International Interventions

2021 ◽  
pp. 232-246
Author(s):  
Aidan Hehir
Keyword(s):  
International Law ◽  
International System ◽  
Actual State ◽  
International Human Rights ◽  
Power Politics ◽  
Sovereign State ◽  
The Past ◽  
State Practice ◽  
Vexed Question ◽  
The Relationship

This chapter explores the relationship between state sovereignty and the vexed question of intervention. While the sovereign state has become the dominant political unit in the international system, the rights afforded to ostensibly sovereign states remain prey to power politics, and—especially in recent decades—the rise in support for international human rights. This chapter contrasts the laws governing intervention with actual state practice and notes that while international law has advanced considerably in the past hundred years—in terms of both depth and breadth—there has been little substantive change to the mechanism by which these laws are actually enforced.

Part III The Limitations and Role of the Persistent Objector Rule, 8 Maintaining Exemption: ‘Fundamental’ Norms and Extra-Legal Factors

2016 ◽  
Author(s):  
Green James A
Keyword(s):  
International Law ◽  
Actual State ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Customary International Law ◽  
State Practice ◽  
The Face ◽  
Jus Cogens

A notable minority critique of the persistent objector rule is that the rule is not supported by actual state practice. The first part of this book dismissed these critiques. This chapter explores the ‘softer’ versions of the persistent objector rule. The first is that persistent objection is not permissible in relation to particularly ‘fundamental’ customary international law norms, even those that have not attained jus cogens status. This claim has most commonly been made with regard to norms of customary international human rights law. The chapter then turns to a related claim made by critics of the persistent objector rule, which is that it is commonly unavailing, not just in the face of especially ‘fundamental’ norms, but in general.

Russland und das Selbstbestimmungsrecht der Völker im postsowjetischen Raum

2021 ◽  
Vol 67 (1) ◽  
pp. 8-26
Author(s):  
Johannes Socher
Keyword(s):  
International Law ◽  
Self Determination ◽  
Legal Rhetoric ◽  
Power Politics ◽  
Regional Comparison ◽  
State Practice ◽  
Soviet Space ◽  
The Right ◽  
Fragmentation Of International Law ◽  
Post Soviet Space

As a concept of international law, the right to self-determination is widely renowned for its unclarity. Broadly speaking, one can differentiate between a liberal and a nationalist tradition. In modern international law, the balance between these two opposing traditions is sought in an attempt to contain or ‘domesticate’ the nationalist conception by limiting it to ‘abnormal’ situations, i.e. to colonialism in the sense of ‘alien subjugation, domination and exploitation’. Essentially, this distinction between ‘normal’ and ‘abnormal’ situations has since been the heart of the matter in the legal discourse on the right to self-determination, with the important qualification regarding the need to preserve existing borders. This study situates Russia’s approach to the right to self- determination in that discourse by way of a regional comparison vis-à-vis a ‘western’ or European perspective, and a temporal comparison with the former Soviet doctrine of international law. Against the background of the Soviet Union’s role in the evolution of the right to self-determination, the bulk of the study analyses Russia’s relevant state practice in the post-Soviet space through the prisms of sovereignty, secession, and annexation. Complemented by a review of the Russian scholarship on the topic, it is suggested that Russia’s approach to the right to self-determination may be best understood not only in terms of power politics disguised as legal rhetoric, but can be seen as evidence of traits of a regional (re-)fragmentation of international law.

International Law and Colombian Constitutionalism: A Note on Monism

1942 ◽  
Vol 36 (4) ◽  
pp. 614-620
Author(s):  
William Marion Gibson
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Subject Matter ◽  
The Other ◽  
Legal Philosophy ◽  
State Practice ◽  
The Subject ◽  
National Constitution ◽  
Relationship Of ◽  
The Relationship

In explaining the nature of international law, each of the two major schools of thought draws upon legal philosophy and practice for evidence in support of its interpretation. It is not the purpose of this note to offer any conclusions or proofs as to the validity of the reasoning of one or the other of the two schools. It would require more than the subject-matter here considered to prove the “Monist” position, or to detract from that of the “Dualist.” However, inasmuch as state practice is one of the guides to the resolution of the debate on the nature of international law, it is hoped that an explanation of the attitude of the Colombian Supreme Court concerning the relationship of pacta to the national constitution and legislation of that state may merit mention.

International Law Concentrate

2021 ◽  
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis
Keyword(s):  
International Law ◽  
International System ◽  
Comprehensive Overview ◽  
Essential Information ◽  
Peaceful Settlement ◽  
Questions And Answers ◽  
The Law ◽  
Settlement Of Disputes ◽  
The Relationship ◽  
Domestic Law

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. International Law Concentrate provides a comprehensive overview of international law and includes key information, key cases, revision tips, and exam questions and answers. Topics covered include the nature of international law and the international system, sources of international law, and the law of treaties. The book also looks at the relationship between international and domestic law. It considers personality, statehood, and recognition, as well as sovereignty, jurisdiction, immunity, and the law of the sea. The book describes state responsibility and looks at peaceful settlement of disputes. Finally, it looks at the use of force and human rights.

Title to Territory and JurisdictionThree and a Half Models

2020 ◽  
pp. 159-181
Author(s):  
Lea Raible
Keyword(s):  
Human Rights ◽  
International Law ◽  
Political Power ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Relationship Of ◽  
The Relationship

The very term ‘extraterritoriality’ implies that territory is significant. So far, however, my argument focuses on jurisdiction rather than territory. This chapter adds clarifications in this area. It examines the relationship of jurisdiction in international human rights law, whether understood as political power or not, and title to territory in international law. To this end, I start by looking at what international law has to say about jurisdiction as understood in international human rights law, and territory, respectively. The conclusion of the survey is that the two concepts serve different normative purposes, are underpinned by different values, and that they are thus not the same. Accordingly, an account of their relationship should be approached with conceptual care.

Introduction

2021 ◽  
pp. 1-13
Author(s):  
Johannes Socher
Keyword(s):  
International Law ◽  
Academic Discipline ◽  
Self Determination ◽  
Raw Material ◽  
Legal Argumentation ◽  
Power Politics ◽  
State Practice ◽  
Detailed Assessment ◽  
The Right ◽  
Open Question

The book provides a detailed assessment of Russia’s state practice in the post-Soviet space with the aim to ascertain a distinct Russian approach to the right of peoples to self-determination, illustrated by seven case studies on the secessionist conflicts over Abkhazia, Chechnya, Crimea, Nagorno-Karabakh, South Ossetia, Tatarstan, and Transnistria. As such, it may serve as a detailed documentation of the raw material necessary to form and identify rules of customary international law, produced by one particular state. Beyond that, it seeks to test the accuracy of and give substance to Lauri Mälksoo’s general assessment in Russian Approaches to International Law that the ‘evolution of Moscow’s legal argumentation and views in these complex cases … has not followed some overarching legal principle but reflected changing power politics. Until 2014, Russia claimed that sovereignty trumped self-determination but in 2014 partly destroyed its own earlier argumentation by its own actions in Ukraine.’ Finally, this book is a contribution to what Mälksoo calls the ‘debatable nexus’ between legal scholarship and state practice of international law in Russia, that is the open question of to what extent international law as an academic discipline continues to be subjugated to the raison d’état in Russia.

Re-Conceptualizing the Right to Seek and Obtain Asylum in International Law

2015 ◽  
Vol 4 (2) ◽  
pp. 303-332
Author(s):  
Salvatore Fabio Nicolosi
Keyword(s):  
Human Rights ◽  
International Law ◽  
Asylum Seekers ◽  
International Human Rights ◽  
The Past ◽  
European Court ◽  
Triggering Factor ◽  
The Right ◽  
Human Rights Standards

Over the past few years the issue of asylum has progressively become interrelated with human rights. Asylum-related stresses, including refugee flows and mass displacements, have mitigated the traditional idea of asylum as an absolute state right, in so far as international human rights standards of protection require that states may have the responsibility to provide asylum seekers with protection. Following this premise, the article argues that the triggering factor of such overturning is significantly represented by the judicial approach to the institution of asylum by regional human rights courts. After setting the background on the interrelation of asylum with human rights, this article conceptualises the right to asylum as derived from the principle of non-refoulement and to this extent it delves into the role of the two regional human rights courts, notably the European Court of Human Rights (ECtHR) and the Inter-American Court of Human Rights (IACtHR), in order to explore whether an emerging judicial cross-fertilisation may contribute to re-conceptualisation of the right to asylum from a human rights perspective.

International Law Concentrate

2017 ◽  
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis
Keyword(s):  
International Law ◽  
International System ◽  
Comprehensive Overview ◽  
Essential Information ◽  
Peaceful Settlement ◽  
Questions And Answers ◽  
The Law ◽  
Settlement Of Disputes ◽  
The Relationship ◽  
Domestic Law

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. International Law Concentrate provides a comprehensive overview of international law and includes key information, key cases, revision tips, and exam questions and answers. Topics covered include the nature of international law and the international system, sources of international law, and the law of treaties. The book also looks at the relationship between international and domestic law. It considers personality, statehood, and recognition as well as sovereignty, jurisdiction, immunity, and the law of the sea. The book describes state responsibility and looks at peaceful settlement of disputes. Finally it looks at the use of force and human rights.

scholarly journals A brief history of metrology: past, present, and future

2019 ◽  
Vol 10 ◽  
pp. 5 ◽  
Author(s):  
Jean-Pierre Fanton
Keyword(s):  
French Revolution ◽  
Quantum Physics ◽  
State Of The Art ◽  
International System ◽  
Actual State ◽  
The Past ◽  
System Of Units ◽  
The World ◽  
History Of ◽  
The Impact

In this paper, we take the freedom to paraphrase Stephen Hawking's well-known formula and approach, for a reflection about metrology. In fact, metrology has a past, a present, and a future. The past is marked by a rich series of events, of which we shall highlight only those which resulted in major turns. The impact of the French Revolution is indisputably one of them. The present corresponds to a significant evolution, which is the entry of metrology into the world of quantum physics, with the relevant changes in the International System of units (SI). An apercu of the actual state of the art of metrological technology is given. The future is characterised by a persisting need for a still enhanced metrology, in terms of performance and domain covered. In this respect, soft metrology seems to constitute a promising field for research and development.

The Sen Conception of Development and Contemporary International Law Discourse: Some Parallels

2008 ◽  
Vol 1 (1) ◽  
Author(s):  
Bhupinder Chimni
Keyword(s):  
Human Rights ◽  
International Law ◽  
Technological Progress ◽  
International System ◽  
Social Constraints ◽  
International Human Rights ◽  
Right To Development ◽  
The Social ◽  
International Human ◽  
The Right

The Sen conception of `development as freedom' represents a departure from previous approaches to development that focused merely on growth rates or technological progress. Sen however fails to adequately address the social constraints that inhibit the realization of the goal of `development as freedom.' There is an interesting parallel here with developments in contemporary international law. While contemporary international law incorporates the idea of `development as freedom' in international human rights instruments, in particular the Declaration on the Right to Development, mainstream international law scholarship has like Sen failed to indicate the constraints in the international system that prevent its attainment. Since Sen is today among the foremost thinkers on the idea of development reviewing the parallels between his conception of development and mainstream international law scholarship is helpful as it offers insights into the limits of both.

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