China's Participation in the Second Hague Conference and the Concept of Equal Sovereignty in International Law

2021 ◽  
pp. 1-21
Author(s):  
Ryan Martínez MITCHELL
Keyword(s):  
Latin America ◽  
International Law ◽  
Legal Reform ◽  
Great Power ◽  
Weak States ◽  
Legal Norms ◽  
Multilateral Negotiations ◽  
Foreign Occupation ◽  
First Time

Abstract Despite the Qing Empire's formal inclusion as a member of the Eurocentric community of states by the turn of the 20th century, its lack of full sovereign status was frequently reasserted in practice. This included proceedings where legal norms were unilaterally applied to it as an object of regulation, provoking a pursuit of agency. In particular, the unprecedented foreign occupation and administration of China after the Boxer crisis of 1899–1901 spurred efforts in pedagogy, legal reform, and diplomacy. Several such efforts subsequently overlapped at the Second Hague Conference in 1907. There, Qing diplomats for the first time influenced multilateral negotiations, and discovered a nascent solidarity with other “weak” states in Latin America and Asia. Joint struggle against great power initiatives sparked new conversations about the equality of states, however, major questions about the implications of sovereign status for genuine agency, and the contingent forms of international legal “progress,” remained unresolved.

scholarly journals EU Sanctions against Russia: Features of the Legal Mechanism

2018 ◽  
Vol 5 (3) ◽  
pp. 17-21
Author(s):  
O M Meshcheryakova
Keyword(s):  
International Law ◽  
Eu Law ◽  
Present Stage ◽  
Distinctive Features ◽  
Legal Norms ◽  
Legal Problems ◽  
The Subject ◽  
Legal Mechanism ◽  
First Time ◽  
Domestic Law

The article is devoted to the examination of the new stage of EU. The aim of the article is to analyze legal problems related to the formation of modern EU law international and integration law in the context of globalization, the place of integration law in the system of the legal international law and the formation of Russia’s overall international policy.Scope of the article is the norms of integration law, international law, European Union (EU) law and domestic law, aimed at solving these problems and the features of the legal mechanism of sanctions of EU at the present stage of the development of EU law.The article analyses the perspectives of the further transformation of the alliance, including the prospects of the elaboration of the new strategic concept.Author’s reasonable position relies on the legislation and opinions of the competent scientif ic environment on the question of patterns of the development of the subject in point. Based on the analysis of legal norms, the distinctive features of the development of the concept of «sanction» are differentiated regarding globalization and the formation of integration communities caused by it.The methodological basis of the research is a set of methods of scientific knowledge, among which the main place is occupied by the methods of historicism, comparative-legal, as well as formal-legal and systemic approach.The analysis at the article of the formation of a new legal international and integration law and of integration law carried out in the article and its connection with the practice is for the first time conducted in the Russian legal science. Its provisions can be used in further studies on issues of integration, international, European and comparative law.The research revealed the importance of integration communities for the development of international law.

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.

Piracy and Law in the Ottoman Mediterranean

2017 ◽  
Author(s):  
Joshua M. White
Keyword(s):  
International Law ◽  
Mediterranean Basin ◽  
Islamic Law ◽  
Comprehensive Examination ◽  
Legal Space ◽  
The Mediterranean ◽  
First Time ◽  
Eastern Half ◽  
The Mediterranean Basin

This book offers a comprehensive examination of the shape and impact of piracy in the eastern half of the Mediterranean and the Ottoman Empire’s administrative, legal, and diplomatic response. In the late sixteenth and seventeenth centuries, piracy had a tremendous effect on the formation of international law, the conduct of diplomacy, the articulation of Ottoman imperial and Islamic law, and their application in Ottoman courts. Piracy and Law draws on research in archives and libraries in Istanbul, Venice, Crete, London, and Paris to bring the Ottoman state and Ottoman victims into the story for the first time. It explains why piracy exploded after the 1570s and why the Ottoman state was largely unable to marshal an effective military solution even as it responded dynamically in the spheres of law and diplomacy. By focusing on the Ottoman victims, jurists, and officials who had to contend most with the consequences of piracy, Piracy and Law reveals a broader range of piratical practitioners than the Muslim and Catholic corsairs who have typically been the focus of study and considers their consequences for the Ottoman state and those who traveled through Ottoman waters. This book argues that what made the eastern half of the Mediterranean basin the Ottoman Mediterranean, more than sovereignty or naval supremacy—which was ephemeral—was that it was a legal space. The challenge of piracy helped to define its contours.

The End of Empire and the Search for Justice

2018 ◽  
Author(s):  
John Linarelli ◽  
Margot E Salomon ◽  
Muthucumaraswamy Sornarajah
Keyword(s):  
United States ◽  
International Economic ◽  
International Law ◽  
International Economic Order ◽  
The United States ◽  
Economic Order ◽  
Global Context ◽  
Neoliberal Ideology ◽  
First Time

This chapter is a study of the themes of the New International Economic Order (NIEO). It begins with the notion of justice that had been constructed in imperial law to justify empire and colonialism. The NIEO was the first time a prescription was made for justice in a global context not based on domination of one people over another. In its consideration of the emergence of a new notion of justice in international law, the chapter discusses the reasons for the origins of the NIEO, and goes on to describe the principles of the NIEO and the extent to which they came into conflict with dominant international law as accepted by the United States and European states. Next the chapter deals with the rise of the neoliberal ideology that led to the displacement of the NIEO and examines the issue of whether the NIEO and its ideals have passed or whether they continue to be or should be influential in international law. Finally, the chapter turns to the ideas of the NIEO alongside new efforts at promoting a fuller account of justice by which to justify and evaluate international law.

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.

Great Britain, International Law, and the Evolution of Maritime Strategic Thought, 1856–1914

2020 ◽  
Author(s):  
Gabriela A. Frei
Keyword(s):  
Great Britain ◽  
International Law ◽  
Historical Context ◽  
Economic Interests ◽  
Maritime Law ◽  
Legal Norms ◽  
State Practice ◽  
Sea Power ◽  
Maritime Strategy ◽  
Strategic Thought

The book addresses the interaction between international maritime law and maritime strategy in a historical context, arguing that both international law and maritime strategy are based on long-term state interests. Great Britain as the predominant sea power in the nineteenth and early twentieth centuries shaped the relationship between international law and maritime strategy like no other power. The book explores how Great Britain used international maritime law as an instrument of foreign policy to protect its strategic and economic interests, and how maritime strategic thought evolved in parallel to the development of international legal norms. The book offers an analysis of British state practice as well as an examination of the efforts of the international community to codify international maritime law in the late nineteenth and early twentieth centuries. As the predominant sea power and also the world’s largest carrier of goods, Great Britain had to balance its interests as both a belligerent and a neutral power. With the growing importance of international law in international politics, the book examines the role of international lawyers, strategists, and government officials who shaped state practice. Great Britain’s neutrality for most of the period between 1856 and 1914 influenced its state practice and its perceptions of a future maritime conflict. Yet, the codification of international maritime law at The Hague and London conferences at the beginning of the twentieth century demanded a reassessment of Great Britain’s legal position.

Latin America’s Evolving Contribution to Peaceful Change in the International System

2020 ◽  
Author(s):  
Harold A. Trinkunas
Keyword(s):  
Latin America ◽  
International Law ◽  
Structural Changes ◽  
International System ◽  
Regional Organizations ◽  
International Courts ◽  
Interstate Disputes ◽  
System P ◽  
Soft Balancing ◽  
Interstate System

Latin America has long aspired for an interstate system based on the principles of nonintervention and adherence to international law. Over time, the region has become increasingly free of war, and interstate disputes are frequently settled via diplomacy or by international courts. But it has achieved a largely “negative” peace as peaceful relations in the region are neither the result of nor have produced deeper commercial integration, effective regional organizations, or epistemic security communities. This chapter examines realist, liberal, and constructivist explanations to explain the sources of peace and peaceful change in Latin America, as well as how structural changes in the international system have affected the region. In particular, it analyzes how Latin America’s relative weakness in terms of material capabilities has led it to rely on diplomacy, “soft balancing,” and norms entrepreneurship in international law to secure its interest in a progressively more peaceful and rule-bound international order.

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 Programme for Harmonization to the International Scale in Latin America for BCR-ABL1 quantification in CML patients: findings and recommendations

2020 ◽  
Vol 58 (12) ◽  
pp. 2025-2035
Author(s):  
María Sol Ruiz ◽  
María Belén Sánchez ◽  
Yuly Masiel Vera Contreras ◽  
Evangelina Agrielo ◽  
Marta Alonso ◽  
...  
Keyword(s):  
Latin America ◽  
Myeloid Leukemia ◽  
World Health ◽  
Molecular Response ◽  
Limit Of Quantification ◽  
International Scale ◽  
Deep Molecular Response ◽  
Health Organization ◽  
First Time

AbstractObjectivesThe quantitation of BCR-ABL1 mRNA is mandatory for chronic myeloid leukemia (CML) patients, and RT-qPCR is the most extensively used method in testing laboratories worldwide. Nevertheless, substantial variation in RT-qPCR results makes inter-laboratory comparability hard. To facilitate inter-laboratory comparative assessment, an international scale (IS) for BCR-ABL1 was proposed.MethodsThe laboratory-specific conversion factor (CF) to the IS can be derived from the World Health Organization (WHO) genetic reference panel; however, this material is limited to the manufacturers to produce and calibrate secondary reference reagents. Therefore, we developed secondary reference calibrators, as lyophilized cellular material, aligned to the IS. Our purpose was both to re-evaluate the CF in 18 previously harmonized laboratories and to propagate the IS to new laboratories.ResultsOur field trial including 30 laboratories across Latin America showed that, after correction of raw BCR-ABL1/ABL1 ratios using CF, the relative mean bias was significantly reduced. We also performed a follow-up of participating laboratories by annually revalidating the process; our results support the need for continuous revalidation of CFs. All participating laboratories also received a calibrator to determine the limit of quantification (LOQ); 90% of them could reproducibly detect BCR-ABL1, indicating that these laboratories can report a consistent deep molecular response. In addition, aiming to investigate the variability of BCR-ABL1 measurements across different RNA inputs, we calculated PCR efficiency for each individual assay by using different amounts of RNA.ConclusionsIn conclusion, for the first time in Latin America, we have successfully organized a harmonization platform for BCR-ABL1 measurement that could be of immediate clinical benefit for monitoring the molecular response of patients in low-resource regions.

A review of Sharp's types of Aleochara from Latin America (Coleoptera: Staphylinidae)

1989 ◽  
Vol 20 (1) ◽  
pp. 1-14 ◽  
Author(s):  
Jan Klimaszewski
Keyword(s):  
Latin America ◽  
South America ◽  
North American ◽  
Additional Information ◽  
First Time

AbstractA review of David Sharp's types of Aleochara from Mexico, and Central and South America is presented. Nineteen species are treated here, one of which is described as new (A. felixiana), seven are redescribed [A. angusticeps Sharp, A. funestior Sharp, A. mexicana Sharp, A. oxypodia Sharp, A. simulatrix Sharp, A. gracilis (Sharp), and A. duplicata (Sharp)] and one [A. miradoris Sharp] is put in synonymy under A. mexicana Sharp. The remaining ten species were treated in my 1984-revision of North American Aleochara but are here included in a checklist with references to description, redescription, and illustrations. Some additional information is provided for previously synonymized A. torquata Sharp (= A. sallaei Sharp), and for A. quadrata Sharp. Illustrations of genitalic structures of both sexes are provided for the first time for the seven redescribed species. Lectotypes are designated for A. angusticeps, A. duplicata, A. funestior, A. mexicana, and A. oxypodia.

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