scholarly journals CONTEMPORARY APPROACHES TO THE THEORIES OF RECOGNITION OF NEW STATES IN INTERNATIONAL LAW

2016 ◽  
pp. 0-0
Author(s):  
Анвар Хасанов ◽  
Anvar Khasanov
Keyword(s):  
International Law ◽  
Point Of View ◽  
Present Stage ◽  
Mixed Theory ◽  
Stage Of Development ◽  
New States ◽  
The Creation ◽  
Jus Cogens

The article examines the problem of recognition of new states in international law. The author considers the concept, sources, theories, criteria of the institution of recognition of new states. The author analyzes various theories of the Institute of recognition of states, taking into account the provisions of the international law doctrine and practice. The author notes that at the present stage of development of the institute of recognition we should be guided by the mixed theory of recognition as the most corresponding to international law, and by States’ practice. The author discloses criteria for the recognition of States enshrined in international legal acts. At the same time, the author singles out the criterion of the legality of new states’ emergence. The conclusion is that the creation of a new State as a subject of international law is legitimate, if its appearance corresponds to the fundamental principles of international law. The appearance of a new state must not violate the mandatory principles of international law jus cogens, otherwise, a territorial formation can not claim to be internationally recognized and must be considered from the point of view of international law as illegally created.

scholarly journals Customary International Rules in Contemporary International Law // Međunarodna običajna pravila u savremenom međunarodnom pravu

2019 ◽  
Vol 9 (9) ◽  
pp. 136
Author(s):  
Duško Glodić
Keyword(s):  
International Relations ◽  
International Law ◽  
Legal Framework ◽  
International Community ◽  
Point Of View ◽  
Customary International Law ◽  
Practical Point ◽  
Legal Norms ◽  
State Practice ◽  
The Creation

This article explores the role and importance accorded to customary international law in contemporary international law. First of all, the author has explored a number of issues related to this topic. Particluarly, the manner in which norms of customary international law are being established through the relevant State practice and the formation of opinio juris, as well as how the changes in contemporary international relations generated some chages in custromary international law were examined from both theretical and practical point of view. Than, the article elaborated, in a more concrete manner, different ways of impact of changes in international relations and subjects of international law to the formation of customary international rules. It has also paid attention to the evolution in international law and its reflection to the creation of international legal norms, including customary rules. The article concluded that, despite an ever increasing number of treaties, customary rules are still present in international law and are important for regulation of international relations, thus ensuring that dynamics and developments within the international community are followed by the development of legal framework.

Gender differentiated anthroponyms in english language and their structural features

2019 ◽  
Vol 12 (21) ◽  
pp. 135-140
Author(s):  
Alina Kutsa ◽  
◽  
Larisa Kolodina ◽  
Keyword(s):  
Gender Differences ◽  
English Language ◽  
Morphological Structure ◽  
Structural Features ◽  
Point Of View ◽  
Present Stage ◽  
Grammatical Category ◽  
Personal Names ◽  
Stage Of Development ◽  
The Status

At the present stage of the development of linguistics, there is no single definition of the status of the genus category in English. The revision of the status of the category of the genus in English took place after the introduction of the concept of «gender» into linguistics, which contributed to the emergence of linguistic science – genderology. Thus, the grammatical category of the genus has been transformed into the linguistic and sociocultural category of gender. In order to gain a deeper understanding of the tendency of the development of anthroponymic systems, it is necessary to analyze the gender differences of personal names, considering separately and comparing the male and female anthroponymicon of language. Determining the status of the genus category is still problematic at the present stage of the development of linguistics in English language, as the grammatical category of the genus in English remains not accepted by many scholars. The article identifies and examines the gender indicators that were characteristic at different stages of the development of the anthroponymicon in English language. The research findings show that gender differentiation of personal names in English language was formed from the very beginning of the development of this system; therefore, it reflects the different ways of marking the gender affiliation of names that were characteristic at different stages of development of the anthroponymicon. In addition to the common anthroponymic suffixes, gender-particular indicators specific to English language only were identified. The results of the analysis revealed that the female anthroponymicon is more diverse than the male. Besides, in the article with the help analysis of gender differences in personal names was revealed the factors that have an impact on neutralization in the anthroponymic sphere in today's society. The analysis showed that in the anthroponymic system of English, the number of gender-indifferent personal names is 12 % of the total number of names analyzed. This result is quite natural and understandable from the point of view of the morphological structure of the language units and the absence of the category of the genus in English. The above material indicates that the genus of a personal name can be determined by correlating that name with its carrier and his or her biological article, although there are also a number of features by which its genus can be established. At the present stage of development of language and culture, there is a tendency to neutralize the gender differences of personal names. This is a testament to the exacerbation of gender equality importance and the erasure of gender frameworks and differences.

scholarly journals The principle of equal rights and self-determination of peoples within the system of the fundamental principles of international law

2021 ◽  
pp. 39-53
Author(s):  
Azer Kagraman Ogly Kagramanov
Keyword(s):  
Human Rights ◽  
International Law ◽  
International System ◽  
Self Determination ◽  
Equal Rights ◽  
Legal Concept ◽  
Stage Of Development ◽  
Jus Cogens ◽  
Multiple Experts

The subject of this research is the place and role of the principle of equal rights and self-determination of peoples within the system of the fundamental principles of international law. Analysis is conducted  on the basic questions of the theory of international law – correlation between the principle of self-determination with other peremptory norms (jus cogens) and moral-ethical categories. Special attention is given to the problem of building a hierarchy of the fundamental principles of international law. A bias towards one of them leads to the disruption of the international system and order, and any attempts to extract a single link out of closely related principles of the international law are doomed to fail. The conclusion is drawn that multiple experts in international law try to build the system by extracting key link, which raises serious doubts. The author believes that all the principles of international law are interrelated and equal. The emerged at the turn of the XX – XXI centuries international legal concept of the “Responsibility to Protect” is of crucial importance. The concept interacts with the principle of respect for the human rights. The author concludes that universalization of human rights at the current stage of development of the international law can reveal the new aspects of the problems of state sovereignty and the right to self-determination. The author warns against the attempts to universalize human rights by giving priority, along with other principles. The author follows the logic of correlation of the principle of self-determination with other fundamental principles of international law such as: nonintervention in the internal affairs and non-use of force or threat of force, sovereignty, peaceful settlement of disputes by all means known to international law, cooperation between states and diligent discharge of obligations in accordance with the international law underlie the solution to the problem of self-determination; if various aspects of this problem extend beyond a single state, then acquire international scale.

The Competence of the Mixed Arbitral Courts of the Treaty of Versailles

1923 ◽  
Vol 17 (4) ◽  
pp. 661-690 ◽  
Author(s):  
Karl Strupp
Keyword(s):  
International Law ◽  
League Of Nations ◽  
Point Of View ◽  
International Arbitration ◽  
Labor Laws ◽  
International Rivers ◽  
Treaty Of Versailles ◽  
International Labor ◽  
The Creation ◽  
Laws And Regulations

Regardless of what we may think of the Treaty of Versailles, we must admit that it contains indications of farsightedness and broad vision. Among these I include the Covenant of the League of Nations and the clauses relating to international rivers and international labor laws. But even apart from these groups of laws and regulations, the provisions of the treaty which aim to submit disputes arising out of an especially important part of the treaty to international arbitration constitute, from the point of view of international law and considered in an abstract way—that is, only with reference to their creation and their significance for the development of international law and international arbitration—a real accomplishment, the fulfilment of wishes expressed even before the war by such scholars as von Bar, Meurer, Wehberg and Ludwig Wertheimer. At the same time the creation of the arbitral courts in the sense of Part X, Section VI, confirms the fact that the tendency toward arbitral settlement of such disputes even as arise from treaties of peace, to which I already called attention before the war, has not been abandoned on account of the war. This was proved by the German treaties with the Eastern countries and is now again indicated by the Treaty of Versailles.

4. The actors in the international legal system

2021 ◽  
pp. 57-79
Author(s):  
Anders Henriksen
Keyword(s):  
International Law ◽  
International Society ◽  
International Organizations ◽  
Legal System ◽  
Legal Personality ◽  
System P ◽  
New States ◽  
International Legal System ◽  
State Succession ◽  
The Creation

International society is first and foremost a society of individual sovereign states. However, states are by no means the only relevant actors in international law. In fact, one of the consequences of the post-1945 expansion of international law into areas that had traditionally been of limited international interest has been the increasing legal importance of a variety of non-state actors, most notably international organizations and individuals. This chapter introduces the various actors in the international legal system that possess rights, powers and obligations in international law. It provides a thorough presentation of statehood and the criteria for the creation of new states, and briefly discusses the (limited) legal significance of recognition. It discusses the modes by which a state can acquire title to new territory; the issues of state succession and state extinction; and the legal personality of territorial entities other than states, international organizations, individuals and additional actors in the international legal system.

What Is So Special About Jus Cogens? – On the Difference between the Ordinary and the Peremptory International Law

2012 ◽  
Vol 14 (1) ◽  
pp. 3-18 ◽  
Author(s):  
Ulf Linderfalk
Keyword(s):  
International Law ◽  
General Definition ◽  
Vienna Convention ◽  
Present Essay ◽  
The Creation ◽  
The Difference ◽  
Definition Of ◽  
Jus Cogens ◽  
The Relationship ◽  
Legal Consequences

Abstract What, exactly, is it about jus cogens that distinguishes it from ordinary international law? In answering this question, international lawyers usually resort to the “the Legal-Consequences-as-Criterion Theory”: while ordinary international law can be rebutted or modified in accordance with the duly expressed will of states, jus cogens norms permit no derogation and allow modification only by the creation of a new norm having the same character. In the present essay, this theory is subjected to analysis and assessment. Section 2 inquires into the relationship between the Legal-Consequences-as-Criterion Theory and the general definition of jus cogens reflected in Article 53 of the 1969 Vienna Convention. As argued, Article 53 is entirely reliant upon the validity of the Legal-Consequences-as-Criterion Theory. Sections 3 and 4 inquire into the assumptions underlying this same Theory. As argued, the Theory does not provide good reasons for the distinction between jus cogens and ordinary international law.

scholarly journals Administrative Responsibility in the Field of Genetic Engineering in Germany

2020 ◽  
Vol 15 (7) ◽  
pp. 188-196
Author(s):  
L. V. Standzon
Keyword(s):  
Genetic Engineering ◽  
Public Relations ◽  
Point Of View ◽  
Present Stage ◽  
Stage Of Development ◽  
German Legislation ◽  
Further Development ◽  
Administrative Responsibility

At the present stage of development, genetic engineering is characterized by ambiguous achievements. For its further development, it seems necessary to study the legislation establishing administrative responsibility in the specified sphere of public relations. The analysis of the German legislation in the field of genetic engineering made it possible to reveal the features of administrative responsibility for committing administrative offenses. The author defines the features of the institute of administrative responsibility in the field of genetic engineering in Germany from the point of view of their development and consolidation in the legislation on administrative offenses. The main types of administrative offenses in the field of genetic engineering in Germany are considered. Particular attention is given to administrative penalties applied for violation of the legislation on genetic engineering. Based on the analysis of the regulatory regulation of administrative responsibility in the field of genetic engineering, possible areas for further improvement of administrative responsibility in Germany are identified. The variety of violations in the field of genetic engineering makes it possible to conclude that it is necessary to expand and consolidate new types of administrative offenses in the legislation on administrative responsibility.

scholarly journals Adaptive learning to enhance students understanding in learning technology experience

2020 ◽  
Vol 9 ◽  
pp. 32-42
Author(s):  
Nashmi Alrashedi
Keyword(s):  
Adaptive Learning ◽  
Educational Environment ◽  
Educational Process ◽  
Psychological Climate ◽  
Self Determination ◽  
Learning Technology ◽  
Present Stage ◽  
Stage Of Development ◽  
Technology Experience ◽  
The Creation

One of the difficult problems at the present stage of development of education is the creation of conditions for the full realization of the student's personality. As one of the ways to solve it, the creation of an adaptive educational process is considered, which is built taking into account the capabilities of students, focuses on meeting their diverse needs and interests, provides conditions for their life self-determination and self-realization, creates a favorable psychological climate for the pedagogical interaction of all subjects of the educational environment. Thus, the paper is based upon adaptive education technologies used to reflect the cooperation of subjects, dialogue, the solution of personally significant tasks, free testing of experience. 

scholarly journals Development of International Investment Law within the Framework of the Eurasian Economic Union

2021 ◽  
Vol 15 (3) ◽  
pp. 77-81
Author(s):  
E. V. Chuguevskaya
Keyword(s):  
Regional Cooperation ◽  
Legal Regulation ◽  
International Investment ◽  
Free Movement ◽  
Present Stage ◽  
International Investment Law ◽  
Stage Of Development ◽  
Investment Law ◽  
The Creation ◽  
Free Movement Of Capital

At the present stage of development of international investment relations, national legislation is not able to fully ensure the regulation of international investment relations, single-handedly create the conditions necessary for the free movement of capital, and adequately ensure that the rights and interests of foreign investors are respected. Free movement of capital requires similar principles, forms and methods of their legal regulation, which contributes to the creation of a single legal space. However, at the present stage of development of international law, the creation of a global and effective investment law is not possible. Regional cooperation between states is of particular importance in such conditions.

The Hellenic Crisis from the Point of View of Constitutional and International Law

1917 ◽  
Vol 11 (2) ◽  
pp. 327-357
Author(s):  
Theodore P. Ion
Keyword(s):  
International Law ◽  
Point Of View ◽  
Previous Article ◽  
Historical Events ◽  
Large Section ◽  
The Creation ◽  
Of Greece

The summary review in the previous article of the historical events which culminated in the creation of the Hellenic Kingdom, and the vicissitudes which Greece underwent from the time of the declaration of her independence up to the year 1911, when her Constitution of 1864 was revised, plainly show that the Hellenic people never for a moment thought of submitting themselves to autocracy, but on the contrary asserted their determination to live under a democracy. Hence the murder of their first president, or governor Capodistrias, the deposition of their first king, Otho, and the abjuration now by a large section of the Hellenic nation both in and out of Greece, of their present ruler, Constantine, who, under the cloak of the Constitution, rules the part of the country still under his dominion, not as a constitutional King of the Hellenes, but as an absolute monarch.

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