scholarly journals Transforming (Private) Rights through (Public) International Law: Readings on a ‘Strange and Painful Odyssey’ in the PCIJ Mavrommatis Case

2011 ◽  
Vol 24 (4) ◽  
pp. 873-897 ◽  
Author(s):  
MICHELLE BURGIS
Keyword(s):  
International Law ◽  
Legal Discourse ◽  
Self Determination ◽  
Public And Private ◽  
Public International Law ◽  
The Core ◽  
Private Rights ◽  
The Relationship ◽  
Historical Consideration

AbstractStraddling both the centres of (European) power and the shifting dynamics of the post-Ottoman world in a quest to guarantee private rights through public international legal redress, the PCIJ Mavrommatis case provides a rich resource for interrogating the extent to which international law during the League period could speak for voices on the edge of empire. In this article, historical consideration of the regimes of empire and Mandate form the backdrop to an exploration into how international legal discourse (re)configured the relationship between the core and the periphery, especially for those peoples awaiting the promise of self-determination and sovereignty. The figure of a lone Greek investor and his dashed hopes in the newly created Palestine Mandate is the backdrop to this tail of ever-shifting interpretations of public and private rights, of speech as well as silence before and beyond the Peace Palace.

scholarly journals RELATIONSHIP AND INTERACTION OF INTERNATIONAL PUBLIC, INTERNATIONAL PRIVATE LAW AND NATIONAL LAW

2019 ◽  
Vol 3 (88) ◽  
pp. 108
Author(s):  
Aleksandrs Baikovs ◽  
Ilona Bulgakova
Keyword(s):  
International Law ◽  
Theoretical Research ◽  
Axiomatic Method ◽  
Private Law ◽  
Private International Law ◽  
Public And Private ◽  
Public International Law ◽  
Analysis And Synthesis ◽  
The Relationship ◽  
Research Analysis

The purpose of this paper is to analyze the interplay between international public and private law and national law, and to provide an assessment of the theory of public and private law and its interrelationship.Private international law is closely linked to public international law. However, if public international law is an autonomous system of law, then private international law is an integral part of national law, since it governs cross-border private law relations.The objectives of the study stem from its purpose, namely:to clarify the nature and understanding of international public and private law; to clarify the relationship between international public and private law and national (internal) law. The object of the research is the problems of the relation and interrelation of international public and private law.As a result of the study, several conclusions were drawn, which are as follows: 1) public international law is an independent legal system, but private international law is an integral part of national law; 2) there is a relationship between public international law and private international law; 3) general theoretical categories and concepts are partly incompatible with the nature of both international public and private international law; 4) the value, validity, and credibility of contemporary theoretical research in international law largely depends on the inclusion of relevant categories andThe following methods have been used in the research: analysis and synthesis, induction and deduction, abstracting, generalization, analogy, idealization, formalization, axiomatic method, systematic and historical research.

Self-Determination and Territorial Integrity: Southern Cameroons and the Republic of Cameroun

2019 ◽  
Vol 27 (4) ◽  
pp. 629-653
Author(s):  
Valerie Muguoh Chiatoh
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Third World ◽  
Self Determination ◽  
Territorial Integrity ◽  
Present Issue ◽  
The Republic ◽  
The Relationship

African states and institutions believe that the principle of territorial integrity is applicable to sub-state groups and limits their right to self-determination, contrary to international law. The Anglophone Problem in Cameroon has been an ever-present issue of social, political and economic debates in the country, albeit most times in undertones. This changed as the problem metamorphosed into an otherwise preventable devastating armed conflict with external self-determination having become very popular among the Anglophone People. This situation brings to light the drawbacks of irregular decolonisation, third world colonialism and especially the relationship between self-determination and territorial integrity in Africa.

Separatism in the Comoros: Some Legal Aspects

1998 ◽  
Vol 11 (2) ◽  
pp. 247-256 ◽  
Author(s):  
Gino J. Naldi
Keyword(s):  
International Law ◽  
Legal Aspects ◽  
Self Determination ◽  
Small Island ◽  
African Unity ◽  
Island State ◽  
Organization Of African Unity ◽  
State Of Affairs ◽  
Small Island State ◽  
The Relationship

Since its founding in 1963, the Organization of African Unity (OAU) has placed special emphasis on the preservation of the territorial integrity of African states. It has actively contributed to the development of relevant rules of international law, such as that of uti possidetis. Its opposition to the fragmentation of states has been absolute. However, the small island state of Comoros has challenged this state of affairs. The seemingly successful secession of ‘Anjouan’ has threatened the cherished principles of the OAU. This article critically analyzes the relationship between the principles at the heart of the dispute, those of self-determination and uti possidetis, and concludes that there is no legal proscription on the secession of ‘Anjouan’.

Foreign act of state and empire

2020 ◽  
Vol 71 (2) ◽  
pp. 135-155
Author(s):  
Courtney Grafton
Keyword(s):  
Seventeenth Century ◽  
International Law ◽  
British Empire ◽  
Legal Reasoning ◽  
Public International Law ◽  
Sovereign Equality ◽  
English Law ◽  
The Relationship

The judicial restraint limb of the foreign act of state doctrine is presented as a time-worn doctrine dating back to the seventeenth century. Its legitimacy is indelibly wedded to its historical roots. This article demonstrates that this view is misguided. It shows that the cases which are said to form the foundation of the judicial restraint limb primarily concern the Crown in the context of the British Empire and are of dubious legal reasoning, resulting in a concept trammelled by the irrelevant and the obfuscating. It has also unnecessarily complicated important questions relating to the relationship between English law and public international law. This article suggests that the judicial restraint limb of the foreign act of state doctrine ought to be understood on the basis of the principle of the sovereign equality of states and conceptualised accordingly.

Jurisprudence and Jurists’ Prudence: The Iranian-Forum Clause Decisions of the Iran-U.S. Claims Tribunal

1984 ◽  
Vol 78 (1) ◽  
pp. 1-52 ◽  
Author(s):  
Ted L. Stein
Keyword(s):  
International Law ◽  
Private International Law ◽  
Public And Private ◽  
The Future ◽  
Effective System ◽  
Contractual Obligations ◽  
Contractual Choice ◽  
The Relationship

On November 5, 1982, the Iran-U.S. Claims Tribunal decided a series of nine cases presenting issues of the greatest significance for the future course of that Tribunal’s work. The issue for decision in each case was the effect of a contractual choice-of-forum clause on the Tribunal’s own jurisdiction, an issue likely to arise in a great many cases. Squarely presented were issues pertaining to the relationship between public and private international law, the content of a state’s obligation under international law to maintain an adequate and effective system of local remedies, and the scope of “changed circumstances” as a ground for release from contractual obligations.

scholarly journals Crimean conflict – from the perspectives of Russia, Ukraine, and public international law

2015 ◽  
Vol 15 (2) ◽  
pp. 23-45
Author(s):  
Milena Ingelevič-Citak
Keyword(s):  
International Law ◽  
Legal Status ◽  
Self Determination ◽  
Historical Background ◽  
Public International Law ◽  
Russian Law ◽  
The Right ◽  
Crimean Crisis ◽  
Secessionist Movement

Abstract The article presents the Crimean conflict from Russian and Ukrainian standpoints, confronting them with international law analysis. It is worth to mention, that Crimean crisis is still extremely controversial, since both parties are justifying their actions with norms of international law. This article starts with brief introduction of historical background of the Crimean crisis. Second chapter assesses the Crimean secessionist movement claiming the right of self-determination, and its compliance with Ukrainian law. Third chapter examines Russia’s position and its actions on the basis of Russian law. Fourth chapter presents the international law analysis of events in Crimea and its current legal status. Results of the analysis are presented in a conclusion.

1. Foundations and structure of international law

2019 ◽  
pp. 1-20
Author(s):  
Anders Henriksen
Keyword(s):  
International Law ◽  
Legal System ◽  
Historical Overview ◽  
Public International Law ◽  
Legal Rules ◽  
System P ◽  
Rules And Principles ◽  
The Subject ◽  
International Legal System ◽  
The Relationship

This chapter introduces the subject of public international law and provides an overview of its most important elements. It begins with a brief historical overview of international law. It then presents the international legal system consisting of different structures of legal rules and principles; discusses the basis of international legal obligation; offers a brief overview of the relationship between international law and national law; and deals with the issue of enforcement. The chapter concludes with some remarks about the alleged inadequacies of international law and the tension between notions of justice and order that is so prevalent within the international legal system.

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