scholarly journals Definitions and Legal Aspects of the Term “War” and the Related Terms

2019 ◽  
Vol 28 (4 ENGLISH ONLINE VERSION) ◽  
pp. 39-50
Author(s):  
Malwina Ewa Kołodziejczak
Keyword(s):  
International Law ◽  
Legal Aspects ◽  
The State ◽  
The Republic ◽  
Definition Of ◽  
Legal Consequences ◽  
The Way

Normative acts applicable in the Republic of Poland do not lack a multitude of formulations of terms such as: war, state of war or time of war. The lack of legally binding definitions and the inconsistency of the use of identical definitions lead to different, often contradictory interpretations of particular situations, which may have different legal consequences. Only a precise and detailed definition of these concepts, preferably by incorporating them into national or international law, would dispel many doubts and close the way to sometimes contradictory interpretations, which is particularly important for security and defence concepts and issues. Therefore, in this paper the author will present definitions and regulations resulting from Polish legal acts, relating to war, war time and the state of war.

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.

scholarly journals Trauma and Sacrifice in Divided Communities: The Sacralisation of the Victims of Terrorism in Spain

Religions ◽  
2021 ◽  
Vol 12 (2) ◽  
pp. 104
Author(s):  
Eliana Alemán ◽  
José Pérez-Agote
Keyword(s):  
Human Life ◽  
Traumatic Events ◽  
The State ◽  
A Posteriori ◽  
Institutional Discourse ◽  
Divided Societies ◽  
The Us ◽  
Definition Of ◽  
Public Demonstrations ◽  
The Way

This work aims to show that the sacrificial status of the victims of acts of terrorism, such as the 2004 Madrid train bombings (“11-M”) and ETA (Basque Homeland and Liberty) attacks in Spain, is determined by how it is interpreted by the communities affected and the manner in which it is ritually elaborated a posteriori by society and institutionalised by the state. We also explore the way in which the sacralisation of the victim is used in socially and politically divided societies to establish the limits of the pure and the impure in defining the “Us”, which is a subject of dispute. To demonstrate this, we first describe two traumatic events of particular social and political significance (the case of Miguel Ángel Blanco and the 2004 Madrid train bombings). Secondly, we analyse different manifestations of the institutional discourse regarding victims in Spain, examining their representation in legislation, in public demonstrations by associations of victims of terrorism and in commemorative “performances” staged in Spain. We conclude that in societies such as Spain’s, where there exists a polarisation of the definition of the “Us”, the success of cultural and institutional performances oriented towards reparation of the terrorist trauma is precarious. Consequently, the validity of the post-sacrificial narrative centring on the sacred value of human life is ephemeral and thus fails to displace sacrificial narratives in which particularist definitions of the sacred Us predominate.

scholarly journals An Indication of China's Policy towards Uighurs and its Implications by International Law Aspects

2020 ◽  
Vol 3 (1) ◽  
pp. 55-71
Author(s):  
Mellisa Towadi ◽  
Nur Mohamad Kasim ◽  
Rumawi Rumawi ◽  
Siti Asifa Tahir
Keyword(s):  
International Law ◽  
Religious Freedom ◽  
Legal Aspects ◽  
The State ◽  
Political Rights ◽  
Individual Freedom ◽  
Main Interest ◽  
Civil And Political Rights ◽  
Democratic Principles

This article examines the Chinese government's policy towards Uighurs for the purpose of outlining and explaining indications of the policy that have implications on the legal aspects of this international law. This study was researched using normative juridical methods with expansive analysis based on logical-normative approaches. The results of the analysis show that broadly the policies China implements against the Uighur population are indicated to acts of discrimination. China's main interest is sovereignty, so of course, China will not allow the release of any territory from China. While the implications in the context of International Law as to uphold the guarantee of civil and political rights, liberal and democratic principles or independence, and individual freedom in relation to the state. The points of conflict identified, especially concerning the reach of equality of rights between ethnic Uighurs and other ethnicities in China, the prohibition of inhumane punishment and degrading dignity, and religious freedom.

scholarly journals THEORETICAL AND LEGAL ASPECTS OF NATION-BUILDING IN KAZAKHSTAN IN 1923-1926: EXPERIENCE OF KORENIZATION AND IMPLEMENTATION OF LANGUAGE LEGISLATION

2019 ◽  
Vol 29 (6) ◽  
pp. 836-844
Author(s):  
S.Sh. Kaziyev ◽  
E.N. Burdina
Keyword(s):  
Nation Building ◽  
Legal Aspects ◽  
The State ◽  
National Language ◽  
Office Work ◽  
Socialist Republic ◽  
Soviet Socialist Republic ◽  
Soviet State ◽  
Language Legislation ◽  
The Republic

The article is devoted to nation-building in Kazakhstan in the first years of Soviet power. It is noted that significant attention in this process was given to the languages of the titular nations as official languages. The authors made an attempt to present the formation of legal guarantees for the functioning of the Kazakh and Russian languages of the Kazakh Autonomous Soviet Socialist Republic and their use in the state apparatus of the republic. The study is based on legislative acts and documents of 1917-1924 with the involvement of archival materials. The authors examined practical steps of korenization (nativization) with respect to party and Soviet administrative structures and transition to paperwork in two state languages in the KASSR. The article reflects the main problems of the implementation of language legislation and percentage korenization as a policy aimed at the formation of national management personnel and solving the problems of serving the population of Kazakhstan in their native language. The problems of introducing office work in the language of the titular nation of material, personnel, mental and other nature are investigated. The authors drew attention to the failure of the attempts of the Soviet state to quickly create an administrative apparatus in the KASSR from national personnel and introduce paperwork in the Kazakh language, as well as to the fact that the Soviet leadership understood this. The study shows the reasons for a significant revision of the korenization policy in the USSR and Soviet Kazakhstan, as well as the introduction of office work in the national language since 1926. Among the positive achievements of the Soviet regime, the creation of strong legal guarantees for the functioning of the Kazakh and Russian languages as the state languages of Kazakhstan of the studied period, as well as the partial korenization of the administrative apparatus of Kazakhstan as a result of targeted and progressive steps of the Soviet state to create national personnel, were noted.

Latvijas prezidenta Egila Levita runu valodiskais profils: ceremoniālā, juridiskā vai politiskā retorika?

2021 ◽  
pp. 333-345
Author(s):  
Līga Romāne-Kalniņa ◽  
Keyword(s):  
Critical Discourse Analysis ◽  
Political Discourse ◽  
The State ◽  
Point Of View ◽  
Frequent Use ◽  
European Court ◽  
The Media ◽  
The Republic ◽  
Characteristic Features ◽  
Definition Of

Aristotle’s definition of rhetoric as the art of observing the available means of persuasion is one of the most widely used quotations not only in linguistics but also in social, political, and communication sciences. Aristotle, apart from defining the elements of rhetoric (logos, ethos and pathos), has proposed three types of rhetoric that refer either to the present situation (ceremonial), the past (judicial), or the future (political). The current president of Latvia and his language use is one of the most widely discussed topics across the media and academia due to the register, style, and content of his speeches. Moreover, the president of Latvia has a direct impact on how the state is perceived nationally and internationally; thus, it is significant to investigate the linguistic profile of the linguistic expression of the ideas communicated by the president to the wider public. The current study analyses 160 speeches given by president Egils Levits on nationally significant occasions as well as internationally with the aim to investigate whether the speeches of the president of Latvia correspond to the ceremonial, political or judicial rhetoric because the president represents both legal and political discourse as the former judge of the European Court of Human Rights and the former minister of Justice, and as the head of the Republic of Latvia represents the state nationally and abroad. The study is grounded in the theories on rhetoric and Critical Discourse Analysis applied to political discourse and presidential language and discussed by scholars such as Aristotle (1959), Van Dijk (2006), Chilton and Schäffner (2002), O’Keeffe (2006), Van Dijk (2008), David (2014), Wilson (2015) and Wodak and Mayer (2016). The results of the current study reveal that the speeches are a clear representation of a combination of legal, political, and ceremonial rhetoric and cross various semantic fields that are marked by the use of field terminology in combination with topos of definition and name interpretation to explain the terms directly in the speeches. The speeches by Levits are furthermore marked by relatively frequent use of loanwords, neologisms, obsolete words, and compounds that is one of the main characteristics of the linguistic profile of his speeches. Additional characteristic features are the use of parallel sentence constructions, inverted word orders, rhetorical questions, and pronominal referencing to attract the listener's attention and emphasize the thematic areas of the speeches. Nevertheless, it has been concluded that such linguistic techniques as metaphors, metonymies, synecdoche, or hyperbole are used comparatively less frequently, thus making the speeches appear more formal and less emotional from the linguistic point of view.

Part VI Refugee Rights and Realities, Ch.50 Non-refoulement

2021 ◽  
Author(s):  
Mathew Penelope
Keyword(s):  
International Law ◽  
Asylum Seeker ◽  
Deep Structure ◽  
Forced Migration ◽  
The State ◽  
State System ◽  
Refugee Convention ◽  
Customary International Law ◽  
Legal Fictions ◽  
The Way

This chapter highlights the most fundamental of all obligations owed to refugees—that of non-refoulement. The raison d’être of the obligation continues to provoke debate about the validity of the lines drawn between refugees, other beneficiaries of the obligation, and other migrants, and the way the purported provider of surrogate protection—the State—is implicated in the production of forced migration. That background or deep structure of the State system assists in explaining the phenomenon explored in the chapter: the interaction between shrinking and expansive approaches to non-refoulement. The chapter first outlines the sources of the obligation, noting the obligation’s place in the Refugee Convention and other treaties as well as its status as customary international law, and the corresponding beneficiaries of the obligation. It then examines the scope of the obligation, with emphasis on States’ attempts to divest their responsibilities through legal fictions and extraterritorial immigration enforcement. The chapter also discusses the concept of constructive or disguised refoulement—that is, when an asylum seeker spontaneously leaves the country of asylum as a result of their treatment in that country.

The Plurality of States and the World Order of Reason

2017 ◽  
Author(s):  
Sergio Dellavalle
Keyword(s):  
International Law ◽  
Social Order ◽  
World Order ◽  
The State ◽  
New Paradigm ◽  
The World ◽  
The Way

This chapter argues that Hegel can be regarded as the philosopher who was the first to pave the way to a new paradigm of order and, thus, also to a new idea of the relation between the state and international law. Hegel would not only conceive order as a ‘system’—which emerges clearly from the investigation of the deep connection between his interpretation of international law and relations and the broader context of his philosophy—but this ‘system’ would also be something new within the horizon of the patterns of social order. Indeed, two elements of a new paradigm are at least sketched in Hegel’s philosophy: the polyarchic setting of order, and its dialectic (or maybe even communicative) understanding.

Part I Conclusion of Treaties, 4 Legal Consequences of an Impermissible Reservation to a Human Rights Treaty: Where Do We Stand?

2011 ◽  
Author(s):  
Simma Bruno ◽  
Hernández Gleider I
Keyword(s):  
Human Rights ◽  
International Law ◽  
The State ◽  
The Body ◽  
Special Rapporteur ◽  
Central Question ◽  
Human Rights Treaties ◽  
International Law Commission ◽  
Legal Consequences ◽  
Law Commission

The Vienna Convention's regime on reservations is particularly unfit to cope with the specific characteristics of human rights treaties due to the very limited and particular role played by reciprocity and the ‘inward-targeted’ nature of the obligations stipulated in such instruments. Regional human rights courts and UN human rights treaty bodies have developed certain methods of monitoring the reservations practice of states parties to the respective instruments, but a central question has hitherto remained very controversial, namely that of the legal consequences of a reservation to a human rights treaty which is considered incompatible with that treaty's object and purpose and therefore impermissible. After many years of dealing with the topic of reservations, the UN International Law Commission has finally addressed this issue: Special Rapporteur Alain Pellet has proposed a solution which finds itself essentially in accord with the ‘severability’ doctrine advocated by the human rights community, reconciling this approach and the principle of treaty consent through the introduction of a presumption of severability of an invalid reservation from the body of a human rights treaty, to which the State making such a reservation will then remain bound in full. This chapter supports the Special Rapporteur's proposal, traces its development, and discusses both the advantages and the specific challenges posed by a presumption of severability.

The Dark Side of Immunity: Is There Any Individual Right for Activities Jure Imperii?

2013 ◽  
Vol 26 (1) ◽  
pp. 105-125 ◽  
Author(s):  
MATTEO SARZO
Keyword(s):  
International Law ◽  
The State ◽  
Dark Side ◽  
Individual Rights ◽  
Sensitive Questions ◽  
International Jurisdiction ◽  
State Immunity ◽  
Procedural Rule ◽  
The Icj ◽  
Definition Of

AbstractThe following contribution interprets the ICJ decision on the case Jurisdictional Immunities of the State in a broader picture. The article focuses on the cause of action underlying the domestic civil claims, i.e. the primary rules providing for individual rights. Indeed, the traditional view, which conceives immunity as a ‘procedural’ rule, vigorously upheld by the Court, is not the only way to address this topic. In our view, state immunity is a substitute for other more sensitive questions, namely the definition of ‘state’, its prerogatives, and the individuals as right holders under international law. This approach points out a different rationale under state immunity, leading to major practical consequences in terms of the assessment of international jurisdiction.

Legal Aspects of Protecting the State Border of the Republic of Poland during Pandemics

2020 ◽  
Vol 75 ◽  
pp. 189-204
Author(s):  
Robert Socha
Keyword(s):  
Public Health ◽  
Legal Aspects ◽  
The State ◽  
World Health ◽  
Border Control ◽  
Legal Regulations ◽  
The European Union ◽  
The World ◽  
The Republic ◽  
International Threat

The problems raised in this article focus on the issues related to the solutions adopted by the Polish legislator as to the protection of the state border in the context of an international threat. The author presents the legal conditions related to the probability of temporary reintroduction of border control for persons crossing the state border regarded as an internal border of the European Union in the event of a threat to public health. The background for these considerations are legal regulations concerning the change in the organization of the protection of the state border of the Republic of Poland, as introduced due to the World Health Organization’s announcement of the pandemic caused by the SARS-CoV-2 coronavirus leading to the COVID-19 disease.

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