Introduction

2018 ◽  
Author(s):  
Irini Papanicolopulu
Keyword(s):  
International Law ◽  
Media Coverage ◽  
New Approach ◽  
Legal Norms ◽  
Judicial Decisions ◽  
Working Definition ◽  
Definition Of ◽  
Key Terms

This chapter states the aim of the book, clarifies some key terms and presents the structure of the book. The aim of the book is to discuss how international law can be effectively used to protect people at sea. Interest in these people has been triggered by media coverage of stories about pirates and migrants at sea, but also by the unprecedented number of international judicial decisions that affect them. The meaningfulness of ‘people at sea’ as the focus of the work is argued. The chapter then presents the need for a new approach towards their protection by legal norms, based on a systemic reading of international law and the ensuing reconstruction of a dedicated special regime. After providing a working definition of the term ‘regime’, the chapter ends with a presentation of the structure of the book.

Normative propositions of the International Tribunal for the Law of the Sea

2021 ◽  
Vol 11 (3) ◽  
pp. 3-18
Author(s):  
Roman Kolodkin
Keyword(s):  
International Law ◽  
Legal Reasoning ◽  
Law Of The Sea ◽  
International Tribunal ◽  
Legal Norms ◽  
Judicial Decisions ◽  
The Law ◽  
Obiter Dictum ◽  
International Law Commission ◽  
Advisory Opinions

Normative propositions of the international courts, including these of the International Tribunal for the Law of the Sea, are considered in the paper as provisions in the judicial decisions and advisory opinions, spelling out, formulating or describing international law norms, prescriptions, prohibitions or authorizations, which are applicable, in the court’s view, in the case at hand and the similar cases. Such a proposition is considered to be a description of a legal norm, its spelling out by a court, but not a norm or its source. In contrast with legal norms, judicial normative propositions are descriptive, not prescriptive; they may be true or wrong. Normative propositions are not transformed into norms solely by their repetition in judicial decisions. The author considers not only ITLOS decisions but also the Tribunal’s and its Seabed disputes chamber advisory opinions containing normative propositions to be subsidiary means for the determination of the rules of law under article 38(1(d)) of the International Court of Justice Statute. The legal reasoning of the Tribunal’s decision, not its operative provisions, usually features normative propositions. While strictly speaking, the decision addresses the parties of the dispute, normative propositions in the reasoning are in fact enacted by the Tribunal urbi et orbi aiming at all relevant actors, ITLOS including. They bear upon substantive and procedural issues, rights and obligations of relevant actors; they may also define legal notions. The Tribunal provides them as part of its reasoning or as obiter dictum. It is those provisions of the Tribunal’s decisions that are of particular importance for international law through detailing treaty- and verbalizing customary rules. However, the States that have the final and decisive say confirming or non-confirming the content and binding nature of the rules spelt out or described by the Tribunal in its normative propositions. Meanwhile, States are not in a hurry to publicly react to the judicial normative propositions, particularly to those of ITLOS, though they refer to them in pleadings or when commenting on the International Law Commission drafts. At times, States concerned argue that international judicial decisions are not binding for third parties. While the States are predominantly silent, ITLOS reiterates, develops and consolidates normative propositions, and they begin to be perceived as law. The paper also points to the possibility of the Tribunal’s normative propositions being not correct and to the role of the judges’ dissenting and separate opinions in identifying such propositions.

Part II Predominant Security Challenges and International Law, National and Transnational Security, Ch.10 International Law and State Failure

2021 ◽  
Author(s):  
McLaughlin Rob
Keyword(s):  
International Law ◽  
International Community ◽  
State Failure ◽  
Minimum Level ◽  
Security Framework ◽  
Global Security ◽  
Working Definition ◽  
Security Challenges ◽  
Definition Of

This chapter examines the concept of State failure from the perspective of international law as it concerns the facilitation, regulation, and occasionally the degradation of global security. International law, in this context, is primarily conceptualized as an enabler for security-informed responses to the phenomenon of State failure. International law approaches State failure from the perspective of restorative legal and institutional facilitation, with a structural predilection for a State-centric security framework. This has resulted in the nexus between ‘State failure’ and international law being dominated by two interlinked purposes: (1) promoting the normative continuity of ‘Stateness’ for failed entities; and (2) managing the transition back to a minimum level of stable ‘Stateness’ with the least harm to the population and the international community. Ultimately, international law’s approach to State failure is primarily one of remedy, not of acceptance. The chapter seeks to evolve a working definition of ‘State failure’ from an international law perspective and assesses the adequacy of selected modes and indicators by which international law may recognize State failure.

2. Sources of international law

2021 ◽  
pp. 17-32
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis
Keyword(s):  
General Practice ◽  
International Law ◽  
The Other ◽  
Legal Norms ◽  
Judicial Decisions ◽  
International Theory ◽  
Subjective Element ◽  
General Principles Of Law

This chapter examines the sources of international law, ie the norms of international law that give validity to all the other international legal norms. These are enumerated in Art 38 ICJ Statute. Although quite dated, this Article is still considered as enunciating an authoritative list of the sources of international law. These are treaties; custom; general principles of law recognized by States; judicial decisions; and international theory as subsidiary sources. Particular emphasis is placed on custom, consisting of an objective element, the general practice of States, and a subjective element, the opinio juris, ie consisting of a legal conviction. There is no hierarchy between the sources of international law and both treaties and custom may exist alongside each other.

What Are Virtual Manipulatives?

2002 ◽  
Vol 8 (6) ◽  
pp. 372-377
Author(s):  
Patricia S. Moyer ◽  
Johnna J. Bolyard ◽  
Mark A. Spikell
Keyword(s):  
Teaching And Learning ◽  
Virtual Manipulatives ◽  
The Internet ◽  
New Approach ◽  
New Class ◽  
Working Definition ◽  
Teaching And Learning Mathematics ◽  
Learning Mathematics ◽  
Definition Of ◽  
Classroom Use

As a result of innovations in technology, the prevalence of the Internet, and the increasing availability of computers in classrooms and homes, an enhanced approach for teaching and learning mathematics using manipulatives and computers is emerging. This new approach essentially creates a new class of manipulatives, called virtual manipulatives, as well as new capabilities, or toolkits, for computer programs that use visual representations. These new virtual manipulatives have all the useful properties of existing computer manipulatives while overcoming many of their disadvantages, yet very little is known or written about them. The purpose of this article is to establish a working definition of virtual manipulatives, highlight examples of virtual manipulatives on the Internet, and discuss their current and potential classroom use.

scholarly journals Doctrinal approaches to the definition of civil procedural law

2021 ◽  
pp. 82-90
Author(s):  
Olena Shtefan
Keyword(s):  
Public Relations ◽  
International Law ◽  
The State ◽  
Legal Norms ◽  
Civil Process ◽  
Procedural Law ◽  
Civil Proceedings ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of

Keywords: civil procedural law, civil process, civil proceedings, subject of civil procedurallaw The process of reforming procedural legislation, its harmonization, harmonization with theprinciples and standards of international law, as well as other processes taking place insociety and the state are the factors that affect the need to revise the doctrinal definitions of civil procedural law. One of the most developed issues in the theory of civil procedurallaw is its definition. In turn, the development of science is impossible without reviewingeven established doctrinal approaches and provisions.An analysis of the special literature, mostly educational, led to the conclusion thatscholars use approaches to the definition of the term "civil procedural law", which weredeveloped and included in the theory of civil procedural law in the 50s-60s of the twentiethcentury. Modern definitions of civil procedural law are based on the provisions of theold invalid legislation, or on the provisions of the legislation of other countries (for example,the Russian Federation). Therefore, the purpose of this study was to review the existingdefinitions in the theory of civil procedural law and their harmonization with theprovisions of current legislation of Ukraine.In the process of researching doctrinal approaches to the definition of civil procedurallaw, it was found that researchers invest in the definition of the subject, purpose of thisbranch of law, as well as additional characteristics of civil procedural law (participants,sectoral affiliation, stage, etc.).The lack of a single doctrinal approach to the definition of the subject of civil procedurallaw, which is part of the definition of civil procedural law, prompted to study thesubject of civil procedural law and propose its author's definition.Based on the provisions of current legislation, the article presents the author's definitionof civil procedural law as a branch of law, set and system of legal norms, the subjectof which are public relations arising in civil proceedings on the basis of fair, impartialand timely consideration and resolution of civil cases in order to effectively protect violated,unrecognized or disputed rights, freedoms or interests of individuals, rights and interestsof legal entities, the interests of the state.

scholarly journals PRINCIPLES OF INTERNATIONAL LAW AND THEIR ROLE IN CONFLICT RESOLUTION IN KOSOVO AND CRIMEA. Part 2

2019 ◽  
Keyword(s):  
International Law ◽  
International Community ◽  
Self Determination ◽  
Local Authorities ◽  
Territorial Integrity ◽  
Legal Norms ◽  
Conflict Situations ◽  
History Of ◽  
Definition Of ◽  
The Right

The second part of the article considers the issue of the contradiction of the realization of the right to self-determination and the principle of territorial integrity of Serbia and Ukraine on the example of Kosovo and Crimea. It presents an analysis of the legitimacy of the will expression of Kosovars and Crimeans and its compliance with the norms of international law. The preconditions and factors of the ethnopolitical conflict are examined and the main problematic issues that caused controversies between the central and local authorities in Kosovo and Crimea are identified. The article emphasizes that the result of the plebiscites in Kosovo (1998) and Crimea (2014) was the declaration of independence, denied by central authorities of Serbia and Ukraine and met with mixed reactions by the international community. The self-proclaimed republics have only external features of statehood and are subject to external administration of other countries. A latent opposition of geopolitical opponents in the international arena is noted, which is to some extent traced through the position on the recognition / non-recognition of Kosovo and Crimea. The article draws attention to the fact that inconsistent interpretations of certain principles of international law promote secession movements in countries where conflicts periodically arise between central and local authorities. The emphasis is placed on the necessity of a clearer definition of the aforementioned international legal norms and obligations undertaken by subjects of international law. The article holds that in order to avoid such situations as in Kosovo or Crimea, to eliminate conflicts related to the possibility of an ambiguous interpretation and application of the principles of international law, an internationally recognized system of more stringent and comprehensive measures should be introduced to cease and prevent threats to the territorial integrity of countries. A strong position of the international community on the abovementioned principles with the history of the liberation movements of these peoples taken into account should become the measure precluding the aggravation of conflict situations related to the aspiration of peoples for self-determination.

Irresolvable Norm Conflicts in International Law

2017 ◽  
Author(s):  
Valentin Jeutner
Keyword(s):  
International Law ◽  
Practical Investigations ◽  
Legal Scholarship ◽  
Limited Ability ◽  
Legal Norms ◽  
The Third ◽  
Decision Making Processes ◽  
Legal Actor ◽  
Definition Of ◽  
Law Making

Conventionally, international legal scholarship concerned with norm conflicts focusses on identifying how international law can or should resolve them. This book adopts a different approach. It focusses on identifying those norm conflicts that law cannot and should not resolve. The book offers an unprecedented, controversial, yet sophisticated, argument in favour of construing such irresolvable conflicts as legal dilemmas. Legal dilemmas exist when a legal actor confronts a conflict between at least two legal norms that cannot be avoided or resolved. Addressing both academics and practitioners, the book aims to identify the character and consequences of legal dilemmas, to distil their legal function within the sphere of international law, and to engender and contribute to serious theoretical and practical investigations into the conditions that lead to a legal dilemma. The argument unfolds in three parts. The first part proposes a definition of legal dilemmas and distinguishes the term from numerous related concepts. Based on this definition, the second part scrutinises international law’s contemporary norm conflict resolution and accommodation devices in order to identify their limited ability to resolve certain kinds of norm conflicts satisfactorily. Against the background of the limits identified in the second part, the third part outlines and evaluates the book’s proposed method of dealing with legal dilemmas. In contrast to conventional approaches that recommend dealing with irresolvable norm conflicts by means of non liquet declarations, judicial law-making or balancing test, the book’s proposal envisions that irresolvable norm conflicts are dealt with by judicial and sovereign actors in a complementary fashion. According to the proposal, judicial actors should openly acknowledge irresolvable conflicts and sovereign actors should decide with which norm they will comply. Subsequently, judicial actors should hold the sovereign actor responsible for the violation of any prescriptive norm the sovereign chose to impair. The book concludes with the argument that analysing various aspects of international law through the lenses of the concept of a legal dilemma enhances international law’s conceptual accuracy, facilitates more legitimate decision-making processes and maintains international law’s dynamic responsiveness.

Transnational Constitutional Law

2021 ◽  
pp. 134-156
Author(s):  
Chris Thornhill
Keyword(s):  
International Law ◽  
Constitutional Law ◽  
Political System ◽  
Legal Order ◽  
Global Society ◽  
Relative Autonomy ◽  
Legal Norms ◽  
Nation States ◽  
Political Perspective ◽  
Definition Of

This chapter presents an account of the constitutional law of transnational society from a distinctively political perspective. It uses a neoclassical definition of the constitution as the legal norms that frame the actions of a political system to examine and construct constitutional functions that reach beyond the legal systems of nation-states. It advances the thesis that the concept of transnational constitutional law can be applied to three separate legal-political domains in contemporary global society. This concept can be used to analyze constitutional aspects of international law, and it can be applied to national constitutional law, both of which have a strong transnational dimension and are supported by normative elements that are formed through transnational processes. This concept can also be applied to characterize and examine an emergent, conclusively transnational legal order, in which legal formation occurs in more spontaneous and contingent fashion. In each domain, constitutional norms produce an underlying inclusionary structure for distinct political functions in society, and transnational constitutional law is defined, most essentially, by its ability to support the relative autonomy of political exchanges and political interactions.

The definition of traditional sanctions: their scope and characteristics

2008 ◽  
Vol 90 (870) ◽  
pp. 249-257
Author(s):  
Emmanuel Decaux
Keyword(s):  
International Law ◽  
Case Law ◽  
Main Task ◽  
Humanitarian Law ◽  
Private Companies ◽  
New Approach ◽  
Criminal Sanctions ◽  
Definition Of ◽  
International Law Commission

AbstractFor more than 30 years the codification of state responsibility has been the main task of the International Law Commission, which has placed greater emphasis on financial reparations than on criminal sanctions. Since the 1990s, however, the responsibility of individuals for gross violations of humanitarian law has been one of the main topics in international law. This new approach implies discrepancies between domestic practice and international case law in terms of the nature and scale of sanctions, the role of victims and also the accountability of non-state entities, including private companies and international organizations.

scholarly journals Use of Social Norms in the Production of Legal Norms : A Genealogical and Critical Approach to Nudges

2018 ◽  
Vol 59 (1) ◽  
pp. 117-142
Author(s):  
Anne Brunon-Ernst
Keyword(s):  
Social Norms ◽  
Social Norm ◽  
Legal Norm ◽  
Critical Approach ◽  
Legal Norms ◽  
Legal Context ◽  
The Social ◽  
Definition Of ◽  
The Uk ◽  
Key Terms

The text looks into the conditions justifying the use of a social norm as the basis for establishing a legally binding rule. It starts with the definition of some key-terms (nudges, behavioural insights, social norms) before describing initiatives led by the UK Nudge Unit and other behaviourally-informed policies, such as default options, used in a legal context. This helps to highlight the type of problems related to the incorporation of social norms in legal norms, especially the importance of deviance to the social norm. Jeremy Bentham’s and Michel Foucault’s writings can be used to solve the problems raised. A framework can be devised to explain when a social norm can legitimately be incorporated in a legal norm. Indeed, beyond statistical evidence which identifies recurring patterns of behaviour, only a meta-norm can justify the choice of a legal norm. It is the efficacy of the norm which appears as a legitimising factor as it allows the promotion either of the productive forces in society (according to Foucault) or of utilitarian principles (according to Bentham). However, it seems that this meta-norm can be legitimately imposed only if it emanates from a strict deliberative discipline and is publicised. The article thus concludes that deliberation and publicity are the two means allowing to check that the legal norm complies with the meta-norm, thus legitimising the use of a social norm as a legally binding rule.

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