a plea for new international laws

2021 ◽  
pp. 1-29
Author(s):  
Gerry Simpson
Keyword(s):  
International Law ◽  
Good Life ◽  
Living Well ◽  
International Laws ◽  
Way Of Thinking

This chapter sets out the preoccupations of the book and is organised around a series of questions. Are we at the point where enunciating our collective tragedy in the language of international law risks a degree of bathos or absurdity? Is international law—as a prescription for a good life—no longer compatible with living well, or has it become/has it always been a cluster of promises that obscure and inhibit the conditions for flourishing? After offering up a series of definitions of international law, the chapter then goes on to sketch the dangers of relevance and the prospects for a playfully serious way of thinking about international law through literature, through civility and through sentimentality.

Covenants Without the Sword International Law and the Protection of Civilians in Times of War

2006 ◽  
Vol 58 (3) ◽  
pp. 339-377 ◽  
Author(s):  
Benjamin Valentino ◽  
Paul Huth ◽  
Sarah Croco
Keyword(s):  
Statistical Analysis ◽  
International Law ◽  
Strong Support ◽  
Theoretical Framework ◽  
Regime Type ◽  
Geneva Conventions ◽  
Long Duration ◽  
International Laws ◽  
The Hague ◽  
War Aims

Do the international laws of war effectively protect civilian populations from deliberate attack? In a statistical analysis of all interstate wars from 1900 to 2003 the authors find no evidence that signatories of The Hague or Geneva Conventions intentionally kill fewer civilians during war than do nonsignatories. This result holds for democratic signatories and for wars in which both sides are parties to the treaty. Nor do they find evidence that a state's regime type or the existence of ethnic or religious differences between combatants explains the variation in civilian targeting. They find strong support, however, for their theoretical framework, which suggests that combatants seek to kill enemy civilians when they believe that doing so will coerce their adversaries into early surrender or undermine their adversaries' war-related domestic production. The authors find that states fighting wars of attrition or counterinsurgency, states fighting for expansive war aims, and states fighting wars of long duration kill significantly more civilians than states in other kinds of wars.

Teach the Children Well

2017 ◽  
Vol 14 (6) ◽  
pp. 734-760
Author(s):  
Michelle Mason
Keyword(s):  
Good Life ◽  
Point Of View ◽  
Living Well ◽  
Ethical Virtue ◽  
Good For

What connection is there between living well, in the sense of living a life of ethical virtue, and faring well, in the sense of living a life good for the agent whose life it is? Defenses of a connection between exercising the virtues and living a good life often display two commitments: first, to addressing their answer to the person whose life is in question and, second, to showing that virtue is what I call a reliability conferring property. I challenge both commitments. I propose we take up the question from the dialogical point of view implicit in contexts where one person (an “ethical trustee”) is charged with the care of the character of another (an “ethical trustor”) and argue that virtue is what I call a status conferring property. Ethical trustees benefit their trustors by inculcating the virtues because in doing so they bestow on them a status that is necessary for a good life.

scholarly journals The Legal Conundrum in the Implementation of the Convention on the Rights of the Child in Nigeria

2021 ◽  
Vol 5 (1) ◽  
pp. 1
Author(s):  
Ibrahim Danjuma ◽  
Karatu Afabwaje Joel
Keyword(s):  
International Law ◽  
Child Rights ◽  
National Assembly ◽  
Binding Force ◽  
Full Compliance ◽  
Rights Of The Child ◽  
International Laws ◽  
United Nations Convention ◽  
The Law ◽  
Global Agency

International law or treaty binds a state where such state signed, ratified acceded or domesticated same. In a monist State, ratification alone suffices for the international law or treaty to become binding whereas, in a dualist State, domestication as a condition must have complied. It is because of the peculiarities within various nations' legal systems (Monist or Dualist system). In 1989, The United Nations Convention on the Rights of the Child (UNCRC), an international human rights instrument came into force. Since its domestication as the Child Rights Act (CRA 2003) in Nigeria by the National Assembly, only about 24 States have enacted the law for onward enforcement. Nigeria is a nation which became independent in the year 1960 comprising now of 36 states and Abuja as its Federal Capital Territory all under the Federal Government. Since its domestication as the Child Rights Act (CRA 2003) in Nigeria by the National Assembly, many States have enacted the law for onward enforcement. However, few states are yet to comply and raise a question as to whether the said CRC has a binding force in all the States of the Federation. This study aims to examine the extent of how the UNCRC and CRA are being enforced in Nigeria. This study's research methodology is purely doctrinal, where library materials such as books, articles from journals, and online articles have been carefully selected and analyzed for this research. This paper recommends establishing a global agency or organ that should be saddled with the responsibility of ensuring full compliance and enforcement of international laws or treaties.

scholarly journals PROTECTING THE SEAS AND OCEANS OF THE WORLD BY MEANS OF SANCTIONS AND OTHER MEASURES OF PUBLIC INTERNATIONAL LAW

2013 ◽  
Vol 7 (3) ◽  
Author(s):  
Daniel-Ştefan Paraschiv
Keyword(s):  
International Law ◽  
Public International Law ◽  
Psychotropic Substances ◽  
The World ◽  
International Laws ◽  
International Conventions ◽  
Illicit Traffic ◽  
High Seas

AbstractThe maritime zones recognized under international laws – are formed from the highseas, with the riches at the bottom of the oceans and seas from this perimeter – which isregulated by international conventions, whose infringement may lead to the application ofsanctions in conformity with the dispositions stipulated, or, in the lack of such dispositions, totaking other measures, such as repression or retaliation, which are considered, in the publicinternational law, as being general sanctions included in the category of countermeasures.At high seas serious acts of a criminal character are also committed, such as: piracy,illicit traffic of narcotics and psychotropic substances, etc., thus all states must cooperate inview of repressing these acts and sanctioning the culprits.

Ecocritique and Anecdote

2020 ◽  
pp. 11-48
Author(s):  
Sean Cubitt
Keyword(s):  
Good Life ◽  
Well Being ◽  
The Good Life ◽  
The Past ◽  
Living Well ◽  
The World ◽  
Central Notion

Section 1 starts by considering the central notion of this book: a “ecocritique”. The ecocritique recognises that the good life for all includes the well-being of the world we are involved in at every level from the cellular to the cosmic. It is all encompassing. Section 1 then considers how the term “anecdote” relates to ecocritique. Anecdotes provide a peculiarly powerful tool for finding out the meaning of living well, as well as the answering the oft-asked question: who is this “we”? The beauty of anecdotes is that they operate in a non-contemporaneous time. They operate equally well in the past, present, and future. A primary political and ecocritical task of anecdotal method, therefore, is to recognise this hybrid temporality, and to free and maintain its capacity to generate new futures and new pasts.

scholarly journals Global disinformation campaigns and legal challenges

2020 ◽  
Vol 1 (1-2) ◽  
pp. 125-136
Author(s):  
Tomoko Nagasako
Keyword(s):  
International Law ◽  
Freedom Of Expression ◽  
Information Warfare ◽  
National Scale ◽  
Social Networking Service ◽  
Online Platforms ◽  
Foreign State ◽  
Legal Challenges ◽  
International Laws ◽  
Election Results

Abstract Recently, some countries have deployed global cyberattacks that not only impose destructive measures on the systems of industries or infrastructures, but also as a type of information warfare, including social networking service (SNS) and other media that affects election results or democratic processes, thereby becoming a threat to democracy. Thus, this kind of operation is recognized as “disinformation.” This paper demonstrates cases of disinformation in cyberspace and focuses on legal problems in international laws and countermeasures taken by legal systems in individual countries. Consequently, one finds that it is challenging to deal with disinformation on a national scale. As there is a limit regarding the regulations by international law at present, it is essential to provide national laws for its regulation. Here, the types of countermeasures are classified in order to find improved responses as the number of disinformation cases increases. Since regulations on disinformation could violate freedom of expression and democracy in some cases, subsequent sanctions against foreign state actors should be applied, and regulations on the content of media and online platforms need to be carefully put in place.

Regulating Corporate Social Responsibility (CSR) for Economic and Social Development Through Trade Rules

2020 ◽  
Vol 36 (3) ◽  
pp. 335-352
Author(s):  
Michèle Rioux ◽  
Christine Vaillancourt
Keyword(s):  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
International Law ◽  
Trade Agreements ◽  
Private Governance ◽  
International Trade Agreements ◽  
Hybrid Governance ◽  
Social Compact ◽  
International Laws ◽  
Corporate Social

Multinationals affirm corporate social responsibility (CSR) is a way to go further than national and international law to build a social compact. While CSR can contribute to an effective global labor governance scheme, we argue that national and international laws must be engaged to regulate CSR private governance schemes. We will support this argument and, furthermore, we will argue that international trade agreements can provide, if effectively enforced, grounds for the articulation. It can be argued that hybrid governance schemes could ensure that result-oriented and pragmatic developmental processes are at the core of the CSR–development nexus. In this article, we argue for the need to socialize CSR to make it more efficient, and that trade agreements can be part of this process. CSR is not an autonomous regulatory trajectory, and it will probably become increasingly regulated through institutional means.

Virtue and the “Good Life” in the Book of Job

2019 ◽  
Vol 41 (1) ◽  
pp. 1-24
Author(s):  
Patricia L. Vesely
Keyword(s):  
Good Life ◽  
The Good Life ◽  
Human Beings ◽  
Human Flourishing ◽  
Book Of Job ◽  
Face To Face ◽  
Living Well ◽  
Presence Of God ◽  
Human Happiness ◽  
External Goods

Abstract In this article, I argue that Job 29 provides an eudaimonic depiction of human happiness whereby virtue, combined with a number of “external goods” is held up as the best possible life for human beings. I compare Job’s vision of the “good life” with an Aristotelian conception of εὐδαιμονία and conclude that there are numerous parallels between Job and Aristotle with respect to their understanding of the “good life.” While the intimate presence of God distinguishes Job’s expectation of happiness with that of Aristotle, Job is unique among other eudaimonic texts in the Hebrew Bible in that expectations of living well are expressed in terms of virtue, rather than Torah piety. In the second portion of the article, I assess Job’s conception of human flourishing from the perspective of the divine speeches, which enlarge Job’s vision of the “good life” by bringing Job face-to-face with the “wild inhabitants” of the cosmos.

Constructing a Good Life

2016 ◽  
Vol 13 (3) ◽  
pp. 363-375 ◽  
Author(s):  
Micah Lott
Keyword(s):  
Good Life ◽  
Practical Reasoning ◽  
Explanatory Power ◽  
The Other ◽  
The Core ◽  
Living Well

In The Value of Living Well, Mark LeBar develops a position that he calls “virtue eudaimonism” (ve). ve is both a eudaimonistic theory of practical reasoning and a constructivist account of the metaphysics of value. In this essay, I will explain the core of LeBar’s view and focus on two issues, one concerning ve’s eudaimonism and the other concerning ve’s constructivism. I will argue that, as it stands, ve does not adequately address the charge of egoism, once that charge has been formulated in the strongest way. I will also argue that a substantive constructivism like ve must have considerably less explanatory power than any (successful) constructivism that appeals to a formal characterization of agency. Although my remarks are largely critical, I offer them in a spirit of sympathetic engagement with LeBar’s impressive book.

Sources and the Legitimate Authority of International Law

2018 ◽  
Author(s):  
José Luis Martí
Keyword(s):  
Political Philosophy ◽  
International Law ◽  
International Institutions ◽  
Current System ◽  
Democratic Legitimacy ◽  
Legitimate Authority ◽  
Basic Principles ◽  
Democratic Equality ◽  
International Laws ◽  
The Right

This chapter considers that political philosophers in recent years are paying growing attention to the legitimacy of international law and international institutions and are asking who has the right to rule and adequate standing to create international laws, and how. It attempts to contribute to this debate in normative political philosophy through the more specific lens of democratic legitimacy. After presenting certain conceptual clarifications, the chapter identifies three basic principles of democratic legitimacy: the principle of ultimate popular control, the principle of democratic equality, and the principle of deliberative contestability, which can be instantiated in six more concrete requirements. The chapter continues by exploring the limitations of two influential views on the democratic legitimacy of international law. Finally, the chapter concludes by expressing some scepticism about the degree to which the current system of sources of international law is democratically legitimate.

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