4 The Custom-making Moment

2021 ◽  
Author(s):  
d'Aspremont Jean
Keyword(s):  
International Law ◽  
Social Reality ◽  
Customary International Law ◽  
The Past ◽  
The Social ◽  
The Moment

This chapter zeroes in on the postulation of a moment in the past where the social reality actually engendered the norm as the discursive performance that is required for customary international law to be grounded in social reality. It discusses the grounding of customary international law in a social reality captured through practice and opinio juris that can only be upheld if there was a moment in the past where the practice and opinio juris of states have coalesced in a way that generates customary international law. It also argues that the actual moment where social reality has engendered a customary norm is never established or traced but is always presupposed. The chapter points out that the moment customary international law is made is located neither in time nor in space. It elaborates how customary international law is presupposed to have been made through actors' behaviours at some given point in the past and in a given place.

Precedent, Compliance, and Change in Customary International Law: An Explanatory Theory

2014 ◽  
Vol 108 (3) ◽  
pp. 389-434 ◽  
Author(s):  
Pierre-Hugues Verdier ◽  
Erik Voeten
Keyword(s):  
International Law ◽  
Legal Order ◽  
Explanatory Theory ◽  
State Behavior ◽  
Customary International Law ◽  
The Social ◽  
International Legal Order ◽  
Social Scientific ◽  
Vital Element ◽  
Affect State

Customary international law (CIL) is widely recognized as a fundamental source of international law. While its continued significance in the age of treaties was once contested, it is now generally accepted that CIL remains a vital element of the international legal order. Yet CIL is also plagued with conceptual and practical difficulties, which have led critics to challenge its coherence and legitimacy. In particular, critics of CIL have argued that it does not meaningfully affect state behavior. Traditional CIL scholarship is ill equipped to answer such criticism because its objectives are doctrinal or normative—namely, to identify, interpret, and apply CIL rules, or to argue for desirable changes in CIL. For the most part, that scholarship does not propose an explanatory theory in the social scientific sense, which would articulate how CIL works, why states comply, and why and how rules change.

scholarly journals Using Arbitration for Resolving Foreign Investment Disputes: A Comparative Study of Laws on Arbitration in Ghana and China

2016 ◽  
Vol 9 (7) ◽  
pp. 1 ◽  
Author(s):  
Shirley Ayangbah
Keyword(s):  
International Law ◽  
Foreign Investment ◽  
International Investment ◽  
Customary International Law ◽  
Republic Of China ◽  
The Past ◽  
The Republic ◽  
The Right ◽  
Procedural Rights ◽  
Comparative Manner

<p>International Investment in recent times is seen as one of the fastest-developing areas of international law. In the past decades, there has been a dramatic increase in the number of bilateral investment treaties and other agreements with investment related provisions that grant foreign investors important substantive and procedural rights, including, most importantly, the right to sue individuals, organizations and even the state hosting their investment for violations of customary international law and treaty obligations. Dispute becomes an inevitable phenomenon as individuals, organizations and countries continue to engage in foreign investment and as such there is the need for dispute solving mechanism to resolve such disputes as and when they arises. Even though there are several dispute solving mechanisms, arbitration seems to be a well-established and widely used mechanism to end dispute probably due to the efficiency and flexibility nature of it. The laws governing arbitration differ from one country to the other and it is for this reason that investors need to be abreast with the different arbitration laws  so as to enable them make inform decisions as to whether to resort to arbitration  or not. This paper analyses the arbitration laws of The Republic of Ghana and Peoples Republic of China in a comparative manner by drawing on the similarities and difference with respect to arbitration laws and procedure in these two countries. The paper is divided into three parts. The first part of this paper gives a brief background as well as the characteristics of the concept of arbitration. The second part looks as the similarities and difference of arbitration between the selected countries, and the final part looks at the arbitration phase and post arbitration phase of the two countries.</p>

The Future Russian Constitution as Seen by Russian Liberals

1920 ◽  
Vol 14 (2) ◽  
pp. 209-221
Author(s):  
Baron S. A. Korff
Keyword(s):  
French Revolution ◽  
Economic Structure ◽  
Mountain Ranges ◽  
The Past ◽  
Old Order ◽  
Standing Order ◽  
The Social ◽  
Russian Constitution ◽  
New Institutions ◽  
The Moment

In the historical development of individual nations revolutions come and go as tremendous earthquakes, upsetting the standing order and creating new constellations and configurations. After an earthquake on former plains new mountain ranges arise and, vice versa, enormous peaks suddenly disappear; quite so in the case of a revolution, which overturns century old institutions and organizations. At the time when the upheaval occurs, it often seems that the whole social structure is destroyed forever and that something entirely new is being created. And yet, everyone who has studied history knows very well that even in revolutions we have a constant evolution, that much of the old order remains and that the new institutions have many attachments in the past, no matter how completely new they may seem at the moment of their political birth.Take the French Revolution of 1789 as a most vivid example. It might have seemed to contemporaries that the whole former French state and government, the social as well as the economic structure, had disappeared and were utterly destroyed.

scholarly journals Membaca Semangat Hermeneutika Hanafi

MELINTAS ◽  
2015 ◽  
Vol 31 (1) ◽  
pp. 63
Author(s):  
Masmuni Mahatma
Keyword(s):  
Social Reality ◽  
Human Beings ◽  
Communal Life ◽  
The Past ◽  
Sacred Values ◽  
The Social ◽  
The World ◽  
Social Dynamic

Alquran cannot be detached from the chain of history accompanying it. Alquran has always been associated with sacred values it contains. That is it’s <em>fitrah</em>. Hasan Hanafi, born in Cairo, develops a unique hermeneutics to view Alquran as revelation. In safeguarding the originality of the Scripture as much as possible, the potential of reason and thought cannot be avoided as well. For the Scripture is an ideal ‘mirror’ of the expressions of the reality in life together with all the social dynamic continuously approaching the believers. Without the involvement of reason and thought the Scripture might not be so much different from an ‘inscription’, which is passive, cold, and barely engendering things characterised as dialogical and productive. Viewed in its process of descent to human beings, the scriptural revelation is not something suddenly flying and drifting without reason. The revelation is closely related with the reality (of the past) tied up together by Allah. Each verse or set of verses in the Scripture has mirrored solution to particular problem in the banality of individual and communal life. The Scripture is not simply a ‘text’, for it is always breathing ‘context’. By having context, the Scripture cannot be uncoupled from the social reality of the believers who put their trust in it. The Scripture is a text merging with context, which in turn illuminates the believers all around the world.<br /><br />

Conclusion

2017 ◽  
Author(s):  
Woojeong Joo
Keyword(s):  
Film Industry ◽  
Social Reality ◽  
Postwar Period ◽  
Social Critique ◽  
Historical Experience ◽  
Japanese Film ◽  
The Past ◽  
The Social ◽  
The Everyday

Conclusion reemphasises the historicity of the everyday in Ozu’s films, which is not a void entity but characterized by various modern subjects – distinguished in class, gender and generation – with conflicting views, the interaction among which changes throughout history. Temporality (permeation of the past into the present) and spatiality (deviation) are also importantly discussed in relation to the working of Ozu’s everyday, especially in the postwar period when historical experience of wartime presents more complex layer of social critique. The role of the Japanese film industry (namely, Shochiku) is reiterated in terms of establishing Ozu’s everyday realism, which is constantly placed in negotiating relationship with the former’s commercial concerns. Lastly, a question is raised about whether Ozu should be regarded as conservative in representing the social reality, for which the particularity of his everyday realism is suggested as an answer.

Restitution and the Politics of Repair

2020 ◽  
Author(s):  
Magdalena Zolkos
Keyword(s):  
International Law ◽  
Social Theory ◽  
State Sovereignty ◽  
The Political ◽  
Religious Thought ◽  
The West ◽  
The Public ◽  
The Past ◽  
The Social ◽  
Politics And Law

This book develops a political philosophic approach to restitution and repatriation of objects, by arguing that the development of restitutive norms in the West has been auxiliary to the emergence of modern state sovereignty. It draws on critiques of international law of cultural heritage return, and of its Western humanistic underpinnings, including the ontological binary distinction between things and persons. Rather than accept the restitutive goals of politics and law seeking to do justice for the past and to ‘undo’ the expropriations and dispossessions that have occurred, and are still occurring (be it in contexts of coloniality or war), this book looks at the limits and aporias of restitution in texts of philosophy, literature and social theory. As such, it identifies figures and objects situated beyond the possibility of restitution and repair. This includes analysis of the social fantasies and imaginaries that ‘prop’ our contemporary reparative politics—making the past ‘unhappen’, or cancelling out the occurrence of wrongs. What the analysed texts have in common is that they articulate restitution through the motifs of undoing and making-unhappen, as a reparative and curative procedure, and a prelapsarian return to a place, time or condition prior to the event of violence. Insofar as this reading uncovers the mythical-religious ‘substrate’ of the restitutive tradition, and illuminates the political and affective allures of prelapsarianism, this book also offers insights into Western secularism, not as disappearance of religious thought in the public domain, but as its ‘repression’ (in a psychoanalytic sense).

Gems: From Bangkok to Lausanne. Belgian Jurist Gustave Rolin-Jaequemyns’ Letter to his French Colleague Ernest Lehr

2021 ◽  
Vol 7 (1) ◽  
pp. 77-84
Author(s):  
Antoine Rousseau
Keyword(s):  
International Law ◽  
Daily Life ◽  
Social Reality ◽  
International Networks ◽  
The Social

Abstract The section ‘Gems’ consists of short articles which present sources that might be of interest to migration researcher. In this Gems: a letter sent from Bangkok on 23 August 1896 by Gustave Rolin-Jaequemyns to his French colleague Ernest Lehr. We show that this document enables us to highlight the international networks in which international law scholars were involved. It reveals the professional concerns and problems of the lawyer, but also the social reality of his daily life.

A Law of the Future or A Law of the Past? Modern Tribunals and the International Law of Expropriation

1991 ◽  
Vol 85 (3) ◽  
pp. 474-505 ◽  
Author(s):  
Patrick M. Norton
Keyword(s):  
United States ◽  
International Law ◽  
Foreign Relations ◽  
The United States ◽  
General Assembly ◽  
Customary International Law ◽  
The Past ◽  
United Nations General ◽  
Full Compensation ◽  
United Nations General Assembly

One precedent creates another. They soon accumulate and constitute law. What yesterday was fact, today is doctrine.Junius†Less than twenty years ago, a large majority of the United Nations General Assembly declared the customary international law of expropriation dead. Eighty-six governments supported a resolution holding that a state expropriating foreign property “is entitled to determine the amount of possible compensation and the mode of payment, and … any disputes which might arise should be settled in accordance with the national legislation of [that] State.” Scholars cited this and other General Assembly resolutions as evidence that international law no longer required full compensation for the expropriation of foreign property. This view had sufficient support to precipitate an acrimonious dispute in the preparation of the Restatement (Third) of the Foreign Relations Law of the United States, which reaffirmed only in its later drafts the traditional “Hull formula.”

scholarly journals Dominations in Indian Sociology

2020 ◽  
Vol 9 (2) ◽  
pp. 36-39
Author(s):  
Mucheli Rishvanth Reddy
Keyword(s):  
Identity Politics ◽  
Social Reality ◽  
Growth Trajectory ◽  
Sociological Knowledge ◽  
The Past ◽  
The Social

The growth trajectory of Indian Sociology in the past few decades is unsurpassed. From being treated as a ‘residual category’ and a subordinate disciple, it is now a well-developed and self-sustaining discipline. There are various demands placed on sociology after Independence which explicitly contributed to its development. But this development of Indian sociology is not free from certain dominations: (1) Domination of popular trends in sociology produced by western scholars, (2) Domination of certain sections in India, (3) Domination of State and Identity Politics. These domains of domination are significantly hindering the development of Indian sociology in an inclusive manner and degrading the efficacy of the knowledge produced in this field. The only way forward for Indian sociology is to develop indigenous sociological traditions, concepts, and methods to explain the social reality of India, to recognize the diverse trends of sociological knowledge being produced and promote civility, reason, and reflexivity among diverse perspectives of sociological knowledge.

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