International Law and Market Coordination

2017 ◽  
Author(s):  
Robert Schütze
Keyword(s):  
International Economic ◽  
International Law ◽  
Economies Of Scale ◽  
Economic Cooperation ◽  
Division Of Labour ◽  
State Sovereignty ◽  
Economic Activities ◽  
The Right ◽  
National Economies ◽  
Opening Up

What are the legal instruments regulating international trade? This chapter answers this question in two steps. Section I explores the classic international law model that accommodated the (sovereign) ‘mercantilist’ State. This State was based on the assumption that the national government had the right to regulate all international economic activities in the interest of the national good. Under classic international law, States were thus sovereignly free to become a ‘closed commercial State’. Yet this idea of economic coexistence was gradually replaced by a spirit of economic cooperation in the twentieth century. Section II explores the origins and present structures of the modern international law of economic cooperation. This modern model, while still nominally based on the idea of State sovereignty under international law, nonetheless accepts that national economies mutually benefit from ‘opening up’ by means of a better division of labour and the economies of scale engendered.

Decolonization in International Law

2019 ◽  
Author(s):  
Mai Taha
Keyword(s):  
International Economic ◽  
International Law ◽  
Third World ◽  
International Economic Order ◽  
Self Determination ◽  
Economic Order ◽  
General Assembly ◽  
The People ◽  
The Right ◽  
The Third World

In Gillo Pontecorvo’s evocative film The Battle of Algiers (1966), viewers reach the conclusion that the fight against colonialism would not be fought at the UN General Assembly. Decolonization would take place through the organized resistance of colonized people. Still, the 1945 United Nations Charter and the 1948 Universal Declaration of Human Rights provided some legal basis, albeit tenuous, for self-determination. When Third World leaders assembled in the 1955 Bandung Conference, it became clear that the UN needed to shift gears on the question of decolonization. By 1960, and through a show of Asian and African votes at the General Assembly, the Declaration for the Granting of Independence to Colonial Countries and Peoples was adopted, effectively outlawing colonialism and affirming the right of all peoples to self-determination. Afro-Asian solidarity took a different form in the 1966 Tricontinental Conference in Havana, which founded the Organization of Solidarity with the People of Asia, Africa and Latin America. The conference gathered leftist activists and leaders from across the Third World, who would later inspire radical movements and scholarship on decolonization and anticolonial socialism. This would also influence the adoption of the 1974 Declaration on the Establishment of a New International Economic Order and later lead to UNESCO’s series that starts with Mohammed Bedjaoui’s famous overture, Towards a New International Economic Order (1979; cited as Bedjaoui 1979 under the Decolonization “Moment”). This article situates this history within important international-law scholarship on decolonization. First, it introduces different approaches to decolonization and international law; namely, postcolonial, Marxist, feminist, and Indigenous approaches. Second, it highlights seminal texts on international law and the colonial encounter. Third, it focuses on scholarship that captures the spirit of the “decolonization moment” as a political and temporal rupture, but also as a continuity, addressing, fourth, decolonization and neocolonial practices. Finally, this article ends with some of the most important works on international law and settler colonialism in the 21st century.

The Existing Cause of Biafra and its Right to Self-determination

2020 ◽  
pp. 1-19
Author(s):  
Yinka Olomojobi
Keyword(s):  
International Law ◽  
Regional Differences ◽  
The State ◽  
Self Determination ◽  
State Sovereignty ◽  
The South ◽  
Sovereign State ◽  
Independent States ◽  
The Right

Abstract There has been recent agitation for self-determination in the south-east of Nigeria for the state known as Biafra (a pro-secessionist group). The principle of self-determination is a well-debated discourse since it connects with the right to secede and create a sovereign state. Like a marriage at gunpoint, a reluctant partner will always want a way out of the marriage, and will take a hike at the first opportunity. Given this political inheritance, Nigeria has fallen prey to several attempts to undermine state sovereignty originating in ethnic and regional differences. The controversy has concerned both the principle’s status in international law and its charter. This principle has played a prominent part in the emergence of former colonies as independent states. The aim of this article is to explore the ongoing agitation for a Biafran Republic and to assess whether it is in conformity with the right to self-determination.

Human Rights as a Common Concern

2001 ◽  
Vol 95 (2) ◽  
pp. 269-282 ◽  
Author(s):  
Charles R. Beitz
Keyword(s):  
International Economic ◽  
Human Rights ◽  
International Law ◽  
Political Institutions ◽  
Domestic Institutions ◽  
Democratic Institutions ◽  
Common Concern ◽  
The Right ◽  
Distinctive Role

The doctrine of human rights has come to play a distinctive role in international life. This is primarily the role of a moral touchstone-a standard of assessment and criticism for domestic institutions, a standard of aspiration for their reform, and increasingly a standard of evaluation for the policies and practices of international economic and political institutions. International practice has followed the controlling documents of international law in taking a broad view of the scope of human rights. Many political theorists argue, however, that this view is excessively broad and that genuine human rights, if they are to be regarded as a truly common concern of world society, must be construed more narrowly. I argue against that perspective and in favor of the view implicit in contemporary international practice, using the right to democratic institutions as an example.

User Charges in International Aviation

1979 ◽  
Vol 73 (1) ◽  
pp. 42-59
Author(s):  
L. Welch Vogue ◽  
Calvin Davison
Keyword(s):  
International Economic ◽  
International Law ◽  
Economic Cooperation ◽  
Rapid Rise ◽  
User Charges ◽  
International Economic Cooperation ◽  
Air Carriers

The charges that air carriers pay for the use of airports and airways to provide international air service have become a source of recurrent and heated controversy between governments. This controversy largely stems from the rapid rise in user charges over the last decade, but it has been fed by the lack of uniformity practiced by some countries in levying these charges. Thus, the relatively specialized issue of user charges involves some important general concerns of international law, such as international economic cooperation (in the matter of arriving at general agreement on what constitutes reasonable charges), discrimination, and most-favorednation treatment.

THE DESOVEREIGNIZATION OF THE STATE: DEVIATION FROM THE PRINCIPLES OF INTERNATIONAL LAW OR AN OBJECTIVE NECESSITY

2018 ◽  
pp. 68-77
Author(s):  
Aleksey Vladimirovich Kondratyev ◽  
Svetlana Viktorovna Vorobyeva
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
The State ◽  
State Sovereignty ◽  
Limiting State ◽  
National Interests ◽  
The Rule Of Law ◽  
Economic Support ◽  
The Right ◽  
Stable Development

We examine processes of desovereignization and the loss of a state political subjectivity. Noted the necessity of research and analysis of state sovereignty in the context of globalization and threats to international peace, which affect the degree of independence of the state and require the search for legal and political levers to protect the monolithic right of the state to independence, inviolability and non-interference in internal affairs. Has been made an attempt to search for detect and establish acceptable grounds for limiting state sovereignty. It is established that the voluntary restriction of sovereignty with the transfer of powers to supranational entities has constructive consequences in the form of good-neighborly cooperation, financial and economic support of states from international financial institutions, etc. In cases where, in order to establish the rule of law, protect human rights and freedoms and under other good intentions, the policy of the state is interfered with by both the organs of the international community and individual states that have endowed themselves with the right of “international arbiter”, fears for the stable development of national states increase. It is concluded that any limitation of sovereignty should not lead to interference in the national interests of the state and to the loss of political and legal independence.

Adapting International Law to the Development of the Third World

1982 ◽  
Vol 26 (1) ◽  
pp. 12-20 ◽  
Author(s):  
Maurice Flory
Keyword(s):  
International Economic ◽  
Economic Development ◽  
International Law ◽  
Third World ◽  
Technical Assistance ◽  
Developed Countries ◽  
Economic Activities ◽  
Developed Country ◽  
Daily Work ◽  
The Third World

What is the connection between international law and economic development? The answer will very likely be different according to whether the question is asked in a developed country or in one of the 120 less-developed countries. Consequently the answer can only be found in international law itself.Criticism has been levelled against the International Law Commission on the ground that its work only deals with the traditional topics which constitute the core of international law. Such criticism implies that the Commission has failed to perceive the need for developing international law adequately to encompass new areas.Of course this assertion could be disputed. However, the General Secretary of the United Nations, in a Survey of International Law published in April, 1971, clearly points to a number of newly emerging areas of concern, including the law relating to economic development which comprises the following headings:1. international legal rules and measures concerning regulation and coordination of the economic activities of states;2. international trade;3. economic and technical assistance.In order to assess the full implication of this question, it should be appreciated that the activities of the U.N. and of a growing number of international economic institutions are now devoted increasingly to development. The numerous relevant publications issued especially, but not only, by Third World lawyers show how this matter is becoming of fundamental importance. Indeed, there can be little doubt that Foreign Office legal advisers would readily admit that much of their daily work involves questions of international economic law. Nevertheless, if one looks at the role allocated to this subject by what may loosely be called the established international law, one must recognise that this is, indeed, a very modest role.

scholarly journals The Failure of New International Economic Order: a Lesson Learned

Yuridika ◽  
2021 ◽  
Vol 36 (1) ◽  
pp. 141
Author(s):  
M. Ya'kub Aiyub Kadir
Keyword(s):  
International Economic ◽  
International Law ◽  
International Economic Order ◽  
Economic Justice ◽  
Economic Order ◽  
Economic Competition ◽  
Right To Development ◽  
The World ◽  
World Economic ◽  
The Right

The establishment of the New International Economic Order (NIEO) has been underpinning the development of international law. The shortcomings of this struggle should be seen as a lesson-learn to step forward in the future. It is also essential to harmonise the economic justice relationship among all countries in the world regardless the developed or the developing countries. The sustainable struggle in the world economic sphere will appear as a shout from the perceived disadvantaged countries from an economic competition in the world.  The establishment of the right to development that have been adopted in international law is a part of journey of TW struggled in international relation. The paper is simultaneously based on the perception of understanding of principles of  NIEO coupled with scepticisms toward this principles and auto criticism of that scepticism in order to be a proposal as a source of international law in future

scholarly journals International law and the role of APEC in the gobernance of economic coorperation within the Asia Pacific region

2008 ◽  
Vol 13 (24) ◽  
pp. 47-58
Author(s):  
Paul J. Davidson ◽  
Keyword(s):  
International Law ◽  
Free Trade Area ◽  
Governance Structure ◽  
Economic Cooperation ◽  
Legal Framework ◽  
Asia Pacific ◽  
Open Approach ◽  
Economic Activities ◽  
Trade Area

The cumbersome administrative process of trading in the Asia Pacifi c region has lead to propose the creation of a Free Trade Area of the Asia Pacifi c Region (FTAAP), as part of the governance structure. In this respect, the Asia Pacifi c Economic Cooperation (APEC) would play a major role regarding the setting of guidelines for economic cooperation and a free and open approach to investments. It is also provided that APEC’s legal framework may be applied to the economic activities which have not been regulated by other international agreements, offering advantages as adapting to the real conditions of each state and the standardization of the already existing regulations. However, this non-binding framework, (soft law), does not foreclose, but complements the OMC’s binding legal framework (hard law).

scholarly journals STATE SOVEREIGNTY AND SELF-DEFENCE IN CYBERSPACE

2018 ◽  
Vol 5 (4) ◽  
pp. 139-154 ◽  
Author(s):  
Pallavi Khanna
Keyword(s):  
International Law ◽  
Large Scale ◽  
Cyber Attacks ◽  
State Sovereignty ◽  
Daily Lives ◽  
Territorial Jurisdiction ◽  
Nation States ◽  
The Status ◽  
The Right ◽  
Self Defence

Given the increasing role and use of cyberspace in our daily lives, it is important to consider the large-scale dynamics of the cyber forum. Shifting the focus from individuals to nation states as participants that engage in activities in cyberspace raises doubts over the status of nations in this domain. Do they continue to remain sovereign entities on such a platform? Do they have the right to defend themselves against attacks from other nations? These questions have been subject to a lot of debate in the context of international law. The aim of this paper is to study the implications of the principle of state sovereignty and selfdefence in cyberspace. The paper focuses on two prime considerations of sovereignty and self-defence in the context of cyberspace and its link to international law. Thus the scope is limited to concepts such as territorial jurisdiction, sovereignty, attribution and selfdefence. While doing so, the researcher seeks to answer questions such as, Is international law applicable to cyberspace? Can cyberspace be called a sovereign domain? Do principles of territorial jurisdiction apply to cyberspace? How does the attribution mechanism work in cyberspace? Under what circumstances are states permitted to exercise the right of self-defence against cyber attacks? and What are the deficiencies in international law governing cyberspace?

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