Introduction

2021 ◽  
pp. 1-13
Author(s):  
Frédéric Mérand
Keyword(s):  
International Organizations ◽  
Social Dynamics ◽  
International Norms ◽  
Political Agency ◽  
Power Structures ◽  
Legal Norms ◽  
Institutional Rules ◽  
Political Work ◽  
Market Pressures ◽  
Logics Of Action

In this Introduction, I frame the book’s argument around two issues: the project of a Political Commission, which Jean-Claude Juncker and Pierre Moscovici embodied, and political work in international organizations more generally. Political work, I argue, is the practice of trying to carve out a space for political agency in an environment that is heavily constrained by bureaucratic rules, international norms, and intergovernmental power structures. I contrast political work with other logics of action: technocratic expertise, the application of legal norms and institutional rules, market pressures, and diplomacy. Then I explain the effects and social dynamics of international political work.

Application of international norms on human rights as a complex general legal problem

2021 ◽  
pp. 154
Author(s):  
Lev A. Lazutin
Keyword(s):  
Human Rights ◽  
Legal System ◽  
International Norms ◽  
Legal Problem ◽  
National Legislation ◽  
Legal Norms

The article is devoted to the interaction of domestic and international legal norms on human rights and the application of the latter in national legislation. The author comes to the conclusion that there are a number of problems in the implementation of international legal norms on human rights in the Russian legal system.

scholarly journals Comparative International Law

2018 ◽  
Keyword(s):  
International Law ◽  
International Norms ◽  
Domestic Institutions ◽  
Legal Norms ◽  
Legal Rules ◽  
Diverse Backgrounds ◽  
Geographic Differences ◽  
Similarities And Differences ◽  
Cross Country ◽  
The One

By definition, international law, once agreed upon and consented to, applies to all parties equally. It is perhaps the one area of law where cross-country comparison seems inappropriate, because all parties are governed by the same rules. However, as this book explains, states sometimes adhere to similar, and other times adopt different, interpretations of the same international norms and standards. International legal rules are not a monolithic whole, but are the basis for ongoing contestation, in which states set forth competing interpretations. International norms are interpreted and redefined by national executives, legislatures, and judiciaries. These varying and evolving interpretations can, in turn, change and impact the international rules themselves. These similarities and differences make for an important, but thus far largely unexamined, object of comparison. This is the premise for this book, and for what the editors call “comparative international law.” This book achieves three goals. The first is to show that international law is not a monolith. The second is to map the cross-country similarities and differences in international legal norms in different fields of international law, as well as their application and interpretation with regards to geographic differences. The third is to make a first and preliminary attempt to explain these differences. The book’s contributors include leading international law and comparative law scholars with diverse backgrounds, experience, and perspectives. It is organized into three broad thematic sections, exploring: conceptual matters, domestic institutions and comparative international law, and comparing approaches across issue-areas.

Functionalism

2021 ◽  
pp. 17-32
Author(s):  
Lorenzo Gasbarri
Keyword(s):  
Member State ◽  
International Law ◽  
International Organizations ◽  
Member States ◽  
Institutional Rules ◽  
Contractual Relationship ◽  
The Law

Functionalism is conventionally considered the mainstream paradigm of the law of international organizations: organizations are agents of their member states by the means of a contractual relationship; the law created by international organizations is purely international law; the institutional veil is characterized by a crystallin transparency; the autonomy of the organization is minimal and only granted by a rigid conferral of competences and few implied powers; the conduct of member states acting in the institutional forum is relevant as a matter of international law. This chapter introduces the historical roots of this conceptualization and elaborates why under this perspective the rules of the organizations are purely international law. It describes the flaws of this theory, discussing the breach of institutional rules by the organization and the adoption of countermeasures against a wrongful act committed by a member state.

scholarly journals Integrated Assessment—How Does It Help Unpack Water Access by Marginalized Farmers?

Water ◽  
2020 ◽  
Vol 12 (12) ◽  
pp. 3444
Author(s):  
Serena H. Hamilton ◽  
Wendy S. Merritt ◽  
Mahanambrota Das ◽  
M. Wakilur Rahman ◽  
Sumana S. Bhuiya ◽  
...  
Keyword(s):  
Rural Communities ◽  
Case Studies ◽  
Integrated Assessment ◽  
Social Dynamics ◽  
Water Access ◽  
Multiple Perspectives ◽  
Power Structures ◽  
Diverse Range ◽  
Coastal Bangladesh ◽  
Integrative Framework

Water is critical to the lives and livelihoods of rural communities in developing countries; however, access to water can be inequitable within communities. This paper uses a generalized integrated assessment approach to explore the determinants of water access by marginalized farmers in two villages in coastal Bangladesh, before and after the setup of local water institutions. The study was part of a broader project aimed at promoting socially inclusive agricultural intensification. An integrative framework was developed in this study to capture and link the diverse range of factors that influence the distribution of water, including the often-overlooked role of social dynamics and governance arrangements. While interventions around improving water resource infrastructure can be critical for freshwater availability, the case studies show that a breakdown of asymmetric power structures may also be needed for water access to all individuals, especially marginalized groups. Establishing a community-based water institution on its own does not necessarily address power issues in a community. It is imperative that the agency and capacities of the marginalized members are developed and that the institutional arrangements foster an enabling environment for marginalized members to influence decision making. Integrated assessment allowed the case studies to be explored from multiple perspectives so as to gain a greater understanding of the barriers and levers to obtaining equitable outcomes from water interventions.

Kosovo to Kadi: Legality and Legitimacy in the Contemporary International Order

2014 ◽  
Vol 28 (1) ◽  
pp. 105-113 ◽  
Author(s):  
Ruti Teitel
Keyword(s):  
International Law ◽  
National Level ◽  
International Norms ◽  
Customary International Law ◽  
Legal Norms ◽  
Normative Force ◽  
Positive Law ◽  
State Consent ◽  
United Nations Charter ◽  
Domestic Law

Whence does international law derive its normative force as law in a world that remains, in many respects, one where legitimate politics is practiced primarily at the national level? As with domestically focused legal theories, one standard answer is positivistic: the law's authority is based on its origin in agreed procedures of consent. This is certainly plausible with respect to treaty obligations and commitments that derive from the United Nations Charter, but it leaves customary international law vulnerable to legitimacy critiques—of which there is no shortage among international law skeptics. Even with respect to conventional international norms, such as treaty provisions, there is often a sense that such consent is democratically thinner than the public consent to domestic law, particularly fundamental domestic law, constitutional norms, and derivative principles of legitimate governance. State consent in international law, in this view, is often a very imperfect proxy for democratic consent to international legal norms. While it is obvious to international lawyers why (as a matter of positive law doctrine) state consent should make international norms prevail over domestic norms to which there is arguably deeper democratic consent, persistent critics of international law have questioned whether this should be so as a matter of legitimacy.

scholarly journals Observers in the Process of Concluding International Treaties

2018 ◽  
Vol 5 (4) ◽  
pp. 23-29
Author(s):  
A Yu Kurashvili
Keyword(s):  
International Organizations ◽  
International Treaties ◽  
International Treaty ◽  
Legal Norms ◽  
The Status ◽  
Laws And Regulations

The article deals with the participation of observers from states and international organizations in the process of concluding international treaties. The status of observers is not defined in present laws and regulations; also there are no significant scientific researches on this topic, both internationally and nationally. Nevertheless, as a result of long practice, a certain set of rights and obligations of observers has been formed, which characterizes their status. In the present publication, the author dissects separate stages of treaty-making process in which observers can be involved and gives the characteristics of rights and obligations for such observers. Despite the limited functionality of the observers, their involvement in the process is quite high. When discussing the provisions of the international treaty, it is important for its future participants to obtain the opinion of competent organizations or interested states on the subject and the main provisions of such treaty. Thus, the participation of observers in the process of concluding international treaties is not only a unilaterally granted privilege, but also a legal symbiosis with other actors in the process, where treaties become more natural and viable. In the author’s opinion, observer states and observer organizations play an important role in the process of creating international legal norms. Taking into account the comments and recommendations of observers at conferences or in international organizations significantly increases the chance of adopting the text of the treaty when voting. This research may be of interest to persons engaged in law of treaties, law of international organizations, procedural issues of concluding international treaties, as well as the status of participants in the process of concluding treaties.

scholarly journals Designing international organizations for debate? A factor analysis

2021 ◽  
Author(s):  
Diana Panke ◽  
Franziska Hohlstein ◽  
Gurur Polat
Keyword(s):  
Decision Making ◽  
Factor Analysis ◽  
International Organizations ◽  
Agenda Setting ◽  
Policy Cycle ◽  
Member States ◽  
Ideal Types ◽  
Institutional Rules

AbstractInternational organizations (IOs) constitute key arenas in which states discuss common issues. Such debates are central prerequisites for taking qualitatively good decisions. Yet researchers have not examined how IOs foster discussion through their institutional provisions. We conduct a factor analysis of institutional rules of 114 IOs which reveals that two ideal types how IOs seek to induce discussion exist: The first type creates room for debate in the negotiation stage of the policy cycle. In contrast, the second type gives member states a strong say in the agenda-setting, thereby facilitating debate. Why do IOs opt for either strategy? A limited policy scope, heterogeneity among actors, and diplomatic socialization increase the probability that IOs place emphasis on debate during negotiations, while a high number of members is the main reason for IOs to promote debate during agenda-setting. These choices reflect the strive of IOs to balance extensive debate with speedy decision-making.

scholarly journals Torture and sexual violence in war and conflict: The unmaking and remaking of subjects of violence

2019 ◽  
Vol 46 (2) ◽  
pp. 197-216 ◽  
Author(s):  
Harriet Gray ◽  
Maria Stern ◽  
Chris Dolan
Keyword(s):  
Sexual Violence ◽  
Sense Making ◽  
Legal Norms ◽  
Political Work ◽  
War And Conflict ◽  
Group Interviews ◽  
Support Programmes ◽  
Local Discourses ◽  
Global And Local ◽  
Violent Victimisation

AbstractDespite the wide repository of knowledge about conflict-related sexual violence that now exists, there remains a lack of understanding about how victims/survivors of such violence themselves make sense of and frame their experiences in conversation with global and local discourses and with the categorisations that underpin support programmes. Such sense-making is important not only because the ways in which violence is categorised shape a victim/survivor's ability to access particular forms of recognition and support, but also because it is central in how shattered selves and worlds are remade in the aftermath of violence. Drawing on individual and group interviews conducted with refugees living in Kampala, Uganda, this article charts how framings of ‘torture’ and ‘sexual violence’ become meaningful in participants’ accounts in the (re)formation of themselves as subjects after violent victimisation. We trace how participants navigate the heteronormative societal and legal norms that shape their subjectivity and the effects of the violence they experienced through the deeply gendered and political work that these terms do in their narratives. Our analysis thus highlights and reminds us to pay attention to the political stakes involved in fluid processes of categorising injury.

Information Security of Russia in the Digital Economy: The Economic and Legal Aspects

2018 ◽  
Vol 9 (1) ◽  
pp. 89 ◽  
Author(s):  
Evgeniya Evgenevna FROLOVA ◽  
Tatyana Anatolevna POLYAKOVA ◽  
Mihail Nikolaevich DUDIN ◽  
Ekaterina Petrovna RUSAKOVA ◽  
Petr Aleksandrovich KUCHERENKO
Keyword(s):  
Information Security ◽  
Security Policy ◽  
System Analysis ◽  
Legal Aspects ◽  
Power Structures ◽  
Dialectical Logic ◽  
Systematic Analysis ◽  
Legal Norms ◽  
Guidance Documents ◽  
Legal Contexts

Contemporary realities dictate that technologization, digitalization (transition of the economy and the social sector to digital technologies of functioning and interaction) and the national intellectual capital are the basic competitive advantages of the country that require proper information security. An information security system is a set of corporate rules, standards of work and procedures for ensuring information security formed based on the audit of the company's information system, and the analysis of existing security risks in accordance with requirements of the regulatory documents of the Russian Federation and the provisions of the standards in the field of information security. It is especially important for Russian companies actively interacting with foreign partners. In addressing the problem of information security, the development of the company's unified information security policy occupies a leading place; therefore, this article will be devoted to consideration of these issues. The authors of the present study proceed from the objective-subjective predetermination of any phenomena and processes of the external world. In this format, the study is based on general scientific methods: systematic analysis and generalization of normative and practical materials; formal and dialectical logic: analysis, synthesis, induction, deduction, hypotheses, analogies; and special methods of legal research: comparative-legal and historical-legal, system analysis and interpretation of legal norms. Based on the analysis, the following conclusions have been made: currently, the most important direction of the national economy development is the protection of vital human and social interests, the key element of which is information security. This study represents the development of a scientific overview of the modern ways to ensure information security in both applied and legal contexts. This article underlines and examines the problems and economic legal features of ensuring information security in Russia. These materials can be used both in preparation of other scientific research and in the development of guidance documents by the power structures.

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