New in international law in the era of challenges and threats

2017 ◽  
Author(s):  
Лариса Волова ◽  
Larisa Volova
Keyword(s):  
International Law ◽  
The State ◽  
New Developments ◽  
Global Challenges ◽  
Level Of Training ◽  
State Of Affairs

The article draws attention to the fact that in today's global challenges and threats, a number of scientists and politicians expressed their opinion on the crisis of international law. The author proves that there are no grounds to qualify the state of affairs with international law as its "crisis". The author considers some crisis phenomena with international law, difficulties with interpretation, and especially with the application of some of its principles, norms and institutions. An assessment is made of the new developments that have occurred with international law in connection with global challenges and threats. The necessity and ways of raising the level of training of lawyers in the field of international law are substantiated.

The development of new anti-personnel weapons

1990 ◽  
Vol 30 (279) ◽  
pp. 565-577 ◽  
Author(s):  
Louise Doswald-Beck ◽  
Gérald C. Cauderay
Keyword(s):  
International Law ◽  
The State ◽  
Good Faith ◽  
Customary Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
New Developments ◽  
Additional Protocol ◽  
Study Development

Article 36 of Additional Protocol I of 1977 states that:“In the study, development, acquisition or adoption of a new weapon, means or method of warfare, a High Contracting Party is under an obligation to determine whether its employment would, in some or all circumstances, be prohibited by this Protocol or by any other rule of international law applicable to the High Contracting Party”.The provision is not new law, but codifies the customary law duty of implementing a treaty or customary rule in good faith. Article 36 does, however, draw attention to the fact that new developments in weapons are quietly going on, and that care must be taken, before their deployment, that their use in some or all circumstances does not violate international humanitarian law. Although the duty to determine in advance the legality of the use of new weapons lies with the State developing them, other States have a legal interest in ensuring that this is done.

BERLAKU DAN KEABSAHAN PERJANJIAN INTERNASIONAL DALAM PANDANGAN HUKUM INTERNASIONAL

2019 ◽  
Vol 1 (1) ◽  
pp. 95-103
Author(s):  
Komang Sukaniasa
Keyword(s):  
International Law ◽  
International Agreements ◽  
The State ◽  
International Agreement ◽  
International Treaties ◽  
International Treaty ◽  
Binding Force ◽  
International Rights ◽  
Legal Consequences ◽  
Made In

International agreements are agreements between international subjects that give rise to binding obligations in international rights, which can be bilateral or multilateral. Based on these opinions, an understanding can be taken that international treaties are agreements or agreements entered into by two or more countries as subjects of international law that aim to cause certain legal consequences. International agreements, whether ratified or through approval or acceptance or accession, or other methods that are permitted, have the same binding force as ratified international treaties established in the Ratification Law of International Treaties. Once again, it is equally valid and binding on the state. Therefore, the authors consider that the position of international treaties are not made in the form of the Ratification Act of the International Agreement but are binding and apply to Indonesia. Then Damos Dumoli Agusman argues that ratification originates from the conception of international treaty law which is interpreted as an act of confirmation from a country of the legal acts of its envoys or representatives who have signed an agreement as a sign of agreement to be bound by the agreement.

A Better Solution to the General Problem of Creation

2017 ◽  
Vol 9 (1) ◽  
pp. 147-162
Author(s):  
Jeremy W. Skrzypek
Keyword(s):  
Recent Work ◽  
General Problem ◽  
The State ◽  
State Of Affairs ◽  
Better Than

It is often suggested that, since the state of affairs in which God creates a good universe is better than the state of affairs in which He creates nothing, a perfectly good God would have to create that good universe. Making use of recent work by Christine Korgaard on the relational nature of the good, I argue that the state of affairs in which God creates is actually not better, due to the fact that it is not better for anyone or anything in particular. Hence, even a perfectly good God would not be compelled to create a good universe.

A model of the analysis of the dynamics and structure of socio-economic development (an example of the set of the largest Polish cities in the years 1998–2015)

2019 ◽  
Vol 63 (1) ◽  
pp. 25-37
Author(s):  
Lidia Mierzejewska ◽  
Jerzy Parysek
Keyword(s):  
Principal Component Analysis ◽  
Economic Development ◽  
Development Process ◽  
Principal Component ◽  
The State ◽  
Geographical Research ◽  
Development Policies ◽  
Socio Economic Development ◽  
Development Processes ◽  
State Of Affairs

Abstract The complexity of the reality studied by geographical research requires applying such methods which allow describing the state of affairs and ongoing changes in the best possible way. This study aims to present a model of research on selected aspects of the dynamics and structure of socio-economic development. The idea was to determine whether we deal with the process of reducing or widening the differences in terms of individual features. The article primarily pursues a methodological goal, and to a lesser extent an empirical one. The methodological objective of the paper was to propose and verify a multi-aspect approach to the study of development processes. The analyses carried out reveal that in terms of the features taken into account in the set of 24 of the largest Polish cities the dominating processes are those increasing differences between cities, which are unfavourable in the context of the adopted development policies aiming at reducing the existing disparities. In relation to the methodological objective, the results of the conducted research confirm the rationale of the application of the measures of dynamics and the feature variance to determine the character (dynamics and structure) of the socio-economic development process of cities. Comparatively less effective, especially for interpretation, is the application of principal component analysis and a multivariate classification, which is mainly the result of differences in the variance of particular features.

The Scope and Content of Section 75(1)(a) of the Zimbabwean Constitution: An International Law Approach

2020 ◽  
Vol 53 (2) ◽  
Author(s):  
Chiedza Simbo
Keyword(s):  
International Law ◽  
Education System ◽  
Basic Education ◽  
The State ◽  
Education Act ◽  
The Government ◽  
The Right ◽  
Basic Education System

Despite the recent enactment of the Zimbabwean Constitution which provides for the right to basic education, complaints, reminiscent of a failed basic education system, have marred the education system in Zimbabwe. Notwithstanding glaring violations of the right to basic education by the government, no person has taken the government to court for failure to comply with its section 75(1)(a) constitutional obligations, and neither has the government conceded any failures or wrongdoings. Two ultimate questions arise: Does the state know what compliance with section 75(1)(a) entails? And do the citizens know the scope and content of their rights as provided for by section 75(1)(a) of the Constitution of Zimbabwe? Whilst it is progressive that the Education Act of Zimbabwe as amended in 2020 has addressed some aspects relating to section 75(1)(a) of the Constitution, it has still not provided an international law compliant scope and content of the right to basic education neither have any clarifications been provided by the courts. Using an international law approach, this article suggests what the scope and content of section 75(1)(a) might be.

Development of Interethnic Relations in Bosnia and Herzegovina in the First Decades after the Second World War

2018 ◽  
Vol 13 (3-4) ◽  
pp. 87-96
Author(s):  
Elena Yu. Guskova
Keyword(s):  
Ethnic Identity ◽  
Bosnia And Herzegovina ◽  
Second World War ◽  
The State ◽  
World War ◽  
Interethnic Relations ◽  
The Republic ◽  
State Of Affairs ◽  
First Time ◽  
Second World

The article is devoted to the analysis of interethnic relations in Bosnia and Herzegovina (BiH) in the 1940s and 1960s. The article is based on materials from the archives of BiH, Croatia, Slovenia, Yugoslavia. The documents show the state of affairs in the Republic – both in the economy and in ideology. In one or another way, all of them reflect the level of tension in the interethnic relations. For the first time, the article presents the discussion on interethnic relations, on the new phenomenon in multinational Yugoslavia – the emergence of a new people in BiH under the name of “Muslim”. The term “Muslims” is used to define the ethnic identity of Bosniaks in the territory of BiH starting from the 1961 census.

Confronting the Pathologies of International Law

2018 ◽  
Author(s):  
John Linarelli ◽  
Margot E Salomon ◽  
Muthucumaraswamy Sornarajah
Keyword(s):  
International Law ◽  
The State ◽  
Theory Of Justice

This chapter offers an argument on why the international law on trade, investment, and finance is subject to the demands of justice. It also looks at how those demands are greater than the basic minimums often suggested as applicable outside the state. International law is subject to the demands of justice because of its role as an institution essential to global cooperation, because it affects how people live their lives, because of its historic role in perpetuating and legitimizing moral wrongs, and because it can lead to domination and the deprivation of freedom. After elaborating these grounds, this chapter proceeds to a theory of justice for international law. International law must meet a standard of respect and ‘justification to’ each person, particularly those in weaker positions. International law cannot treat any person as only a passive recipient or supplicant to rules that benefit those in power or stronger positions.

Legitimacy

2019 ◽  
Keyword(s):  
International Law ◽  
The State ◽  
State Sovereignty ◽  
International Courts ◽  
The Rule Of Law ◽  
State Legitimacy ◽  
The Relationship ◽  
Supranational Institutions

This collection brings together scholars of jurisprudence and political theory to probe the question of ‘legitimacy’. It offers discussions that interrogate the nature of legitimacy, how legitimacy is intertwined with notions of statehood, and how legitimacy reaches beyond the state into supranational institutions and international law. Chapter I considers benefit-based, merit-based, and will-based theories of state legitimacy. Chapter II examines the relationship between expertise and legitimate political authority. Chapter III attempts to make sense of John Rawls’s account of legitimacy in his later work. Chapter IV observes that state sovereignty persists, since no alternative is available, and that the success of the assortment of international organizations that challenge state sovereignty depends on their ability to attract loyalty. Chapter V argues that, to be complete, an account of a state’s legitimacy must evaluate not only its powers and its institutions, but also its officials. Chapter VI covers the rule of law and state legitimacy. Chapter VII considers the legitimation of the nation state in a post-national world. Chapter VIII contends that legitimacy beyond the state should be understood as a subject-conferred attribute of specific norms that generates no more than a duty to respect those norms. Chapter IX is a reply to critics of attempts to ground the legitimacy of suprastate institutions in constitutionalism. Chapter X examines Joseph Raz’s perfectionist liberalism. Chapter XI attempts to bring some order to debates about the legitimacy of international courts.

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