THE EFFICACY CONDITION

Legal Theory ◽  
2019 ◽  
Vol 25 (4) ◽  
pp. 225-243
Author(s):  
Thomas Adams
Keyword(s):  
International Law ◽  
Legal System ◽  
Ontological Status ◽  
Joseph Raz ◽  
The Relationship

ABSTRACT“A legal system exists,” Joseph Raz claims, “if and only if it is in force.” By this he means to suggest that the efficacy of law—that is, its capacity to control the population to which it applies—is necessary for its identity as such. Despite widespread recognition that efficacy is a condition of the existence of law, however, little time has been spent analyzing the notion. This article begins an attempt to make up the deficit. I make the case for efficacy as necessary for law and go on to develop and defend an account of the concept that is broadly Kelsenian in spirit. In doing so I address questions concerning the relationship between obedience and enforcement in an account of the existence of a legal system as well as relating the discussion to that concerning the ontological status of international law.

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.

1. Foundations and structure of international law

2021 ◽  
pp. 1-19
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.

Responsibility and Immunities

2014 ◽  
Vol 11 (1) ◽  
pp. 114-171 ◽  
Author(s):  
Alexander Orakhelashvili
Keyword(s):  
International Law ◽  
International Organizations ◽  
Legal System ◽  
Present Contribution ◽  
Relative Growth ◽  
The Past ◽  
International Legal System ◽  
The Law ◽  
The Relationship

Over the past couple of decades, the relative growth of the human-oriented element in the international legal system has been one of the defining characteristics of the process of its evolution. Rules, instruments, practices and institutions for protecting individuals in peacetime as well as during times of war keep multiplying and becoming more imperative. How does the law respond to underlying the dilemmas this presents: through developing a system of effective remedies, or by admitting and tolerating substantial gaps in accountability? The present contribution covers the law of the responsibility of international organizations and the multiple grounds of attribution under it, mainly focusing on the International Law Commission’s Draft Articles on the Responsibility of International Organizations and their applicability in practice. It also focuses on the immunities of international organizations, their sources and scope, and on the relationship between their competing or conflicting standards. There is more inter-dependence between the standards under the law of responsibility and those under the law of immunities than often meets the eye, and such inter-dependence is dictated by the orderly operation of both these branches of international law.

scholarly journals Evolution of Individual Status in International Law

2018 ◽  
Vol 11 (4) ◽  
pp. 116
Author(s):  
Sayel Mofleh Momani ◽  
Maher Saleh Al-Jubouri ◽  
Noor Akef Al-Dabbas
Keyword(s):  
International Law ◽  
Legal System ◽  
Legal Status ◽  
Legal Person ◽  
Legal Personality ◽  
The Status ◽  
International Legal Order ◽  
The Individual ◽  
The Right ◽  
The Relationship

Each legal system has individuals who are addressed with its rules and that the legal rules of the legal system are designed to regulate the relationship between these individuals, and one individual can have legal personality in more than one legal system. The legal personality of these individuals is highlighted by the relationship between them and the legal system in which arranges for them rights and impose obligations on them. The rights and duties of a legal person are not the same; they vary from person to person within the same legal system, and vary from one legal system to another. With regard to the international legal order, it has its own international legal persons, foremost among them States. As for the individual, his legal status under general international law is still not clearly defined and is a subject of controversy among the jurists and interpreters of international law. We will present the position of international jurisprudence on the status of the individual in the first demand, the rules of international law that address individuals directly in a second demand, and the right to submit complaints and claims at the international level in a third demand.

Customary International Law and the General Principles of Law Recognized by Civilized Nations

2019 ◽  
Vol 21 (3-4) ◽  
pp. 307-324
Author(s):  
Michael Wood
Keyword(s):  
International Law ◽  
Recent Work ◽  
Legal System ◽  
Customary International Law ◽  
General Principles Of Law ◽  
International Legal System ◽  
International Law Commission ◽  
The Relationship ◽  
Law Commission

Abstract This article looks beyond customary international law and asks whether the source of international law listed in Article 38, paragraph 1(c) of the ICJ Statute (‘the general principles of law recognized by civilized nations’) might join the dance. Is there a risk that general principles of law may be too easily invoked where no applicable treaty or rule of customary international law can be identified? In emphasizing the distinction between customary international law and general principles of law, the article first recalls relevant recent work of the International Law Commission. It then addresses the term ‘general international law’ and certain problems related to it, and raises questions concerning the relationship between customary international law and general principles of law. Before drawing some conclusions, reference is also made to the place of general principles of law within the international legal system.

The Role of Academics in the Legal System

2005 ◽  
Author(s):  
William Twining ◽  
Ward Farnsworth ◽  
Stefan Vogenauer ◽  
Tesón Fernando
Keyword(s):  
United Kingdom ◽  
International Law ◽  
Legal System ◽  
Civil Law ◽  
Legal Scholarship ◽  
The United Kingdom ◽  
System P ◽  
The Relationship

This article considers the ways in which legal scholars relate to and participate in practical legal affairs. The discussion covers audiences and influence of legal scholars in the United Kingdom; the relationship between the American legal academy and the institutions; civil law systems; the nature of international legal scholarship; and the influence of international legal scholars on international law.

1. Foundations and structure of international law

2017 ◽  
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.

The Epistemological Necessity of Legal Monism

2018 ◽  
Author(s):  
Paul Gragl
Keyword(s):  
International Law ◽  
Short Introduction ◽  
Pure Theory ◽  
Legal Validity ◽  
Joseph Raz ◽  
The Law ◽  
Theory Of Law ◽  
The Relationship

This chapter depicts and defends monism in its positivist-epistemological manifestation (as envisaged by the Vienna School of Jurisprudence’s pure theory of law) as the most viable concept to theorize the relationship between different bodies of law. After a short introduction to the (neo-)Kantian sources of Kelsen’s theory, the concept of the Grundnorm and the hierarchy of norms will be discussed in detail. Subsequently, it will be argued why legal monism under the primacy of international law is the only avenue through which the law can be meaningfully cognized and the concept of legal validity be taken seriously. The last part of the chapter is dedicated to a defence of legal monism against two of its staunchest critics, namely H.L.A. Hart and Joseph Raz.

The Protection of Intellectual Property in International Law

2017 ◽  
Author(s):  
Henning Grosse Ruse-Khan
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Free Trade ◽  
Legal System ◽  
Biological Diversity ◽  
Ip Protection ◽  
Holistic View ◽  
Ip Law ◽  
Rule Systems ◽  
The Relationship

This book examines intellectual property (IP) protection in the broader context of international law. Against the background of the debate about norm relations within and between different rule systems in international law, it constructs a holistic view of international IP law as an integral part of the international legal system. The first part considers norm relations within the international IP law system. It analyses the relationship of the two main unilateral IP conventions to the World Trade Organisation (WTO) Agreement on Trade Related Aspects of International Property Rights (TRIPS), as well as the relationship between TRIPS and subsequent Free Trade Agreements (FTAs). The second part discusses alternative rule systems for the protection of IP. The third part identifies important intersections and links between the traditional system of IP protection and other areas of international law related to environmental, social, and economic concerns. These include free trade in goods; biological diversity, genetic resources, and traditional knowledge; multilateral environmental agreements (MEAs) on climate change; and access to medicines and food. This analysis provides significant insights into the nature and quality of international law as a legal system. The fourth part identifies appropriate norms within the international IP system that can respond to these complexities and linkages.

The Administration of Arms Control: Ensuring Accountability and Legitimacy of Field Operations

2009 ◽  
Vol 6 (2) ◽  
pp. 627-653
Author(s):  
Axel Marschik
Keyword(s):  
Civil Society ◽  
International Law ◽  
Legal System ◽  
Arms Control ◽  
Administrative Law ◽  
Basic Principles ◽  
Field Operation ◽  
The Many ◽  
The Relationship

AbstractInternational arms control operations are based on a foundation of global programs and instruments. An analysis of these operations gives an indication of the many challenges they face in practice and what administrative means have been developed to address them. Special attention is devoted to the secondary norms of accountability and to the relationship between the internal legal system of the field operation, often conceived as a largely autonomous self-contained regime, and the legal system of its higher authority and general international law. Finally, the increasingly relevant participatory role of civil society in arms control and its conformity with basic principles of international administrative law will also be examined.

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