scholarly journals International legal personality of Russian lands during the period of feudal fragmentation of the state (XII–XVI centuries)

2021 ◽  
Vol 7 (1) ◽  
pp. 25-28
Author(s):  
T. F. Yudina
Keyword(s):  
Foreign Policy ◽  
International Relations ◽  
International Law ◽  
Ethnic Group ◽  
The State ◽  
Legal Personality ◽  
Old Russian ◽  
Russian State ◽  
International Legal Personality ◽  
International Status

The article deals with the issues of determining the international status of Russian lands during the period of feudal fragmentation of the state in the XII XVI centuries. The author notes that with the collapse of the old Russian state, in the feudal period, has not stopped international relations between the Russian lands, which allowed to keep the identity of the Russian people. Surrounded by states hostile to Russia, the Russian states acted as subjects of international law, conducted a fairly active foreign policy, and concluded treaties both within their own ethnic group and within their own state.

An issue of legal personality of Kyivan Rus’ in Ukraininan law science

2021 ◽  
Author(s):  
Marina Okladnaya ◽  
Vadym Ptytsia
Keyword(s):  
International Relations ◽  
International Law ◽  
General Position ◽  
The State ◽  
Main Body ◽  
Complex Issue ◽  
Legal Personality ◽  
History Of ◽  
History Of International Law ◽  
Problem Setting

Problem setting. Legal personality of Kyivan Rus’ is very complex issue, which contains elements such as contract law, law of war, ambassadorial law, general position of the state in the international relations sphere. The condition of Kyivan Rus’ in medieval history can be determined only after analyzing researches of well-known scientists, who had different opinions on this subject. In spite of the fact that a lot of researches were made on this topic, there is no clear and unambiguous answer to the question: “was Kyivan Rus’ independent and equal subject of international law?” In our opinion, this topic is actual even nowadays, because without an analysis of the issue it is impossible to form a modern understanding of Ukrainian statehood and its features in different periods. Analysis of recent researches and publications. Valuable contribution to the research of Kyivan Rus’ position in international relations sphere were made by lots of scientists in areas of Ukrainian history and history of international law such as O. Zadoroznyi, P. Tolochko, O. Butkevich, A. Dmitriev, Y. Dmitriev, M. Kotlyar, V. Pashuto, D. Feldman, V. Butkevich, I. Shekera, O. Pavlenko etc. Target of research is to analyze and compare opinions of different authors on the issue of determining Kyivan Rus’ as legal entity of international law. To achieve this target these tasks have to be solved: to research and analyze modern scientists’ studies about the position of Kyivan Rus’ in international law sphere in medieval period; to compare scientists’ views on legal personality of the state and come to a certain conclusion on this issue. Article’s main body. In this article author analyzes different periods of Kyivan Rus’ existence, general position of the state in international relations sphere and opinions of different scientists on this subject. Also, the article provides a comparison of scientists’ views on the topic of legal personality of international law of Kyivan Rus’. Conclusions. Kyivan state in different periods of its existence was in various international legal positions. Despite of the fact, that features of international law of Kyivan Rus’ is a topic for controversy, Ukrainian and foreign scientists came to the conclusion that Rus’ was full-fledged subject of international law and after its collapse it revived in the Principality of Galicia-Volhynia, Zaporozhian Sich and the Cossack Hetmanate, Ukrainian People’s Republic, UkSSR (as independent UN member) and modern independent Ukraine.

Eurasian Economic Union: Borders Extension and Legal Reality

2016 ◽  
Vol 4 (11) ◽  
pp. 0-0 ◽  
Author(s):  
Анна Каширкина ◽  
Anna Kashirkina
Keyword(s):  
International Relations ◽  
International Law ◽  
Kyrgyz Republic ◽  
International Organisations ◽  
Legal Personality ◽  
Trade Relations ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
The Republic ◽  
International Legal Personality

Eurasian integration and the functioning of the Eurasian Economic Union are important parameters for the development of the modern practices of international organizations and associations. The study of the features of the ways of the Eurasian integration is necessary to determine further ways of improvement of the Eurasian Economic Union and efficiency upgrading of it. The article focuses on the scientific problems of possible growth and expansion of the Eurasian Economic Union. The author shows different possible ways of such movement and growth. Extensive way of growth should be seen in the enlargement of the member-states of the Eurasian Economic Union. In this case it should be noted that during two years of functioning of the Eurasian Economic Union, established by of three States — Russia, Belarus and Kazakhstan, have joined the Republic of Armenia and the Kyrgyz Republic. Another way is increasing and intensification, i.e. intensification of international relations of the Eurasian Economic Union with different subjects of international law, primarily States and international organisations as SCO, ASEAN, European Union. It must be accented the entry of the Eurasian economic Union into the international stage of foreign trade relations with Vietnam and Serbia. In the forecast is conclusion of treaties with China, Israel, Mongolia and South Korea. In such relationships the Eurasian Economic Union will be able to implement its international legal personality, which is stipulated by the Agreement on the Eurasian Economic Union.

scholarly journals Persons and Things in International Law and “Law of Humanity”

2017 ◽  
Vol 18 (5) ◽  
pp. 1163-1182 ◽  
Author(s):  
Ukri Soirila
Keyword(s):  
International Law ◽  
Recent Work ◽  
Theoretical Framework ◽  
The State ◽  
Human Freedom ◽  
Recent Attempt ◽  
Legal Personality ◽  
The Individual ◽  
International Legal Personality ◽  
Domestic Law

Drawing from Roberto Esposito's recent work on persons and things, this Article studies recent attempts to rethink international legal personality. Esposito's work resurrects the claim that personhood operates like a mask, splitting the legal and philosophical world into persons and things. International law differs from domestic law in that international legal personality has traditionally been the prerogative of states, not of (rational) individuals. Yet, this has not completely dismantled the persons/things logic, because the exclusive legal personality of states has continuously threatened to reduce individuals into things in the eyes of international law. It is perhaps for this reason that international legal theorists have long sought to extend international legal personality to individuals and other non-state actors. This Article addresses the most recent attempt, namely an attempt to shift international law towards a law of humanity. Without taking a stance on whether this project is a good idea or not, this Article raises some doubts about whether the concept of international legal personality can help in fulfilling the project's aim, namely to help increase human freedom and wellbeing. This is especially relevant because, regardless of whether legal personality is attributed primarily to the state or the individual, we still remain—according to Esposito—within a theoretical framework in which the dispositif of person necessarily excludes some forms of life in protecting or empowering others.

Prawo do zawierania umów międzynarodowych przez Stolicę Apostolską

2021 ◽  
pp. 152-167
Author(s):  
Sławomir Majszyk
Keyword(s):  
International Relations ◽  
International Law ◽  
International Organizations ◽  
Theoretical Consideration ◽  
Legal Capacity ◽  
Legal Personality ◽  
Holy See ◽  
Long Period ◽  
The Right ◽  
International Legal Personality

The Holy See is a specific (sui generis) subject of the international law. The acknowledgement of the international legal personality is related to the possession of legal capacity and the capacity of legal international proceedings. The Holy See is regarded as a sovereign subject of international law, which has its own rights and obligations concerning international relations. It has the right to send and receive the minister resident (ius legationis), to participate in conferences and to be member of international organizations (ius foederum), as well as the treaty making capacity (ius tractatuum). One of the principal formal contexts in which the question of international legal personality arises is the capacity to make treaties and agreements valid on the international legal plane. The ius tractatuum possessed by the Holy See is not only based on theoretical consideration of international law principles, but has also been amply attested to by the actual practice of states over a very long period.

scholarly journals Foreign Policy and International Relations of the Principality of Transylvania

2021 ◽  
Vol 9 (2) ◽  
pp. 255-268
Author(s):  
József Zoltán Fazakas
Keyword(s):  
Foreign Policy ◽  
International Relations ◽  
International Law ◽  
Ottoman Empire ◽  
The State ◽  
Diplomatic Relations ◽  
State Recognition ◽  
International Recognition ◽  
Sovereign Authority ◽  
The Subject

The subject of the paper is the international relations and recognition of the Principality of Transylvania. International law requires the existence of three mandatory elements in order to recognize a state. These are territory, population, and sovereign authority over them. If we focus on the Transylvanian state, meeting these requirements will not represent an issue. The interesting question is the fourth but not additional criteria of statehood in international law, international recognition. Without international recognition, a state cannot act as part of the international community, and there will always be a collision between claims of sovereignty by other states. In Transylvanian history, this collision existed with the Habsburg and the Ottoman Empire. The essay shows that the independent Principality of Transylvania had the recognition of other states, also having regular foreign policy and diplomatic relations. To demonstrate this statement, the essay is built on three points and breaks down as follows: the evolution of the state from the Eastern Kingdom of Hungary until the Principality of Transylvania, the foreign policy of the Transylvanian state, its directions and orientations and the international relations of the Transylvanian state, with evidence of state recognition.

DIGITAL TRANSFORMATION OF ECONOMIC RELATIONS: CHALLENGES FOR LAW

2021 ◽  
Keyword(s):  
Foreign Policy ◽  
International Relations ◽  
International Law ◽  
Technological Development ◽  
Digital Transformation ◽  
Economic Relations ◽  
Russian State ◽  
The World

The book deals with the problems that have arisen in international law in the 21th century in connection with the activation of Russia’s foreign policy against the background of active technological development of the world. Changes in the theory of international law, in its separate branches, and also some issues causing especially sharp polemics in science of international law are analyzed. The book is intended for researchers, employees of Russian state bodies, students and postgraduates, and anyone interested in international law and international relations

Evaluative Framework: Legal Personality under International Law

2017 ◽  
Author(s):  
Katharine Fortin
Keyword(s):  
International Law ◽  
Armed Groups ◽  
Historical Account ◽  
Legal Personality ◽  
International Legal Personality

This chapter presents and explains the evaluative framework that the study employs when analysing armed groups and legal personality. In doing so, the chapter provides a short historical account of the manner in which international legal personality has been understood and theorized and explains how the evaluative framework will be utilized in the subsequent chapters.

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.

Conclusion

2018 ◽  
Author(s):  
Astrid Kjeldgaard-Pedersen
Keyword(s):  
International Law ◽  
International Norms ◽  
Individual Rights ◽  
A Posteriori ◽  
Legal Personality ◽  
International Legal Personality

Chapter 9 reiterates and reflects on the overall conclusions of the previous chapters: (1) that positive international law has consistently supported Kelsen’s ‘a posteriori’ conception of international legal personality; (2) that, consequently, the international legal personality of any entity is solely a matter of (presumption-free) interpretation of international norms; and (3) that we must abandon both the widespread presumption against direct individual rights and obligations (in accordance with the ‘modified States-only’ conception of international legal personality) and the use of the orthodox ‘States-only’ conception of international legal personality as means to distinguish between international law and national law.

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