La Démocratie Radicale dans les Discours Légaux Contemporains au Rojava au Cœur de la ‘Crise’ Syrienne

2019 ◽  
pp. 240-252
Author(s):  
Zeynep Kıvılcım
Keyword(s):  
International Law ◽  
Gender Equality ◽  
Social Contract ◽  
Legal Framework ◽  
Radical Democracy ◽  
The State ◽  
Self Determination ◽  
Administrative Structure ◽  
Gender Perspective ◽  
Public International Law

Narratives of the crisis in Syria seem unable to envisage a process for the construction of a space for radical democracy in Rojava (Syrian Kurdistan). The Constitution of Rojava, as well as the Women’s Law adopted in 2014, establish the legal framework for gender equality within every administrative structure. ‘Democratic confederalism’ for Rojava provides us with a novel conception of the internal legitimacy of the state which differs considerably from that adopted by public international law, the latter being rooted in liberal social contract theory. It is also difficult to adapt the international law theory of sovereignty to the radical democracy without a state in the case of Rojava. This chapter sets out a novel conception of the internal legitimacy of the state in the cantons of Rojava from a gender perspective. The aim is to provide a gendered analysis of the realization of the principle of self-determination and to interrogate the new modes of sovereignty offered by radical democracy.

Territorial Sovereignty

2019 ◽  
Author(s):  
Anna Stilz
Keyword(s):  
Natural Resources ◽  
International Law ◽  
International System ◽  
Core Values ◽  
The State ◽  
Self Determination ◽  
Territorial Sovereignty ◽  
Collective Self ◽  
Political Units ◽  
Territorial States

This book offers a qualified defense of a territorial states system. It argues that three core values—occupancy, basic justice, and collective self-determination—are served by an international system made up of self-governing, spatially defined political units. The defense is qualified because the book does not actually justify all of the sovereignty rights states currently claim and that are recognized in international law. Instead, the book proposes important changes to states’ sovereign prerogatives, particularly with respect to internal autonomy for political minorities, immigration, and natural resources. Part I of the book argues for a right of occupancy, holding that a legitimate function of the international system is to specify and protect people’s preinstitutional claims to specific geographical places. Part II turns to the question of how a state might acquire legitimate jurisdiction over a population of occupants. It argues that the state will have a right to rule a population and its territory if it satisfies conditions of basic justice and facilitates its people’s collective self-determination. Finally, Parts III and IV of this book argue that the exclusionary sovereignty rights to control over borders and natural resources that can plausibly be justified on the basis of the three core values are more limited than has traditionally been thought.

scholarly journals Crimean conflict – from the perspectives of Russia, Ukraine, and public international law

2015 ◽  
Vol 15 (2) ◽  
pp. 23-45
Author(s):  
Milena Ingelevič-Citak
Keyword(s):  
International Law ◽  
Legal Status ◽  
Self Determination ◽  
Historical Background ◽  
Public International Law ◽  
Russian Law ◽  
The Right ◽  
Crimean Crisis ◽  
Secessionist Movement

Abstract The article presents the Crimean conflict from Russian and Ukrainian standpoints, confronting them with international law analysis. It is worth to mention, that Crimean crisis is still extremely controversial, since both parties are justifying their actions with norms of international law. This article starts with brief introduction of historical background of the Crimean crisis. Second chapter assesses the Crimean secessionist movement claiming the right of self-determination, and its compliance with Ukrainian law. Third chapter examines Russia’s position and its actions on the basis of Russian law. Fourth chapter presents the international law analysis of events in Crimea and its current legal status. Results of the analysis are presented in a conclusion.

Taxation Measures under the Energy Charter Treaty after the Yukos Awards Articles 21(1) and 21(5) Revisited

2019 ◽  
Vol 34 (1) ◽  
pp. 85-106
Author(s):  
Sebastián Green Martínez
Keyword(s):  
International Law ◽  
The State ◽  
Foreign Investor ◽  
Sovereign Power ◽  
Bad Faith ◽  
Public International Law ◽  
Host State ◽  
General Revenue ◽  
Energy Charter Treaty ◽  
Bona Fide

Abstract As the number of investment arbitrations under the Energy Charter Treaty has soared in recent years, parties and arbitrators have faced arguments concerning its Article 21 on taxation measures, which had seldom been applied before. In 2014, the tribunal ruling on the Yukos trilogy held that even though Article 21 excludes taxation from the scope of the treaty, the carve-out could apply “only to bona fide taxation actions, i.e., actions that are motivated by the purpose of raising general revenue for the State”. Article 21 also provides that in cases regarding expropriation “[t]he Investor or the Contracting Party alleging expropriation shall refer the issue of whether the tax is an expropriation or whether the tax is discriminatory to the relevant Competent Tax Authority. Failing such referral by the Investor” in cases of investor-state arbitration, the tribunal “shall make a referral to the relevant Competent Tax Authorities”. The Yukos tribunal considered said referral to be a futile exercise when it is unequivocal that the host State acted in bad faith towards the foreign investor. As a consequence of the Yukos trilogy, the Energy Charter Secretariat has published a report on the issue that recommends potential amendments to clarify Article 21. A number of investor-state arbitral tribunals have also addressed these issues since the Yukos trilogy. Taking a public international law approach, this article critically explores awards and decisions rendered by those tribunals, paying particular attention to their findings on Article 21 vis-à-vis the sovereign power to tax. This article concludes that recent awards dealing with Article 21 arguments have struck an appropriate balance between the prerogatives of States and their obligations under the Energy Charter Treaty. Thus, the article affirms that no amendment seems necessary.

Book I Diplomacy in General, 4 The State: Its Concept as a Legal Person in International Law

2016 ◽  
Author(s):  
Fox Hazel
Keyword(s):  
International Law ◽  
International Community ◽  
The State ◽  
International Organization ◽  
Legal Person ◽  
International Affairs ◽  
Public International Law ◽  
Role Of The State

This chapter addresses the State as the prime actor in the conduct of diplomacy and examines the State’s status as a legal person as defined by international law. To understand the role of the State in international affairs, it is essential to appreciate that it is both a maker and a subject of international law. It has been and continues to be instrumental in the formation of public international law. The chapter thus presents four topics to explain the nature and scope of the powers and activities of the State in international affairs. These are: the qualifications for statehood, recognition of the State as a member of the international community, the State compared to an international organization as a legal person and other entities having lesser rights in international law, and sovereignty as an attribute of the State.

The principle of subsidiarity as a constitutional principle in international law

2013 ◽  
Vol 2 (1) ◽  
pp. 37-62 ◽  
Author(s):  
ANDREAS FOLLESDAL
Keyword(s):  
International Law ◽  
The State ◽  
Legal Order ◽  
State Sovereignty ◽  
Public International Law ◽  
Constitutional Principle ◽  
The Us ◽  
State Compliance ◽  
State Consent

AbstractThis paper explores subsidiarity as a constitutional principle in international law. Some authors have appealed to a principle of subsidiarity in order to defend the legitimacy of several striking features of international law, such as the centrality of state consent, the leeway in assessing state compliance and weak sanctions in its absence. The article presents such defences of state-centric aspects of international law by appeals to subsidiarity, and finds them wanting. Different interpretations of subsidiarity have strikingly different institutional implications regarding the objectives of the polity, the domain and role of subunits, and the allocation of authority to apply the principle of subsidiarity itself. Five different interpretations are explored, drawn from Althusius, the US federalists, Pope Leo XIII, and others. One upshot is that the principle of subsidiarity cannot provide normative legitimacy to the state-centric aspects of current international law on its own. It stands in need of substantial interpretation. The versions of subsidiarity that match current practices of public international law are questionable. Many crucial aspects of our legal order must be reconsidered – in particular the standing and scope of state sovereignty.

scholarly journals Transforming (Private) Rights through (Public) International Law: Readings on a ‘Strange and Painful Odyssey’ in the PCIJ Mavrommatis Case

2011 ◽  
Vol 24 (4) ◽  
pp. 873-897 ◽  
Author(s):  
MICHELLE BURGIS
Keyword(s):  
International Law ◽  
Legal Discourse ◽  
Self Determination ◽  
Public And Private ◽  
Public International Law ◽  
The Core ◽  
Private Rights ◽  
The Relationship ◽  
Historical Consideration

AbstractStraddling both the centres of (European) power and the shifting dynamics of the post-Ottoman world in a quest to guarantee private rights through public international legal redress, the PCIJ Mavrommatis case provides a rich resource for interrogating the extent to which international law during the League period could speak for voices on the edge of empire. In this article, historical consideration of the regimes of empire and Mandate form the backdrop to an exploration into how international legal discourse (re)configured the relationship between the core and the periphery, especially for those peoples awaiting the promise of self-determination and sovereignty. The figure of a lone Greek investor and his dashed hopes in the newly created Palestine Mandate is the backdrop to this tail of ever-shifting interpretations of public and private rights, of speech as well as silence before and beyond the Peace Palace.

scholarly journals Mujer, matrimonio y maternidad: cuestiones de Derecho internacional privado desde una perspectiva de género = Woman, marriage and motherhood: issues of Private International Law from a gender perspective

2018 ◽  
Vol 10 (1) ◽  
pp. 439
Author(s):  
Carmen Vaquero López
Keyword(s):  
International Law ◽  
Gender Equality ◽  
Public Order ◽  
Private Law ◽  
Private International Law ◽  
Gender Perspective ◽  
Men And Women ◽  
International Private Law

Resumen: En los últimos tiempos la lucha por alcanzar la igualdad de género y acabar con las injusticias que separan a hombres y mujeres se ha convertido en una auténtica “revolución” que ha invadido prácticamente todos los ámbitos sociales. Este movimiento debe también remover los principios que informan las soluciones de Derecho internacional privado en nuestro país. En el presente trabajo se analizan desde una perspectiva de género dos instituciones que tradicionalmente han sido bastión del patriarcado y cuya regulación se ha venido llevando a cabo desde consideraciones principalmente androcéntricas: el matrimonio y la maternidad.Palabras clave: estereotipo, principio de igualdad, dignidad, orden público, interés de la mujer.Abstract: In the latest times, the fight for achieving the gender equality and for putting an end to the injustices that separates men and women has become a true “revolution” that has invaded practically all social areas. This movement should also remove the principles that inform the solutions of International Private Law. In this paper we analyze from a perspective of gender two institutions that have traditionally been a bastion of patriarchy and whose regulation has been carried out from mainly androcentric considerations: the marriage and the motherhood.Keywords: stereotype, principle of equality, dignity, public order, interest of the woman.

A New Jurisprudential Framework for Jurisdiction

2017 ◽  
Author(s):  
Dan Jerker B. Svantesson
Keyword(s):  
International Law ◽  
The State ◽  
Private International Law ◽  
Public International Law ◽  
The Core ◽  
Legitimate Interest

This chapter advances a new jurisprudential framework for jurisdiction and discusses it in detail, outlining how it may be applied, and responds to some potential concerns that may be raised against the framework. The framework is focused on: (1) there being a substantial connection between the state claiming jurisdiction and the matter; (2) the state claiming jurisdiction having a legitimate interest in the matter; and (3) a balancing of that state’s interest with other relevant interests. As this framework represents the core of jurisdiction in both public international law and in private international law, it effectively unifies those two disciplines commonly viewed as distinct.

Consular law and consular protection of citizens and legal entities in modern times and their legal basis

2020 ◽  
Vol 10 (1) ◽  
pp. 60-65
Author(s):  
Alexander Ryazantsev
Keyword(s):  
International Law ◽  
Legal Framework ◽  
Legal Basis ◽  
Public International Law ◽  
Modern Times ◽  
National Significance ◽  
Sphere Of Influence ◽  
The 19Th Century ◽  
North And South America ◽  
North And South

The necessity of writing this article is conditioned by the active development of consular law, which, as part of international law, evolves directly under the influence of world political and economic processes. At the beginning of the twentieth century, an impressive number of consulates operated in Europe, North and South America, Asia, the middle East, and partly in Africa.The legal acts regulating the consular sphere of influence, concluded in Russia in the 19th century, had not only national significance, but also international significance. All adopted conventions, treatises, agreements and charters were elements that form the system of public international law as a whole.With the formation of a new state in the former Russian Empire, it became necessary to adopt a new legal framework regulating consular activities.

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