Openness and Transparency

2020 ◽  
pp. 933-956
Author(s):  
Jane Reichel
Keyword(s):  
Comparative Analysis ◽  
International Law ◽  
International Organizations ◽  
National Level ◽  
Human Right ◽  
Public International Law ◽  
The Public ◽  
Global Context ◽  
Introductory Overview ◽  
Domestic Law

This chapter considers how the increased interest in access to official documents on the public international law level relates to the challenges posed to domestic laws with respect to transparency. It asks if international developments of greater access can compensate for the loss of transparency at the national level brought about by the de-nationalization of domestic law, and if so, how. Swedish domestic law is chosen as the case example here. The chapter provides an introductory overview of openness and transparency as a constitutional and administrative value in Sweden. Next, it examines openness and transparency in a global context. Transparency as a human right and also as an ideal for international organizations is then addressed. The chapter concludes with a comparative analysis.

The Squire Law Library at Cambridge: the Historical Development and Current Status of the International Law Collections

2017 ◽  
Vol 17 (2) ◽  
pp. 78-91 ◽  
Author(s):  
Lesley Dingle
Keyword(s):  
International Law ◽  
Historical Development ◽  
Detailed Account ◽  
Current Status ◽  
Public International Law ◽  
The Public ◽  
The Subject ◽  
Law Library

AbstractIn this paper Lesley Dingle provides a detailed account of the historical development of the public international law collections at the Squire Law Library in Cambridge. She explains the close involvement of the academic lawyers and the librarians, past and present, in developing an important collection which reflects the significance of the subject at Cambridge's Faculty of Law. Finally, she brings things up-to-date by detailing the extent of the electronic provision which benefits the modern scholar in this discipline.

scholarly journals Recognition in international law: The case of Kosovo and Metohija

2015 ◽  
pp. 289-306
Author(s):  
Tijana Surlan
Keyword(s):  
International Law ◽  
Constitutive Theory ◽  
Sovereign State ◽  
Public International Law ◽  
The Public ◽  
The North ◽  
Official Position ◽  
The Status ◽  
North Part ◽  
The Eu

Recognition is an instrument of the public international law founded in the classical international law. Still, it preserves its main characteristics formed in the period when states dominated as the only legal persons in international community. Nevertheless, the instrument of recognition is today as vibrant as ever. As long as it does not have a uniform legal definition and means of application, it leaves room to be applied to very specific cases. In this paper, the instrument of recognition is elaborated from two aspects - theoretical and practical. First (theoretical) part of the paper presents main characteristics of the notion of recognition, as presented in main international law theories - declaratory and constitutive theory. Other part of the paper is focused on the recognition in the case of Kosovo. Within this part, main constitutive elements of state are elaborated, with special attention to Kosovo as self-proclaimed state. Conclusion is that Kosovo does not fulfill main constitutive elements of state. It is not an independent and sovereign state. It is in the status of internationalized entity, with four international missions on the field with competencies in the major fields of state authority - police, judiciary system, prosecution system, army, human rights, etc. Main normative framework for the status of Kosovo is still the UN Resolution 1244. It is also the legal ground for international missions, confirming non-independent status of Kosovo. States that recognized Kosovo despite this deficiency promote the constitutive theory of recognition, while states not recognizing Kosovo promote declaratory theory. Brussels Agreement, signed by representatives of Serbia and Kosovo under the auspices of the EU, has also been elaborated through the notion of recognition - (1) whether it represents recognition; (2) from the perspective of consequences it provokes in relations between Belgrade and Pristina. Official position of Serbian Government is clear - Serbia does not recognize Kosovo as an independent and sovereign state. On the other hand, subject matter of Brussels Agreement creates new means of improvement for Kosovo authorities in the north part of Kosovo. Thus, Serbian position regarding the recognition is twofold - it does not recognize Kosovo in foro externo, and it completes its competences in foro domestico. What has been underlined through the paper and confirmed in the conclusion is that there is not a recognition which has the power to create a state and there is not a non-recognition which has the power to annul a state.

scholarly journals THE APPEARANCE OF THE PENAL INTERNATIONAL LAW AS A BRANCH OF THE PUBLIC INTERNATIONAL LAW

2014 ◽  
Vol 8 (1) ◽  
pp. 122-126
Author(s):  
Daniel Ştefan Paraschiv ◽  
Elena Paraschiv
Keyword(s):  
International Relations ◽  
International Law ◽  
Human Values ◽  
Public International Law ◽  
The Public ◽  
Peace And Security ◽  
The Law

From the oldest times, there appeared certain norms of penal international law meantto prevent the committing of serious offenses, as well as for sanctioning them. This distinctbranch of the public international law is called upon to protect - by sanctioning personsguilty of committing serious offenses - peace and security of the whole humanity, thedevelopment in conformity with the norms of the law and moral of the international relations,the existence and perenniality of fundamental human values.

Introduction: family – an international affair

2012 ◽  
Vol 8 (2) ◽  
pp. 187-195 ◽  
Author(s):  
Alison Diduck ◽  
Frances Raday
Keyword(s):  
International Law ◽  
Research Centre ◽  
International Affair ◽  
Global Context ◽  
Tel Aviv ◽  
Normative Systems ◽  
The Family ◽  
Domestic Law

This collection of articles arises from a conference held in Tel Aviv in 2009 at the Concord Research Centre for the Integration of International Law in Israel, School of Law, College of Management Academic Studies. Delegates to the conference came from a variety of professions and areas of expertise and included academics and legal and welfare practitioners. What was common among us, however, was our interest in the international dimensions of both understandings of the family and of the normative systems that define and regulate it. We all believed that understandings of family are situated in and across cultural and economic manifestations of reproduction, dependency and care relations in a global context and that they are regulated in international and regional as much as in domestic law.

Refoulement and Refugees

2017 ◽  
pp. 181-197
Author(s):  
Jasper MacLennan Sugars
Keyword(s):  
International Law ◽  
Asylum Seekers ◽  
Word Meaning ◽  
The Public ◽  
Contentious Issue ◽  
Law And Policy ◽  
The Status ◽  
Unique Approach ◽  
Important Field ◽  
Domestic Law

Refoulement, a French word meaning to reject; or backwash, is a contentious issue in the international law and policy. However, the word is unknown to most of the public world – the Australian government operations to deter asylum seekers titled ‘pushing back the boats', ‘operation sovereign borders' are questionably pushing the limits as to what's refoulement and what isn't – but the worded meaning in the convention relating to the status of refugees is the process by which a persecuted asylum seeker is forcibly removed back to a place where they are re-exposed to the same danger from which they are trying to escape. In this article, the author hopes to provide information to others who are interested in the area of refugee policy and, in particular Australia's role in the development of this increasingly important field of international law as well as the implementation of their own unique approach to dealing with asylum seekers arriving in their territorial waters by boat. in this chapter the author has made every effort to provide an unbiased, politically non-partisan view of the current policies which Australia has implemented under domestic law, which includes the act of turning back of boats and offshore processing in third-nation processing facilities.

Functionalism According to Paul Reuter: Playing a Lone Hand

2020 ◽  
Vol 31 (2) ◽  
pp. 543-564
Author(s):  
Evelyne Lagrange
Keyword(s):  
International Law ◽  
International Organizations ◽  
Policy Makers ◽  
Public International Law ◽  
Respective Role ◽  
International Law Commission ◽  
Law Commission

Abstract The true designer of the High Authority of the European Coal and Steel Community (ECSC) might have been a French professor of international law, Paul Reuter (1911–1990). Then working in the shadow of Jean Monnet, he became one of the leading experts in public international law in France from the late 1950s on and also served on the International Law Commission. It was not his style to develop a fully-fledged theory of functionalism, but he paid the utmost attention to the ‘functions’ of international organizations. While demonstrating a certain reluctance towards some consequences associated with functionalism, he expressed no disdain for a lite version of ‘constitutionalism’. Discretely, Reuter outlined a balancing between ‘functionalism’ and ‘constitutionalism’. He more insistently elaborated on the respective role of experts and policy-makers.

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