Treaty Stasis

We shouldn’t necessarily be concerned when international lawmaking is a victim of its own success. A trend in a given domain of international governance in which multilateral treaty-making gives way to bilateral and non-binding alternatives does not itself signal a decline in the influence or efficacy of international law. It may in fact be a normal symptom of a properly functioning international legal framework—as much a cause for celebration among international lawyers as for concern.I wish to offer some brief reflections on this Agora theme, The End of Treaties?, from the perspective of a lawyer responsible for engineering international cooperation. I say “engineering” because international lawyers in this role must carefully weigh design tradeoffs in selecting among potential cooperative mechanisms, not unlike an engineer weighing the tradeoffs between materials in designing to a performance and cost specification. Like architects, international lawyers must also be attuned to the social dimensions of the arrangements they craft, but should ultimately privilege function above the aesthetics of legal form. Ugly international cooperative arrangements may nevertheless perform beautifully.

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International Law and Treaty Obligations, Mutual Legal Assistance, and EU Instruments

The Oxford Handbook of Criminal Process ◽

10.1093/oxfordhb/9780190659837.013.34 ◽

2019 ◽

pp. 608-630

Author(s):

Martin Böse

Keyword(s):

International Law ◽

International Cooperation ◽

Mutual Recognition ◽

Legal Framework ◽

Legal Assistance ◽

European Union Law ◽

Mutual Legal Assistance ◽

Asset Recovery ◽

Criminal Matters ◽

New Instruments

This chapter deals with international and European Union law that provides a legal framework for international cooperation in crime-related matters. The relevant provisions of international law form part of treaties combating transnational crime and of bilateral and multilateral agreements establishing a general framework for international cooperation in criminal matters as well as the new instruments under EU law that are based upon the principle of mutual legal assistance. The chapter first outlines the scope and elements of international cooperation in criminal matters before discussing international cooperation in criminal matters and human rights. It then considers the principle of mutual recognition, new international cooperation instruments such as extradition, and enforcement of criminal sentences and measures. In particular, it examines the transfer of convicted persons and enforcement of prison sentences, along with enforcement of pecuniary sanctions and asset recovery.

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When Is Immigration Selection Discriminatory?

AJIL Unbound ◽

10.1017/aju.2021.54 ◽

2021 ◽

Vol 115 ◽

pp. 345-349

Author(s):

Liav Orgad

Keyword(s):

Human Rights ◽

International Law ◽

International Cooperation ◽

Country Of Origin ◽

Legal Framework ◽

Step Process ◽

Global Migration ◽

State Authority

Managing global migration is one of the most pressing issues of our time. Traditionally, international law has not generally regulated immigration and citizenship law; it defers to state authority in setting up rules and procedures for entry into the territory and citizenry. The lack of clear regulation—and a commonly accepted methodology on how to evaluate discriminatory borders—creates acute problems in terms of protecting human rights, promoting state interests, and setting up international cooperation. Against this background, this essay offers a legal framework to examine when borders are discriminatory. It includes a three-step process that examines the goals, criteria, and means of immigration and citizenship selection. With almost 300 million international immigrants worldwide living outside their country of origin in 2020, developing such a framework has become an urgent need.

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LEGAL REGULATION OF INTERNATIONAL COOPERATION OF THE RUSSIAN FEDERATION WITH FOREIGN COUNTRIES IN THE FIELD OF PHYSICAL EDUCATION AND SPORTS

Russian-Asian Legal Journal ◽

10.14258/ralj(2020)2.14 ◽

2020 ◽

pp. 96-102

Author(s):

E.Y. Kovalenko ◽

O.A. Shavandina

Keyword(s):

International Law ◽

International Cooperation ◽

Russian Federation ◽

International Organizations ◽

Legal Framework ◽

Legal Regulation ◽

Physical Culture ◽

Foreign Countries ◽

The Russian Federation ◽

Powerful Incentive

The article studies the national and international legal framework for regulating relations in thefield of physical culture and sports. It has been established that studying and taking into account positiveforeign experience in effectively regulating relations arising in the field of physical culture and sports, forimproving the norms of national sports law, including for codifying the sports legislation of Russia, is oneof the important reasons for the development of international cooperation of the Russian Federation withforeign countries. Another important reason is the need to harmonize and unify the national legislation ofRussia in the field of physical culture and sports with international law. The development of international cooperation between Russia and foreign countries and international organizations in the direction ofensuring national security is especially relevant in the context of exerting pressure on Russian athletes in thepast decade at sports competitions and events of various levels. It is concluded that Russia needs to developall areas of international cooperation, since physical culture and sport at the national and internationallevels is an important tool for ensuring the sustainable socio-economic development of countries, a tool forpersonal development of a person, a tool for intercultural, partnership and friendly development of interstatecommunication and serves as a powerful incentive to increase the competitiveness of each country in thecontext of globalization.

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Rethinking International Legal Narrative Concerning Nineteenth Century China: Seeking China’s Intellectual Connection to International Law

The Chinese Journal of Global Governance ◽

10.1163/23525207-12340029 ◽

2018 ◽

Vol 4 (1) ◽

pp. 1-21

Author(s):

Xiaoshi Zhang

Keyword(s):

Nineteenth Century ◽

International Law ◽

Legal System ◽

Legal Framework ◽

International Governance ◽

Future Outlook ◽

Legal Studies ◽

Nation States ◽

International Legal System ◽

Tributary System

Abstract The standard of civilization is haunting international legal studies. The problem remains whether the non-Western traditions are legitimate sources for international governance. Although legal scholars sometimes approach international law from different perspectives or from a particular experience, at last, they are still writing about one international law that are supposed to apply to all nation-states without differentiation. The future outlook of international law partly depends on if there are real and lasting Asian intellectual connections with international law and whether the Asian inspirations could find their expression in the existing international legal framework. After exploring the existing discourse on China’s reception of international law in the nineteenth century, the paper suggests that Qing China’s statesmen had a vision for co-existence of international legal system and the China oriented tributary system.

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Piracy in Somalia : an analysis of the challenges faced by the International Community

Jurnal Hubungan Internasional ◽

10.20473/jhi.v13i1.13946 ◽

2020 ◽

Vol 13 (1) ◽

pp. 19

Author(s):

Amali Kartika Karawita

Keyword(s):

International Cooperation ◽

Social Economic ◽

Legal Framework ◽

International Community ◽

Economic Opportunity ◽

International Level ◽

Political Issues ◽

Extreme Poverty ◽

The Social

Piracy in Somalia is a phenomenon which has presented many issues and challenges for the international community since the beginning of the 21stcentury. The objective of the paper is to discuss the roots of this phenomenon in Somalia and the response given by the international community to reduce the threat. Effectively formulating a plan of action against piracy requires the willingness of the international community to work together by implementing not only strong multilateral operations and joint cooperation between countries but also to understand the social and economic difficulties faced by Somalia which has given rise to the endemic phenomenon and its expansion in the region. Eradicating piracy means tackling the issue on land by confronting Somalia’s extreme poverty and lack of economic opportunity and creating a comprehensive legal framework which will serve as a model to fight piracy. The objective of the present paper is to discuss the roots of piracy in Somalia and the cycle it created and provide an analysis on the legal framework in place to judge of its effectiveness on a international level. The method applied to lead this research is based on the analysis of reports from international bodies such as the UN, ICC as well as academic articles. The results have shown that piracy is the fruit of social, economic and political issues which have enabled the phenomenon to spread and established itself in the country. If at the beginning the regime regarding piracy lacked effectiveness, today the different initiatives and international cooperation have helped reducing the number of attacks in the region.

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CYBER WARFARE AND INTERNATIONAL CYBER LAW: WHITHER?

Journal of Criminology and Criminal Law ◽

10.47152/rkkp.58.3.2 ◽

2020 ◽

Vol 58 (3) ◽

pp. 23-37

Author(s):

Miodrag N. Simović ◽

◽

Živorad Rašević ◽

Vladimir M. Simović ◽

◽

...

Keyword(s):

International Relations ◽

International Law ◽

Legal Framework ◽

The Internet ◽

Cyber Warfare ◽

Progressive Development ◽

The Social ◽

Universal Approach ◽

Cyber Violence ◽

Cyber Law

This paper analyses historical, sociological and normative aspects of the cyber violence in international relations and international law, aiming to assess the adequacy of the extant international norms for its regulation. It results with the knowledge on the lack of international cooperation and a universal approach, the instrumentalisation of the internet as a means of warfare, lacunae in the relevant legal framework, and the peril of compromisation of the international law. Since the social jeopardy of activities in the cyberspace is hardly measurable and subjected to highly arbitrary interpretations, the problem of the uncertain peacetime or belligerent legal qualification of cyber activities is exposed. The other serios problem is a high risk from potentially disproportional responses of states to the cyber violence. Especially due to the lack of universal international institutions in the field of cyber, it must be concluded that the international lege lata applicable to the cyber violence is not adequate and sustainable. The progressive development of international cyber law is thus suggested, through the pacification of the internet and the international criminalisation of cyber violence.

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Party Autonomy in Global Context

The Oxford Handbook of Institutions of International Economic Governance and Market Regulation ◽

10.1093/oxfordhb/9780190900571.013.22 ◽

2019 ◽

Author(s):

Horatia Muir Watt

Keyword(s):

International Law ◽

Global Economy ◽

Legal Framework ◽

Private International Law ◽

Late Capitalism ◽

Party Autonomy ◽

Global Context ◽

The Social ◽

Legal Thinking ◽

Economic Reality

The aim of this chapter is to contribute to transdisciplinary dialogue on a defining paradox within the classic liberal meta-discourse that still seems to determine structures of thought right across the social sciences. Profound transformations linked to the global legal turn have meant that while state-centered liberalism continues to define contemporary paradigms in legal thinking, it does so according to a curiously abridged or truncated version, which in turn affects the shape of the social, political, or economic “reality” that it purports merely to govern. The ensuing distortion is of very specific relevance in what is known as private international law—the part of the law that provides the legal framework for late capitalism, or, in different terms, the informal normative infrastructure of the global economy.

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Fakir Baykurt’un Almanya öykülerinde Türk göçmen çocukları

GÖÇ DERGİSİ ◽

10.33182/gd.v3i1.553 ◽

2016 ◽

Vol 3 (1) ◽

pp. 5-28

Author(s):

Efnan Dervişoğlu

Keyword(s):

Social Sciences ◽

Migrant Workers ◽

Life Experiences ◽

Main Theme ◽

Social Dimensions ◽

Home Life ◽

Literary Forms ◽

The Social ◽

The Subject ◽

Life Education

Almanya’ya işçi göçü, neden ve sonuçları, sosyal boyutlarıyla ele alınmış; göç ve devamındaki süreçte yaşanan sorunlar, konunun uzmanlarınca dile getirilmiştir. Fakir Baykurt’un Almanya öyküleri, sunduğu gerçekler açısından, sosyal bilimlerin ortaya koyduğu verilerle bağdaşan edebiyat ürünleri arasındadır. Yirmi yılını geçirdiği Almanya’da, göçmen işçilerle ve aileleriyle birlikte olup işçi çocuklarının eğitimine yönelik çalışmalarda bulunan yazarın gözlem ve deneyimlerinin ürünü olan bu öyküler, kaynağını yaşanmışlıktan alır; çalışmanın ilk kısmında, Fakir Baykurt’un yaşamına ve Almanya yıllarına dair bilgi verilmesi, bununla ilişkilidir. Öykülere yansıyan çocuk yaşamı ise çalışmanın asıl konusunu oluşturmaktadır. “Ev ve aile yaşamı”, “Eğitim yaşamı ve sorunları”, “Sosyal çevre, arkadaşlık ilişkileri ve Türk-Alman ayrılığı” ile “İki kültür arasında” alt başlıklarında, Türkiye’den göç eden işçi ailelerinde yetişen çocukların Almanya’daki yaşamları, karşılaştıkları sorunlar, öykülerin sunduğu veriler ışığında değerlendirilmiş; örneklemeye gidilmiştir. Bu öyküler, edebiyatın toplumsal gerçekleri en iyi yansıtan sanat olduğu görüşünü doğrular niteliktedir ve sosyolojik değerlendirmelere açıktır. ENGLISH ABSTRACTMigration and Children in Fakir Baykurt’s stories from GermanyThe migration of workers to Germany has been taken up with its causes, consequences and social dimensions; the migration and the problems encountered in subsequent phases have been stated by experts in the subject. Fakir Baykurt’s stories from Germany, regarding the reality they represent, are among the literary forms that coincide with the facts supplied by social sciences. These stories take their sources from true life experiences as the products of observations and experiences with migrant workers and their families in Germany where the writer has passed twenty years of his life and worked for the education of the worker’s children; therefore information related to Fakir Baykurt’s life and his years in Germany are provided in the first part of the study. The life of children reflected in the stories constitutes the main theme of the study. Under the subtitles of “Family and Home Life”, “Education Life and related issues”, “Social environment, friendships and Turkish-German disparity” and “Amidst two cultures”, the lives in Germany of children who have been raised in working class families and who have immigrated from Turkey are evaluated under the light of facts provided by the stories and examples are given. These stories appear to confirm that literature is an art that reflects the social reality and is open to sociological assessments.KEYWORDS: Fakir Baykurt; Germany; labor migration; child; story

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