International Law and Religion

This book maps out the territory of ‘international law and religion’ challenging receiving traditions in fundamental aspects. On the one hand, the connection of international law and religion has been little explored. On the other, most of current research on international legal thought presents international law as the very victory of secularization. In other words, international law would be the final product of a rationalist and humanist tradition that has become globally ‘adult’. By questioning that narrative of secularization this book places itself in almost uncharted territory. The book consists of a Preliminary Study, written by Martti Koskenniemi, and eighteen chapters arranged in four thematic sections. From the Middle Ages’ early conceptualizations of rights and law to contemporary political theory, the chapters bring to life debates concerning the interaction of the meaning of the legal and the sacred. The contributors approach their chapters from an array of different backgrounds and perspectives but with the common objective of investigating the mutually shaping relationship of religion and law. The collaborative endeavour that this volume offers makes available substantial knowledge on the question of international law and religion and provides referential points that would help in future research in the topic.

Author(s):  
Henning Grosse Ruse-Khan

This chapter looks at how rule-relations within the international intellectual property (IP) system have developed from continuity (in constantly raising minimum standards) to resilience (against certain forms of increasing protection). It considers the evolution of the international IP system from the nineteenth century onwards, examining how each succeeding changes and additions to the system had established a relationship of continuity which integrates existing standards and adds new ones. The chapter then turns to the emergence of another revolutionary change. The integral nature of the common goals established in TRIPS’ object and purpose creates a form of ‘resilience’ of the multilateral system over attempts for inter-se modifications. Moreover, international law has appropriate tools so that those charged with applying, implementing, and interpreting multilateral IP norms can give effect to this resilience both in relations of interpretation and relations of conflict.


Elenchos ◽  
2020 ◽  
Vol 41 (1) ◽  
pp. 181-194
Author(s):  
Angela Longo

AbstractThe following work features elements to ponder and an in-depth explanation taken on the Anca Vasiliu’s study about the possibilities and ways of thinking of God by a rational entity, such as the human being. This is an ever relevant topic that, however, takes place in relation to Platonic authors and texts, especially in Late Antiquity. The common thread is that the human being is a God’s creature who resembles him and who is image of. Nevertheless, this also applies within the Christian Trinity according to which, not without problems, the Son is the image of the Father. Lastly, also the relationship of the Spirit with the Father and the Son, always within the Trinity, can be considered as a relationship of similarity, but again not without critical issues between the similarity of attributes, on the one hand, and the identity of nature, on the other.


Author(s):  
Marina Okladnaya ◽  
Olena Hurenko

Problem setting. Islamic international law is a set of Islamic norms and customs that govern the relationship of Muslim States and Muslims with non-Muslim States, as well as with Muslim individuals within and outside the world of Islam. Islam has come a long and difficult way from the emergence of religion in modern ideology. It is considered one of the leading religions of the world and has a significant influence on a large number of people and states, so it is advisable to study one of the outstanding stages of the formation of the Islamic system in the field of international law, namely the Middle Ages and find out its connection with modernity. Analysis of recent researches and publications. The Islamic science of international law is in the process of development, during which its representatives try to combine the traditional values of Islam with the basic principles of modern international law. Among the scientists who made a significant contribution to the study of the Islamic concept of international law, its historical development and the modern situation, one can distinguish such as A. Butkevich, L. Sukiyainen, Al-Shaybani, Muhammad ibn al-Hasan, V. Knapp, M. Sana, Sardar Ali S., Hilmli M. Zavati, A. Merezhko, B. Feldman and others. Target of research. Study of the Islamic concept of international law, analysis and comparison of content, significance of Islamic international law in the Middle Ages and modern times. Article’s main body. The article is devoted to the main stages of the formation of one of the most important systems of international law – Islamic, which is a collection of unique traditional values, legal norms and customs of Islam. The stages of development in the Middle Ages and the connection with modernity were investigated, the main features in the Middle Ages were determined. Conclusions and prospects for the development. Islamic international law is a set of Islamic norms and customs that govern the relationship of Muslim States and Muslims with non-Muslim States, as well as with Muslim individuals within and outside the world of Islam. Islam has come a long and difficult way from the emergence of religion in modern ideology. It is considered one of the leading religions of the world and has a significant influence on a large number of people and states, so it is advisable to study one of the outstanding stages of the formation of the Islamic system in the field of international law, namely the Middle Ages and find out its connection with modernity.


Author(s):  
François Provenzano

The so called French-speaking world is much more than a community of speakers using the same language. Since the era of decolonization, language has become a major economical stake for France, as well as an important symbolic struggle against Anglo-Saxon linguistic and political hegemony. In the academic context also, the developments of Francophone studies demonstrate a current preoccupation with integrating francophone reality into the common encyclopaedia. This paper steps back from such contemporary debates. Analysing the historical and epistemological backgrounds from which francophone projects have been emerging since the end of the nineteenth century, the paper discusses a number of useful concepts for approaching francophone realities. I argue that the main difficulty of the theoretical work in this field is the diversity of definitions of the object, as well as the inability to separate it from ideological content. Starting with the so called first occurrence of the word ‘francophonie’, I examine the institutional, sociolinguistic, poetical and socioliterary definitions that have attempted to explain the constitutive dimensions of an abstract francophone unity. Taking a metacritical point of view, and inspired by Pierre Bourdieu’s sociological works on the one hand and discursive approaches on the other, this article hopes to present pointers for future research into the study of French-speaking zones, peoples and cultures.


2019 ◽  
Vol 2 (1) ◽  
pp. 21-33 ◽  
Author(s):  
Sunday Adeniyi Fasoro

AbstractThe trend toward the concept of humanity in political theory has arisen largely as a reaction against the mistreatment of vulnerable people such as immigrants. The issue of immigrants’ vulnerability has led political thinkers to ponder on how to apply the principle of humanity to the question of the treatment of immigrants. I would like to address this matter by examining two questions: what is humanity, is it a value property, or a virtue? Does it really matter if the means by which an immigrant immigrates is demeaning to his own humanity as a person? The most common or intuitive reply to these questions would probably be: ‘humanity’ is simply a value-bestowing property, so regardless of immigrants’ actions they are owed respectful treatment. The aim of this paper is to emphasise instead that ‘humanity’ should be conceived as a virtue of actual commitment to act on moral principles. I explore three different meanings of humanity. First, I discuss ‘humanity’ as the common ownership of the earth. Second, I discuss ‘humanity’ as a value property. Third, I discuss humanity as a virtue of acting, on the one hand, with humanity, and on the other hand, on moral principles.


1925 ◽  
Vol 24 (1) ◽  
pp. 37-44 ◽  
Author(s):  
William G. Savage ◽  
P. Bruce White

Owing, in our opinion, to faulty classification and terminology of bacterial types, it is very common, especially on the Continent and, to a lesser extent, in U.S.A., to ascribe outbreaks of food poisoning to B. paratyphosus B, the common cause of paratyphoid fever. If such a conception is true, it is obvious that B. paratyphosus B can at one time cause paratyhpoid fever, at another an outbreak of food poisoning. Further, one would expect in outbreaks of either condition that some cases would be of the one clinical type while others would exhibit the other. In particular in outbreaks of paratyphoid fever in which the vehicle of infection was some form of food, it is to be anticipated, on this view, that a considerable proportion of the cases would be of acute food poisoning type.


2013 ◽  
Vol 62 (2) ◽  
pp. 463-483 ◽  
Author(s):  
Christopher Bisping

AbstractThis article analyses the relationship of the proposed Common European Sales Law (CESL) and the rules on mandatory and overriding provisions in private international law. The author argues that the CESL will not achieve its stated aim of taking precedence over these provisions of national law and therefore not lead to an increase in cross-border trade. It is pointed out how slight changes in drafting can overcome the collision with mandatory provisions. The clash with overriding mandatory provisions, the author argues, should be taken as an opportunity to rethink the definition of these provisions.


Retos ◽  
2020 ◽  
pp. 300-305
Author(s):  
Carlos Véliz Véliz ◽  
Fernando Maureira Cid ◽  
Marcela Jaurés Rodríguez

Entre las múltiples variables que condicionan el rendimiento en pruebas de natación resalta la fuerza explosiva y la potencia, ambos predictores confiables de la velocidad del nadador. El objetivo del presente estudio fue determinar la relación de la fuerza, potencia y variables antropométricas con el tiempo mínimo en nadadores jóvenes. La muestra estuvo constituida por 27 nadadores de Santiago de Chile, 14 de sexo masculino (51,9%) y 13 de sexo femenino (48,1%), con edades entre 13 y 21 años. Los datos de antropometría se obtuvieron con el protocolo ISAK, utilizando una balanza digital Tanita modelo HD 357 y el kit Rosscraft Centurion. Para medir la altura de salto se utilizó la plataforma de contacto DmJump®. La medición de fuerza a través del press banco, prensa horizontal y pull down se llevó a cabo con una repetición máxima. Finalmente, la medición de la fuerza de prensión manual se realizó con un dinamómetro digital baseline®. Los resultados muestran que los tiempos obtenidos en 50 metros de nado libre presentan relaciones inversas con cuatro variables antropométricas, con la altura del Abalakov Jump y con cuatro pruebas de fuerza. La prueba de 50, 100 y 200 metros estilo pecho solo se relacionan con la fuerza de prensión de la mano. La prueba de 200 metros combinado se relaciona con cinco variables antropométricas, con la altura de salto del CMJ y con las cinco pruebas de fuerza. Son necesarias nuevas investigaciones donde se evalué un mayor número de deportistas, con mayores rangos etarios y diversos tiempos y tipos de entrenamiento que puedan ayudar a entender de mejor forma la incidencia de estas variables sobre el rendimiento deportivo.Abstract. Explosive force and power stand out among the multiple variables that condition performance in swimming tests, both being reliable predictors of swimmers' speed. The aim of this study was to determine the relationship of force, power, and anthropometric variables with the shortest performance time in young swimmers. The sample consisted of 27 swimmers from Santiago de Chile, 14 male (51.9%) and 13 female (48.1%) with ages between 13 and 21 years old.The anthropometric data were obtained with the ISAK protocol, using a digital scale Tanita model HD 357 and the Rosscraft Centurion kit. To measure the jump height, the contact platform DmJump® was used. Force was measured through press bench, horizontal press, and pull down, using the one maximum repetition method.Finally, measurement of manual grip force was carried out with a digital dynamometer baseline®. The results show that the times obtained in 50 meters of free swimming have inverse relationships with four anthropometric variables, with the height of the Abalakov Jump and with four force tests.The 50, 100 and 200-meter breaststroke tests only correlate with hand grip force. The combined 200-meter test is associated with five anthropometric variables, jump height in CMJ, and the five force tests. In future research, a greater number of athletes should be evaluated, with higher age ranges and different training times and types, which could help better understand the influence of these variables on sports performance.    


2017 ◽  
Author(s):  
Philipp Rössner

More than England and other states the German principalities were, in the preindustrial period, hampered by silver outflow and persistent pressures on the balance of payments which led to idiosyncratic models and strategies of economic development usually but not entirely helpfully called “Cameralism”. It is less well understood how Cameralism as a policy of order and development and monetary theory went together. The present paper will attempt a sketch of these working mechanisms as well as provide a few angles for new perspectives and future research. A first section after the brief introduction studies general issues of development in relation to balance of payment constraints (II), followed by the discourses on whether the domestic currency ought to remain stable in terms of intrinsic (silver) value (III), or whether it may be debased so as to raise domestic exports and competitiveness (IV). Both options were considered, at times and by varying actors, as valid strategies of promoting economic development, especially export-led growth, although most contemporaries viewed coin debasement as harmful to the economy. A fifth section discusses an alternative to the aforementioned strategies, by raising effective monetary mass through increasing velocity. Since the middle ages and into the nineteenth century the German economic tradition had a clear understanding of how velocity could be managed and the common weal stimulated by an increase in “vivacity” of circulation (V). Upon hindsight it appears that we find here a powerful programme towards promoting economic development and Europe’s rise towards capitalism. A conclusion will offer some thoughts for further research (VI).


Author(s):  
Anna Stilz

Both just war theory and international law recognize the defence of one’s own state and its territory as the core example of just cause for war. Yet just war theorists have done little to explore what might give the state a territorial right of this kind. This chapter argues that a state has a right to territorial integrity when it meets three conditions: (1) its citizens have a right to occupy its territory, (2) its scheme of law is minimally just, and (3) the relationship of political cooperation that supports its institutions is reasonably and widely affirmed. This chapter then considers whether a state that satisfies these conditions may defend its territorial integrity with lethal force. This account does not support the common-sense conviction that defending one’s state against aggression is always morally permitted or even required. But it can establish a defensive privilege in a central range of cases.


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