Book I Diplomacy in General, 4 The State: Its Concept as a Legal Person in International Law

2016 ◽  
Author(s):  
Fox Hazel
Keyword(s):  
International Law ◽  
International Community ◽  
The State ◽  
International Organization ◽  
Legal Person ◽  
International Affairs ◽  
Public International Law ◽  
Role Of The State

This chapter addresses the State as the prime actor in the conduct of diplomacy and examines the State’s status as a legal person as defined by international law. To understand the role of the State in international affairs, it is essential to appreciate that it is both a maker and a subject of international law. It has been and continues to be instrumental in the formation of public international law. The chapter thus presents four topics to explain the nature and scope of the powers and activities of the State in international affairs. These are: the qualifications for statehood, recognition of the State as a member of the international community, the State compared to an international organization as a legal person and other entities having lesser rights in international law, and sovereignty as an attribute of the State.

The state and the nation: changing norms and the rules of sovereignty in international relations

1994 ◽  
Vol 48 (1) ◽  
pp. 107-130 ◽  
Author(s):  
J. Samuel Barkin ◽  
Bruce Cronin
Keyword(s):  
International Relations ◽  
International System ◽  
The State ◽  
International Organization ◽  
Legitimate Authority ◽  
International Affairs ◽  
Constitutive Rule ◽  
Role Of The State ◽  
Definition Of

The international relations literature regularly embraces sovereignty as the primary constitutive rule of international organization. Theoretical traditions that agree on little else all seem to concur that the defining feature of the modern international system is the division of the world into sovereign states. Despite differences over the role of the state in international affairs, most scholars would accept John Ruggie's definition of sovereignty as “the institutionalization of public authority within mutually exclusive jurisdictional domains.” Regardless of the theoretical approach however, the concept tends to be viewed as a static, fixed concept: a set of ideas that underlies international relations but is not changed along with them. Moreover, the essence of sovereignty is rarely defined; while legitimate authority and territoriality are the key concepts in understanding sovereignty, international relations scholars rarely examine how definitions of populations and territories change through-out history and how this change alters the notion of legitimate authority.

The Diminishing Acts of the State. Or, Is It?

2012 ◽  
pp. 687-717
Author(s):  
Francis N. Botchway
Keyword(s):  
International Economic ◽  
International Law ◽  
The State ◽  
Police Powers ◽  
Economic Law ◽  
Role Of The State ◽  
International Economic Law ◽  
The Us

The Act of state doctrine essentially serves to truncate or end proceedings against a state in the court of another state for actions attributed to or owned by the first state. Originally, the actions against which the defense could be raised were wide and all encompassing. It included exercise of police powers, takings, maritime and commercial acts. However, starting with cases such as Bernstein, Dunhill and others, and goaded in part by legislation such as the second Hickenlooper Amendment in the US, a number of exceptions have been carved into the doctrine. It is such that some academics have called for the end of the doctrine. This paper argues that although the doctrine is now limited, compared to its original compass, it is resilient. That resilience, this paper contends, is predicated on its International law pedigree. It is further argued that the swings in the role of the state in economic matters accounts for the growth, downturn and upturn in the viability of the doctrine as a defense in international economic law.

Migration, Poverty, the Role of State, (International) Law and Development in the Industrialised Countries of Europe

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Brian-Vincent Ikejiaku
Keyword(s):  
Middle East ◽  
International Law ◽  
Developed Countries ◽  
The State ◽  
Border Security ◽  
Law And Development ◽  
Poor Countries ◽  
Role Of The State ◽  
Industrialised Countries

Abstract The current radical strategies by which there is, on one hand, an increasing European assistance to developing poor countries of Africa/Middle East and on the other hand, tightened border-security within Europe as a means to reduce migration from the South; may worsen the state of poverty in Europe, particularly on the immigrants and impact on the workforce in Europe with implication on development. Though, these strategies may sound radically appealing, they are however, unlikely to reduce migration flows to Europe. While there is still a “wide development gap” between the poor countries of Africa/Middle East and industrialised countries of Europe, migration will often increase, at least in the next two-three decades. Radical border security in Europe will expose the migrants to human trafficking in different form and manifestation contrary to Article 3 UN Protocol on Trafficking in Person. The paper examines the role of the State and Law and development, in addressing the issues of poverty and migration within the industrialised countries of Europe. The research argues that there is the likelihood that poverty and human right issues will increase in Europe in the near-future, if the State/EU fails to play their role, by changing their policy direction and repositioning themselves by improving their Law and development stance. The research employs the human rights-based approach, interdisciplinary and critical-analytical perspective within the framework of international Law and development. It employs qualitative empirical evidence from developed countries of Europe and poor developing countries for analysis.

International Composite Administration: Conceptualizing Multi-Level and Network Aspects in the Exercise of International Public Authority

2008 ◽  
Vol 9 (11) ◽  
pp. 2013-2039 ◽  
Author(s):  
Armin von Bogdandy ◽  
Philipp Dann
Keyword(s):  
International Law ◽  
Public Law ◽  
Common Phenomenon ◽  
Public Authorities ◽  
Public International Law ◽  
The Public ◽  
Administrative Action ◽  
Role Of The State ◽  
Multi Level

The administration of the traditional nation-state used to operate as a rather closed system to the outside world. Today, cooperation between the public authorities of different States and between States and international bodies is a common phenomenon. Yet the characteristics and mechanics of such cooperation can hardly be understood using the concepts domestic public law or public international law currently on offer. Conventional concepts, such as federalism, confederalism or State-centered “realism” hardly fathom the complexity of interactions or reflect the changed role of the State, while more recent concepts, such as multi-level systems or networks, seem to encompass only parts of the phenomena at hand. Given this void, we propose to explore the notion of “composite administration” (Verbundverwaltung) and argue that it offers a concept which can combine more coherently the seemingly diverging legal elements of cooperation and hierarchy that distinguish administrative action in what often is called a multi-level administrative system. Even though the concept of composite administration was originally designed and further developed with respect to the largely federal European administrative space, we suggest testing the concept in the wider context of international cooperation. We believe that it offers valuable insights and raises critical questions, even though we do not intend to insinuate any proto-federal prospects of the institutions discussed in this paper.

The principle of subsidiarity as a constitutional principle in international law

2013 ◽  
Vol 2 (1) ◽  
pp. 37-62 ◽  
Author(s):  
ANDREAS FOLLESDAL
Keyword(s):  
International Law ◽  
The State ◽  
Legal Order ◽  
State Sovereignty ◽  
Public International Law ◽  
Constitutional Principle ◽  
The Us ◽  
State Compliance ◽  
State Consent

AbstractThis paper explores subsidiarity as a constitutional principle in international law. Some authors have appealed to a principle of subsidiarity in order to defend the legitimacy of several striking features of international law, such as the centrality of state consent, the leeway in assessing state compliance and weak sanctions in its absence. The article presents such defences of state-centric aspects of international law by appeals to subsidiarity, and finds them wanting. Different interpretations of subsidiarity have strikingly different institutional implications regarding the objectives of the polity, the domain and role of subunits, and the allocation of authority to apply the principle of subsidiarity itself. Five different interpretations are explored, drawn from Althusius, the US federalists, Pope Leo XIII, and others. One upshot is that the principle of subsidiarity cannot provide normative legitimacy to the state-centric aspects of current international law on its own. It stands in need of substantial interpretation. The versions of subsidiarity that match current practices of public international law are questionable. Many crucial aspects of our legal order must be reconsidered – in particular the standing and scope of state sovereignty.

scholarly journals The state and environmental management: general regulatory issues

2021 ◽  
Vol 7 (3) ◽  
pp. 168-173
Author(s):  
Evgeniy E. Tonkov ◽  
Natalya A. Kosolapova ◽  
Sergey Yu. Sumenkov ◽  
Yury A. Kondrashov ◽  
Yulia V. Aleksakhina
Keyword(s):  
Environmental Management ◽  
Law Enforcement ◽  
International Law ◽  
The State ◽  
Research Focus ◽  
Role Of The State ◽  
Foreign Countries ◽  
The Social

Now environmental protection is a priority in managing problems at the social, legal, economic, and political levels. The authors set the task based on the importance of the role of the state– to analyze the state policy of Russia and several foreign countries in the direction of environmental management. The research focus concerned the classification of the main policy areas of environmental management regulation and the identification of problems related to special state activities in this area. As a result of the study, the authors concluded that the terminology in the field of environmental management is insufficient elaboration, a generalized international law enforcement practice and an effective security mechanism are absent and there are many resulting contradictions related to the above in public policies in the field of environmental management at various levels.

scholarly journals Resolving the issue of missing persons with reference to the role of the international community

2021 ◽  
Vol 18 (2) ◽  
pp. 99-112
Author(s):  
Ljiljana Krstić ◽  
Marko Milović
Keyword(s):  
Armed Conflict ◽  
International Community ◽  
The State ◽  
Armed Conflicts ◽  
Former Yugoslavia ◽  
Missing Persons ◽  
Role Of The State

The existence of the problem of missing persons is a necessary consequence of armed conflicts, even conflicts that arose on the territory of the former Yugoslavia. After twenty years or more, we still have a fairly large number of wanted persons who are listed as missing. The attempts of the international community to help solve these painful issues, which especially concern their families and which arose both during and after the armed conflict, especially in Croatia and on the territory of Kosovo and Metohija, were pointed out. In this regard, a review was given of the Declaration on the Role of the State in Resolving the Issue of Missing Persons from 2014, which was signed by four countries in the region and which should be an incentive in resolving this issue.

scholarly journals Polexit – Is the Exit of Poland from the EU a Viable Option?

2021 ◽  
Vol 8 (1) ◽  
pp. 29-38
Author(s):  
Dumitrita Florea ◽  
Narcisa Gales
Keyword(s):  
International Law ◽  
The State ◽  
Industrialized Countries ◽  
The West ◽  
Role Of The State ◽  
General Rules ◽  
The Hague ◽  
Set Up ◽  
The Eu

States must respect the interests of the international community since they must exercise their powers in a manner consistent with the general rules of international law; the territorial competence of the State is in this case limited, not only to foreigners, but also to their own residents, this means that the role of the state is to protect its own citizens, but also foreign citizens. The State must also exercise its competence in a manner that maintains the freedom of international communications. From the outset, the European Communities have sought to achieve forceful cooperation between Member States than that resulting from co-oping organizations. To this end, the states put themselves in a more similar perspective to the federal aspirations, which were, conceived at the Hague Congress in May 1948, and were then struck by the conceptions of proponents of institutionalized cooperation. Initially, in the West, the European construction took the form of co-operation organizations conceived in the late 40 years, some of which were due to American-inspired initiatives. After years of sustained efforts to recover and rebuild Europe, it faces the creation of a actually broader Community than that of industrialized countries, made up of multiple organizations operating on a solidarity basis and finding a balance in their development. The cooperation organizations set up in the West come to add new, restricted organizations in the early 50 years, not other than the European Communities, which contribute to a new federal vision.

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