International Law

2020 ◽  
pp. 361-392
Author(s):  
Steven R. Ratner
Keyword(s):  
International Law ◽  
Global Justice ◽  
International Level ◽  
Philosophical Work ◽  
Legal Scholarship ◽  
Legal Rules ◽  
Moral Arguments ◽  
Key Participants

International law is central to both the discourse and practice of global justice. It offers a critical institutional site for transforming theories about global justice into binding rules with institutional enforcement; many of its rules have strong claims to morality; and it can offer insights into the nature of just arrangements at the international level. This chapter first introduces the key participants and fundamental norms of international law that respond to the various claims of those participants. Second, it elaborates on the range of engagement by international legal scholarship with questions of global justice. Legal scholars have incorporated concepts of justice in their work even as their overall pragmatic orientation has limited the nature of their inquiries. Third, the chapter synthesizes the different encounters of political and moral philosophical work on global justice with international law. While some philosophers have directly inquired into the morality of legal rules and others have relied on those rules as part of broader moral arguments, others exhibit skepticism about and distance from international law. Some of that distance stems from different missions of philosophy as compared to law, but some is based on an unjustified suspicion of legal rules. It concludes with some suggestions for future collaboration between philosophical and legal approaches to global justice.

Global Justice, Global Governance, and International Law

2019 ◽  
pp. 364-370
Author(s):  
Maurice Kamto
Keyword(s):  
Decision Making ◽  
International Law ◽  
Global Governance ◽  
Policy Making ◽  
Global Justice ◽  
Responsibility To Protect ◽  
International Level ◽  
Global Level ◽  
New Era ◽  
Conflicting Interests

The chapter comments on Eyal Benvenisti’s discussion of international law’s contribution to global justice. It puts forward that global justice at the international level can only be the result of a permanent bargain and a compromise between the multiple and conflicting interests among states. It emphasizes that better governance at the global level involving the sharing of the policy-making and decision-making, accountability, the rule of law, and sanctions can help improve global justice. It concludes by suggesting that if international law could contribute to the advent of global justice in a move from ‘Responsibility to protect’ to ‘Responsibility to develop’, it would open a new era for its rise amongst nations and peoples.

Introductory Remarks by Steven Ratner

2020 ◽  
Vol 114 ◽  
pp. 277-288
Author(s):  
Steven Ratner ◽  
James Stewart ◽  
Jiewuh Song ◽  
Carmen Pavel ◽  
David Luban
Keyword(s):  
Political Philosophy ◽  
International Law ◽  
Global Justice ◽  
World Order ◽  
Just World ◽  
Legal Rules ◽  
Moral Content ◽  
Theories Of Justice ◽  
Interpretive Methods

International law (IL) and political philosophy represent two rich disciplines for exploring issues of global justice. At their core, each seeks to build a better world based on some universally agreed norms, rules, and practices, backed by effective institutions. International lawyers, even the most positivist of them, have some underlying assumptions about a just world order that predisposes their interpretive methods; legal scholars have incorporated concepts of justice in their work even as their overall pragmatic orientation has limited the nature of their inquiries. Many philosophers, for their part, have engaged with IL to some extent—at a minimum recognizing that legal rules may need to be the vehicles for their own theories of justice, or going a step further to appraise them for their underlying moral content.

scholarly journals CODIFICATION, CONSOLIDATION, RESTATEMENT? HOW BEST TO SYSTEMISE THE MODERN LAW OF TORT

2021 ◽  
Vol 70 (2) ◽  
pp. 271-305
Author(s):  
Paula Giliker
Keyword(s):  
Comparative Study ◽  
Common Law ◽  
Civil Law ◽  
Tort Law ◽  
Case Law ◽  
Legal Scholarship ◽  
Legal Rules ◽  
The Law ◽  
Codal Provisions ◽  
Code Civil

AbstractThe law of tort (or extra or non-contractual liability) has been criticised for being imprecise and lacking coherence. Legal systems have sought to systemise its rules in a number of ways. While civil law systems generally place tort law in a civil code, common law systems have favoured case-law development supported by limited statutory intervention consolidating existing legal rules. In both systems, case law plays a significant role in maintaining the flexibility and adaptability of the law. This article will examine, comparatively, different means of systemising the law of tort, contrasting civil law codification (taking the example of recent French proposals to update the tort provisions of the Code civil) with common law statutory consolidation and case-law intervention (using examples taken from English and Australian law). In examining the degree to which these formal means of systemisation are capable of improving the accessibility, intelligibility, clarity and predictability of the law of tort, it will also address the role played by informal sources, be they ambitious restatements of law or other means. It will be argued that given the nature of tort law, at best, any form of systemisation (be it formal or informal) can only seek to minimise any lack of precision and coherence. However, as this comparative study shows, further steps are needed, both in updating outdated codal provisions and rethinking the type of legal scholarship that might best assist the courts.

scholarly journals Cyber Attacks, Information Attacks, and Postmodern Warfare

2017 ◽  
Vol 10 (1) ◽  
pp. 63-89 ◽  
Author(s):  
Jozef Valuch ◽  
Tomáš Gábriš ◽  
Ondrej Hamuľák
Keyword(s):  
International Law ◽  
Subject Matter ◽  
Case Law ◽  
Cyber Attacks ◽  
Armed Conflicts ◽  
Information Warfare ◽  
Law Of War ◽  
Legal Rules ◽  
The Subject ◽  
The Relationship

Abstract The aim of this paper is to evaluate and differentiate between the phenomena of cyberwarfare and information warfare, as manifestations of what we perceive as postmodern warfare. We describe and analyse the current examples of the use the postmodern warfare and the reactions of states and international bodies to these phenomena. The subject matter of this paper is the relationship between new types of postmodern conflicts and the law of armed conflicts (law of war). Based on ICJ case law, it is clear that under current legal rules of international law of war, cyber attacks as well as information attacks (often performed in the cyberspace as well) can only be perceived as “war” if executed in addition to classical kinetic warfare, which is often not the case. In most cases perceived “only” as a non-linear warfare (postmodern conflict), this practice nevertheless must be condemned as conduct contrary to the principles of international law and (possibly) a crime under national laws, unless this type of conduct will be recognized by the international community as a “war” proper, in its new, postmodern sense.

Requirements for Amicus Curiae Participation in International Investment ArbitrationA Deconstruction of the Procedural Wall Erected in Joint ICSID Cases ARB/10/25 and ARB/10/15

2013 ◽  
Vol 12 (3) ◽  
pp. 365-390 ◽  
Author(s):  
Christian Schliemann
Keyword(s):  
International Law ◽  
International Investment ◽  
Recent Attempt ◽  
Arbitral Tribunal ◽  
Amicus Curiae ◽  
Legal Rules ◽  
Investment Arbitration ◽  
Legal Standard ◽  
Investment Law

Abstract The legal standard on amicus curiae participation in international investment arbitration has been forged by the judicial development of legal rules and, in parallel, the modification of normative sources, such as the ICSID Arbitration Rules. Current and future decisions by arbitral tribunals on the participation of amicus curiae in a given dispute must abide by this consolidated standard. In June 2012, the arbitral tribunal in Joint ICSID Cases No. ARB/10/15 and No. ARB/10/25 released a procedural order, rejecting an amicus petition. This Order contains various deviations from the applicable legal standard and severely restricts the options for amicus participation. The recent attempt to strengthen the legitimacy of international investment arbitration by allowing for greater amicus participation and the acknowledgement of the interdependence of investment law and other areas of international law is thereby put in peril.

Concession Agreements and Nationalization

1958 ◽  
Vol 52 (2) ◽  
pp. 260-279 ◽  
Author(s):  
Kenneth S. Carlston
Keyword(s):  
International Law ◽  
Clear Understanding ◽  
Legal Rules ◽  
Social Facts ◽  
The Social ◽  
The Status ◽  
And Function ◽  
International Economies

It is the purpose of this article to investigate the status of concession agreements in the light of the rules of international law bearing on the power of a state to nationalize property. It is a continuation of an earlier article which explored the nature and function of the concession agreement in the national and international economies. The first article rested on the assumption that legal rules could not be fully understood or evaluated without a fairly clear understanding of the social facts which they were designed to regulate.

scholarly journals Victim’s Right of Access to International Criminal Courts

2016 ◽  
Vol 10 (1) ◽  
pp. 279
Author(s):  
Fazlollah Foroughi ◽  
Zahra Dastan
Keyword(s):  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Level ◽  
Human Beings ◽  
International Crimes ◽  
The Government ◽  
The Right ◽  
Right Of Access

Due to quantitative expansion and evolution in committing the crime at the international level, the scope of criminal proceedings has been widened significantly. Tolerance and forgiveness towards crimes that happen at international level not only is a double oppression on the victims, but also provide a fertile context for others to commit crimes more daringly. Thus, it is essential that international criminals are held accountable to the law and competent institution, and the realization of this issue leads to the victim satisfaction in international law. Not only in international law, but also in domestic law, show respect and protection of human rights is effective only when there is an effective justice system to guarantee the rights. Although some international crimes practically occur by the government or at least high-ranking government officials, the Statute of the International Criminal Court has reiterated this point that they only have jurisdiction over the crimes committed by natural persons rather than legal entities, which one good example is governments, and although the real victims of these crimes have been human beings, in the case of action and referring the case to the competent international courts, these are the states (rather than the victims) that actually have the right of access to the authorities and not beneficiaries .Thus, at the first step, we should see whether the Court has jurisdiction over the crime committed by the government and whether people can file an action independently in the International Criminal Court or not? When people, rather than governments, are beneficiaries in some international crimes, why only the government and not the people is the plaintiff? And what is the right of the victim in such category of crimes? Accordingly, the current research seeks to examine these rights and restrictions, and relevant limitations.

scholarly journals Climate Change, Environmental Security and Global Justice

2017 ◽  
Vol 6 (1) ◽  
pp. 119
Author(s):  
Solomon E. Salako
Keyword(s):  
Climate Change ◽  
International Law ◽  
Global Justice ◽  
Storm Surges ◽  
Environmental Security ◽  
Small Island ◽  
Atmospheric Concentration ◽  
International Consensus ◽  
Sea Levels ◽  
Security Issues

There is an international consensus that climate change is caused by human activities which substantially increase the atmospheric concentration of greenhouse gases.The ill-effects of climate change are droughts which adversely affect the global poor who are engaged in agriculture; storm surges which destroy local infrastructure, housing and crops; and the rise of sea levels which adversely affect the inhabitants of small island states which could eventually be totally submerged. Military strategists and intelligence analysts are preparing for future conflicts likely to be caused by environmental security issues.The objects of this article are: (i) to evaluate the ill-effects of climate change as a matter of global justice, (ii) to consider whether future generations have the right not to suffer from the ill-effects of climate change, and if so, (iii) to evaluate the relevant conceptions of global justice, and (iv) to assess critically whether international law provides effective preventive responses to climate change and environmental security threats.Finally, a monist-naturalist conception of global justice privileging human dignity as one of its guiding principles is proffered as a solution to the problems raised by the mechanisms of dealing with the ill-effects of climate change and the attendant environmental security issues under international law.

scholarly journals Embedding gender equality into institutional strategy

2017 ◽  
Vol 2 ◽  
Author(s):  
S. Ahmed
Keyword(s):  
Gender Inequality ◽  
Cultural Change ◽  
Wellcome Trust Sanger Institute ◽  
Women In Science ◽  
International Level ◽  
Sanger Institute ◽  
Institutional Strategy ◽  
Future Direction ◽  
The Many ◽  
Key Participants

The SiS (Sex in Science) Programme on the WGC (Wellcome Genome Campus) was established in 2011. Key participants include the Wellcome Trust Sanger Institute, EMB-EBI (EMBL-European Bioinformatics Institute), Open Targets and Elixir. The key objectives are to catalyse cultural change, develop partnerships, communicate activities and champion our women in science work at a national and international level (http://www.sanger.ac.uk/about/sex-science). In this paper, we highlight some of the many initiatives that have taken place since 2013, to address gender inequality at the highest levels; the challenges we have faced and how we have overcome these, and the future direction of travel.

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