scholarly journals The Emergence and Structure of Religious Freedom in International Law Reconsidered

2008 ◽  
Vol 23 (2) ◽  
pp. 455-534 ◽  
Author(s):  
Peter G. Danchin
Keyword(s):  
International Law ◽  
Social Institutions ◽  
Alasdair Macintyre ◽  
Individual Liberty ◽  
Liberal State ◽  
Nation States ◽  
Normative Basis ◽  
The Right ◽  
Value Neutrality ◽  
The Voice

The starting points of liberal theorizing are never neutral as between conceptions of the human good; they are always liberal starting points. And the inclusiveness of the debates within liberalism as to the fundamental principles of liberal justice reinforces the view that liberal theory is best understood, not at all as an attempt to find a rationality independent of tradition, but as itself the articulation of an historically developed and developing set of social institutions and forms of activity, that is, as the voice of a tradition. Like other traditions, liberalism has internal to it its own standards of rational justification. Like other traditions, liberalism has its set of authoritative texts and its disputes over their interpretation. Like other traditions, liberalism expresses itself socially through a particular kind of hierarchy.—Alasdair MacIntyreLiberalism, when applied to the issues of citizenship and community … is caught in a paradox: while it must assume the existence of nation-states in order to have communities within which principles of individual liberty and value neutrality can hold sway, it must at the same time studiously ignore the normative basis of such communities, since to do otherwise would be to admit that nonliberal principles of exclusion and intolerance are fundamental to a liberal state.—Omar DahbourThe nature and scope of the right to freedom of religion in international law is an increasingly contested and divisive question. While virtually all scholars from an array of traditions insist that therightitself is universal, they assert quite different foundations for and often widely divergent conceptions of that right.

scholarly journals TECHNOPOLITICS OF A CONCESSIONARY CONTRACT: HOW INTERNATIONAL LAW WAS TRANSFORMED BY ITS ENCOUNTER WITH ANGLO-IRANIAN OIL

2018 ◽  
Vol 50 (4) ◽  
pp. 627-648 ◽  
Author(s):  
Katayoun Shafiee
Keyword(s):  
International Law ◽  
Oil Industry ◽  
Legal Studies ◽  
Nation States ◽  
Resource Nationalism ◽  
International Court ◽  
Court Proceedings ◽  
Set Up ◽  
Foreign Control ◽  
The Right

AbstractThe Iranian government's decision to nationalize its British-controlled oil industry in 1951 was a landmark case in international law. The Anglo-Iranian Oil Company and the Iranian government clashed over whether international authorities had the right to arbitrate for them in disputes over the terms of the oil concession. Scholarship in Middle East studies has overlooked the role of concession terms in shaping political disputes in the 20th century. Rather than seeing legal studies of the oil industry on one side and power struggles and resources on the other, this article examines international court proceedings at The Hague to argue that Anglo-Iranian oil transformed international law. Novel mechanisms of economic and legal governance, set up to deal with an expanded community of nation-states, worked as techniques of political power that equipped the oil corporation with the power to associate Iran's oil with foreign control while generating new forms of law and contract that undermined resource nationalism.

The Right to Strike and Pre-Strike Ballot Requirements in International Law

2020 ◽  
pp. 41-59
Author(s):  
Breen Creighton ◽  
Catrina Denvir ◽  
Richard Johnstone ◽  
Shae McCrystal ◽  
Alice Orchiston
Keyword(s):  
International Law ◽  
Standard Setting ◽  
Freedom Of Association ◽  
International Labour Organisation ◽  
Human Right ◽  
International Recognition ◽  
Nation States ◽  
Social Interests ◽  
The Right ◽  
Labour Organisation

The book is underpinned by the assumption that the right to strike to promote or to protect the individual’s economic and social interests is a universally recognized human right, either standing on its own, or as part of the principle of freedom of association. This is reflected in the fact that the right to strike is, directly or indirectly, afforded protection by major international standard-setting instruments, and in the constitutions of many nation states. This chapter outlines the international recognition of the right to strike, with particular reference to the jurisprudence of the supervisory bodies of the International Labour Organisation. This includes consideration of the extent to which access to the right to strike can properly be conditioned by pre-requisites such as pre-strike ballot requirements.

scholarly journals Filipino Muslims and Issues of Governance in the Philippines: Some Thoughts by a Local Practitioner

ICR Journal ◽  
2010 ◽  
Vol 2 (1) ◽  
pp. 145-155
Author(s):  
Datu Michael O. Mastura
Keyword(s):  
Political Culture ◽  
International Law ◽  
The Philippines ◽  
Self Determination ◽  
Law Reform ◽  
Peace Negotiations ◽  
Nation States ◽  
The Government ◽  
The Right ◽  
Constitutional Regime

This article adopts the general theme of governance to provide an institutional framework for law reform and constitutional regime. To look into the political culture and religion of Filipinos is to ask why there is much reliance on law with an internal dynamics of hostility to all things religious in public life. The author employs the democracy argument to raise asymmetrical issues in a constitutional regime within the context of ‘the national state’ rather than problematise it as a majority versus minority relation. This makes it possible, for instance, to consider the Bangsamoro in the Philippines as a ‘people’ in legal terms and in reference to ‘state-nations’ instead of ‘nation-states’. The author also treats the dimension of international law regarding the right to self-determination with respect to the current peace negotiations between the government of the Philippines and armed non-state actors (MILF and MNLF). One might not necessarily agree with all that is stated in this contribution, which is intended to be an essay rather than a scholarly paper, but, nevertheless, it grants some insights into the mindset of contemporary Muslims in the Philippines.

scholarly journals STATE SOVEREIGNTY AND SELF-DEFENCE IN CYBERSPACE

2018 ◽  
Vol 5 (4) ◽  
pp. 139-154 ◽  
Author(s):  
Pallavi Khanna
Keyword(s):  
International Law ◽  
Large Scale ◽  
Cyber Attacks ◽  
State Sovereignty ◽  
Daily Lives ◽  
Territorial Jurisdiction ◽  
Nation States ◽  
The Status ◽  
The Right ◽  
Self Defence

Given the increasing role and use of cyberspace in our daily lives, it is important to consider the large-scale dynamics of the cyber forum. Shifting the focus from individuals to nation states as participants that engage in activities in cyberspace raises doubts over the status of nations in this domain. Do they continue to remain sovereign entities on such a platform? Do they have the right to defend themselves against attacks from other nations? These questions have been subject to a lot of debate in the context of international law. The aim of this paper is to study the implications of the principle of state sovereignty and selfdefence in cyberspace. The paper focuses on two prime considerations of sovereignty and self-defence in the context of cyberspace and its link to international law. Thus the scope is limited to concepts such as territorial jurisdiction, sovereignty, attribution and selfdefence. While doing so, the researcher seeks to answer questions such as, Is international law applicable to cyberspace? Can cyberspace be called a sovereign domain? Do principles of territorial jurisdiction apply to cyberspace? How does the attribution mechanism work in cyberspace? Under what circumstances are states permitted to exercise the right of self-defence against cyber attacks? and What are the deficiencies in international law governing cyberspace?

The Legitimacy of Minorities' Claim for Autonomy through the Right to Self-Determination

1999 ◽  
Vol 68 (4) ◽  
pp. 413-438 ◽  
Author(s):  
Keyword(s):  
International Law ◽  
Minority Rights ◽  
Good Faith ◽  
Self Determination ◽  
Ethnic Conflicts ◽  
Contemporary Debate ◽  
Nation States ◽  
State Practice ◽  
The Stability ◽  
The Right

AbstractThe grant of autonomous powers to minorities is considered as a threat to the stability of the nation-State system. Nonetheless, many academics and jurists now believe that autonomy can be used to reduce ethnic conflicts, provided that parties to such arrangements are willing to implement them in good faith. In contemporary debate amongst academics it is frequently argued that there is an apparent link between minorities' rights and autonomy. Moreover, some minority rights campaigners stress that minorities' right to autonomy emanates from the right to self-determination. Such claims are, however, contested by most nation-States on the ground that autonomy is not a right in international law. It is only a small number of States that are prepared to experiment with autonomous arrangements to address minorities' concerns within their constitutional structure. Whilst investigating the current developments in United Nations and State practice with regard to autonomy, this article critically analyses whether autonomy gains its legitimacy through the right to self-determination and the extent to which autonomy is being evolved as an integral part of the internal right to self-determination.

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.

Proposing a Way to Develop the Substantive Content of the Right of Access to Adequate Housing: An Alternative to the Reasonableness Review Model

2017 ◽  
Vol 30 (1) ◽  
pp. 71-93
Author(s):  
Gustav Muller
Keyword(s):  
International Law ◽  
Municipal Services ◽  
International Convention ◽  
Cultural Rights ◽  
Substantive Content ◽  
Convincing Case ◽  
Close Proximity ◽  
Review Model ◽  
The Right ◽  
Right Of Access

In this article an attempt is made to put forward a convincing case for giving substantive content to the right of access to adequate housing and looks towards relevant international law elaborations on the meaning of this right as contained in the International Convention on Economic, Social and Cultural Rights (ICESCR). It does so while being aware of the Constitutional Court’s prior rejection of an international law-based minimum core interpretation of the right and opting, instead, for the so-called model of reasonableness breview. Given that the court has so expressly taken and stuck to this stance, it is argued in the article that an international law-based substantive interpretation of the right is possible – given that South Africa has recently ratified the ICESCR – and that it is preferable given the shortfalls of the model of reasonableness review. The article further highlights what difference the preferred reading of section 26(1) would make as to how courts ‘interpret’ reasonableness, that is, how courts review compliance with section 26 at present if ‘adequate’ housing is understood as having security of tenure and access to basic municipal services; is affordable, habitable and accessible; is located in close proximity to social facilities; and is culturally adequate.

The Scope and Content of Section 75(1)(a) of the Zimbabwean Constitution: An International Law Approach

2020 ◽  
Vol 53 (2) ◽  
Author(s):  
Chiedza Simbo
Keyword(s):  
International Law ◽  
Education System ◽  
Basic Education ◽  
The State ◽  
Education Act ◽  
The Government ◽  
The Right ◽  
Basic Education System

Despite the recent enactment of the Zimbabwean Constitution which provides for the right to basic education, complaints, reminiscent of a failed basic education system, have marred the education system in Zimbabwe. Notwithstanding glaring violations of the right to basic education by the government, no person has taken the government to court for failure to comply with its section 75(1)(a) constitutional obligations, and neither has the government conceded any failures or wrongdoings. Two ultimate questions arise: Does the state know what compliance with section 75(1)(a) entails? And do the citizens know the scope and content of their rights as provided for by section 75(1)(a) of the Constitution of Zimbabwe? Whilst it is progressive that the Education Act of Zimbabwe as amended in 2020 has addressed some aspects relating to section 75(1)(a) of the Constitution, it has still not provided an international law compliant scope and content of the right to basic education neither have any clarifications been provided by the courts. Using an international law approach, this article suggests what the scope and content of section 75(1)(a) might be.

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