The alleged tension between the Global Compact for Safe, Orderly and Regular Migration and state sovereignty: ‘Much Ado about Nothing’?

2020 ◽  
Vol 33 (3) ◽  
pp. 713-730
Author(s):  
Francesca Capone

AbstractIn a landmark effort to finally acknowledge the necessity to jointly respond to the global phenomenon of large movements of refugees and migrants, the process initiated in 2016 with the approval of the New York Declaration for Refugees and Migrants eventually led to the adoption of two UN Global Compacts, respectively the Global Compact for Safe, Orderly and Regular Migration (GCM) and the Global Compact on Refugees (GCR). Despite the enthusiastic support shown at first by the international community, the GCM negotiations have been more controversial and ultimately shaken by the clamorous withdrawals of several states. The main argument used by the withdrawing governments to justify the sudden refusal to adopt the GCM was based on the claim that the document − although non-binding − undermines the ‘sovereign right’ of the state. Such a claim, given the centrality that the principle of state sovereignty has acquired since the Peace of Westphalia, deserves to be further analysed from an international law perspective by resorting to the ‘sovereignty test’ developed by Schrijver. The present work, after briefly introducing the main tenets of the GCM, applies the ‘sovereignty test’ to the GCM to dissect the alleged tension between state sovereignty on the one hand and the shared approach to international migration envisaged by the pact on the other. This article’s ultimate goal is to prove that the GCM does not aim to restrain state sovereignty; rather, it strives to remind states of existing international commitments already undertaken at the regional and global level.

1984 ◽  
Vol 98 (2) ◽  
pp. 98-109 ◽  
Author(s):  
J. Bruyn

AbstractFrom 1911 to 1961 Félix Chrétien, secretary to François de Dinteville II, Bishop of Auxerre in Burgundy, and from 1542 onwards a canon in that town, was thought to be the author of three remarkable paintings. Two of these were mentioned by an 18th-century local historian as passing for his work: a tripych dated 1535 on the central panel with scenes from the legend of St. Eugenia, which is now in the parish church at Varzy (Figs. 1-3, cf. Note 10), and a panel dated 1550 with the Martyrdom of St. Stephen in the ambulatory of Auxerre Cathedral. To these was added a third work, a panel dated 1537 with Moses and Aaron before Pharaoh, which is now in New York (Figs. 4-5, cf. Notes I and 3). All three works contain a portrait of François de Dinteville, who is accompanied in the Varzy triptych and the New York panel (where he figures as Aaron) by other portrait figures. In the last-named picture these include his brothers) one of whom , Jean de Dinteville, is well-known as the man who commissioned Holbein's Ambassadors in 1533. Both the Holbein and Moses and Aaron remained in the family's possession until 1787. In order to account for the striking affinity between the style of this artist and that of Netherlandish Renaissance painters, Jan van Scorel in particular, Anthony Blunt posited a common debt to Italy, assuming that the painter accompanied François de Dinteville on a mission to Rome in 1531-3 (Note 4). Charles Sterling) on the other hand, thought of Netherlandish influence on him (Note 5). In 1961 Jacques Thuillier not only stressed the Northern features in the artist's style, especially in his portraits and landscape, but also deciphered Dutch words in the text on a tablet depicted in the Varzy triptych (Fig. I) . He concluded that the artist was a Northerner himself and could not possibly have been identical with Félix Chrétien (Note 7). Thuillier's conclusion is borne out by the occurrence of two coats of arms on the church depicted in the Varzy triptych (Fig. 2), one of which is that of a Guild of St. Luke, the other that of the town of Haarlem. The artist obviously wanted it to be known that he was a master in the Haarlem guild. Unfortunately, the Haarlem guild archives provide no definite clue as to his identity. He may conceivably have been Bartholomeus Pons, a painter from Haarlem, who appears to have visited Rome and departed again before 22 June 15 18, when the Cardinal of S. Maria in Aracoeli addressed a letter of indulgence to him (without calling him a master) care of a master at 'Tornis'-possibly Tournus in Burgundy (Note 11). The name of Bartholomeus Pons is further to be found in a list of masters in the Haarlem guild (which starts in 1502, but gives no further dates, Note 12), while one Bartholomeus received a commission for painting two altarpiece wings and a predella for Egmond Abbey in 1523 - 4 (Note 13). An identification of the so-called Félix Chrétien with Batholomeus Pons must remain hypothetical, though there are a number of correspondences between the reconstructed career of the one and the fragmentary biography of the other. The painter's work seems to betray an early training in a somewhat old-fashioned Haarlem workshop, presumably around 1510. He appears to have known Raphael's work in its classical phase of about 1515 - 6 and to have been influenced mainly by the style of the cartoons for the Sistine tapestries (although later he obviously also knew the Master of the Die's engravings of the story of Psyche of about 1532, cf .Note 8). His stylistic development would seem to parallel that of Jan van Scorel, who was mainly influenced by the slightly later Raphael of the Loggie. This may explain the absence of any direct borrowings from Scorel' work. It would also mean that a more or less Renaissance style of painting was already being practised in Haarlem before Scorel's arrival there in 1527. Thuillier added to the artist's oeuvre a panel dated 1537 in Frankfurt- with the intriguing scene of wine barrels being lowered into a cellar - which seems almost too sophisticated to be attributed to the same hand as the works in Varzy and New York, although it does appear to come from the same workshop (Fig. 6, Note 21). A portrait of a man, now in the Louvre, was identified in 197 1 as a fragment of a work by the so-called Félix Chrétien himself (Fig. 8, Note 22). The Martyrdom of St. Stephen of 1550 was rejected by Thuillier because of its barren composition and coarse execution. Yet it seems to have too much in common with the other works to be totally separated, from them and may be taken as evidence that the workshop was still active at Auxerre in 1550.


Proglas ◽  
2020 ◽  
Vol 29 (2) ◽  
Author(s):  
Anton Getsov ◽  
◽  
◽  

The paper is part of a series of publications that set out to examine various aspects in the analysis of appositive constructions. The purpose of this particular study is to reveal the multidimensional, diverse, and complex interaction between three types of syntactic relations – attributive, predicative, and appositive. The study offers a critical review of various theories on the status of the grammatical relation between the components of non-detached (close) appositive constructions. The main argument of this paper is that determining this status, on the one hand, is a function of the morphological and semantic characteristics of the components of the construction, while, on the other hand, it determines their syntactic status.


Grotiana ◽  
2021 ◽  
Vol 42 (2) ◽  
pp. 335-353
Author(s):  
Dire Tladi

Abstract The concept of a Grotian moment remains rather obscure in international law. On the one hand, it can refer simply to an empirical fact which galvanises the ordinary law-making processes, whether treaty-making or State practice, resulting in major shifts in international law. On the other hand, a Grotian moment might be seen as an event so significant that it results in an extraordinary shift in international law without full adherence to the processes for law-making. The former understanding has little legal significance, while the latter, which would be legally significant, would be controversial and without legal basis. Against this background the article discusses the intersections between peremptory norms and Grotian Moments. It does this by looking at the intersection between the two concepts as well as the intersection between Grotian Moments, on the one hand and, on the other hand, particular jus cogens norms. With respect to the former, for example, the article will consider whether the high threshold of peremptory status facilitates and hinders Grotian moments. With respect to the latter, the article will consider particular norms that have been said to have shifted on account of the Grotian moments, namely the right to use of force in self-defence as well humanitarian intervention.


Author(s):  
José Duke S. Bagulaya

Abstract This article argues that international law and the literature of civil war, specifically the narratives from the Philippine communist insurgency, present two visions of the child. On the one hand, international law constructs a child that is individual and vulnerable, a victim of violence trapped between the contending parties. Hence, the child is a person who needs to be insulated from the brutality of the civil war. On the other hand, the article reads Filipino writer Kris Montañez’s stories as revolutionary tales that present a rational child, a literary resolution of the dilemmas of a minor’s participation in the world’s longest-running communist insurgency. Indeed, the short narratives collected in Kabanbanuagan (Youth) reveal a tension between a minor’s right to resist in the context of the people’s war and the juridical right to be insulated from the violence. As their youthful bodies are thrown into the world of the state of exception, violence forces children to make the choice of active participation in the hostilities by symbolically and literally assuming the roles played by their elders in the narrative. The article concludes that while this narrative resolution appears to offer a realistic representation and closure, what it proffers is actually a utopian vision that is in tension with international law’s own utopian vision of children. Thus, international law and the stories of youth in Kabanbanuagan provide a powerful critique of each other’s utopian visions.


2021 ◽  
Vol 6 ◽  
pp. 235-241
Author(s):  
Barbara Klonowska

This article reviews the recent monograph by Maxim Shadurski, The Nationality of Utopia. H. G. Wells, England, and the World State (New York: Routledge, 2020) in the context of utopian studies on the one hand, and the political ideas of the nation state vs. world state on the other.


2017 ◽  
Vol 3 (2) ◽  
pp. 148
Author(s):  
Johanis Leatemia

Orderly international community and international law are determined by a national court. Essentially, the national court must be competent to maintain the balance between the national interest which based on the national sovereignty as well as the provisions of international law within the framework of peaceful coexistence. This article reviews the role of national courts in creating and developing the customary international law. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. This purpose could be achieved if national courts were able to maintain a balance between the national interest based on the sovereignty of State on the one hand and the provisions of international law on the other. The function of the national court was to maintain a balance between international law and national law.


Politik ◽  
2017 ◽  
Vol 20 (3) ◽  
Author(s):  
Marc Jacobsen ◽  
Jeppe Strandsbjerg

By signing the Ilulissat Declaration of May 2008, the five littoral states of the Arctic Ocean pre-emptively desecuritized potential geopolitical controversies in the Arctic Ocean by confirming that international law and geo-science are the defining factors underlying the future delimitation. This happened in response to a rising securitization discourse fueled by commentators and the media in the wake of the 2007 Russian flag planting on the geographical North Pole seabed, which also triggered harder interstate rhetoric and dramatic headlines. This case, however, challenges some established conventions within securitization theory. It was state elites that initiated desecuritization and they did so by shifting issues in danger of being securitized from security to other techniques of government. Contrary to the democratic ethos of the theory, these shifts do not necessarily represent more democratic procedures. Instead, each of these techniques are populated by their own experts and technocrats operating according to logics of right (law) and accuracy (science). While shifting techniques of government might diminish the danger of securitized relations between states, the shift generates a displacement of controversy. Within international law we have seen controversy over its ontological foundations and within science we have seen controversy over standards of science. Each of these are amplified and take a particularly political significance when an issue is securitized via relocation to another technique. While the Ilulissat Declaration has been successful in minimizing the horizontal conflict potential between states it has simultaneously given way for vertical disputes between the signatory states on the one hand and the Indigenous peoples of the Arctic on the other.


2018 ◽  
Vol 7 (2) ◽  
pp. 251-275 ◽  
Author(s):  
Benoit Mayer

AbstractThis article analyzes the international law obligations that arise in relation to nationally determined contributions (NDCs). It argues that distinct and concurrent obligations arise from two separate sources. On the one hand, treaty obligations arise under the Paris Agreement, which imposes an obligation of conduct on parties: they must take adequate measures towards the realization of the mitigation targets contained in their NDCs. On the other hand, communications such as NDCs may constitute unilateral declarations that also create legal obligations. These unilateral declarations impose obligations of various types, which may extend beyond mitigation. For example, they may specify measures of implementation or demand the achievement of a particular result. The potential ‘double-bindingness’ of NDCs should be a central consideration in the interpretation of international law obligations regarding climate change.


Author(s):  
Goodwin-Gill Guy S ◽  
McAdam Jane ◽  
Dunlop Emma

This chapter defines and describes refugees. The term ‘refugee’ is a term of art, that is, a term with a content verifiable according to principles of general international law. In ordinary usage, it has a broader, looser meaning, signifying someone in flight, who seeks to escape conditions or personal circumstances found to be intolerable. For the purposes of international law, States have further limited the concept of the refugee. Defining refugees may appear an unworthy exercise in legalism and semantics, obstructing a prompt response to the needs of people in distress. On the one hand, States have nevertheless insisted on fairly restrictive criteria for identifying those who benefit from refugee status and asylum or local protection. On the other hand, the definition or description may facilitate and justify aid and protection, while satisfying the relevant criteria ought in practice to indicate entitlement to the pertinent rights or benefits. In determining the content in international law of the class of refugees, therefore, the traditional sources—treaties and the practice of States—must be examined, also taking into account the normative impact of the practice and procedures of the various bodies established by the international community to deal with the problems of refugees.


2021 ◽  
pp. 33-48
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis

This chapter examines the rules of international law governing the birth, the life, and the death of treaties. Treaties, a formal source of international law, are agreements in written form between States or international organizations that are subject to international law. A treaty falls under the definition of the Vienna Convention on the Law of Treaties (VCLT), no matter what form or title it may have. The most important factor is that it sets out obligations or entitlements under international law. The VCLT enumerates the rules governing the ‘birth’, ie the steps from the negotiation until the entry into force of the treaty; the ‘life’, ie the interpretation and application of the treaty; and its ‘demise’, ie its termination. The two fundamental tenets are, on the one hand, the principle ‘pacta sunt servanda’ and, on the other, the principle of contractual freedom of the parties.


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