High Hopes, Scant Resources: A Word of Scepticism about the Anti-Fragmentation Function of Article 31(3)(c) of the Vienna Convention on the Law of Treaties

2011 ◽  
Vol 24 (3) ◽  
pp. 701-714 ◽  
Author(s):  
MÉLANIE SAMSON
Keyword(s):  
Present Article ◽  
Fragmentation Function ◽  
The Other ◽  
Vienna Convention ◽  
Structural Problem ◽  
Other Hand ◽  
Interpretive Approach ◽  
The Law

AbstractFocusing on some undertheorized aspects of Article 31(3)(c) of the Vienna Convention on the Law of Treaties, the present article aims to reassess critically the anti-fragmentation function generally assigned to this provision. The high hopes associated with the harmonizing potential of Article 31(3)(c) are usually based on a reading of this provision as requiring the interpreter to take into account not only rules applicable between all of the parties to the treaty, but also those applicable only between some of the parties. However, this reading does not seem to be confirmed by the interpretive approach suggested in this article. On the other hand, the use of Article 31(3)(c) in judicial settings raises a structural problem inherent in the international judiciary. The analysis undertaken along these lines suggests that the optimism that Article 31(3)(c) has recently provoked should be qualified in some important respects.

Termin kandaulos/kandylos (κανδαυλοσ/ κανδυλοσ) na podstawie λεχεων συναγωγη Focjusza oraz "Commentari ad Homeri Iliadem" Eustacjusza z Tessaloniki

Vox Patrum ◽  
2010 ◽  
Vol 55 ◽  
pp. 361-373
Author(s):  
Maciej Kokoszko ◽  
Katarzyna Gibel-Buszewska
Keyword(s):  
Social Status ◽  
Present Article ◽  
The Other ◽  
Other Hand ◽  
The Social ◽  
Cooked Meat

The present article focuses on one of the Greek delicacies mentioned by Photius and Eustathius, i.e. a Lydian import called kandaulos/kandylos. The dish was developed before the mid. VI th c. BC and named after a Lydian king, Kandaules, who ruled in the VII th c. BC. The delicacy was (via the Ionians) borrowed by the Helens and established itself in Greece sometime in the V th c. It became popular in Hellenistic times. The information we possess allow us to reconstruct two varieties of kandaulos/ kandylos. The first was savoury and consisted of cooked meat, stock, Phrygian cheese, breadcrumbs and dill (or fennel). The other included milk, lard, cheese and honey. The dish is reported to have been costly, prestigious and indicating the social status of those who would eat it. Though there is much evidence suggesting its popularity in antiquity, we lack solid evidence proving that kaunaudlos/kandylos was eaten in Byzantine times. On the other hand, Byzantine authors preserved the most detailed literary data on the delicacy. If it had not been for the Byzantine interest, our competence in the field of Greek cuisine would be even faultier.

Law’s Contradictions

2018 ◽  
Author(s):  
Nimer Sultany
Keyword(s):  
The Other ◽  
Political Actors ◽  
Political Conflicts ◽  
Other Hand ◽  
The Law ◽  
The One

This chapter analyzes concrete Egyptian and Tunisian cases that showcase the interplay between continuity and rupture. These cases illustrate the lack of a systemic relation between law and revolution. On the one hand, the judiciary that interprets and applies the law is part of the very social and political conflicts it is supposed to resolve. On the other hand, the law is incoherent and there are often resources within the legal materials to play it both ways. Thus, the different forces at work use both continuity and rupture to advance their positions. Furthermore, legitimacy discourse mediates the contradictions between law and revolution in the experience of different legal and political actors. This mediation serves an ideological role because it presupposes a binary dichotomy between continuity and rupture, papers over law’s incoherence by reducing it to a singular voice, and reduces revolution to an event rather than a process.

STUDI KRITIS JUAL BELI DEKORASI UANG MASKAWIN

Al-MAJAALIS ◽  
2018 ◽  
Vol 6 (1) ◽  
pp. 1-36
Author(s):  
Muhammad Arifin Badri
Keyword(s):  
The Other ◽  
Other Hand ◽  
Business Opportunities ◽  
The Law ◽  
The One ◽  
High Level

This study aims to examine the laws of dowry money decoration that are common in the community. The innovation and soul of art that is channeled through décor of dowry money is proven to produce beautiful and unique works, so as to attract the attention and interest of the wider community. However, because to produce beautiful and unique works, a high level of creativity is needed, so not everyone can do it. On the one hand, this phenomenon opens up quite good business opportunities, but on the other hand, it should be watched out, because in some conditions it contains the practice of buying and selling currencies with nominal differences. Through this study, I would like to uncover the law of buying and selling practices decorating dowry money and decorating services. As I also intend to present an applicative solution for the community so that they can still channel their artistic talents without violating Shari’ah law.

Dismissal with Monetary Consideration under Art. 232, para. 2 of the Labour Code

De Jure ◽  
2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Hristo Banov ◽  
Keyword(s):  
Employment Relationship ◽  
The Other ◽  
Employment Contract ◽  
Other Hand ◽  
Unilateral Termination ◽  
The Law ◽  
The One ◽  
Rules Set ◽  
Final Calculation

The article reviews the main differences between the monetary obligation of the employer under Art. 232, para. 2 of the Labour Code and other payments that the same party owes by law in the employment relationship. Thus, the hypotheses are differentiated, on the one hand, of the unilateral termination of the employment contract by the employer against monetary payment on the grounds of Art. 232, para. 2 of the Labour Code, and, on the other hand, the emergence of an obligation to pay certain compensations – in the true sense of the term – under Art. 213, Art. 214, Art. 219, para. 2 and Art. 225 of the Labour Code. Thereby, the thesis regarding the impossibility of incurring of an obligation on the employer to simultaneously execute the various mentioned monetary considerations, is reasoned. In addition, the rules set out in the law are discussed, both for contracting and for the final calculation of the amount of the employer’s monetary payment, which this study focuses on.

Reading Identity, Reading Essence: A Strategic Essentialist Approach to Mulk Raj Anand’s Untouchable

2021 ◽  
Vol 2 (4) ◽  
pp. 91-101
Author(s):  
Saleha Ilhaam
Keyword(s):  
Present Article ◽  
Human Existence ◽  
The Other ◽  
Political Strategy ◽  
Other Hand ◽  
Strategic Essentialism ◽  
Reading Identity ◽  
The Difference ◽  
The Individual ◽  
Individual Self

The term strategic essentialism, coined by Spivak, is generally understood as “a political strategy whereby differences (within Group) are temporarily downplayed, and unity assumed for the sake of achieving political goals.” On the other hand, essentialism focuses that everything in this world has an intrinsic and immutable essence of its own. The adaption of a particular “nature” of one group of people by way of sexism, culturalization, and ethnification is strongly linked to the idea of essentialism. Mulk Raj Anand’s Bakha is dictated as an outcast by the institutionalized hierarchy of caste practice. He is essentialized as an untouchable by attributing to him the characteristic of dirt and filth. However, unlike other untouchables, Bakha can apprehend the difference between the cultured and uncultured, dirt and cleanliness. Via an analysis of Anand’s “Untouchable,” the present article aims to bring to the forefront the horrid destruction of the individual self that stems from misrepresentations of personality. Through strategic essentialism, it unravels Bakha’s contrasting nature as opposed to his pariah class, defied by his remarkable inner character and etiquette. The term condemns the essentialist categories of human existence. It has been applied to decontextualize and deconstruct the inaccurately essentialized identity of Bakha, which has made him a part of the group he does not actually belong to.

scholarly journals Translating The Disaster of Mourice Blanchot Between Ann Smock and Azzedine Chentouf

2021 ◽  
Vol 1 (1) ◽  
pp. 15-20
Author(s):  
Soufiane Laachiri
Keyword(s):  
Present Article ◽  
English Translation ◽  
The Other ◽  
Source Text ◽  
Arabic Translation ◽  
Literal Translation ◽  
Original Meaning ◽  
Other Hand

The present article attempts to present a succinct and circumspect comparison between two different translations for Mourice Blanchot’s book « L’écriture du désastre ».The first translation was performed by Ann Smock in 1995 and was from French into English, while the other translation was skillfully produced by Azzedine Chentouf from French into Arabic in 2018. The contrast in attitudes and translational fertilization has provided us with ample opportunities to study, reflect on, and rethink the nexus of  Blanchot’s philosophy from different linguistic perspectives. However, in our attempt to formulate our judgments on the English and Arabic versions of the book, we can judge by an escapable logic and with analytical evidence that the English translation entitled « The writing of the disaster » has intensified the hold of a literal translation that makes the chances of being close to the original meaning of the source text depressingly small. Chentouf’s translation, on the other hand, remains profoundly meaningful; it is capable of going down into the marrow of  Blanchot’s thought to assert understanding of his intellectual complexities. In brief, despite the triviality of the advanced examples, we are certain that Azzedine Chentouf, through his Arabic translation, knows the hard philosophical portrait of Mourice Blanchot in its inclusiveness. Therefore, it is no surprise that every choice he makes in this translation explains his tremendous efforts as a philosopher first before being ranked as a translator.

scholarly journals Guardianship and Parental Connections: Connections and Departures in Jeremy Bentham’s Account

2011 ◽  
Author(s):  
Brian E Cox
Keyword(s):  
Present Article ◽  
Legal Status ◽  
The Other ◽  
Previous Article ◽  
Dual Roles ◽  
Other Hand ◽  
Special Relations ◽  
Similarities And Differences ◽  
Personal Perspectives ◽  
The One

This article follows an earlier assessment of Bentham’s views on guardianship 1 that touched on but did not explore connections or departures between guardian-ward and parent-offspring relations, about which Bentham was not as precise as he might have been. Further, he added complexity to the issue by describing parents as occupying dual roles: guardians and ‘masters’ (employers) of their own offspring. These relations are now considered, on the one hand, in the wider context of ‘special relations’ and ‘duties’ and, on the other hand, alongside some appreciation of Bentham’s personal perspectives. However, the main object of the present article is to assess similarities and differences between parents and guardians in legal, status and functional terms. It uses the profile of guardian-ward relations provided by the previous article 2 as a benchmark. The article concludes by affirming that ‘being a parent’ and ‘being a guardian’ have quite different meanings.

scholarly journals Is God a Phenomenon? A dialogue between Kierkegaard and Jean-Luc Marion

2020 ◽  
Vol 24 (2) ◽  
Author(s):  
Wellington José Santana
Keyword(s):  
Key Words ◽  
Present Article ◽  
The Other ◽  
Human Being ◽  
Concept Of God ◽  
Saturated Phenomenon ◽  
Other Hand ◽  
Shed Light

The present article analyses critically the paradox of phenomenon claimed by Danish Philosopher Kierkegaard and Marion’s new concept named saturated phenomenon. While the concept of God, by definition, must surpass the realm of empiricism, perhaps the something may shed light over what God must be: Excess. However, Marion developed a new concept of phenomenon that not only occupies the immanence world, but also goes beyond. It is called saturated phenomenon. In order to address the question one might understand the limit of the givenness and then what does it mean saturated givenness. We probably all have had the sense of being overwhelmed by something and this can lead toward a sense of torpor or numbness. In the other hand, Kierkegaard affirms that God is so different than a human being, so totally other that we may think we’re right in demanding God make himself understood and be reasonable towards us. Kierkegaard upholds that we’re always dealing with God in the wrong way. I will argue that Marion, however, following phenomenological footsteps indicates a new path toward how to address God properly.   Key words: Paradox; Saturated phenomenon; freedom; Excess. 

scholarly journals ETHICAL PRINCIPLES OF SOCIETY AS REGULATORY FACTORS OF CIVIL LAW OF UKRAINE: THE ISSUE OF VALIDITY

2019 ◽  
pp. 16-20
Author(s):  
V. Кroitor
Keyword(s):  
Civil Law ◽  
The Other ◽  
Ethical Principles ◽  
Regulatory Requirements ◽  
Regulatory Factors ◽  
Other Hand ◽  
Moral Rules ◽  
The Law ◽  
The One

The article studies the issue of scientific and practical validity of applying ethical principles of society as regulatory factors of civil law of Ukraine. Taking into account the lack of validity of ethical principles of society as regulatory factors, the author attempts to make a correlation between the content of such principles of civil law as fairness, integrity and reasonableness, on the one hand, and ethical principles of the society, on the other hand. The author of the paper proves that it is inappropriate to apply the provisions of morality as regulatory factors for the regulation of civil relations. The conclusion on the objection to the civil regularity of ethical principles of society is based on several theses. Firstly, moral rules are not formalized, which creates a threat of arbitrary interpretation of their content. Secondly, ethical principles do not have a definite source of origin. Thirdly, the fundamental ethical rules have already been taken into account in the content of the principles of fairness, integrity and reason, which in turn create competition between the two types of regulatory factors. Unreasonable duplication of regulatory requirements reduces the functionality of the law, complicates the perception of its requirements. The competition between the principles of law and the ethical principles of society must be eliminated by refusing to give the latter the function of regulatory factors. The author of the paper does not deny the possibility of taking into account the ethical principles of society while regulating the relations that have been neglected by the "official law".

scholarly journals ABUSE OF THE RIGHT TO INITIATE BANKRUPTCY PROCEEDINGS

2020 ◽  
pp. 259-264
Author(s):  
В. В. Дутка
Keyword(s):  
The Other ◽  
Legal Entity ◽  
Legal Norms ◽  
Other Hand ◽  
Bankruptcy Procedure ◽  
Good For ◽  
The Law ◽  
The Right ◽  
Ordinary Citizens ◽  
Legal Entities

The relevance of the article is that society’s attitude to the bankruptcy procedure is ambiguous: ordinary citizens who have never been involved in bankruptcy proceedings often perceive it as a certain negative phenomenon that should be avoided and avoided. On the other hand, for many debtors, bankruptcy becomes the “lifeline” with which they can repay their claims to creditors and start financial life “from scratch”. At the same time, it should be noted that many debtors and creditors use the bankruptcy procedure not for the purposes provided by the legislator in the relevant legal norms, but to satisfy only their own interests, to the detriment of the interests of other parties to the case. In this regard, the study of the abuse of the right to initiate bankruptcy proceedings becomes relevant. The article is devoted to the study of abuse of the right to initiate bankruptcy proceedings. The purpose of the article is to study the abuse of the right to initiate bankruptcy proceedings and highlight the author’s vision of this issue. According to the results of the study, the author concludes that the application to the debtor of bankruptcy procedures can be both good for the debtor and to the detriment of the interests of his creditors. Entities that could potentially abuse the right to initiate bankruptcy proceedings are: creditors of the debtor – a legal entity, as well as debtors – legal entities, individuals and individuals – entrepreneurs. The fact of exemption of debtors from the court fee for filing an application to initiate bankruptcy proceedings is not only an unjustified luxury for our state, but also only contributes to the abuse of the right to initiate bankruptcy proceedings by unscrupulous debtors. In order to reduce the number of cases of abuse of the right to initiate bankruptcy proceedings, the author justifies the need to complicate the conditions for opening bankruptcy proceedings, for example, by returning the conditions provided by the Law of Ukraine “On Restoration of Debtor’s Solvency or Recognition of Debtor’s Bankruptcy”.

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