War and peace in a hybrid dimension

2021 ◽  
Author(s):  
Lyudmila Ternovaya

The monograph is devoted to the analysis of the current topic of hybrid war, in which the thin red lines separating it from peaceful life can both turn into an impenetrable iron curtain, and become a bright and attractive advertisement for another country and culture, forcing you to immerse yourself in another world, and not perceive it as a rival. Neither international law, nor the tools for identifying all the figures of international relations involved in resolving issues of war and peace, nor culture can correct the mutual distortions of hybrid war and hybrid peace. And yet, it is possible to find such facts that help to remove hybrid layers and reach the true interests, goals and means of those geopolitical actors who benefit from such a complex hybrid game of war and peace. It is intended for specialists in the field of international relations, history, culture. It will also arouse the interest of a wide range of readers.

1998 ◽  
Vol 92 (3) ◽  
pp. 367-397 ◽  
Author(s):  
Anne-Marie Slaughter ◽  
Andrew S. Tulumello ◽  
Stepan Wood

Nine years ago, Kenneth Abbott published an article exhorting international lawyers to read and master regime theory, arguing that it had multiple uses for the study of international law. He went as far as to call for a “joint discipline” that would bridge the gap between international relations theory (IR) and international law (IL). Several years later, one of us followed suit with an article mapping the history of the two fields and setting forth an agenda for joint research. Since then, political scientists and international lawyers have been reading and drawing on one another’s work with increasing frequency and for a wide range of purposes. Explicitly interdisciplinary articles have won the Francis Deák Prize, awarded for the best work by a younger scholar in this Journal, for the past two years running; the publication of an interdisciplinary analysis of treaty law in the Harvard International Law Journal prompted a lively exchange on the need to pay attention to legal as well as political details; and the Hague Academy of International Law has scheduled a short course on international law and international relations for its millennial lectures in the year 2000. Further, the American Society of International Law and the Academic Council on the United Nations System sponsor joint summer workshops explicidy designed to bring young IR and IL scholars together to explore the overlap between their disciplines.


Introduction. At the present stage of development of the world political process, one of the main problems has been to ensure the effective operation of human rights protection mechanisms, both at the national and international levels. The main vocation of legal science in this area is to provide expert assessments of problematic issues and scientifically developed recommendations for improving the mechanisms of human rights protection in modern international relations and especially in crisis situations that have become almost permanent in the life of the world community. The purpose of this publication was to implement a retrospective analysis of the evolution of the development of legal consolidation of human rights at the international level and the thorny problems in this area. Summary of the main research results. Thus, this publication considers the main stages of human rights, highlights the main problems of development, outlines the place of human rights in modern international relations and presents the main characteristics of the challenges facing states in the implementation of cooperation in the field of human rights. Finding the specifics of human rights and identifying mechanisms for their formation is a separate problem for jurists. The legal aspect of enshrining human rights in international legal instruments is important in the context of modern reality. It is through the disclosure of this issue that it is possible to identify the main stages of the evolution of the consolidation of human rights in international law. Conclusions. The development of international legal consolidation of human rights has significantly influenced the evolution of international law as a whole. Under the influence of these processes, national sovereignty, as a basic principle of international law, began to take on new forms, and the individual acquired many features of international legal personality. Thanks to non-state rule-making, the sphere of consolidation and protection of human rights tends to self-development and constant adaptation to the changing needs of society in the social and moral spheres. Human rights are a cultural phenomenon that reflects the system of value orientations of a person rooted in a particular historical epoch and depends on the ideology of the world legal community. The problem of human rights, their protection from external and internal threats requires an immediate solution, making it a priority to consider legal issues among a wide range of global problems of mankind. At the same time, it must be emphasized that the democratic development of modern society and human rights are inextricably linked. This connection also implies that human rights must be recognized as legitimate as a result of democratic procedures, but outside the national legal systems there is a moral justification necessary to convince the subjects of international law that everyone, even outside the national legal system must enjoy all guaranteed rights and freedoms.


Author(s):  
José Antonio García Sáez

Resumen: Guerra y paz pueden ser pensadas como dos momentos que están destinados a sucederse alternativamente dentro la historia de las relaciones internacionales. Pero también cabe la esperanza de que a través del desarrollo de un orden internacional fuerte pueda conseguirse una paz perpetua o, cuanto menos, duradera. A ese fin han destinado sus esfuerzos numerosos juristas cuyas obras pueden ser enmarcadas dentro del pacifismo jurídico. En este texto se tratará de ordenar los rasgos característicos de esta posición, tomando como división central aquella que separa los autores que han apostado por la prohibición de la guerra de aquellos que han apostado por su progresiva superación. Ambas posiciones compartirán su preferencia por el fortalecimiento de las instituciones internacionales, además de una cierta vocación cosmopolita. Palabras clave: Pacifismo jurídico, guerra, paz, filosofía del derecho internacional. Abstract: War and peace could be thought as two moments bound to succeed each other within the history of international relations. But there is also room for the hope in a perpetual or, at least, sustainable peace thorough the development of a strong international order. Several legal scholars, whose works can be labelled inside the legal pacifism, have devoted their efforts to that end. This paper tries to put some order about the main features of legal pacifism. It takes as a central division their position towards war: some legal pacifists have defended the total outlawry of war, while others have considered preferable a progressive overcoming of war. Both positions will share the preference for strength the international institutions, together with a certain degree of cosmopolitan commitment. Keywords: legal pacifism, war, peace, philosophy of international law.


2020 ◽  
Vol 2 ◽  
pp. 36-45
Author(s):  
Oksana Holovko-Havrysheva

This article focuses on the concepts of war and peace in international law embedded in academic heritage of such scholars as Gustaw Roszkowski andZygmunt Cybichowski, who represented the positions of the international lawyers and academicians working in Lviv (city being named throughout its history as Leopolis, Lwów, Lemberg and Lvov) in 19th century and early 20thcentury. These authors represent totally opposing standpoints with regard to the use of military force in international relations, arguing however that rules on war need to be systematized and regulated by legal norms. It is assumed that the debates on war and peace, as held at the University of Lviv in 19-th and early 20-th centuries were linked to the constitutional debate on statehood and self-determination for Polish and Ukrainian communities, living at the territory of Galicia in the Austro-Hungarian Empire.


2020 ◽  
Author(s):  
Lyudmila Ternovaya

The monograph reveals the features of vestimental, i.e. related to clothing, a person's choice that determines the nature of his communication with other people. These actions may be dictated by a person's national, social, professional, gender, or other group affiliation. At the same time, clothing that has its own fashion language can help decipher the most intricate social and political symbols and thus clarify complex situations in international relations. Many meanings of power and subordination, war and peace, labor and celebration are transmitted through clothing. Times change, and with them not only mores change, but also the understanding of the purpose of fashion. Today, it is able to Express environmental values and implement charitable projects. It is intended for specialists in the history of international relations, geopolitics, sociology, and cultural studies. It will also be of interest to a wide range of readers.


2015 ◽  
Vol 3 (2) ◽  
pp. 78-86
Author(s):  
Виктор Поздняков ◽  
Viktor Pozdnyakov

The article discusses the problems of international legal philosophy of Kant in its historical and methodological significance for modern analysis of international relations. The author pays attention to the formulation of Kant problems of war and peace as a central issue of international law. International legal concept Kant considered by the author in terms of the basic principles of solution to the problem of war and peace. Particular attention is paid to reflect this perspective in the marxist and liberal traditions.


2020 ◽  
Vol 55 (2) ◽  
Author(s):  
Ľubomír Zvada

This Handbook maps the contours of an exciting and burgeoning interdisciplinary field concerned with the role of language and languages in situations of conflict. It explores conceptual approaches, sources of information that are available, and the institutions and actors that mediate language encounters. It examines case studies of the role that languages have played in specific conflicts, from colonial times through to the Middle East and Africa today. The contributors provide vibrant evidence to challenge the monolingual assumptions that have affected traditional views of war and conflict. They show that languages are woven into every aspect of the making of war and peace, and demonstrate how language shapes public policy and military strategy, setting frameworks and expectations. The Handbook's 22 chapters powerfully illustrate how the encounter between languages is integral to almost all conflicts, to every phase of military operations and to the lived experiences of those on the ground, who meet, work and fight with speakers of other languages. This comprehensive work will appeal to scholars from across the disciplines of linguistics, translation studies, history, and international relations; and provide fresh insights for a broad range of practitioners interested in understanding the role and implications of foreign languages in war.


This book opens a cross-regional dialogue and shifts the Eurocentric discussion on diversity and integration to a more inclusive engagement with South America in private international law issues. It promotes a contemporary vision of private international law as a discipline enabling legal interconnectivity, with the potential to transcend its disciplinary boundaries to further promote the reality of cross-border integration, with its focus on the ever-increasing cross-border mobility of individuals. Private international law embraces legal diversity and pluralism. Different legal traditions continue to meet, interact and integrate in different forms, at the national, regional and international levels. Different systems of substantive law couple with divergent systems of private international law (designed to accommodate the former in cross-border situations). This complex legal landscape impacts individuals and families in cross-border scenarios, and international commerce broadly conceived. Private international law methodologies and techniques offer means for the coordination of this constellation of legal orders and value systems in cross-border situations. Bringing together world-renowned academics and experienced private international lawyers from a wide range of jurisdictions in Europe and South America, this edited collection focuses on the connective capabilities of private international law in bridging and balancing legal diversity as a corollary for the development of integration. The book provides in-depth analysis of the role of private international law in dealing with legal diversity across a diverse range of topics and jurisdictions.


2019 ◽  
Vol 1 (1) ◽  
pp. 60-71
Author(s):  
Devi Yusvitasari

A country needs to make contact with each other based on the national interests of each country related to each other, including among others economic, social, cultural, legal, political, and so on. With constant and continuous association between the nations of the world, it is one of the conditions for the existence of the international community. One form of cooperation between countries in the world is in the form of international relations by placing diplomatic representation in various countries. These representatives have diplomatic immunity and diplomatic immunity privileges that are in accordance with the jurisdiction of the recipient country and civil and criminal immunity for witnesses. The writing of the article entitled "The Application of the Principle of Non-Grata Persona to the Ambassador Judging from the Perspective of International Law" describes how the law on the abuse of diplomatic immunity, how a country's actions against abuse of diplomatic immunity and how to analyze a case of abuse of diplomatic immunity. To answer the problem used normative juridical methods through the use of secondary data, such as books, laws, and research results related to this research topic. Based on the results of the study explained that cases of violations of diplomatic relations related to the personal immunity of diplomatic officials such as cases such as cases of persecution by the Ambassador of Saudi Arabia to Indonesian Workers in Germany are of serious concern. The existence of diplomatic immunity is considered as protection so that perpetrators are not punished. Actions against the abuse of recipient countries of diplomatic immunity may expel or non-grata persona to diplomatic officials, which is stipulated in the Vienna Convention in 1961, because of the right of immunity attached to each diplomatic representative.


2016 ◽  
Vol 2 (2) ◽  
pp. 135
Author(s):  
Xhavit Sadrijaj

NATO did not intervene in the Balkans to overcome Yugoslavia, or destroy it, but above all to avoid violence and to end discrimination. (Shimon Peres, the former Israeli foreign minister, winner of Nobel Prize for peace) NATO’s intervention in the Balkans is the most historic case of the alliance since its establishment. After the Cold War or the "Fall of the Iron Curtain" NATO somehow lost the sense of existing since its founding reason no longer existed. The events of the late twenties in the Balkans, strongly brought back the alliance proving the great need for its existence and defining dimensions and new concepts of security and safety for the alliance in those tangled international relations.


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