A Transcivilizational Perspective on International Law Questioning Prevalent Cognitive Frameworks in the Emerging Multi-Polar and Multi-Civilizational World of the Twenty-First Century (Volume 342)Questioning Prevalent Cognitive Frameworks in the Emerging Multi-Polar and Multi-Civilizational World of the Twenty-First Century

Globus ◽  
2020 ◽  
Author(s):  
H. Mammadov ◽  
◽  
Zh. Mammadova ◽  

This article is devoted to the problems of mutual influence and interaction of international law and religion. In particular, it examines the development of international law and the sources of religion. In addition, which areas of international law are most developed under the influence of religious provisions. The history of international law knows various theories under which international law has improved. The article provides a detailed analysis of these theories and views, noting the institutions of international law that arose directly under the influence of religion. For example, it is noted that under the influence of Relia, the UN Charter codifies the basic principles of international law, etc. In addition, it shows the challenges of religion to international law and relations in the era of globalization in the twenty-first century, which led even to the undermining of modern international relations and traditional religious concepts caused by the " return of religion” in international relations; secondly, it presents and discusses the research path of religion and international relations. Finally, a brief analysis of the 2 impact of the global revival of religion and the ”return of religion" in international law and international relations has been carried out


Author(s):  
Nicole Scicluna

This chapter draws together the key themes of this book, using contemporary debates over the nature and future of international order, and explores likely sources of continuity and change in the politics of international law. It begins by expanding on the concept of international order and, more specifically, the so-called liberal international order that has framed international politics in the postwar period. The chapter asks whether and why the liberal international order is in crisis and how it is likely to evolve. It then turns to the rise of non-Western powers, a phenomenon that many observers have argued is contributing to the crisis of the current order. The focus is on what the changing balance of material power may reveal about the present and future of international law. Finally, the chapter offers some tentative conclusions about the politics of international law two decades into the twenty-first century.


2013 ◽  
Vol 5 (1) ◽  
pp. 233-251 ◽  
Author(s):  
Donald R. Rothwell

Abstract The polar regions are increasingly coming to the forefront of global affairs in ways that are beginning to approach the prominence given to the polar regions during the ‘heroic era’ of exploration at the beginning of the twentieth century. This contemporary focus is, however, very much upon governance and the capacity of the existing and future legal frameworks to govern the Antarctic and Arctic effectively. This article revisits foundational research undertaken in 1992–1993 and reassesses the impact of the polar regions upon the development of international law. Particular attention is given to environmental management, living and nonliving resource management, the regulation and management of maritime areas, and governance mechanisms and frameworks. The article seeks to critically assess whether the existing legal frameworks that operate in Antarctica and the Arctic are capable of dealing with their increasing globalisation, or whether there will be a need for new legal and governance regimes to be developed to address twenty-first century challenges.


Author(s):  
Harrison James

Chapter 1 provides an introduction to both the anthropogenic threats facing the marine environment at the beginning of the twenty-first century and the role that international law plays in regulating humankind’s impacts on the oceans. It argues that the protection of the marine environment is a common concern of humankind, requiring the cooperation of all States in adopting appropriate international rules and standards to address the main threats to the marine environment and collective efforts to ensure the enforcement of those norms. The chapter then explains the key sources of international law that are relevant to the regulation of marine activities, highlighting the central role played by treaties, related non-binding instruments, judicial decisions, and general principles of international law. This introduction to the sources of international law provides a basic background to the more detailed analysis of specific treaties and related instruments in the remainder of the book.


Author(s):  
Proelss Alexander ◽  
Hofmann Tobias

A decade ago, the High Level Panel on Threats, Challenges, and Change identified transnational organised crime (TOC) as one of the six clusters of threats that the international community has to face in the twenty-first century, thus recognizing and highlighting how important the suppression of TOC is for a more secure world. This chapter outlines the pertinent legal framework provided by the international law of the sea, sets out the circumstances under which states are entitled to exercise jurisdiction over foreign ships, and addresses many of the highly sensitive issues surrounding shipping interdiction. It argues that the international law of the sea establishes a legal framework for cooperation that, on one hand, sets comparatively narrow limits for unilateral enforcement measures, but at the same time leaves sufficient room for flexibility in respect of bilateral and multilateral approaches addressing the interdiction of suspected vessels.


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