Axiological Approach in International Law

2015 ◽  
Vol 3 (10) ◽  
pp. 0-0
Author(s):  
Елена Рафалюк ◽  
Elena Rafalyuk
Keyword(s):  
International Law ◽  
Regional Integration ◽  
Common Good ◽  
Regional Cooperation ◽  
Legal Consciousness ◽  
Classical Approach ◽  
Goods And Services ◽  
Political Relations ◽  
The Government ◽  
Definition Of

The article is devoted to the study of the question of the values of international law, in particular the value of regional integration and cooperation of states. The author analyzes the approaches to the definition of value in terms of the classical approach (“Value as a property of the valued object or as a sample on the basis of which the evaluation shall be made”) and non-classical approach (“The relationship between the object and the statement of what should be an object”). The article discusses the formation of axiology and contribution to its development of R. G. Lotze, V. Windelband, G. Rickert, P. G. Natorp. It is expressed the idea that any axiological analysis should be cultural-historical, because the relation to human values were and remain different in different periods of human history. The author notes that international law is based on the universally valid for all mankind values. They are reflected in the generally recognized principles of international law, customary international law, the universal conventions and declarations. The government and the international community were recognizing gradually the universally significant values. The crisis of international political relations at the present stage threatens the existence of fundamental principles of international law and the values protected by them. However, with the development of globalization, we can talk about the formation of new values — the regional cooperation of states for the achievement of the common good. States are forced to participate in regional integration projects in order to be able to confront the challenges of globalization and to trade with other countries in terms of global competition. The value of integration is gradually “wires” in life through activities of bodies and international officials of interstate integration associations. However the principles of regional integration and cooperation, which include liberalization of the market, free movement of goods and services, non-discrimination of participants trade, are not always clearly interpreted and applied by supranational courts; some basic guidelines are only produced. The interaction of states should be based on common elements of the legal culture, as well as on the idea of the unity of kindred peoples laid down in the legal consciousness. Otherwise integration projects may not enjoy the support of the citizens.

Rights of the Child

2017 ◽  
Author(s):  
Asha Bajpai
Keyword(s):  
Civil Society ◽  
International Law ◽  
Legal Framework ◽  
Civil Society Organizations ◽  
Legal Definition ◽  
Rights Of The Child ◽  
The Government ◽  
Definition Of

The chapter commences with the change in the perspective and approach relating to children from welfare to rights approach. It then deals with the legal definition of child in India under various laws. It gives a brief overview of the present legal framework in India. It states briefly the various policies and plans, and programmes of the Government of India related to children. International law on the rights of the child is enumerated and a summary of the important judgments by Indian courts are also included. The chapter ends with pointing out the role of civil society organizations in dealing with the rights of the child and a mention of challenges ahead.

Changes in the Balance of Rights and Obligations: Toward Investor Responsibilization

2017 ◽  
Vol 111 ◽  
pp. 53-55 ◽  
Author(s):  
Laurence Boisson de Chazournes
Keyword(s):  
International Law ◽  
Classical Approach ◽  
African Continent ◽  
Customary International Law ◽  
Investment Protection ◽  
Treatment Standard ◽  
Emerging Trends ◽  
Fair And Equitable Treatment ◽  
Definition Of ◽  
Equitable Treatment

The classical approach to investment protection is that states have obligations and investors have rights. However, there are emerging trends in favor of a rebalancing of rights and obligations of states and investors. In the context of this recalibrated approach, more attention is given to the definition of substantive provisions, such as the fair and equitable treatment standard. There is also a move from investor protection to investor responsibilization. This emerging responsibilization trend can be observed, for example, in recent treaties negotiated on the African continent, and it is also making a foray into customary international law.

Estuaries in European Community Law: Defining Criteria

1998 ◽  
Vol 13 (1) ◽  
pp. 1-22 ◽  
Author(s):  
Philippe Sands ◽  
Caroline Blatch
Keyword(s):  
International Law ◽  
Judicial Review ◽  
Scientific Literature ◽  
Waste Water Treatment ◽  
High Court ◽  
The Government ◽  
Definition Of ◽  
Bodies Of Water ◽  
Economic Considerations ◽  
European Community Law

AbstractIn 1996, the English High Court quashed the Secretary of State's decisions to designate the Humber and Severn bridges as the outer limits of the Humber and Severn Estuaries, for the purposes of implementing the 1991 EC Directive on Urban Waste Water Treatment. The judicial review centred around the meaning of the term "estuary" which, although well established in scientific literature, has apparently never been subject to judicial consideration in EC or international law. In the absence of a clear definition of an estuary, the court held that in designating these bodies of water under the Directive, the government must take into account all the relevant circumstances relating to their objective characteristics-including salinity and topography-having regard to the purpose of the Directive. Economic considerations may not, however, be taken into account in this exercise, in the absence of express provision in the Directive to that effect.

scholarly journals National Digital Currency as a Factor of the Russia’s Economic Revival

2019 ◽  
Vol 12 (1) ◽  
pp. 30-36 ◽  
Author(s):  
V. V. Grigoriev
Keyword(s):  
Legal Framework ◽  
Domestic Economy ◽  
Goods And Services ◽  
Paper Money ◽  
Advantages And Disadvantages ◽  
Digital Currency ◽  
Blockchain Technology ◽  
Current State ◽  
The Government ◽  
Definition Of

The past decade has highlighted the increasing role of virtual electronic digital currency in the financial sphere. This currency is now performing the functions of investment, storage and accumulation rather than solely the function of measuring the value of goods and services. Thus, the virtual digital currency has come to implement all basic functions of paper money.The purpose of the paperwas to put forward the thesis of the feasibility of introduction in Russia of a new virtual national digital currency operating on the basis of the blockchain technology, which will significantly revitalize the domestic economy. The paper provides the definition of the virtual digital currency and its types, discusses its advantages and disadvantages, gives a brief overview of the experience of using this currency in Russia and abroad, shows the current state of cost capitalization of the virtual digital currency and describes the legal framework for the virtual digital currency application. The paperconcludesthat rather than forbidding the crypto currency, there are all the reasons to arrange the issue and circulation of an officially accepted type of a virtual national digital currency that would give a powerful impetus to the development of all spheres of the country’s economy. Special attention is paid to the mechanism of the national digital currency operation with the government participation. Every citizen will be able to get a salary in a few seconds, buy everything he wants, invest in any project. Records of transactions in the user’s personal digital electronic purse will completely relieve him of paperwork. It is important to note that blockchain protocols do not allow transaction canceling or compulsory change of ledger entries. This means that all transactions will become safe and anonymous, and anonymity cannot be violated if only by illegal operations. This will suit all law-abiding citizens of the country. The advantages of the national digital currency will ensure its wide circulation in the country and lead to significant shrinking of the “gray” and “dark” cryptocurrency markets and revival of the domestic economy.

scholarly journals Review of the International scientific-practical conference "International Law in Supporting the Processes of Regional Integration", Kazan

2020 ◽  
Vol 8 (2) ◽  
pp. 46-50
Author(s):  
Rustem Davletgildeev ◽  
Adel' Adullin ◽  
Marsel' Garaev ◽  
Aleksey Sinnyavskiy
Keyword(s):  
International Law ◽  
Regional Integration ◽  
State Law ◽  
State University ◽  
Eurasian Economic Union ◽  
The Government ◽  
Scientific Practical ◽  
Domestic Law ◽  
Practical Conference

The review is dedicated to the international scientific and practical conference «International law in regional integration processes implementation» held at the Faculty of Law of Kazan Federal University in autumn 2019. The conference was attended by leading international law scholars from the Moscow State University n.a. M.V. Lomonosov, Moscow State Law University n.a. O.E. Kutafin, MGIMO University, RUDN University, The Institute of Legislation and Comparative Law under the Government of the Russian Federation, High School of Economics, Nijny Novgorod State University n.a. N.I. Lobachevsky, The Ural State Law University, Yaroslavl State University, academics from universities of EAEU Member States, as well as judges of the Court of Eurasian Economic Union. During the conference, the participants considered the main problems of the theory and methodology of international law, the role of international organizations in ensuring the international law, the role of international judicial institutions, as well as theoretical problems of legal integration in international and domestic law. The authors of this publication acquaint the readers with the programme, the main contents of the participant’s presentations and the results of the conference.

scholarly journals Edit TABLE OF CONTENTS Download the entire issue (PDF) Front Pages i-viii The Management of the Coronavirus Emergency by the Italian Government and the Relationship between State and Regions Gloria Marchetti 129 The Rule of Law and National Security in Nigerian Democracy: A Contemporary Issue under the Aegis of International Law Isaac O. C. Igwe 149 Regional Cooperation and State Sovereignty

2021 ◽  
Vol 7 (2) ◽  
pp. 169-188
Author(s):  
Babalola Abegunde
Keyword(s):  
International Law ◽  
Regional Integration ◽  
Regional Cooperation ◽  
Outer Space ◽  
State Sovereignty ◽  
Global Trend ◽  
Celestial Bodies ◽  
Antarctic Treaty ◽  
General Assembly Resolution ◽  
The Antarctic

Bearing in mind that international cooperation and solidarity are fundamental principles underlying the endeavour of international law, reflected in General Assembly Resolution 2625 (XXV) which affirms the duty of states to cooperate with one another in accordance with the Charter, as well as international agreements, such as the United Nations Convention on the Law of the Sea, the Treaty on Principle Governing the Activities of States in the Exploration and Use of Outer Space including the Moon and Other Celestial Bodies, and the Antarctic Treaty which reflect and address global concerns. This paper is a desk-based (non-empirical) research which examines the impacts and implications as well as theories of regional integration or cooperation on the member state’s sovereignty, among others. It reveals regional cooperation has both the upside and downside. It concludes that regional cooperation is global trend; it will have different effects in different regions and development issues. Keywords: Obstacles; Impacts State Cooperation; Regionalism; Rational; Supranationalism; State Integration; State Sovereignty.

scholarly journals Instruments to measure the successfulness of political parties

2005 ◽  
pp. 395-403
Author(s):  
Uros Suvakovic
Keyword(s):  
Political Parties ◽  
Political Party ◽  
The Political ◽  
Measuring Instruments ◽  
Local Leadership ◽  
Political Relations ◽  
Basic Goal ◽  
The Government ◽  
The One ◽  
Definition Of

Social sciences should always aim to reach the highest possible level of exactness, as much as they can when one has in mind their topic of research. In the case of research about political parties, we believe that it is possible - with relatively exract indicators - to establish their successfulness and quantify it by using two measuring instruments: the ten-member graphic scale of successfulness of political parties and the index of successfulness of political parties. Political parties are political organizations of ideological-political like(similar)-minded persons who create associations lasting relatively long period of time to promote specific programme standpoints with the basic goal to win, that is stay in power or participate in power. Through power, they realize and confirm the interests, values and goals of those social groups which they tend to represent, as a rule trying to present these interests, values and goals as general, that is as global as possible. This definition of the notion of political party clearly indicates that its basic goal is winning, that is staying or at least participating in power. Therefore, to measure the successfulness of political parties means to determine the degree a party succeeded in realizing that basic goal of any party. Since the political power is implemented through the parliament and the government is a product of the power relations in it, one could assume that successful political parties are only those which have a parliamentary status. How much one of them would be successful depends on the position it can ensure for itself in a concrete constellation of political relations. Among the successful ones the least successful is the political party which has a parliamentary status but it is in the opposition and not leading this opposition - so it has no influence on the government (the position 6 on the scale); the most successful party is the one which has enough power to form the government alone (position 10). From the standpoint of any party - winning, staying or participating in power, the nonparliamentary parties are unsuccessful political parties. Amnog them, the most unsuccessful is the party which just satisfied the conditions for registration, whose leaders meet twice a year and which formed at least 5 local leadership bodies (the position 1 on the scale); the least unsuccessful political party is the party which won more than 3% of the votes of those who voted at the parliamentary elections, but is below the census proposed for entering the parliament or which managed to nominate at least 10% of the total number of the candidates for the representatives in the assemblies of the local communities at the municipal rank (position 5). While calculating the index of successfulness, each party is given a number of points for every year - these points reflect the position of that party on the scale of successfulness for that year (for example, the party X has the position 5 in 1993 and it gets 5 points). Since the index of successfulness is calculated for the period of 10 years, the sum of points acquired for these 10 years is divided by the number 10 to get the index of successfulness of political parties.

scholarly journals Między Marokiem a Algierią

Politeja ◽  
2021 ◽  
Vol 18 (6(75)) ◽  
pp. 143-157
Author(s):  
Robert Kłosowicz
Keyword(s):  
Regional Cooperation ◽  
Active Role ◽  
African Union ◽  
Western Sahara ◽  
Political Relations ◽  
Social Protests ◽  
The Government ◽  
To Come ◽  
Hard Place

Between Morocco and Algeria: Mauritania and the question of Western Sahara Following the change of government and the election of a new president, Mauritania makes it clear that it hopes to resolve the issue of Western Sahara, which has divided Morocco and Algeria since the mid-1970s and still poses a serious problem to Mauritanian foreign policy. Mauritania in this dispute is between the proverbial rock and a hard place, trying not to come into conflict with any of the powerful neighbors, each of whom aspires to the role of a leader in the region. The conflict also casts a shadow on regional cooperation within the Arab Maghreb Union, which, if it functioned, could greatly help in the economic development of the region, especially important for the economically weakest Mauritania. Over the last few years, Nouakchott has maintained the position of the so-called “positive neutrality” which irritated the authorities in Rabat and created tense political relations with Morocco. The current striving for a more active role in the process of resolving the Western Saharan conflict seems to be largely dictated by the internal situation in Algeria and its troubles related to social protests demanding changes at the top of the government. Algeria has been the greatest ally of the Polisario Front and the Sahrawi cause so far. It is also not without significance that Morocco, after years of absence, returned to the African Union – the move, which definitely strengthened Morocco’s position among the countries of the continent.

scholarly journals Teacher Voice: how is it shaped?

2011 ◽  
pp. 43
Author(s):  
Claudia Yolanda Becerra Camargo
Keyword(s):  
Critical Pedagogy ◽  
Teacher Voice ◽  
Reflective Process ◽  
Political Relations ◽  
Curricular Choices ◽  
Key Issues ◽  
The Government ◽  
Definition Of ◽  
Relations Of Power

This article aims at being an invitation for the readers to reflect upon the way in which our voices as teachers are shaped. My own reflective process geared me towards the characterization of three key issues which –from my personal and professional experience- shape teacher voice. They are: the political relations of power, the curricular choices we make and their implications, and the government policies. Grounded on some Critical Pedagogy scholars, I define first, Critical pedagogy from my personal stand. Second, I present the definition of teacher voice, from different perspectives, including mine. Third, I describe and illustrate each of the three central features that may shape our voices as teachers and finally, I state some conclusions and pedagogical implications.

scholarly journals Regionalisation or Regionalism? The Contemporary Legal Status of Cooperation in the South Pacific

2020 ◽  
Vol 11 ◽  
pp. 101-116
Author(s):  
Joanna Siekiera
Keyword(s):  
International Law ◽  
Economic Integration ◽  
Regional Integration ◽  
Legal Status ◽  
Regional Cooperation ◽  
South Pacific ◽  
Legal Aspects ◽  
The South ◽  
The Pacific ◽  
The Pacific Ocean

This article aims to analyse the legal status of regional cooperation among the South Pacific countries and territories, as not every entity in the Pacific Basin possesses International law features of a state. Regionalisation, as well as regionalism, as illustrated by the example of the South Pacific region, is a new topic to examine, especially in the Polish and European literature. Therefore, this topic does need further and deeper analysis. First of all, both regionalism and regionalisation are international phenomena that were set against the process of globalisation only in the last two decades of the 20th century. Secondly, the Pacific Ocean became more dominant in geopolitics than the Atlantic Community at the beginning of 21st century. There are many publications regarding local cooperation mechanisms worldwide. Most of them, though, concern political and/or economic integration, and neglect the legal aspects of regional integration. The outcome of this article is nonetheless to present the contemporary legal statusof the South Pacific cooperation, though it is at the stage of regionalisation, while not yet regionalism – fully formalised and structuralised just as it is on the other continents.

Sign in / Sign up

Export Citation Format

Share Document