Bewitching the world: remarks on ‘Inter-disciplinarity, the epistemological ideal of incontrovertible foundations, and the problem of praxis’

2020 ◽  
pp. 1-8
Author(s):  
Nicholas Onuf

Abstract Kratochwil's magnificent The Status of Law in World Society's first meditation, a philosophical discursus masquerading as a meditation about meditation, addresses how International Law and International Relations deal so differently with their common concerns. Kratochwil treats these concerns with his usual cogency. Yet, critical links are missing. How do we get from speaking as a normative practice to the status of law in today's world? How does language (even more than law) go from an ‘agency-related notion’ to ‘a pervasive force penetrating all social relations’? The bewitchment of the world through language is ontology's greatest mystery, worthy of endless meditation.

2005 ◽  
Vol 87 (858) ◽  
pp. 269-283 ◽  
Author(s):  
Sheikh Wahbeh al-Zuhili

AbstractThis article by an Islamic scholar describes the principles governing international law and international relations from an Islamic viewpoint. After presenting the rules and principles governing international relations in the Islamic system, the author emphasizes the principles of sovereignty and non-interference in the internal affairs of other States and the aspiration of Islam to peace and harmony. He goes on to explain the relationship between Muslims and others in peacetime or in the event of war and the classical jurisprudential division of the world into the abode of Islam (dar al-islam) and that of war (dar al-harb). Lastly he outlines the restrictions imposed upon warfare by Islamic Shari'a law which have attained the status of legal rules.


Author(s):  
Michael H. Ryan

As international relations grow in their scope and intensity, it is not surprising to find the traditional modes of diplomatie intercourse, centred around the permanent mission, giving way in many spheres to new forms of contact among nations that are more adapted to the exigencies of modem statecraft. Rapid communications and transportation have rendered superfluous or obsolete many of the functions which historically have been the preserve of the sedentary diplomat. Summit meetings, high level talks, and “shuttle diplomacy” provide a more direct and immediate means of communication which is resorted to with increasing frequency in a time when the world seems confronted with a rapid succession of crises. Moreover, the permanent mission, which evolved at a time when diplomacy was concerned primarily with the maintenance of political representation in foreign capitals, is not always well suited as an agency for participation in international conferences and congresses or negotiations on highly technical or scientific questions. These are matters which in recent years have become of increasing importance in the conduct of international relations.


Author(s):  
Azer Kagraman Ogly Kagramanov

The subject of this research is the examination of evolution of the idea of self-determination of peoples based on the fundamental works of the Russian and foreign scholars, thinkers of the antiquity and modernity. The author considers the transformations experienced by the principle of self-determination at various historical stages of development; as well as builds a corresponding systems of the development cycles. The conclusion is made that after conception of the idea of self-determination, the colonial powers viewed this concept as ethical, seeing the threat to legitimacy of the established order. Therefore, throughout almost a century, the leading countries refused to include this right into the corresponding international and domestic documents. The main conclusions are as follows: after consolidation of the principle in the Charter of the United Nations, it became the foundation for the emergence of news states and destruction of the colonial world; the principle served as a leitmotif for the development of human rights and international relations, but at the same time became a threat and challenge to the territorial integrity; wars between the countries are replaced with the civil and interethnic conflicts; the world is captured with such phenomena as state nationalism that subsequently grew into extremely radical forms, such as fascism and Nazism; the modern international law actively promotes the two competing principles – territorial integrity and self-determination; in modern world, the right to self-determination is not limited by peoples under the colonial past – there occur new forms of self-determination that threaten the existence of sovereign states. Uncertainty of the status of the newly emerged states formations serves as the source of domestic and international tension, which inevitably leads to intergovernmental clashes and negatively impacts geopolitical situation in separate regions and in the world as a whole.


2016 ◽  
Vol 65 (3) ◽  
pp. 741-761 ◽  
Author(s):  
Matthew Kennedy

AbstractIn the wake of the Faroe Islands fishing dispute, this article seeks to clarify the status of overseas territories in the World Trade Organization (WTO). The article considers the rule of public international law regarding the territorial application of treaties, the impact of territorial limitations in WTO goods and services schedules and the treaty actions of individual States responsible for the international relations of overseas territories. The article then explores the implications of WTO rights and obligations in respect of Members' overseas territories, including limitations on free riding and preferential treatment.


2019 ◽  
Vol 1 (1) ◽  
pp. 60-71
Author(s):  
Devi Yusvitasari

A country needs to make contact with each other based on the national interests of each country related to each other, including among others economic, social, cultural, legal, political, and so on. With constant and continuous association between the nations of the world, it is one of the conditions for the existence of the international community. One form of cooperation between countries in the world is in the form of international relations by placing diplomatic representation in various countries. These representatives have diplomatic immunity and diplomatic immunity privileges that are in accordance with the jurisdiction of the recipient country and civil and criminal immunity for witnesses. The writing of the article entitled "The Application of the Principle of Non-Grata Persona to the Ambassador Judging from the Perspective of International Law" describes how the law on the abuse of diplomatic immunity, how a country's actions against abuse of diplomatic immunity and how to analyze a case of abuse of diplomatic immunity. To answer the problem used normative juridical methods through the use of secondary data, such as books, laws, and research results related to this research topic. Based on the results of the study explained that cases of violations of diplomatic relations related to the personal immunity of diplomatic officials such as cases such as cases of persecution by the Ambassador of Saudi Arabia to Indonesian Workers in Germany are of serious concern. The existence of diplomatic immunity is considered as protection so that perpetrators are not punished. Actions against the abuse of recipient countries of diplomatic immunity may expel or non-grata persona to diplomatic officials, which is stipulated in the Vienna Convention in 1961, because of the right of immunity attached to each diplomatic representative.


2020 ◽  
pp. 35-70
Author(s):  
Scott Slorach ◽  
Judith Embley ◽  
Peter Goodchild ◽  
Catherine Shephard

This chapter focuses on the sources of law in England & Wales, and is organised as follows. Section 2.1 describes the key jurisdictions relevant to lawyers in England and Wales. Section 2.2 deals with the issue of where the law comes from: sources of law. Section 2.3 reviews the development of the two ‘traditional’ sources of law in England and Wales: case law and statutes. Sections 2.4 and 2.5 consider the status and operation of EU and international law, including the potential effect of Brexit. Section 2.7 goes on to discuss public and private law, common law, and civil law, and other classifications used by lawyers. This is followed by a discussion of legal systems and their cultures across the world.


Author(s):  
Ralph Pettman

International relations (IR) is widely accepted as an academic discipline in its own right, despite the many subdisciplines which hold it together. These disparate subdisciplines, in fact, have come to define international relations as a whole. Establishing systematic matrices that describe and explain the discipline as a whole can show how the subdisciplines that constitute international relations have sufficient coherence to allow us to say that there is a discipline there. To look at the discipline otherwise would be viewing it as a mere collection of insights taken from other disciplines—in short, international relations could not be defined as a discipline at all. Such an argument forms a more heterodox view of international relations—one which does not attempt to engage with traditional debates about what constitutes the subject’s core as compared with its periphery. The “old” international relations was largely confined to politico-strategic issues to do with military strategy and diplomacy; that is, to discussions of peace and war, international organization, international governance, and international law. It was about states and the state system and little more. By contrast the “new” international relations is an all-inclusive account of how the world works. The underlying coherence of this account makes it possible to provide more comprehensive and more nuanced explanations of international relations.


2009 ◽  
Vol 103 (4) ◽  
pp. 691-704 ◽  
Author(s):  
SEYLA BENHABIB

The status of international law and transnational legal agreements with respect to the sovereignty claims of liberal democracies has become a highly contentious theoretical and political issue. Although recent European discussions focus on global constitutionalism, there is increasing reticence on the part of many that prospects of a world constitution are neither desirable nor salutary. This article more closely considers criticisms of these legal transformations by distinguishing the nationalist from democratic sovereigntiste positions, and both, from diagnoses that see the universalization of human rights norms either as the Trojan horse of a global empire or as neocolonialist intentions to assert imperial control over the world. These critics ignore “the jurisgenerativity of law.” Although democratic sovereigntistes are wrong in minimizing how human rights norms improve democratic self-rule; global constitutionalists are also wrong in minimizing the extent to which cosmopolitan norms require local contextualization, interpretation, and vernacularization by self-governing peoples.


2017 ◽  
Author(s):  
Терновая ◽  
Lyudmila Tyernovaya

In the book from the standpoint of the sociology of the imagination represented such terms of international relations as national dream, happiness, miracle, freedom, hope etc. Their introduction to the number of categories for evaluating the status of States reflected the profound changes not only in the world order, but also in the interactions of the most important international factors. The publication is intended for students and professors of sociology, political science, history, philology, cultural and psychological disciplines, for readers, interested in international processes.


Author(s):  
Andrei Andreevich Kovalev ◽  
Ekaterina Yur'evna Knyazeva

The global governance theories assessment is among the poorly studied problems in Russian political science, though its topicality in the modern age of civilizational confrontation is beyond dispute. Primarily, the necessity to study the key global governance concepts is determined by the need for establishing effective relations with the Western and the Eastern countries. The purpose of the article is to analyze and estimate the main foreig global governance concepts, and it is achieved by solving the following tasks: 1) to consider the main definitions of global governance; 2) to detect the problem of legitimacy in international relations; 3) to consider the legitimacy of global governance. The authors give special attention to the underestimated source of global governance legitimacy - the liberal legal principles. As a political program, global governance is understood as a political and legal aspect of globalization. In recent decades, global governance theories have been adopted as a research program in the field of social sciences. Within the (neo)liberal institutionalism tradition, particularly, the interdependence theories, global governance approaches consider the consolidation of international cooperation and the transformation of the global system in which the anarchical system of sovereign national states is considered as a multilayer system including nongovernmental subjects. The researchers try to model power as “governance” without subjects which  are formally justified and entitled with the use of force monopoly. The future of global governance is connected with effective international law able to timely settle the arising disputes and deter possible aggression which, in the age of civilizational confrontation, can lead to the last war in human history. The effectiveness of global governance depends on what globalization direction the leading civilizations will choose: the force-based American way, or the way taking into account the interests of most peoples of the world.   


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