The Global Compact for Safe, Orderly and Regular Migration: a kaleidoscope of international law

2020 ◽  
Vol 16 (3) ◽  
pp. 253-268
Author(s):  
Vincent Chetail
Keyword(s):  
International Law ◽  
Soft Law ◽  
The Political ◽  
Political Debate ◽  
Global Compact ◽  
Legal Norms ◽  
Hybrid Character ◽  
Normative Content

AbstractThe Global Compact for Safe, Orderly and Regular Migration has prompted an intense political debate at both the international and domestic levels. Most controversies focus on its legal stance and highlight the hybrid character of the Compact as a soft-law instrument. While acknowledging the political nature of the Compact, this paper delves into its legal dimensions from the perspective of international law. This inquiry into its normative content discloses three main features: (1) the Compact is not a codification of international legal norms governing migration; it is an instrument of both (2) consolidation and (3) expansion of international law to foster inter-governmental co-operation and promote safe, orderly and regular migration.

scholarly journals “ATOMIC LAW” OR “NUCLEAR LAW”? AN ACADEMIC DISCUSSION REVISITED

2018 ◽  
Vol 5 (3) ◽  
pp. 135-151
Author(s):  
J. Handrlica
Keyword(s):  
Ionizing Radiation ◽  
International Law ◽  
Nuclear Energy ◽  
Popular Literature ◽  
Atomic Energy ◽  
Soft Law ◽  
Legal Scholarship ◽  
National Legislation ◽  
Legal Norms ◽  
Energy Law

The terms “atomic law” and “nuclear law” are regularly being (to a certain part as synonyms) used in both scientific and popular literature to refer to a body of legal norms, governing peaceful uses of nuclear energy and ionizing radiation, as provided by sources of international law (“international atomic law,” or “international nuclear law”), national legislation and a complex body of unbinding norms (soft law). Further, several other variations of these terms are also regularly used (such as “atomic energy law,” “nuclear energy law,” “international nuclear law,” “law of the atomic/nuclear energy,” etc.). This contribution aims to identify the origins of this terminological labyrinth and to deal with the perception of these terms in the legal scholarship. Further, this contribution deals with the recent perception of these terms in the legal science of major States, using nuclear energy for peaceful purposes. This article aims to clarify the existing terminology, which is to large extent being used in the literature without an appropriate explanation. The author pleads for a consequent use of the term “nuclear law” (droit nucléaire, yadernoe pravo, Nuklearrecht, derecho nuclear, diritto nucleare) and presents arguments for such conclusion.

scholarly journals The “philosophy” of economic diplomacy as an instrument of “soft law”: history and modernity

2021 ◽  
pp. 126-134
Author(s):  
Igor' Olegovich Nadtochii ◽  
Oleg Alekseevich Novikov
Keyword(s):  
International Relations ◽  
International Law ◽  
World Order ◽  
Soft Law ◽  
Legal Norms ◽  
Economic Diplomacy ◽  
Continuous Application ◽  
The Subject ◽  
Global World ◽  
The Impact

The subject of this research is the phenomenon of economic diplomacy as an instrument of “soft law”, which is becoming widespread in the international relations of modern multipolar world. The object of this research is the international relations and the impact of international legal norms upon formation of their peculiarities. Attention is given to the differences between “soft” and “hard” international law, as well as international and “quasi-international” law. The author explores various historical aspects of international relations, within the framework of which are implemented certain legal mechanisms and instruments. Incompletion of evolution of the phenomenon of “soft law” at the present stage is observed. The conclusion is made that the task of “soft law” in international relations lies in the use of the established international legal toolset and correction of the global world order to the benefit of a certain country of group of countries. It is noted that that key criterion that determines “soft law” as a unique instrument of international relations and international law is the nature of the means that without the extensive use of non-legal instruments. At the same time, the authors claim that in a number of cases, the emergence of legal mechanisms is the result of continuous application of “soft law”.

scholarly journals Blessed [Are] the Peacemakers... Grotius on the Just War and Christian Pacifism

Grotiana ◽  
2011 ◽  
Vol 32 (1) ◽  
pp. 20-39 ◽  
Author(s):  
Matthijs De Blois
Keyword(s):  
International Law ◽  
Just War ◽  
The Political ◽  
War And Peace ◽  
Political Debate ◽  
Hugo Grotius ◽  
The Reformation ◽  
Central Tenet ◽  
Magnum Opus ◽  
Proper Interpretation

AbstractIn The Law of War and Peace Grotius needs many more pages for the theological arguments in the debate on war and peace than for the arguments derived from natural law and international law. Apparently the controversy within Christendom on the justifiability of warfare was one of the most important issues to be addressed in his magnum opus. The general discussion in his days was about the proper interpretation of the Holy Scriptures, the authority of which was accepted by all participants. This contribution focuses on the position of Hugo Grotius in this debate, confronting his ideas with the biblical arguments of those who (almost) completely rejected warfare, more in particular Erasmus and the Anabaptist branch of the Reformation. Grotius rejected the arguments in favour of Christian pacifism, which was to a considerable degree defended by Erasmus and which formed a central tenet of the Anabaptists. The latter's apolitical stand was not shared by Grotius or by Erasmus who were both albeit to different degrees involved in the political debate and practice in the field of war and peace.

scholarly journals EU Policies in time of coronavirus crisis

2020 ◽  
Vol 1 (1) ◽  
pp. 30
Author(s):  
Danai-Georgia Koutsopoulou
Keyword(s):  
Liberal Democracy ◽  
The Political ◽  
Political Debate ◽  
Current Crisis ◽  
Legal Norms ◽  
Eu Policies

This paper seeks to uncover the link between the current crisis in the field of migration and asylum policies and the rise of populist polarization in Europe. Provided that normative consistency serves effectiveness, the study reflects on the existing literature, selected legislative acts, and cases. Hence, criticism against the European Union’s heterodetermination and inertia in the political debate is simmering. Populist phenomena all over the spectrum define the supranational policymaking, outweighing voices of inclusion and democracy, if not the very essence of the Union’s value-based system. Contrariwise, liberal democracy shall not only be capable of defending itself and including the alien when the fears come true but also educating its citizens in the democratic realm before enforcement promptitude is practically imperative.  All in all, primary and secondary legal norms entail adequate solutions to address the issue institutionally, subject to political determination, and courage.

Defining Liberalism: the first Home Rule crisis in the Scottish capital

2016 ◽  
Vol 67 (1) ◽  
pp. 6-30
Author(s):  
M. K. Thompson
Keyword(s):  
The Political ◽  
Perceived Threat ◽  
Home Rule ◽  
Political Debate ◽  
Traditional Assessment ◽  
Core Value ◽  
Irish Question

The nature of liberalism was at the heart of the political debate surrounding the first Irish Home Rule bill in Edinburgh. The rhetoric of the campaign was dominated by the fight for the ownership of liberalism, and it was pivotal for all the candidates standing in Edinburgh to present themselves as liberals, and to define their stance on the Irish question by associating it to a core value of liberalism. Democracy and the protection of minorities were the two values used to justify the candidates’ stances on Irish Home Rule, and the perceived threat of Irish Catholicism was often the focus of the associated arguments. The discourse that resulted from this justification centred on a fight to define the essence of liberalism. Therefore, the Irish Home Rule debate in Edinburgh demonstrates that the Liberal split was more nuanced than the traditional assessment of a Whig versus Radical split. Instead, the debate on the Irish question signified the struggle of liberalism.

Making Human Rights a Reality

2013 ◽  
Author(s):  
Emilie M. Hafner-Burton
Keyword(s):  
Human Rights ◽  
International Law ◽  
World Population ◽  
International Human Rights Law ◽  
Legal Norms ◽  
Human Rights Protection ◽  
National Human ◽  
The World ◽  
Protection Of Human Rights ◽  
National Human Rights Institutions

In the last six decades, one of the most striking developments in international law is the emergence of a massive body of legal norms and procedures aimed at protecting human rights. In many countries, though, there is little relationship between international law and the actual protection of human rights on the ground. This book takes a fresh look at why it's been so hard for international law to have much impact in parts of the world where human rights are most at risk. The book argues that more progress is possible if human rights promoters work strategically with the group of states that have dedicated resources to human rights protection. These human rights “stewards” can focus their resources on places where the tangible benefits to human rights are greatest. Success will require setting priorities as well as engaging local stakeholders such as nongovernmental organizations and national human rights institutions. To date, promoters of international human rights law have relied too heavily on setting universal goals and procedures and not enough on assessing what actually works and setting priorities. This book illustrates how, with a different strategy, human rights stewards can make international law more effective and also safeguard human rights for more of the world population.

The New Terrain of International Law

2014 ◽  
Author(s):  
Karen J. Alter
Keyword(s):  
International Law ◽  
Case Studies ◽  
Domestic Politics ◽  
Political Influence ◽  
The Political ◽  
International Courts ◽  
Constitutional Review ◽  
Delegation Of Authority ◽  
The World ◽  
The Law

In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. This book charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The book presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, the book argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. The book explains how this limited power—the power to speak the law—translates into political influence, and it considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.

«Soft law» in the law of the Eurasian Ec onomic Union: place and possibility of challenging

2020 ◽  
Vol 9 ◽  
pp. 35-42
Author(s):  
P.P. Myslivsky ◽  
◽  
I.N. Shchurova
Keyword(s):  
International Law ◽  
International Organizations ◽  
Soft Law ◽  
Binding Force ◽  
Eurasian Economic Union ◽  
Economic Commission ◽  
Economic Union ◽  
The Law

In international law, there are sources that do not formally have binding force, but may indicate the emergence of the opinio juris of states, as well as emerging practice. The Eurasian Economic Union also issues acts that are not formally binding: they are adopted by the Eurasian Economic Commission in the form of recommendations. In addition, the Union takes into account the recommendatory acts of other international organizations. At present, the practice of the EAEU Court indicates that this body takes into account “soft law” in the course of argumentation, but proceeds from the impossibility of challenging acts that are recommendations of the EEC. The authors give ways to establish the possibility of challenging the EEC recommendations in the EAEU Court.

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