Indexing the International Law Reports (ILR)

2010 ◽  
Vol 10 (3) ◽  
pp. 205-210 ◽  
Author(s):  
Maureen McGlashan
Keyword(s):  
International Law ◽  
Related Material ◽  
Individual Volume ◽  
The Individual ◽  
Law Reports

AbstractThe index has been a key feature of the International Law Reports (ILR) since their inception in 1919. Apart from the individual volume indexes there have been five consolidated versions, each helping, by bringing related material together, to cast the jurisprudence in a new light. A sixth consolidation is in progress, running from Volumes 1–150. Maureen McGlashan, the indexer, describes the principles underlying the ILR indexing process and asks whether, with the Reports now available online at Justis, the index is any longer necessary. She also considers the role of the ancillary apparatus such as the Tables of Cases and Treaties.

The International Legal Personality of the Individual

2018 ◽  
Author(s):  
Astrid Kjeldgaard-Pedersen
Keyword(s):  
International Law ◽  
Legal Rights ◽  
Legal Personality ◽  
Legal Norms ◽  
State Of Affairs ◽  
The Individual ◽  
International Legal Personality ◽  
The Relationship ◽  
Second World

This book scrutinizes the relationship between the concept of international legal personality as a theoretical construct and the position of the individual as a matter of positive international law. By testing four main theoretical conceptions of international legal personality against historical and existing international legal norms that govern individuals, the book argues that the common narrative about the development of the role of the individual in international law is flawed. Contrary to conventional wisdom, international law did not apply to States alone until the Second World War, only to transform during the second half of the twentieth century to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is—and always was—solely contingent upon the interpretation of international legal norms. It follows, of course, that the entities governed by a particular norm tell us nothing about the legal system to which that norm belongs. Instead, the distinction between international and national legal norms turns exclusively on the nature of their respective sources. Against the background of these insights, the book shows how present-day international lawyers continue to allow an idea, which was never more than a scholarly invention of the nineteenth century, to influence the interpretation and application of contemporary international law. This state of affairs has significant real-world ramifications as international legal rights and obligations of individuals (and other non-State entities) are frequently applied more restrictively than interpretation without presumptions regarding ‘personality’ would merit.

The International Protection of Refugees

1954 ◽  
Vol 48 (2) ◽  
pp. 193-221 ◽  
Author(s):  
Paul Weis
Keyword(s):  
International Law ◽  
Specific Group ◽  
International Protection ◽  
The Subject ◽  
The Individual ◽  
Traditional Doctrine

The rôle of the individual in international law has for some time past been the subject of searching analysis by distinguished theorists. Recently the traditional doctrine that individuals are its objects only has been forcefully attacked by Professor Lauterpacht. It is intended to describe in this article certain developments on the international plane which affect the position of a specific group of individuals, the refugees.

International Legal Personality as a Theoretical Construct

2018 ◽  
Author(s):  
Astrid Kjeldgaard-Pedersen
Keyword(s):  
International Law ◽  
Legal Order ◽  
Theoretical Construct ◽  
Legal Personality ◽  
International Legal Order ◽  
The Individual ◽  
International Legal Personality ◽  
The Relationship ◽  
The Way

Chapter 2 identifies and explains the four theoretical conceptions of international legal personality, which will be tested against historical and existing norms of positive international law in Chapters 3–8. With particular focus on the role attributed to the individual as the ultimate subject of international law, the examination will concentrate on selected scholars’ conclusions on the criteria for, and the consequences of acquiring, international legal personality. Moreover, it will address the way in which proponents of the various conceptions perceive the relationship between the international legal order and national legal order(s) and the role of the concept of international legal personality in that regard. Given that a primary aim of the book is to ascertain the position of the individual as a matter of international lex lata, particular attention is given to the two main conceptions of international legal personality, which both claim to be positivist.

Introduction. An American Project

2019 ◽  
pp. 1-16
Author(s):  
Paolo Amorosa
Keyword(s):  
Twentieth Century ◽  
International Law ◽  
Political Discourse ◽  
Early Twentieth Century ◽  
The Individual ◽  
Previous Scholarship

The introduction sets the historiographical and political stakes of narrating and analyzing Scott’s campaign for the Spanish origin of international law, drawing on current methodological discussions and the role of the concept of equality in our political discourse. It also explains the relation of the book with previous scholarship on Scott and literature on the rise of international legal networks in the Americas in the early twentieth century. Moreover, it elaborates on the reasons for the primarily descriptive style the text adopts and on certain related choices of language. The introduction ends with an outline of the structure of the book and of the individual chapters.

Beyond Dispute: International Judicial Institutions as Lawmakers

2011 ◽  
Vol 12 (5) ◽  
pp. 979-1003 ◽  
Author(s):  
Armin von Bogdandy ◽  
Ingo Venzke
Keyword(s):  
International Law ◽  
International Courts ◽  
International Legal Order ◽  
Normative Expectations ◽  
Legal Structures ◽  
International Adjudication ◽  
The Individual ◽  
And Shifts ◽  
Legal Normativity

The increasing number of international judicial institutions, producing an ever-growing stream of decisions, has been one of the dominant features of the international legal order of the past two decades. The shift in quantity has gone hand in hand with a transformation in quality. Today, it is no longer convincing to only think of international courts in their role of settling disputes. While this function is as relevant as ever, many international judicial institutions have developed a further role in what is often called global governance. Their decisions have effects beyond individual disputes. They exceed the confines of concrete cases and bear on the general legal structures. The practice of international adjudication creates and shifts actors' normative expectations and as such develops legal normativity. Many actors use international judicial decisions in similar ways as they do formal sources of international law. To us, this role of international adjudication beyond the individual dispute is beyond dispute.

Inter-regime conversations: What barriers persist for individuals in international law?

2021 ◽  
pp. 1-14
Author(s):  
Nicholas J. Diamond ◽  
Kabir A. N. Duggal
Keyword(s):  
Human Rights ◽  
International Law ◽  
Structural Reforms ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The World ◽  
Treaty Interpretation ◽  
The Individual

Abstract Individuals have long occupied a precarious position within international law. Historically, conceived as the relation between states, international law rarely saw a need to consider individual claims; it was, instead, the role of states to bring claims on behalf of their nationals. As international law has become increasingly fragmented, however, globalization has thrust the individual onto the international legal plane. Within this landscape, we briefly consider individuals’ claims across three separate international regimes: (i) the International Court of Justice, (ii) investment treaties, and (iii) the World Trade Organization. We find that barriers for individuals’ recognition as rights holders persist across each. First, jurisdictional barriers remain fundamentally problematic for recognizing individuals’ claims. Second, the longstanding focus on treaty interpretation techniques has yielded little, if any, demonstrable impact on recognizing individuals’ rights. Third, mere reliance on reflecting human rights values, rather than specific and concrete structural reforms, has proven incompatible with realizing individuals’ rights within these three systems. Individuals qua rights holders have, rather acutely, recently experienced deeply troubling human rights violations on several fronts. Fundamentally, international law must protect human rights. This moment invites us to consider the systems on the international legal plane for individuals to seek such remedy and what barriers must be addressed to further such efforts.

Legal and Anthropological Approaches to International Refugee Law

2021 ◽  
Author(s):  
Katia Bianchini
Keyword(s):  
International Law ◽  
Academic Research ◽  
Legal Issues ◽  
Liberal Theory ◽  
Refugee Law ◽  
International Refugee Law ◽  
The Individual ◽  
Transnational Activities ◽  
Positivist Approach

This chapter offers an overview of the contribution of anthropology to the study of international refugee law. It starts with a review of the positivist legal approach, which has long dominated the field of international refugee law, with its focus on rules and states, and argues that this approach is unable to fully explain how refugee law is created and how it develops. Two recent strands—the transnational approach and the participatory approach—have criticized the limitations of the positivist approach and emphasized the role of transnational activities and actors in the process of lawmaking. However, these strands remain rooted in a liberal theory of international law, and they do not capture the complexities of the relevant human experiences. The chapter argues that an anthropological approach shifts the focus from states, borders, and citizenship towards the individual by combining and embedding human interpretations, behaviours, cultural contexts, and personal interactions with the law. Moreover, anthropological methods can enrich the understanding of the implementation of refugee law by empirically assessing legal issues. Beyond that, the chapter suggests areas that could benefit from future academic research at the interface of anthropology and refugee law.

The role of the individual in the protection of their rights and interests in international courts

2020 ◽  
pp. 403-422
Author(s):  
Lyazzat B. Nyssanbekova ◽  
Eugenia Kurzynsky-Singer ◽  
Zhuldyz T. Sairambaeva ◽  
Shaimardan M. Sharipov ◽  
Ilyas K. Kuderin
Keyword(s):  
International Law ◽  
National Level ◽  
Legal Regulation ◽  
Theoretical Issue ◽  
Legal Personality ◽  
Collective Actors ◽  
Conservative View ◽  
State Organizations ◽  
The Individual

The article deals with the theoretical issue of the legal personality of an individual. The main focus was on whether an individual is a subject of international law or not. The authors analyzed the provisions of normative legal acts of the interna-tional and national level of legal regulation of the citizen's right to appeal to state authorities and local self-government. The authors analyze the conservative view that only collective actors, such as states or state organizations (like the United Na-tions), can be subject to the rights and obligations of international law. This is what the article refers to as "a subject of international law", the holder of rights and ob-ligations in international law. The authors also argue that all laws exist in order to regulate the behavior of people; that states and state organizations can act only through individuals. According to the authors, many of the norms of international law are designed to regulate the behavior of people, regardless of whether they act as individuals or agents of the state (Karmaza et al., 2018). The authors agree that a lot of international law is designed to require or prohibit certain behavior. The article shows that regardless of whether the principles and norms of international law directly affect individuals or only indirectly by incorporating these norms - in-ternational law into national law, this is an important point in the theory of inter-national law.

Global prohibition regimes: the evolution of norms in international society

1990 ◽  
Vol 44 (4) ◽  
pp. 479-526 ◽  
Author(s):  
Ethan A. Nadelmann
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
International Society ◽  
Animal Species ◽  
Emotional Factors ◽  
The Face ◽  
The Subject ◽  
The Individual ◽  
Prohibition Regimes

The dynamics by which norms emerge and spread in international society have been the subject of strikingly little study. This article focuses on norms that prohibit, both in international law and in the domestic criminal laws of states, the involvement of state and nonstate actors in activities such as piracy, slavery, counterfeiting, drug trafficking, the hijacking of aircraft, and the killing of endangered animal species. It analyzes the manner in which these norms have evolved into and been institutionalized by global prohibition regimes and argues that there are two principal inducements to the formation and promotion of such regimes. The first is the inadequacy of unilateral and bilateral law enforcement measures in the face of criminal activities that transcend national borders. The second is the role of moral and emotional factors related to neither political nor economic advantage but instead involving religious beliefs, humanitarian sentiments, fears, prejudices, paternalism, faith in universalism, the individual conscience, and the compulsion to proselytize. The ultimate success or failure of an international regime in effectively suppressing a particular activity depends, however, not only on the degree of commitment to its norms or the extent of resources devoted to carrying out its goals but also on the vulnerability of the activity to its enforcement measures.

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