scholarly journals AIR SOVEREIGNTY AND NO-FLY ZONES

2016 ◽  
Vol 1 (1) ◽  
pp. 99
Author(s):  
Agus Pramono
Keyword(s):  
International Law ◽  
Basic Element ◽  
State Sovereignty ◽  
Legal Regulations ◽  
Review Of Literature ◽  
Sovereign State

Sovereignty of a state in essence is an embedded, basic element of a state as a supreme power. However, the sovereignty of a state can only be applied within its own borders, where outside of its own territory the sovereignty of another country takes over. This research was carried out based on the approach of current legal regulations and review of literature. The study showed that airspace sovereignty is, in principle, embedded to a state of which ownership is exclusive in nature. No-fly zones are airspace in which a sovereign state determines to be restricted for flight traffic based on the existing international and national regulations. Keywords: State sovereignty, No-fly zone, International law

The Existing Cause of Biafra and its Right to Self-determination

2020 ◽  
pp. 1-19
Author(s):  
Yinka Olomojobi
Keyword(s):  
International Law ◽  
Regional Differences ◽  
The State ◽  
Self Determination ◽  
State Sovereignty ◽  
The South ◽  
Sovereign State ◽  
Independent States ◽  
The Right

Abstract There has been recent agitation for self-determination in the south-east of Nigeria for the state known as Biafra (a pro-secessionist group). The principle of self-determination is a well-debated discourse since it connects with the right to secede and create a sovereign state. Like a marriage at gunpoint, a reluctant partner will always want a way out of the marriage, and will take a hike at the first opportunity. Given this political inheritance, Nigeria has fallen prey to several attempts to undermine state sovereignty originating in ethnic and regional differences. The controversy has concerned both the principle’s status in international law and its charter. This principle has played a prominent part in the emergence of former colonies as independent states. The aim of this article is to explore the ongoing agitation for a Biafran Republic and to assess whether it is in conformity with the right to self-determination.

scholarly journals The Protection of Foreigners in International Law

2021 ◽  
Vol 2 (1) ◽  
pp. 18-24
Author(s):  
Ferry Eka Rachman
Keyword(s):  
International Law ◽  
Legal Protection ◽  
State Sovereignty ◽  
State Responsibility ◽  
Citizenship Status ◽  
Sovereign State ◽  
Legal Principles ◽  
Legal Provisions ◽  
International Court ◽  
Main Basis

This research aims to find out legal protection against foreigners and citizens who lives outside their nationality country. In discussing the issue of international legal protection against foreigners, a doctrinal approach and international court practice is used. From the opinion of international legal experts, it will be found legal principles and theories regarding the position of individuals as subjects of international law. The principles of citizenship are the main basis for the application of the principle of jurisdiction and country responsibility towards its citizens and foreigners.The results are, In principle, every country will be responsible for providing legal protection to every citizen of the country wherever he/she is and foreigners will receive legal protection, under certain limitations, both from the country where he/she is temporarily located and from the country of origin. Thus, a person's citizenship status is closely related to the protection of international law that will be given to him/her, against him/her, his/her property and family. The application of the principle of state responsibility against citizens abroad or foreigners is based more on the principle of state sovereignty. A sovereign state will apply its national laws to its citizens within its territorial boundaries. Apart from that what applies is legal provisions of other countries or provisions of international law.

scholarly journals The criteria for self determination and recognition as a sovereign state: Case of Kosovo

2020 ◽  
Vol 5 (4) ◽  
Author(s):  
Nancy Namisi Siboe
Keyword(s):  
International Law ◽  
Self Determination ◽  
State Sovereignty ◽  
Sovereign State ◽  
History Of ◽  
The Subject ◽  
United Nations Charter ◽  
State Case ◽  
Political Decisions ◽  
Geographical Locations

Self-determination is a controversial issue in public international relations as well as in international law. The rise of groups of people in different geographical locations of the world, seeking alienation and recognition, as independent sovereign state cannot therefore continued to be ignored. The protection of the inviolable right of state sovereignty as provided for under the preamble of the United Nations Charter cannot be shoved under the carpet. It is now a public debate on whether state sovereignty has to be protected at all costs including ignoring pressure from proponents of self-determination. What then are the characteristics or criteria that qualifies a group to be entitled to secession? The aim of this article is to look at the brief history of self-determination and assess the criteria considered for declaration of sovereignty. The case of Kosovo will be considered extensively. The author seeks to fill the gap in existing literature on whether recognition automatically confers upon meeting the laid down requirements or political decisions also hold water. The methodology used is theoretical It is clear from the results that the subject of graduation from self-determination to state sovereignty is an issue not so much of legality but political recognition by the international community. This research will positively contribute to the debate surrounding self-determination and sovereignty. It will at least demystify the fog surrounding this highly contested principle. The research will help in widening the criteria for state sovereignty to include political recognition. The author proposes more studies in the area of whether political recognition is legal when making international law decisions.

scholarly journals DIGITALIZATION — A FACTOR OF TRANSFORMATION OF STATE SOVEREIGNTY AS AN INTERNATIONAL LEGAL CATEGORY IN UN DOCUMENTS AND A VALUE IN THE CONSTITUTIONS OF THE CIS MEMBER STATES

2021 ◽  
pp. 224-232
Author(s):  
V. BURLA
Keyword(s):  
International Law ◽  
Information And Communication Technologies ◽  
Legal Protection ◽  
Communication Technologies ◽  
Basic Element ◽  
State Sovereignty ◽  
Member States ◽  
A Value ◽  
Legal Context ◽  
Information And Communication

This article deals with the influence of globalization, information and communication technologies on the scientific understanding of sovereignty as an international legal category and constitutional value. The category "sovereignty" in its axiological dimension acts as a basic element of the national system of constitutional values. In the international legal context, the principle of respect for the sovereignty of the state is a system-forming one. It is noted that due to the dualistic value nature, sovereignty is subject to protection by both national constitutional legislation and international law. The author analyzes UN documents and the constitutions of the CIS member States and suggests ways to optimize the legal protection of state sovereignty in the digital environment.

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.

Perspectives canadiennes de droit international public et privé relatives à la maîtrise du territoire

1991 ◽  
Vol 28 ◽  
pp. 29-116
Author(s):  
Gerald Goldstein
Keyword(s):  
International Law ◽  
Free Trade Agreement ◽  
Trade Agreement ◽  
State Sovereignty ◽  
Effective Control ◽  
Territorial Disputes ◽  
Real Property ◽  
Full Account ◽  
Global Policy ◽  
Droit International

SummaryState sovereignty manifests itself through all the powers a state exercises over its territory: it is one of the basic components of sovereignty according to international law. Sovereign power involves controlling territory with a degree of efficiency sufficient to prove the existence of the state. But according to some, state sovereignty has now become less and less a matter of territorial control, and international law is now witnessing an erosion of the significance of territory. While the author admits the plausibility of this opinion when applied to states belonging to closely linked economic unions as the EEC, he challenges this statement when applied to Canada, even given the framework of the U.S.-Canada Free Trade Agreement. In Part I, this article gives a full account of the Canadian positions dealing with legally valid acquisition of territories through effective control and other means. It points out how Canada has been coherently committed to protect its territorial sovereignty in all the border and territorial disputes in which it was and is still involved. It explores how this country deliberately also committed itself to effectively controlling its vast terrestrial, aerial, and maritime territories.From this perspective, the author exposes in Part II the rather protective Canadian legal attitude when dealing with private international interests in Canada: how foreign investors are selectively allowed to own, control, possess, or otherwise acquire an interest in any part of Canadian land or real property through specific substantial rules or conflict of law rules; how Canadian federal and provincial laws deal with expropriating foreign-owned property or with foreign judgments affecting the same. In the view of the author, all these territorialist features strongly convey the idea that Canada still attributes a prime role to securing close control over its territory within its global policy of sovereignty and independence.

scholarly journals Recognition in international law: The case of Kosovo and Metohija

2015 ◽  
pp. 289-306
Author(s):  
Tijana Surlan
Keyword(s):  
International Law ◽  
Constitutive Theory ◽  
Sovereign State ◽  
Public International Law ◽  
The Public ◽  
The North ◽  
Official Position ◽  
The Status ◽  
North Part ◽  
The Eu

Recognition is an instrument of the public international law founded in the classical international law. Still, it preserves its main characteristics formed in the period when states dominated as the only legal persons in international community. Nevertheless, the instrument of recognition is today as vibrant as ever. As long as it does not have a uniform legal definition and means of application, it leaves room to be applied to very specific cases. In this paper, the instrument of recognition is elaborated from two aspects - theoretical and practical. First (theoretical) part of the paper presents main characteristics of the notion of recognition, as presented in main international law theories - declaratory and constitutive theory. Other part of the paper is focused on the recognition in the case of Kosovo. Within this part, main constitutive elements of state are elaborated, with special attention to Kosovo as self-proclaimed state. Conclusion is that Kosovo does not fulfill main constitutive elements of state. It is not an independent and sovereign state. It is in the status of internationalized entity, with four international missions on the field with competencies in the major fields of state authority - police, judiciary system, prosecution system, army, human rights, etc. Main normative framework for the status of Kosovo is still the UN Resolution 1244. It is also the legal ground for international missions, confirming non-independent status of Kosovo. States that recognized Kosovo despite this deficiency promote the constitutive theory of recognition, while states not recognizing Kosovo promote declaratory theory. Brussels Agreement, signed by representatives of Serbia and Kosovo under the auspices of the EU, has also been elaborated through the notion of recognition - (1) whether it represents recognition; (2) from the perspective of consequences it provokes in relations between Belgrade and Pristina. Official position of Serbian Government is clear - Serbia does not recognize Kosovo as an independent and sovereign state. On the other hand, subject matter of Brussels Agreement creates new means of improvement for Kosovo authorities in the north part of Kosovo. Thus, Serbian position regarding the recognition is twofold - it does not recognize Kosovo in foro externo, and it completes its competences in foro domestico. What has been underlined through the paper and confirmed in the conclusion is that there is not a recognition which has the power to create a state and there is not a non-recognition which has the power to annul a state.

scholarly journals Tax Sanctions as the Institutions Conditioning Efficiency of Collecting Tax Information – Limits of Legal Regulations

2020 ◽  
Vol 29 (4) ◽  
pp. 189
Author(s):  
Paweł Majka
Keyword(s):  
International Law ◽  
Degree Of Saturation ◽  
Tax Law ◽  
Legal Regulations ◽  
Legal Norms ◽  
The Subject ◽  
The Law ◽  
Principle Of Proportionality

<p>The subject of the study is to outline the boundaries within the legislator may sanction the obligations to provide information to tax authorities using tax sanctions. The author analyzes tax sanctions as instruments guaranteeing the effectiveness of legal norms related to information obligations in the light of the protection of the taxpayer’s rights. In the author’s opinion, there is a clear outline of the possible shape of the sanction, which limits the legislator in excessive interference with the rights of taxpayers. These limits, both in national and international law, are determined primarily by the principle of proportionality, which is decisive for the degree of discomfort associated with the application of sanctions. It should be indicated that the shape limits of these sanctions, characterized in this study, guarantee, in turn, the protection of the rights of these entities. At the same time, it should be emphasized that tax sanctions are, in principle, a complementary element of the system of the guarantees of the law effectiveness and the legislator deciding on their wider use should properly balance the degree of “saturation” of tax law with sanctions taking into account its nature.</p>

Rethinking sovereignty in international fiscal policy

2011 ◽  
Vol 37 (5) ◽  
pp. 2107-2120 ◽  
Author(s):  
PETER DIETSCH
Keyword(s):  
Fiscal Policy ◽  
Distributive Justice ◽  
International Law ◽  
Well Being ◽  
Self Determination ◽  
State Sovereignty ◽  
Modern State ◽  
State Governments

AbstractThe power to raise taxes is a sine qua non for the functioning of the modern state. Governments frequently defend the independence of their fiscal policy as a matter of sovereignty. This article challenges this defence by demonstrating that it relies on an antiquated conception of sovereignty. Instead of the Westphalian sovereignty centred on non-intervention that has long dominated relations between states, today's fiscal interdependence calls for a conception of sovereignty that assigns duties as well as rights to states. While such a circumscribed conception of sovereignty has emerged in other areas of international law in recent years, it has yet to be extended to fiscal questions. Here, these duties arguably include obligations of transparency, of respect for the fiscal choices of other countries, and of distributive justice. The resulting conception of sovereignty is one that emphasises its instrumental as well as its conditional character. Neither state sovereignty nor self-determination is an end in itself, but a means to promoting individual well-being. It is conditional in the sense that if states do not live up to their fiscal obligations towards other states, their claims to autonomy are void.

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