scholarly journals THE APPEARANCE OF THE PENAL INTERNATIONAL LAW AS A BRANCH OF THE PUBLIC INTERNATIONAL LAW

2014 ◽  
Vol 8 (1) ◽  
pp. 122-126
Author(s):  
Daniel Ştefan Paraschiv ◽  
Elena Paraschiv
Keyword(s):  
International Relations ◽  
International Law ◽  
Human Values ◽  
Public International Law ◽  
The Public ◽  
Peace And Security ◽  
The Law

From the oldest times, there appeared certain norms of penal international law meantto prevent the committing of serious offenses, as well as for sanctioning them. This distinctbranch of the public international law is called upon to protect - by sanctioning personsguilty of committing serious offenses - peace and security of the whole humanity, thedevelopment in conformity with the norms of the law and moral of the international relations,the existence and perenniality of fundamental human values.

scholarly journals PROCESSO DE IMPEACHMENT NO BRASIL, DEMOCRACIA E O PROTOCOLO DE USHUAIA: POSSÍVEIS DESDOBRAMENTOS (IMPEACHMENT IN BRAZIL, DEMOCRACY AND THE USHUAIA PROTOCOL: POSSIBLE PROSPECTS)

2017 ◽  
Vol 16 (7) ◽  
pp. 386
Author(s):  
Eduardo Biacchi Gomes ◽  
Ane Elise Brandalise
Keyword(s):  
International Relations ◽  
International Law ◽  
Regional Level ◽  
Theoretical Research ◽  
Complete Analysis ◽  
Public International Law ◽  
The Public ◽  
The Face ◽  
Fundamental Value ◽  
The Republic

Observa-se que são várias as vozes, tanto em âmbito local e regional quanto na esfera global e internacional, proclamando pela democracia, verdadeiro valor fundamental e um desafio constante. No contexto regional, a busca da ordem democrática destaca-se no processo de integração do chamado Mercado Comum do Sul (Mercosul), marcado por caso de suspensão e de questionamentos sobre os Governos dos respectivos Estados membros do bloco. Nessa toada, o presente artigo analisa, como ponto central, o tema do atual processo de impeachment em face da Presidente da República do Brasil à luz, sobretudo, do Protocolo de Ushuaia, instrumento documental do âmbito do Mercosul que estampa juridicamente esta busca por avanços reais da democracia e correlatas responsabilidades. Para realização de uma completa análise de conjuntura, o artigo apresenta, em um primeiro momento, o que é o Mercosul e seu processo de integração. Após, passa-se a discorrer sobre a busca pela democracia nesse âmbito regional e sua importância. Esclarecidos tais pontos, o artigo estuda o atual processo de impeachment contra a Presidente da República do Brasil. Por último, busca-se realizar uma análise de cenário, ainda que aqui colocada de forma simplificada, questionando quais as consequências, entre Brasil e Mercosul, diante da busca pela democracia. Este artigo é de pesquisa teórica, com procedimento de análise de conjuntura e de cenários realizado principalmente por meio de consultas bibliográficas, voltado à área do Direito Internacional Público e das Relações Internacionais. ABSTRACT It is observed that there are several voices in local, regional, global and international level, proclaiming democracy, fundamental value and a constant challenge. In the regional context, the pursuit of democratic order stands in the process of integrating the so-called Mercosur, well-known by the event of suspension and questioning of the governments of its member states of the bloc. In this tune, this article analyzes as a central point, the theme of the current impeachment process in the face of the President of the Republic of Brazil in the light, above all, the Ushuaia Protocol, documentary instrument Mercosur that legally prints this search by advances real democracy and related responsibilities. To perform a complete analysis of situation, the article presents, in the first instance, what is the Mercosur and its integration process. After, the paper discusses the search for democracy in this regional level and its importance. Clarified such points, the paper studies the current process of impeachment against the President of the Republic of Brazil. Finally, it seeks to perform a scenario analysis, although here placed in a simplified manner, questioning the consequences, between Brazil and Mercosur, on the quest for democracy. This article is theoretical research, with conjuncture analysis procedure and scenarios mainly conducted through bibliographic consultations, aimed at the Public International Law and International Relations area. Keywords: Brasil. Democracy. Internacional Law. Impeachment. Mercosur. UshuaiaProtocol.

Hobbes among the Classic Jurists

2018 ◽  
Author(s):  
David Boucher
Keyword(s):  
International Relations ◽  
International Law ◽  
The State ◽  
Law Of Nature ◽  
Law Of Nations ◽  
Complete Identification ◽  
The Law ◽  
The Individual ◽  
Hedley Bull ◽  
Hans Morgenthau

The classic foundational status that Hobbes has been afforded by contemporary international relations theorists is largely the work of Hans Morgenthau, Martin Wight, and Hedley Bull. They were not unaware that they were to some extent creating a convenient fiction, an emblematic realist, a shorthand for all of the features encapsulated in the term. The detachment of international law from the law of nature by nineteenth-century positivists opened Hobbes up, even among international jurists, to be portrayed as almost exclusively a mechanistic theorist of absolute state sovereignty. If we are to endow him with a foundational place at all it is not because he was an uncompromising realist equating might with right, on the analogy of the state of nature, but instead to his complete identification of natural law with the law of nations. It was simply a matter of subject that distinguished them, the individual and the state.

The Squire Law Library at Cambridge: the Historical Development and Current Status of the International Law Collections

2017 ◽  
Vol 17 (2) ◽  
pp. 78-91 ◽  
Author(s):  
Lesley Dingle
Keyword(s):  
International Law ◽  
Historical Development ◽  
Detailed Account ◽  
Current Status ◽  
Public International Law ◽  
The Public ◽  
The Subject ◽  
Law Library

AbstractIn this paper Lesley Dingle provides a detailed account of the historical development of the public international law collections at the Squire Law Library in Cambridge. She explains the close involvement of the academic lawyers and the librarians, past and present, in developing an important collection which reflects the significance of the subject at Cambridge's Faculty of Law. Finally, she brings things up-to-date by detailing the extent of the electronic provision which benefits the modern scholar in this discipline.

scholarly journals Remarks by Maria Flores

2018 ◽  
Vol 112 ◽  
pp. 79-82
Author(s):  
Maria Flores
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Law ◽  
Global Scale ◽  
International Court Of Justice ◽  
Public International Law ◽  
Court Of Justice ◽  
International Court ◽  
Small Department ◽  
The University

I first became involved with international law while I was at university. After graduating, I decided to teach public international law. As an undergraduate, I particularly enjoyed this branch of study. I was attracted to it because it helped me to understand the problems, challenges, and breakthroughs in the field of international relations on a global scale. Therefore, after facing a competitive entry process, I joined the international law department of the Universidad de la República. It was a small department, but the university had produced some well-known scholars like Eduardo Jiménez de Aréchaga, who became a judge at the International Court of Justice, and Hector Gross Espiell, who served as a judge at the Inter-American Court of Human Rights.

The International Law Commission Tomorrow: Improving its Organization and Methods of Work

1991 ◽  
Vol 85 (4) ◽  
pp. 595-612 ◽  
Author(s):  
B. Graefrath
Keyword(s):  
International Relations ◽  
International Law ◽  
Term Effect ◽  
Law Of The Sea ◽  
Long Term Effect ◽  
The Law ◽  
International Law Commission ◽  
Law Commission

The history, operation and tasks of the International Law Commission (ILC) have often been described and its success in codifying general international law is well-known and widely acknowledged. The conduct of international relations today is unthinkable without such basic instruments, first drafted by the Commission, as the conventions on diplomatic and consular relations, the law of treaties and the law of the sea. Moreover, other ILC drafts that have not been adopted as treaties have had a long-term effect on the development of international law; for example, the Draft Declaration on the Rights and Duties of States, the Principles of International Law Recognized in the Charter of the Nürnberg Tribunal and in the Judgment of the Tribunal, and the Model Rules on Arbitral Procedure.

COVID-19 și posibilele apărări în dreptul internațional: ar putea forța majoră și schimbarea fundamentetnală a circumstanțelor să justifice neexecutarea obligațiilor internaționale?

2020 ◽  
Vol 2020 (2020) ◽  
pp. 186-202
Author(s):  
Ion GÂLEA ◽  
Keyword(s):  
Public Opinion ◽  
International Law ◽  
Common Sense ◽  
Prima Facie ◽  
Fundamental Change ◽  
The Public ◽  
Force Majeure ◽  
International Obligations ◽  
International Responsibility ◽  
The Law

The study examines possible defences that States could invoke in order to justify or excuse measures designed to respond to the COVID-19 crisis, which prima facie might not be in conformity with certain international obligations. The study examines only defences available in general international law – beside certain exceptions that might be provided by the clauses of the respective treaties. Two grounds for suspending international obligations, stemming from the law of treaties – impossibility of performance and rebus sic stantibus – and three circumstances precluding wrongfulness, stemming from the law of international responsibility – force majeure, distress and state of necessity – are subject to examination. The study argues that, even if “common sense” might draw the public opinion towards the plausibility of invoking force majeure, impossibility of performance or fundamental change of circumstances, such a conclusion does not reflect general international law. In reality, the “best candidate” as a justification or excuse is distress, while the “second best candidate” might be represented by the state of necessity.

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