‘With an Eye to the Past’, But No Longer ‘An Object of International Law’

2021 ◽  
pp. 3-12
Author(s):  
Rotem Giladi
Keyword(s):  
International Law ◽  
Legal Status ◽  
Jewish History ◽  
Jewish State ◽  
The Past ◽  
Sense Of Time ◽  
To Come ◽  
Foreign Ministry ◽  
Radical Transformation

The Prologue tells the story of the Jewish Yearbook of International Law, published in Jerusalem in 1949. It highlights the sense of time of those involved: an end to Jewish objecthood and the beginning of Jewish subjecthood brought by the sovereign turn in Jewish history—a radical transformation in the international legal status of Jews. The volume sought to ‘sum up’, ‘with an eye to the past’, the terms of past Jewish engagements with international law. The editors refrained from predicting the shape of things to come—the terms on which the Jewish state would now approach international law; this book explores that future. The Prologue also introduces the dramatis personae, including Jacob Robinson and Shabtai Rosenne, Foreign Ministry legal advisers and the book’s main protagonists. It also tells of their effort to assume ownership of the project which was to be renamed the Israel Yearbook of International Law.

A Radical Transformation?

2021 ◽  
pp. 13-30
Author(s):  
Rotem Giladi
Keyword(s):  
Foreign Policy ◽  
United Nations ◽  
International Law ◽  
Jewish History ◽  
Foreign Affairs ◽  
Law Reform ◽  
Political Experience ◽  
Modern Jewish History ◽  
Post War ◽  
Radical Transformation

The Introduction notes the tendency of international law and Jewish history scholars to read the international law engagement of Jewish scholars as a cosmopolitan project yet limit inquiry to the period preceding Israel’s establishment and the ‘sovereign turn’ in modern Jewish history; as well as the emphasis, in scholarship on Israel’s foreign policy, on the ‘Jewish aspect’ of the Jewish state’s international outlook. Against this backdrop, the Introduction presents the object, scope, and underlying argument of the book: a study of Israel’s early ambivalence towards three post-war international law reform projects, at the United Nations arena, given voice by two Ministry of Foreign Affairs legal advisers. The Introduction points to ideology as the force driving the protagonists’ ambivalence towards international law. It argues that how Jacob Robinson and Shabtai Rosenne approached international law was determined by pre-sovereign sensibilities expressing the creed of the Jewish national movement and its political experience.

Some Methodological Problems of the Study of Jewish History in Poland Between the Two World Wars

2004 ◽  
pp. 163-175
Author(s):  
Jerzy Tomaszewski
Keyword(s):  
20Th Century ◽  
Public Interest ◽  
Critical Review ◽  
Legal Status ◽  
Jewish History ◽  
Methodological Consideration ◽  
The Past ◽  
Polish Society ◽  
History Of ◽  
Methodological Problems

This chapter identifies some methodological problems of the study of Jewish history in Poland between the two World Wars. The growing public interest in the history of Polish Jews between the wars has been the reason for the publication of many books and articles. Some are based on only a superficial survey, others present a deep and penetrating analysis of specific problems. This body of literature deserves methodological consideration, together with a critical review of the most important sources, so that some queries, doubts and suggestions can be raised. During at least the past hundred years, a tradition developed in some Jewish and Polish political circles of treating the Jews as a kind of alien body within Polish society. This attitude can also often be observed in contemporary historical studies, despite the authors' declared intentions. This can partly be explained in terms of the distant past, when Jews constituted a distinctly different class of people with its own legal status and institutions, but there is no reason to maintain such an approach when investigating the history of the 20th century.

Dystopias in the Kingdom of Israel: Prophetic Narratives of Destruction in Recent Hebrew Literature

2020 ◽  
Vol 72 (1) ◽  
pp. 19-31
Author(s):  
Gil Hochberg
Keyword(s):  
South African ◽  
Jewish People ◽  
Hebrew Literature ◽  
Jewish State ◽  
Ethical Concerns ◽  
The Third ◽  
The Past ◽  
To Come ◽  
Apartheid Regime ◽  
Current Reality

Abstract This article is about a recent wave of literary dystopias published in Israel, most of which center on the soon-to-come destruction of the Jewish state. Notable among these are The Third (Ha-shlishi) by Yishai Sarid (2015), Mud (Tit) by Dror Burstein (2016), and Nuntia (Kfor) by Shimon Adaf (2010). These texts draw on biblical or Rabbinic Hebrew, Jewish sources, and Jewish historical events (specifically the destruction of the First and Second Temples), making them just as much about a dystopian past as they are about a dystopian future. They are, in other words, dystopias of a circular temporality: emerging from and moving toward (Jewish) dystopia. This recent wave of Israeli dystopian narratives is primarily preoccupied with the past and future of Judaism, the Jewish people, and Israel as a secular-yet-Jewish state. Most interesting, perhaps, is the complete absence of Palestinians from these texts and from this dystopic imagination. Despite their obvious presence in Israel’s current reality, Palestinians have no role whatsoever in these texts. We are dealing therefore with exclusively Jewish dystopias. Read against some of the dystopian white South African writings under Apartheid, the complete absence of Palestinians in the recently published Israeli dystopias, appears particularly disheartening. Neither partner nor enemy, Palestinians do not even share in a future nightmare with Israeli Jews. We are left with the following questions: Does writing a Jewish Israeli dystopia require eliminating Palestinians from the narrative? Is it possible (how is it possible?) to think of a Jewish (Israeli) future, present, and past without thinking about a Palestinian past, present, and future? Following the example of South African dystopias, this article concludes that for such literary and ethical concerns to be critically explored, Israel must first be (officially) recognized as an apartheid regime.

scholarly journals Introduction: LJIL in the Age of Cyberspace

2012 ◽  
Vol 25 (1) ◽  
pp. 1-8 ◽  
Author(s):  
LARISSA VAN DEN HERIK
Keyword(s):  
International Law ◽  
Scholarly Publishing ◽  
Epistemic Community ◽  
The Past ◽  
To Come

In 2012, the Leiden Journal of International Law (LJIL) celebrates its silver jubilee. Such a milestone calls for a brief sketch of LJIL's life and development over the past quarter of a century. This editorial accordingly narrates how LJIL grew from a modest student-run journal to establishing itself as a respected participant in the international academic arena. It is premised on the idea that LJIL's professionalization process and the gradual formation of a distinct identity in the field may be of interest to our entire epistemic community and those interested in the dynamics of the dissemination of scholarly ideas. Eventually, this editorial engages with some of the greatest challenges with which LJIL – as well as other actors in scholarly publishing – will most likely be confronted in the years to come.

Method activation end date in the past. direction:re

2015 ◽  
Vol 3 (6) ◽  
pp. 300-306
Author(s):  
Александр Петров ◽  
Aleksandr Petrov
Keyword(s):  
International Law ◽  
Private International Law ◽  
The Past ◽  
To Come ◽  
Theory Of Law

This article is devoted to answering the questions related to the theory of conflicts in law. Particularly, there are discovered two main approaches to understanding of such conflicts – objective and subjective one. Besides, author tries to make clear the discussion: is the phenomenon of conflict in law explored in frame of private international law equal to the object named-so in the theory of law. The article includes the describing of vital characteristics of conflict in law. Also author rises up the question of objects which may serve as basics for any contradiction to come up. Additionally, the article emphasizes why the concurrence of norms is considered to be a conflict between general and special norms.

scholarly journals The Problem of International Conventional Regulation of Private Military and Security Companies

2021 ◽  
Vol 65 (5) ◽  
pp. 95-106
Author(s):  
M. Nebolsina
Keyword(s):  
International Law ◽  
Legal Status ◽  
International Studies ◽  
International Convention ◽  
Legal Norms ◽  
Security Industry ◽  
Strategic Competition ◽  
State Actors ◽  
To Come ◽  
Security Companies

Received 16.09.2020. The article examines the preconditions for the development of a UN convention on Private Military and Security Companies (PMSCs), and raises the question of the actors interested in creating such a document. It seeks to explain why the convention remained at the draft level, through the prism of contradictions associated with the development of international legal norms in relation to the known phenomenon of mercenarism, and in relation to new militarysecurity structures. The present text is devoted to the analysis of the problems in determining PMSCs’ status and in separating them from such illegal actors as mercenaries, as well as to studying the difficulties associated with the promotion of the UN International Convention on the Regulation, Oversight and Monitoring of Private Military and Security Companies, that arise in the scientific community and within the UN itself. In addition, the article touches upon the problem of privatization of international law and discusses intentions of private military and security industry to privatize specific issues of PMSCs’ regulation. It emphasizes the role of non-state actors that seek ways to participate in and influence the process of international conventional regulation. On the one hand, international legal binding mechanisms aimed at regulation of PMSCs are nagging. On the other hand, current legal norms are imperfect and seem to be inappropriate for the regulation of the fast growing and evolving phenomenon – PMSCs. The combination of states’ and non-state actors’ interests at the international level challenges the system of current conventional mechanisms. Besides, numerous approaches to the identification of the range of inherent governmental functions in military sphere vary from one state to another. Similarly, some PMSCs do not see any conflict with their unclear legal status while others seek ways to come out from the shadows of obscurity and clarify their status within the international law. The article tries to unveil a range of different problems in private security sphere and explain both the complexity of private military and security industry, the ambiguous approaches towards regulation of PMSCs and the challenges the international law faces with the emergence of new non-state military and security phenomenon. Acknowledgments. The article was supported by a grant from the International Studies Institute at MGIMO University, (Project No. 1921-01-07): “New Forms of Strategic Competition of the Great Political Powers in the 21st Century” as part of the “Analysis and Forecasting the Evolution of International Relations in the Context of a Changing Technology” project.

An End to the Korean War: The Legal Character of the 2018 Summit Declarations and Implications of an Official Korean Peace Treaty

2019 ◽  
Vol 9 (2) ◽  
pp. 206-216 ◽  
Author(s):  
Angela Semee KIM
Keyword(s):  
International Law ◽  
Korean Peninsula ◽  
Legal Status ◽  
Korean War ◽  
Clear Distinction ◽  
Peace Treaty ◽  
The Past ◽  
Legal Implications ◽  
The Korean War ◽  
Legal Character

AbstractGlobal attention to events on the Korean Peninsula has been striking in the past year. With an inter-Korean summit and an unprecedented US-DPRK summit, hopes of a final end to the Korean War have been renewed. Although these summits resulted in declarations which pronounced an end to the Korean War and an establishment of a peace regime, the declarations must not be mistaken as official peace treaties. Unlike a peace treaty, which is governed by international law, the two summit declarations are not governed by international law due to their lack of legality. Therefore, a clear distinction must be drawn between the declarations and a peace treaty. This paper aims to determine the legal status of the declarations and explain how they are merely non-binding political declarations. The paper then identifies and explores some of the legal implications of a Korean peace treaty.

The Potential of International Law: Fragmentation and Ethics

2011 ◽  
Vol 24 (1) ◽  
pp. 23-43 ◽  
Author(s):  
SAHIB SINGH
Keyword(s):  
International Law ◽  
Institutional Environment ◽  
Middle Ground ◽  
The Past ◽  
Political Preferences ◽  
Legal Professional ◽  
To Come ◽  
Fragmentation Of International Law ◽  
Looking Glass ◽  
Rare Opportunity

AbstractFragmentation discourse provides a rare opportunity for international lawyers to review what has gone and what is to come: it is, in short, a chance to learn lessons of the past. The subjects and the looking glass, so to speak, are the International Law Commission's Report on the Fragmentation of International Law and its author, Martti Koskenniemi. It is the conclusion of this paper that the legal world's approaches to fragmentation, reflected in the ILC Report, represent a deficiency in ethical responsibility. The author not only considers the Report to be naturally inhibited by the institutional environment in which it was constructed, but furthermore finds that the Report's rule-centric approach to a polarized discourse results only in the propagation of ethical deficiencies that define the classical approaches to fragmentation: constitutionalism and legal pluralism. The Report's formalistic approach is one that attempts to find a middle ground between the stated polarities and, in doing so, it not only advances the myths of a system and of coherence in international law, but enables the preferences that define proliferating tribunals. The very same preferences continue to disable the ethical and political emancipation of the legal professional. The author believes the future of international law can no longer remain chained to rule-centrism against political preferences, but rather lies in the study of the legal professional. International law is a project that requires the rediscovery of our consciously enlightened professionals. This not only requires the development of a professional pluralism but the understanding that professional existentialism is not a reward, but rather the transpiring mindset of noble objectives.

Sustainable Development in International Law

2011 ◽  
Vol 361-363 ◽  
pp. 1937-1941
Author(s):  
Kai Peng Gan
Keyword(s):  
Sustainable Development ◽  
International Law ◽  
Legal Status ◽  
Environmental Problems ◽  
Customary Law ◽  
International Treaties ◽  
Policy Goal ◽  
The Past ◽  
International Laws ◽  
Broad Policy

Over the past decades, the concept of sustainable development has been accepted by international community due to the serious environmental problems. However, the debates surrounding the legal status of sustainable development are continuing all the time. Apparently, sustainable development should be seen as a binding principle of international customary law and its broad policy goal, found in certain international treaties has specific meanings in the text of international laws.

Suicidal Behavior in Black South Africans

Crisis ◽  
2003 ◽  
Vol 24 (1) ◽  
pp. 24-28 ◽  
Author(s):  
Lourens Schlebusch ◽  
Naseema B.M. Vawda ◽  
Brenda A. Bosch
Keyword(s):  
South African ◽  
Suicidal Behavior ◽  
Health Care Facilities ◽  
South African Society ◽  
South Africans ◽  
The Past ◽  
The People ◽  
Care Facilities ◽  
Black South Africans ◽  
To Come

Summary: In the past suicidal behavior among Black South Africans has been largely underresearched. Earlier studies among the other main ethnic groups in the country showed suicidal behavior in those groups to be a serious problem. This article briefly reviews some of the more recent research on suicidal behavior in Black South Africans. The results indicate an apparent increase in suicidal behavior in this group. Several explanations are offered for the change in suicidal behavior in the reported clinical populations. This includes past difficulties for all South Africans to access health care facilities in the Apartheid (legal racial separation) era, and present difficulties of post-Apartheid transformation the South African society is undergoing, as the people struggle to come to terms with the deleterious effects of the former South African racial policies, related socio-cultural, socio-economic, and other pressures.

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