Populism’s Attack on Multilateralism and International Law: Much Ado About Nothing*

2020 ◽  
Author(s):  
Dire Tladi
Keyword(s):  
International Law ◽  
The State ◽  
Much Ado About Nothing ◽  
The World ◽  
Populist Movements

Abstract While international lawyers have not traditionally paid much attention to the phenomenon of populism, a recent upswing in the populist movements in governments around the world has led to an increase in the fascination of international lawyers with populism. On the whole, there seems to be a view that populism has negatively affected the communitarianism and multilateralism of international law. This article interrogates this proposition. It comes to the conclusion that the proposition is based on an erroneous assumption about the state of international law. It concludes that populism is not a threat to international law, but that populist strategies against certain institutions and rules of international law are merely a reflection of international law’s own limitations.

Between the utopian imaginaries of literature and international law: The question of the insurgent child in international legal discourse and Kris Montañez’s Youth

2021 ◽  
pp. 1-20
Author(s):  
José Duke S. Bagulaya
Keyword(s):  
Civil War ◽  
International Law ◽  
Legal Discourse ◽  
The State ◽  
The Other ◽  
State Of Exception ◽  
Utopian Vision ◽  
The World ◽  
Realistic Representation ◽  
The One

Abstract This article argues that international law and the literature of civil war, specifically the narratives from the Philippine communist insurgency, present two visions of the child. On the one hand, international law constructs a child that is individual and vulnerable, a victim of violence trapped between the contending parties. Hence, the child is a person who needs to be insulated from the brutality of the civil war. On the other hand, the article reads Filipino writer Kris Montañez’s stories as revolutionary tales that present a rational child, a literary resolution of the dilemmas of a minor’s participation in the world’s longest-running communist insurgency. Indeed, the short narratives collected in Kabanbanuagan (Youth) reveal a tension between a minor’s right to resist in the context of the people’s war and the juridical right to be insulated from the violence. As their youthful bodies are thrown into the world of the state of exception, violence forces children to make the choice of active participation in the hostilities by symbolically and literally assuming the roles played by their elders in the narrative. The article concludes that while this narrative resolution appears to offer a realistic representation and closure, what it proffers is actually a utopian vision that is in tension with international law’s own utopian vision of children. Thus, international law and the stories of youth in Kabanbanuagan provide a powerful critique of each other’s utopian visions.

The Plurality of States and the World Order of Reason

2017 ◽  
Author(s):  
Sergio Dellavalle
Keyword(s):  
International Law ◽  
Social Order ◽  
World Order ◽  
The State ◽  
New Paradigm ◽  
The World ◽  
The Way

This chapter argues that Hegel can be regarded as the philosopher who was the first to pave the way to a new paradigm of order and, thus, also to a new idea of the relation between the state and international law. Hegel would not only conceive order as a ‘system’—which emerges clearly from the investigation of the deep connection between his interpretation of international law and relations and the broader context of his philosophy—but this ‘system’ would also be something new within the horizon of the patterns of social order. Indeed, two elements of a new paradigm are at least sketched in Hegel’s philosophy: the polyarchic setting of order, and its dialectic (or maybe even communicative) understanding.

scholarly journals Monetary Theory of the Genesis of the State, Prospects for Electronic Money and Transnational Law

2021 ◽  
Vol 10 ◽  
pp. 636-647
Author(s):  
Daniyar Sarsembayev ◽  
Keyword(s):  
International Law ◽  
Public Procurement ◽  
The State ◽  
Economic Crime ◽  
Electronic Money ◽  
World Community ◽  
Monetary System ◽  
The World ◽  
Digital Money ◽  
The Moment

This article is an attempt to explain a new way of the cause of the emergence of the state with simultaneous consideration of previously known theories in legal science. Several arguments are presented in favor of the new theory, which, in the author's opinion, are sufficiently valid. The author analyzes the dynamics of the development of the causes of the emergence of state and law and its influence on the transformation of the latest civilizations, which took place in history. Based on the historical chronology of the emergence and functioning of money, the author conventionally differs three stages in its development: 1) the period of the gold standard or a chronic shortage of monetary liquidity; 2) the period of paper money and inflationary pressure; 3) the digital money period. The author upholds a new position regarding the essence of international law, believing that international law is not a separate system of law, but only the result of the evolution of law from national to international, which became possible thanks to the development of the institution of money. The author shares his thoughts on the true reason for justifying the state's right to war in international law a while back, expressed in a persistent shortage of monetary liquidity, which took place from the moment the first civilizations appeared until the 20th century. This article establishes a projection for the further development of state and law, including international law, alongside the inevitable transition of the world community to the digital money supply. The article reveals not only the vision of the new monetary system, its absolute transparency, and clarity but also the various opportunities we face in such a transition. In this regard, the states and the world community will come to clear and effective outcomes in management, to the practical abolition of corruption and economic crime, to legal methods of conducting all competitions and public procurement, to fair and effective justice, and the establishment of highly moral relations in society.

The Application of Soviet Laws and the Exception of Public Order

1927 ◽  
Vol 21 (2) ◽  
pp. 238-256 ◽  
Author(s):  
Max Habicht
Keyword(s):  
International Relations ◽  
International Law ◽  
The State ◽  
Public Order ◽  
Private International Law ◽  
World War ◽  
The World ◽  
Uniform Solution ◽  
The Law

One of the most controversial rules of private international law is the exception of public order, the rule not to enforce foreign laws which are contrary to the fundamental conceptions of the law of the state having jurisdiction. There is no country in which this exception has not played an important rôle in the refusal to enforce foreign laws, and numerous writers have discussed the importance and difficulties of the exception of public order. Its problems had been thoroughly studied before the World War by many authorities on private international law, among others by Bustamante, Fiore, Kahn, Klein and Pillet, without a uniform solution having been reached. When, after the war, the states began to reestablish their international relations, the exception of public order began anew to play its rôle in the courts the world over, and to put the same difficulties before the judges dealing with cases of conflict between domestic and foreign laws.

The Responsibility of the Federal Government for Violations of the Rights of Aliens

1914 ◽  
Vol 8 (1) ◽  
pp. 73-80
Author(s):  
Nelson Gammans
Keyword(s):  
United States ◽  
International Law ◽  
Federal Government ◽  
The United States ◽  
The State ◽  
The World ◽  
The Government ◽  
American Flag

“The only government of this country, which other nations recognize or treat with, is the Government of the Union; and the only American flag known throughout the world is the flag of the United States.” The Government of the Union, as the only internationally recognized agent of the state, bears the responsibility for any violations of the rights which it owes to aliens, whether these rights are the result of treaty obligations or of international law.

scholarly journals STATUS AGAMA DALAM KEHIDUPAN PUBLIK PERSPEKTIF HAM INTERNASIONAL

2020 ◽  
Vol 6 (2) ◽  
pp. 190
Author(s):  
Yudi Junadi
Keyword(s):  
Human Rights ◽  
International Law ◽  
The State ◽  
Freedom Of Religion ◽  
Modern State ◽  
Positive Contribution ◽  
The West ◽  
Transnational Movements ◽  
Current Wave ◽  
The World

Along with the rise of religious claims as one of the solid foundations for the grounding of Human Rights (HAM), the problems confronting humanity in relation to the presence of religion, in the contemporary era tend to escalate. The current wave of globalization has not only marginalized but rather provided an opportunity for the birth of various religious transnational movements that had not been predicted before. The conception of the modern state adopted by the West which was later referred to as a model for the construction of the state in various other parts of the world, was founded on the basis of secular values that transcended traditional solidarity, among which were national equality. Apart from the black stain that has been inscribed in history, especially in the field of freedom of thought, religion at this time can be said to have a positive contribution as a source of aspiration for the parties that are suppressed. Keywords : Globalization, Freedom of Religion, International Law, Human Rights.

scholarly journals The Role of Russia in the International Anti-terrorism Cooperation

2016 ◽  
pp. 43-51
Author(s):  
A A Uraniyan
Keyword(s):  
Decision Making ◽  
International Law ◽  
The State ◽  
Decision Making Process ◽  
Foreseeable Future ◽  
The World

This article examines the role of Russia in the international anti-terrorism cooperation. The author analyzes Russian anti-terrorist activities since the war in Chechnya in 1990s till nowadays. The article notes that the state performs regularly with useful profile initiatives on the world arena and operates within the framework of the international law in the decision making process and during the operations. Particular attention is paid to the events that occurred in 2015, when Russia began a struggle against terrorism in Syria, becoming the only state that carries out anti-terrorist actions according to the official handling of the legitimate president of Syria: the author evaluates the data of events and makes forecast on the development of the situation in the foreseeable future.

The Sovereignty of the State and the Problem of International Law

Sovereignty ◽  
2019 ◽  
pp. 140-158
Author(s):  
Hermann Heller
Keyword(s):  
Decision Making ◽  
International Law ◽  
The State ◽  
Sovereign State ◽  
Essential Requirement ◽  
World State ◽  
Starting Point ◽  
The World ◽  
Decision Making Units

This chapter argues that any study of international law that does not take the existence of a plurality of sovereign units of will as its starting point is doomed to fail from the start. International law exists only as long as there are at least two universal and effective territorial decision-making units. The sovereign state is a necessary part of juristic thought but international law is not. The “world state” and the state that isolates itself behind a Chinese wall would exist as sovereign decision-making units even without international law; international law without sovereign states, however, is a conceptual impossibility. The chapter shows that the sovereignty of the state is not an obstacle to international law, but an essential requirement for it.

State of Play and the Road Ahead

2020 ◽  
pp. 213-221
Author(s):  
Margot E Salomon
Keyword(s):  
Human Rights ◽  
International Law ◽  
The State ◽  
Democratic Deficit ◽  
The Road ◽  
World Today ◽  
Poverty And Inequality ◽  
The World ◽  
Key Features

This introductory chapter draws from, and builds on, the three chapters on human rights and poverty in this edited volume. It explores those contributions with an eye to what they advocate and as a basis for exposing obstacles to bringing human rights to bear on poverty and material inequality. Three key features that characterize the world today are addressed: a multilevel democratic deficit, a harmful commitment to growth, and a categorical absence of accountability for the state of poverty and inequality. This chapter reflects on the state of play and the road ahead and concludes by, querying whether international law in fact values people living in poverty and the limits of the human rights project in seeking to ensure that that it does.

scholarly journals Sinking of vessel as the country’s efforts in keeping the utilization of sustainable fish resources

2018 ◽  
Vol 74 ◽  
pp. 12002
Author(s):  
Amelia Rahmi ◽  
Melda Kamil Ariadno
Keyword(s):  
International Law ◽  
The State ◽  
Legal Form ◽  
Enforcement Action ◽  
Fish Resources ◽  
The World ◽  
Fish Exploitation ◽  
The Government

Indonesia as a country with considerable fisheries potential has an attraction for the activity of catching fish. Exploitation as well as the demand for fish in the world against the increasing Indonesia country characterized by the presence of Illegal, Unregulated and Unreported Fishing. Therefore, the Government of Indonesia started to renew the regulation of fisheries to Act No. 45 of the year 2009 about Fisheries. One of the sound section is Indonesia's efforts to maintain sustainable fish resources. This particular action is attempting to keep the utilization of sustainable fish resources. In addition, as the participating countries of the 1982 UNCLOS, Indonesia refers to the rules of international law in creating a policy. Article 73 gives the obligation for the State to exercise sovereign that it is necessary to avoid excessive exploitation occurred in the zone. Sovereign right in question is a legal form of enforcement action the scuttling of the vessel.

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