Thus time and resources equally place limits upon any attempt to theorise and conceptualise, whether in science or in teaching. This limitation bears equally upon the choices of method and substance. Thus in the study of international law today the question is posed, what are the priorities with regard to basic questions and to their systematic presentation on the one hand, and then how to proceed (of necessity selectively) for the purposes of teaching on the other?Contemporary legal education consists in what has been called “modern, rational, legal university education”. As a result of the rational-systematic transfer of legal ideas and techniques, the legal mind so formed can release itself from the concern with everyday needs of those who are the “consumers” of law, which Max Weber has described as follows:“The rational-systematic pattern of legal thought may induce the legal mind to dissociate itself largely from the everyday needs of those who are most affected by the law, and so does a lack of its concrete substantiation. The power of the unleashed dictates of pure logic in legal theory and a legal practice dominated by it can to a large extent eliminate considerations of practical needs as the driving force for the formation of law.”

What Use Is Customary International Law?

2021 ◽  
Vol 9 (1) ◽  
pp. 119-131
Author(s):  
Anthony Carty
Keyword(s):  
International Law ◽  
Legal Theory ◽  
The State ◽  
Legal Doctrine ◽  
Customary International Law ◽  
Legal Personality ◽  
Historical School ◽  
General Law ◽  
The One ◽  
The 19Th Century

Abstract Customary international law as a source of general law is given a primary place in Article 38 of the ICJ Statute. However, it is historically a concept created by legal doctrine. The very idea of custom supposes legal persons are natural persons living in a dynamic, evolving community. This was the assumption of the historical school of law in the 19th century when the concept of custom was developed. Now the dominant notion of legal personality is the State as an impersonal corporation and international legal theory (Brierly and D’Amato) can see well that the death of the historical school of law has to mean the death of the concept of custom. What should replace it? Two steps need to be taken in sequence. Firstly, following the Swedish realist philosopher Haegerstrom, we have to ascertain the precise constellations of the conflictual attitudes the populations of States have to the patterns of normativity which they project onto international society. Secondly, we should follow the virtue ethics jurisprudence of Paul Ricoeur and others, who develop a theory of critical legal doctrinal judgement, along the classical lines of Aristotle and Confucius, to challenge and sort out the prejudices of peoples into some reasonable shape, whereby these can be encouraged to understand and respect one another. Then one will not have to endure so many silly interpretations of international law such as the one declaring that there are only rocks in the South China Sea and not islands. Such interpretations have nothing to do with the supposedly ordinary legal language analysis of a convention and the State practice surrounding it. They have to do entirely with a continued lack of respect by Western jurists for non-Western societies and nations.

Defences in the Law of State ResponsibilityA View from Jurisprudence

2020 ◽  
pp. 179-202
Author(s):  
Luís Duarte d’Almeida
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Legal Theory ◽  
Criminal Responsibility ◽  
Point Of View ◽  
State Responsibility ◽  
The Law ◽  
Cross Fertilization

Ongoing discussions among international lawyers on defences in state responsibility have close analogies with debates in two other fields: debates in general legal theory on defeasibility in law, and debates in criminal law theory (and philosophy) on the elements of criminal responsibility. The similarities are not surprising. But it is striking how little cross-fertilization there seems to have been. For jurisprudence and criminal law scholars have developed a number of points and distinctions that international law theorists working on defences should find helpful. This chapter illustrates these claims. Section 2 looks at defences from the point of view of general legal theory, and section 3 does the same from the point of view of criminal law theory, recommending specific solutions to particular problems. Section 4 then shows how these contributions can help to answer some persistent questions surrounding defences in the law of state responsibility.

Part I Histories, Ch.6 The Ottoman Empire, the Origins of Extraterritoriality, and International Legal Theory

2016 ◽  
Author(s):  
Özsu Umut
Keyword(s):  
Nineteenth Century ◽  
International Law ◽  
Ottoman Empire ◽  
Legal Theory ◽  
The Other ◽  
State Institutions ◽  
The One ◽  
Intellectual Production

This chapter argues that it was partly through engagement with the Ottoman Empire, particularly its tradition of extraterritorial consular jurisdiction, that nineteenth-century European and American jurists came to view China, Japan, and a number of other states as ‘semi-civilized’, setting them against ‘civilized’ states on the one hand and ‘savage’ peoples on the other. These states on the ‘semi-periphery’ exercise a greater degree of agency in international law, given their closeness to dominant centers of economic and intellectual production that had come under their influence, as well as their possession of national traditions and state institutions resilient enough to resist formal colonization. These traits are especially evident in the case of the Ottoman Empire, a powerful state that made a point of modifying its profile for different audiences.

The Sect to Denomination Process in America: The Freewill Baptist Experience

1965 ◽  
Vol 34 (1) ◽  
pp. 77-94 ◽  
Author(s):  
Ruth B. Bordin
Keyword(s):  
Max Weber ◽  
Church History ◽  
Turn Of The Century ◽  
Point Of View ◽  
Social Teaching ◽  
Christian Churches ◽  
The Social ◽  
History Of ◽  
The One ◽  
Ernst Troeltsch

Shortly after the turn of the century Ernst Troeltsch joined Max Weber in examining the history of religious organizations from the point of view of the newly evolving discipline of sociology. Of the contributions Troeltsch made in his monumental study, The Social Teaching of the Christian Churches, the one which has proved most stimulating when applied to American church history was his differentiation of sect-type from church-type religious organization. In 1929, H. Richard Niebuhr in his Social Sources of Denoniinationalisrn elaborated Troeltsch's ideas, especially as they related to American developments, suggesting that in the American environment the denomination occupied a midway position between church and sect. While Troeltsch hints at the tendency of the sect to acquire churchly characteristics in time, Niebuhr spells out the steps in the process of transformation from sect to denomination which he sees as following inevitably, arguing that each generation's sects must become denominations in the next generation. These in turn leave behind a new group of disinherited whose needs are unmet and from which spring the next sect movement.

scholarly journals Tangible interaction on tabletop, an illustrated federating framework

2017 ◽  
Vol Volume 5, Number 1 (Research articles) ◽  
Author(s):  
Sophie Lepreux ◽  
Julien Castet ◽  
Nadine Couture ◽  
Emmanuel Dubois ◽  
Christophe Kolski ◽  
...  
Keyword(s):  
User Interfaces ◽  
Point Of View ◽  
Tangible Interaction ◽  
Tangible User Interfaces ◽  
Complex Part ◽  
The Everyday ◽  
Tangible Object ◽  
International Audience ◽  
Coffee Table ◽  
The One

International audience Since many years, the Human-Computer Interaction community is interested in the tangible user interfaces (TUI). A part of these TUI focuses on the interaction performed with one or several objects. The domain is in extension by the development of contactless objects (using NFC, RFID technology, etc.). In the system, tangible objects could represent data, action, or complex part. Interaction on a table, which is a common furniture in the everyday life and used in multiple activities (desktop, coffee table, kitchen table, etc.), opens a new way for the research and development in HCI. This article proposes to use a framework, previously proposed in a conjunct article, to characterize applications supported by the couple <interactive tabletop, tangible object>. These applications aim at supporting complex business tasks; they are described from a technological point of view on the one hand, and from an applicative point of view on the other hand. These applications show the benefit brought by the couple <interactive tabletop, tangible object> to the interaction and they are immersed in the framework. The framework shows with these instantiations that it is generic and supports such descriptions. Depuis plusieurs années, les interfaces tangibles impliquant des interactions réalisées via un ou plusieurs objets prennent une importance grandissante en interaction homme-machine. Ce domaine est en extension grâce au développement d'objets exploitant des technologies sans contact (NFC, RFID, etc.). L'objet tangible représente un sujet ou une action ; cet objet agit sur le système, telle une action sur une interface « classique ». L'interaction sur table, c'est-à-dire sur un meuble présent dans la vie courante et utilisé à diverses fins (bureau, table à manger, table de salon, table bar, etc.), ouvre un champ nouveau de recherche et de développement. Nous proposons d'illustrer un cadre proposé dans un article conjoint, en positionnant des applications mettant en oeuvre le couple <table, objet tangible>. Plusieurs applications, visant à supporter chacune une tâche métier complexe, sont décrites à la fois d'un point de vue technologique et d'un point de vue applicatif. Ces applications montrent les apports de l'association <table, objet tangible> à l'interaction et sont caractérisées selon les dimensions du cadre de conception présenté dans un article conjoint, montrant ainsi la généricité et le pouvoir descriptif du cadre proposé.

scholarly journals Heritage language speakers in university education in Japan: Perspectives for an inclusive society.

Elia ◽  
2021 ◽  
pp. 86-125
Author(s):  
Veri Farina
Keyword(s):  
Educational System ◽  
Heritage Language ◽  
Point Of View ◽  
University Education ◽  
Heritage Speakers ◽  
Heritage Languages ◽  
University Level ◽  
The One ◽  
The University ◽  
Heritage Language Speakers

The educational system in Japan has traditionally been focused on the “one nation, one language” ideology. This has led to the marginalization of indigenous and immigrant languages. As a consequence, heritage speakers are dealing with the loss of their heritage languages. However, there are isolated movements addressing the maintenance of the heritage languages, though they haven’t had a long-lasting effect on the educational system. In an attempt to contribute to reversing this language and identity loss, we based our research on two main points: 1) the belief that creating an informed partnership will help heritage language speakers (HLS) to integrate in the mainstream education space (Cummins, 2014) and 2) confidence in the importance of interconnecting the isolated movements for language maintenance. Would it be possible to achieve it in the Japanese educational context? Can we start scaffolding this new structure of informed partnership from the university level? In order to try to prove this point of view successfully, this article describes the creation at the university level of a class about Heritage languages and speakers in Japan, inspired by the Content and Language Integrated Learning model (CLIL). This class was meant to support and interact with another class called “Spanish for heritage students” that was developed at the same university. The student population is 14, almost half of them with a heritage language or culture. The course duration was one semester. The contents that were selected to reach the class goals are mentioned, as well as some points of view regarding what should be done to shift the Japanese educational system from a homogeneous stance to a multicultural inclusive posture. And in such a short time we could evidence an evolution in students’ critical awareness of the current immigrants’ heritage language and cultural situation in Japan. Working with specific vocabulary, reading from authentic sources, discussing contemporary articles among them, they could give shape to their thoughts in Spanish in order to express their opinions and possible solutions to this important matter.

The National Socialist Theory of International Law

1938 ◽  
Vol 32 (4) ◽  
pp. 704-718 ◽  
Author(s):  
Virginia L. Gott
Keyword(s):  
International Law ◽  
Legal Theory ◽  
General Characteristic ◽  
Point Of View ◽  
National Socialist ◽  
The Real ◽  
Wide Range

Despite a rather wide range of disagreement among National Socialist writers, a general, characteristic National Socialist theory of international law is definitely discernible. Hans Helmut Dietze is perhaps the most representative and certainly among the most thoroughly National Socialist writers on this subject. Helmut Nicolai, Ernst Wolgast, Norbert Gürke, Herbert Kraus, and G. A. Walz may be considered as ranking next in importance from the point of view of expounding the most typical National Socialist doctrines in the field of international law. The words and deeds of the Fuhrer have formed, of course, the basis upon which these doctrines stand. Although the utterances as well as the actions of Hitler have not always been consistent (this is obvious in any comparison of Mein Kampf with his speeches as Reichskanzler), this fact does not seem greatly to have hindered the formulation of an international legal theory, but then this theory itself may appear to many, when viewed objectively, as likewise inconsistent. However, just as it is possible to dismiss certain statements of Hitler as embodying words coined more for tactical purposes and not sincerely in line with National Socialist ideology, so it is possible to see through many of the inconsistencies in the National Socialist theories on international law and obtain the real volklich-nationale point of view.

scholarly journals Demandas sociales y disciplinares indispensables para la formación universitaria del siglo XXI. Una visión desde el contexto ingenieril / Social and disciplinary demands to university learning for the XXI century. Representation from knowledge engineering point of view

2018 ◽  
Vol 6 (1) ◽  
pp. 27-34
Author(s):  
Juan Ramón Molina Martínez ◽  
Miguel Ángel Herrera Machuca ◽  
Francisco Rodríguez y Silva
Keyword(s):  
Knowledge Engineering ◽  
Point Of View ◽  
Environmental Engineering ◽  
University Education ◽  
Knowledge Development ◽  
Teaching Improvement ◽  
Graduate Teaching ◽  
Critical Knowledge ◽  
Socioeconomic Changes ◽  
The One

Los cambios socioeconómicos han afectado todos los sectores de la sociedad y la educación universitaria no ha podido escapar de ellos. A comienzos del siglo XXI, investigadores especializados en formación han cuestionado la brecha existente entre la labor educativa y la profesional, detectando carencias en competencias. Se presenta un ejemplo de un plan estratégico con dos líneas específicas: la mejora de la enseñanza de grado y postgrado y el fomento del pensamiento crítico. Dentro de estas líneas, los responsables educativos, en una de las salidas profesionales más demandadas en el contexto de la ingeniería, han desarrollado una serie de actividades e iniciativas. Socioeconomic changes have been noticing in all society sectors affecting university education and the possibility to escape from them is rare. At the beginning of the 21st century, formation researchers have questioned the gap development between education and job, showing competencies weakness. We perform an example of strategic planning with two specific objectives: graduate and post-graduate teaching improvement and critical knowledge development. Under these objectives, professors who are the responsible of the one most important professional opportunity from environmental engineering, have developed a set of activities and initiatives.

scholarly journals The Politics of International Law and the Perils and Promises of Interdisciplinarity

2013 ◽  
Vol 26 (3) ◽  
pp. 503-508 ◽  
Author(s):  
TANJA E. AALBERTS
Keyword(s):  
International Relations ◽  
International Law ◽  
Legal Theory ◽  
The Other ◽  
Other Hand ◽  
Plural Identity ◽  
Theory Section ◽  
The One ◽  
Academic Debate

In the previous editorial, Larissa van den Herik and Jean d'Aspremont referred to LJIL's ‘special plural identity’. On the one hand, this plurality shows in its table of contents; on the other hand, the plural identity is equally – if not even more – treasured in terms of appreciating the plurality of voices within the legal discipline, as the editors-in-chief also highlight. Diversity and heterogeneity are an asset for academic debate, and LJIL as such seeks to provide a forum for scholars from different ‘paradigms’. The appreciation of diversity and plurality is also reflected in the interest of LJIL to look beyond the confines of the legal discipline itself and engage with external perspectives to foster discussions about international law. It is in light of this open-mindedness and the wish to reach out to non-legal audiences, and to the international relations community in particular, that I was invited to join the LJIL team some years ago. Whereas there is a growing audience of IR scholars genuinely interested in (theorizing) international law, LJIL is not very well known as a journal with that profile for its International Legal Theory section. As a leading scholar in IR once remarked: ‘LJIL is the best kept secret in IR’. So when the request came for me to write an editorial, it seemed only apt to reflect upon some of the perils and promises of interdisciplinarity from my experience as an IR scholar within the LJIL editorial board.

scholarly journals The Issues of Secession in the Process of the Rise and Fall of States in the Light of International Law

2019 ◽  
Vol 8 ◽  
Author(s):  
Boubacar Sidi Diallo
Keyword(s):  
International Law ◽  
International System ◽  
Point Of View ◽  
Global Perspective ◽  
Self Determination ◽  
Simple Fact ◽  
The One ◽  
The Right ◽  
Constituent Elements ◽  
Secessionist Movement

The aims of this contribution is to check the validity of the old theory, which goes back to Jellinek but is still dominant, which states that secession as well as the process of forming a new state, fall under the scope of a “simple fact” and thereby escape through definition to any law of way. According to this theory, secession is not a question of “Law” but a question of pure fact, failure or success: if a secessionist movement succeeds in establishing a new effectiveness, that is to say, puts in place the “Constituent elements” of a state, a new state is born. It is interesting to observe that with the phenomenon of the rise or the collapse of States, from the global perspective of international order and especially from the point of view of international law, the States concerned are, in practice, not simply left to their fate. On the contrary, the rise or the collapse of a State anywhere in the world is seen as a matter of concern for the international community, since the international system as a whole is felt to be affected. In such cases, international reactions have not been manifested primarily through the States as such, either indi-vidually or together. Basically, these reactions had to cope with the dilemma of choos-ing between two fundamental principles of legitimacy in international law: on the one hand, the sovereignty and equality of States and, on the other, the right of peoples to self-determination.

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