Sources in the Anti-Formalist Tradition

Carl Schmitt ◽

Past Century ◽

New Haven ◽

The Past ◽

Political Principles ◽

The Relationship ◽

Domestic Law

This chapter traces the legal and political principles of two important schools of the twentieth century—the New Haven School and the School of Carl Schmitt—and situates them in their geographical and historical contexts. It analyses commonalities and especially differences in their political and legal projects. The chapter further argues that reaction against a naïve positivism reigning during the past century in international law essentially determined developments in both schools’ understanding of the concept of sources of law. In the discussion of Schmitt, the chapter focuses on sources of domestic law and seeks to understand the relationship between the sources of domestic and international law as Schmitt saw it through the notion of ‘concrete order thinking’. Finally, this chapter also addresses a trait shared by New Haven and Schmitt when connecting sources of law with politics, international organizations, and institutions.

Sources of International Law in Domestic Law

10.1093/law/9780198745365.003.0052 ◽

2018 ◽

Author(s):

Ingrid B. Wuerth

Keyword(s):

International Law ◽

Soft Law ◽

Past Century ◽

Global Changes ◽

Administrative State ◽

New Approach ◽

The Past ◽

The World ◽

The Relationship ◽

Domestic Law

This chapter takes a new approach to the much-analysed relationship between domestic and international law. It considers how global changes in domestic constitutional structures have changed the sources of international law. It argues that domestic constitutional structures have changed in similar ways in many countries around the world over the past century. Treaties, custom, and ‘soft law’ as sources of international law have each been shaped by these changes, particularly the rise in legislative power for treaties, the rise in legislative and judicial power for custom and general principles, and the rise of the administrative state for soft law. This chapter also considers how the content of each source of international law is influenced by domestic constitutional structures. It concludes with some normative perspectives on the relationship between each source of international law and changes in domestic constitutional structures.

Responsibility and Immunities

International Organizations Law Review ◽

10.1163/15723747-01101005 ◽

2014 ◽

Vol 11 (1) ◽

pp. 114-171 ◽

Cited By ~ 1

Author(s):

Alexander Orakhelashvili

Keyword(s):

International Law ◽

Legal System ◽

Present Contribution ◽

Relative Growth ◽

The Past ◽

International Legal System ◽

The Law ◽

Over the past couple of decades, the relative growth of the human-oriented element in the international legal system has been one of the defining characteristics of the process of its evolution. Rules, instruments, practices and institutions for protecting individuals in peacetime as well as during times of war keep multiplying and becoming more imperative. How does the law respond to underlying the dilemmas this presents: through developing a system of effective remedies, or by admitting and tolerating substantial gaps in accountability? The present contribution covers the law of the responsibility of international organizations and the multiple grounds of attribution under it, mainly focusing on the International Law Commission’s Draft Articles on the Responsibility of International Organizations and their applicability in practice. It also focuses on the immunities of international organizations, their sources and scope, and on the relationship between their competing or conflicting standards. There is more inter-dependence between the standards under the law of responsibility and those under the law of immunities than often meets the eye, and such inter-dependence is dictated by the orderly operation of both these branches of international law.

Diplomas

10.1093/oso/9780198790631.003.0002 ◽

2017 ◽

Author(s):

Mark Bovens ◽

Anchrit Wille

Keyword(s):

Twentieth Century ◽

Science Fiction ◽

European Countries ◽

Past Century ◽

Educational Expansion ◽

Critical Juncture ◽

Educational Levels ◽

The Past ◽

The Impact ◽

Life sometimes imitates art. Written in the 1950s as science fiction, Michael Young’s The rise of the meritocracy has turned out to be surprisingly realistic in hindsight. Many Western European countries underwent major educational transformations in the second half of the past century, which have strongly enhanced the meritocratic nature of society. First, we describe the relationship between education and meritocracy and how we classify educational levels. Second, we describe how the enormous educational expansion in the second half of the twentieth century has constituted a critical juncture for the rise of new social and political divides. The chapter documents how the number of well-educated citizens has risen spectacularly in the past decades, and it explores competing claims with respect to the impact of this educational revolution.

‘The Sacred Conspiracy’: Religion, Nationalism, and the Crisis of Internationalism

Leiden Journal of International Law ◽

10.1017/s0922156511000537 ◽

2011 ◽

Vol 25 (1) ◽

pp. 9-54 ◽

Cited By ~ 5

Author(s):

NATHANIEL BERMAN

Keyword(s):

International Law ◽

Religious Studies ◽

Historical Narrative ◽

Constitutive Relationship ◽

Past Century ◽

The Past ◽

Brown University ◽

Historical Reflection ◽

Relationship Of ◽

AbstractThe goal of this article is to initiate an interdisciplinary and historical reflection on one of the central preoccupations of our time: the relationship of religion to international order. This current project grows out of my long-standing work on the genealogy of modern internationalism. In my past work, I have argued that internationalists constructed their own disciplines in tandem with their construction of nationalism, to such an extent that modern ‘internationalism’ and modern ‘nationalism’ must be understood in relation to each other; in the present essay, I contend that ‘internationalism’ and ‘religion’ have an equally mutually constitutive relationship. This article seeks to retell the story of international law over the past century through the lens of its relationship to religion – a lens that both overlaps with and differs from that of nationalism. Its historical narrative is rooted in the early twentieth century – a period to which so many of our ‘modern’ cultural conceptions may be traced. Its methodology is broadly interdisciplinary, setting changing international legal conceptions of religion in relation to contemporaneous developments in domains such as sociology, religious studies, and historiography. This is the first piece of a series of projected studies on the construction and contestation of ‘religion’, ‘the secular’, and ‘the international’ over the past century. It is also my first publication associated with the interdisciplinary Religion and Internationalism Project, which I co-direct at Brown University.

Aftershocks

10.23943/princeton/9780691172330.001.0001 ◽

2017 ◽

Cited By ~ 1

Author(s):

Seva Gunitsky

Keyword(s):

Twentieth Century ◽

Regime Change ◽

International System ◽

Political Legitimacy ◽

Great Powers ◽

Past Century ◽

The Past ◽

Sudden Rise ◽

The World ◽

National Borders

Over the past century, democracy spread around the world in turbulent bursts of change, sweeping across national borders in dramatic cascades of revolution and reform. This book offers a new global-oriented explanation for this wavelike spread and retreat—not only of democracy but also of its twentieth-century rivals, fascism, and communism. The book argues that waves of regime change are driven by the aftermath of cataclysmic disruptions to the international system. These hegemonic shocks, marked by the sudden rise and fall of great powers, have been essential and often-neglected drivers of domestic transformations. Though rare and fleeting, they not only repeatedly alter the global hierarchy of powerful states but also create unique and powerful opportunities for sweeping national reforms—by triggering military impositions, swiftly changing the incentives of domestic actors, or transforming the basis of political legitimacy itself. As a result, the evolution of modern regimes cannot be fully understood without examining the consequences of clashes between great powers, which repeatedly—and often unsuccessfully—sought to cajole, inspire, and intimidate other states into joining their camps.

Domestic Anti-Avoidance Legislation in Relation to Tax Treaty Law

European Journal of Multidisciplinary Studies ◽

10.26417/ejms.v6i2.p312-316 ◽

2017 ◽

Vol 6 (2) ◽

pp. 312

Author(s):

Shkumbin Asllani

Keyword(s):

International Law ◽

Tax Avoidance ◽

International Taxation ◽

Main Principle ◽

Legal Practice ◽

Tax Treaties ◽

International Tax ◽

Tax Payers ◽

The Relationship ◽

Domestic Law

In today’s international taxation most of the developing countries enter into tax treaties which are drafted in line with the OECD MC to eliminate double taxation. Yet, is well-known fact that tax treaties in practice are abused by tax payers, therefore, majority of states have introduce legislation specifically designed to prevent tax avoidance and protect their domestic interests. In legal practice and literature the act of overriding international tax treaties and denying treaty benefits in favour of domestic law provisions threatens main principle of international law and therefore is questionable to what extend the relationship between domestic law and international tax treaty agreements bridges the international norms.

The Obligation to Afford Reparation to Injured Individuals

10.1093/oso/9780198808442.003.0004 ◽

2017 ◽

Author(s):

Carla Ferstman

Keyword(s):

Human Rights ◽

International Law ◽

International Humanitarian Law ◽

Humanitarian Law ◽

Human Rights Treaties ◽

The Law ◽

The Right ◽

Right Of Access ◽

This chapter considers the consequences of breaches of human rights and international humanitarian law for the responsible international organizations. It concentrates on the obligations owed to injured individuals. The obligation to make reparation arises automatically from a finding of responsibility and is an obligation of result. I analyse who has this obligation, to whom it is owed, and what it entails. I also consider the right of individuals to procedures by which they may vindicate their right to a remedy and the right of access to a court that may be implied from certain human rights treaties. In tandem, I consider the relationship between those obligations and individuals’ rights under international law. An overarching issue is how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and particularly, their application to individuals.

‘From Zionism to Communism’: Emilio Sereni and the Consiglio di Gestione in postwar Italy

Modern Italy ◽

10.1017/mit.2021.29 ◽

2021 ◽

pp. 1-23

Author(s):

Andrea Bonfanti

Keyword(s):

Twentieth Century ◽

Historical Research ◽

Previous Experience ◽

Past Century ◽

The Past ◽

Early Twentieth Century ◽

Postwar Italy

This essay demonstrates that it is impossible to appreciate the actions of the Italian communist Emilio Sereni without considering his Zionist background. Anyone who is interested in understanding the complexities of communism in the past century and to avoid simplistic conclusions about this ideology will benefit from the study. The problem at stake is that researchers often approach communism in a monolithic manner, which does not adequately explain the multiform manifestations (practical and theoretical) of that phenomenon. This ought to change and to this extent this essay hopes to contribute to that recent strand of historical research that challenges simplistic views on communism. More specifically, by analysing the Management Councils that Sereni created in postwar Italy, we can see that many of their features in fact derived from, or found their deepest origins in, his previous experience as a committed socialist Zionist. The study, then, also relates Sereni to and looks at the broader experiences of early twentieth-century Zionism and Italian communism in the early postwar years.

Designing for international law: The architecture of international organizations 1922–1952

Leiden Journal of International Law ◽

10.1017/s092215652000059x ◽

2020 ◽

pp. 1-22

Author(s):

Miriam Bak McKenna

Keyword(s):

New York ◽

International Law ◽

International Organization ◽

International Labour Organization ◽

The Relationship ◽

Physical Manifestation ◽

Insight Into ◽

Do So

Abstract Situating itself in current debates over the international legal archive, this article delves into the material and conceptual implications of architecture for international law. To do so I trace the architectural developments of international law’s organizational and administrative spaces during the early to mid twentieth century. These architectural endeavours unfolded in three main stages: the years 1922–1926, during which the International Labour Organization (ILO) building, the first building exclusively designed for an international organization was constructed; the years 1927–1937 which saw the great polemic between modernist and classical architects over the building of the Palace of Nations; and the years 1947–1952, with the triumph of modernism, represented by the UN Headquarters in New York. These events provide an illuminating allegorical insight into the physical manifestation, modes of self-expression, and transformation of international law during this era, particularly the relationship between international law and the function and role of international organizations.

Number of Siblings in Childhood, Social Outcomes in Adulthood

Journal of Family Issues ◽

10.1177/0192513x19873356 ◽

2019 ◽

Vol 41 (2) ◽

pp. 212-234

Author(s):

Joseph J. Merry ◽

Donna Bobbitt-Zeher ◽

Douglas B. Downey

Keyword(s):

Conflict Management ◽

Negative Association ◽

Social Outcomes ◽

Past Century ◽

Adult Health ◽

Growing Up ◽

The Past ◽

National Longitudinal Study ◽

The World ◽

In many parts of the world, fertility has declined in important ways in the past century. What are the consequences of this demographic change? Our study expands the empirical basis for understanding the relationship between number of siblings in childhood and social outcomes among adults. An important recent study found that for each additional sibling an individual grows up with, the likelihood of divorce as an adult declines by 3%. We expand this work by (a) determining whether the original pattern replicates in the National Longitudinal Study of Adolescent to Adult Health and (b) extending the analysis beyond divorce to consider whether growing up with siblings is related to prosocial adult behaviors (relationships with parents, friends, and views on conflict management with one’s partner). Our results confirm a negative association between number of siblings and divorce in adulthood. We find mixed results related to other prosocial adult behaviors.