The Relation between International Rights and Natural Rights a Comparison between Hobbes, Grotius and Kant’s Ideas in law

International law is a science attributed to Hugo Grotius, based on both natural rights and intergovernmental treaties, although over time it has expanded its sphere of influence to other subjects. In the present study, an attempt is made to address the origins and defined framework of this science by addressing the theories of this Dutch philosopher and to look at the ancestors and successors of Grotius in order to determine the extent of influence by each of the following philosophers: Aristotle and Cicero in ancient times and Hobbes and Kant in the modern era. Examining the nature of natural rights on the one hand and international law on the other and, the relationship between the two from the point of view of Grotius, as well as comparing his point of view with Hobbes' in particular and, referring to Kant are among the topics covered in this article. Because the study of the theoretical foundations and methods of each of the above thinkers as well as their intellectual system and their proponents and opponents can to some extent shed light on the hidden aspects of the issue.

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A declaration for international relations (based on Islamic Sufi teachings)

International Journal of Law and Management ◽

10.1108/ijlma-12-2015-0061 ◽

2017 ◽

Vol 59 (4) ◽

pp. 584-601

Author(s):

Bijan Bidabad

Keyword(s):

International Relation ◽

International Relations ◽

International Law ◽

Design Methodology ◽

Natural Rights ◽

Point Of View ◽

Public International Law ◽

Content Type ◽

The Subject ◽

Practical Implications

PurposeEstablishing peace, security and discipline for individuals, nations and states in contemporary international order is of the highest importance at the present time. Regularization should be done through approaching natural rights of individuals and also through observing humanistic characteristics and ethics. The aim of this paper is to introduce a legal base to promote international relations. Design/methodology/approachA draft for International Relation Declaration based on Islamic Sufi teachings has been compiled, and actually it is an abstract of an extended survey on the subject and opinions in relation to the current international problems. FindingsThis draft has been codified in three main topics of public international law, foreign policy and diplomacy. Research limitations/implicationsTo conclude the draft, it should be scrutinized by many scholars in different disciplines, in the next step. Practical implicationsAs the mystical characteristics of Sufism and Gnosticism of all religions (Tariqa) are all united and based upon love towards the Creator and consequently towards the creatures of God, these provisions could be agreed upon and put into practice. Social implicationsDelicateness, truthfulness and righteousness of Islamic Sufism, which is the gist of all those elites’ divine messages for thousands of years, one after another, can be of a great help to regulate international relations. Originality/valueInternational Law scholars have not looked at this subject matter from the Sufism viewpoint. This paper will shed a light on this point of view from other angles related to the international law such as politics, law and institutions.

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Six Thinkers in Search of the Author

Studia Litterarum ◽

10.22455/2500-4247-2020-5-3-44-67 ◽

2020 ◽

Vol 5 (3) ◽

pp. 44-67

Author(s):

Ekaterina B. Kriukova ◽

Oxana A. Koval

Keyword(s):

Popular Culture ◽

20Th Century ◽

Point Of View ◽

The Other ◽

Philosophy And Literature ◽

Privileged Position ◽

Literature And Philosophy ◽

Other Hand ◽

The One ◽

Modern Era

The article presents a survey of the 20th century intellectual quests related to the problem of the author and her status. The question of authorship becomes a key issue in the modern era for both philosophy and literature. On the one hand, both fields reflect upon the authorship as their own intrinsic principle, on the other hand, both literature and philosophy question the privileged position of the author as the sole meaning-maker. The undertaken comparison of the original interpretations of the prominent 20th century thinkers allows us: (1) to demonstrate how the ideological content of the concept itself has changed, the author being labeled as a co-participant, producer, collective subject, function within discourse, non-reader, and witness; (2) to introduce different strategies of understanding the author’s figure, depending on the chosen point of view; (3) to trace the logic of the transition from the modern to the postmodern through the explication of relations between the author and the character (M. Bakhtin), the author and his work (W. Benjamin), the author and popular culture (T. Adorno), the author and the discourse (M. Foucault), the author and the letter (M. Blanchot), and the author and the Other (G. Agamben).

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Re-Defining International Law from the Point of View of Decolonisation and Development and African Regionalism

Journal of African Law ◽

10.1017/s002185530001281x ◽

1982 ◽

Vol 26 (1) ◽

pp. 49-67 ◽

Cited By ~ 2

Author(s):

Konrad Ginther

Keyword(s):

International Law ◽

Legal Theory ◽

Max Weber ◽

Point Of View ◽

University Education ◽

Pure Logic ◽

The Everyday ◽

Systematic Pattern ◽

The One ◽

Scarcity Of Resources

The scarcity of resources and time limit the scope of ideas and the framework of deliberations in all human activities. Thus time and resources equally place limits upon any attempt to theorise and conceptualise, whether in science or in teaching. This limitation bears equally upon the choices of method and substance. Thus in the study of international law today the question is posed, what are the priorities with regard to basic questions and to their systematic presentation on the one hand, and then how to proceed (of necessity selectively) for the purposes of teaching on the other?Contemporary legal education consists in what has been called “modern, rational, legal university education”. As a result of the rational-systematic transfer of legal ideas and techniques, the legal mind so formed can release itself from the concern with everyday needs of those who are the “consumers” of law, which Max Weber has described as follows:“The rational-systematic pattern of legal thought may induce the legal mind to dissociate itself largely from the everyday needs of those who are most affected by the law, and so does a lack of its concrete substantiation. The power of the unleashed dictates of pure logic in legal theory and a legal practice dominated by it can to a large extent eliminate considerations of practical needs as the driving force for the formation of law.”

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THE ROLE OF INTERNATIONAL LAW WITHIN NATIONAL LEGISLATION ON TOBACCO CONTROL

Panorama of Brazilian Law ◽

10.17768/pbl.v3i3-4.34408 ◽

2018 ◽

Vol 3 (3-4) ◽

pp. 197-221

Author(s):

Luis Renato Vedovato

Keyword(s):

International Law ◽

Tobacco Control ◽

International Standards ◽

Constitutional Court ◽

Free Enterprise ◽

International Regulation ◽

International Regulations ◽

International Rights ◽

The One

The present article, taking into account advances in international rights and the need for domestic implementation of Framework Convention on Tobacco Control (FCTC) standards, has the objective of analyzing the competence to bring domestic and international regulations to fruition, with the purpose of creating coordinated public policies for tobacco control. So, it is possible to argue that the FCTC, by means of its guidelines, laid down at the Conferences of the Parties (COPs) and which are binding to all members states of the convention, paves the way for international regulation. Domestically, such regulation has to observe DOP guidelines, there being leeway for organizations like Brazil’s ANVISA to bring those guidelines into action, such as the one related to FTCT articles 9 and 10, which limit the use of flavour additives in tobacco products, as a way of implementing international standards within the country. There is also no conflict between free enterprise and tobacco control given that, as stated by the Constitutional Court of Colombia in a process involving the constitutionality of restrictions to tobacco advertising, this is a market that should not be stimulated, but rather merely tolerated.

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THE ROLE OF INTERNATIONAL LAW WITHIN NATIONAL LEGISLATION ON TOBACCO CONTROL

Panorama of Brazilian Law ◽

10.17768/pbl.y3.n3-4.p197-221 ◽

2015 ◽

Vol 3 (3-4) ◽

pp. 197-221

Author(s):

Luis Renato Vedovato

Keyword(s):

International Law ◽

Tobacco Control ◽

International Standards ◽

Constitutional Court ◽

Free Enterprise ◽

International Regulation ◽

International Regulations ◽

International Rights ◽

The One

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The Issues of Secession in the Process of the Rise and Fall of States in the Light of International Law

Przegląd Prawniczy Uniwersytetu im Adama Mickiewicza ◽

10.14746/ppuam.2018.8.09 ◽

2019 ◽

Vol 8 ◽

Author(s):

Boubacar Sidi Diallo

Keyword(s):

International Law ◽

International System ◽

Point Of View ◽

Global Perspective ◽

Self Determination ◽

Simple Fact ◽

The One ◽

The Right ◽

Constituent Elements ◽

Secessionist Movement

The aims of this contribution is to check the validity of the old theory, which goes back to Jellinek but is still dominant, which states that secession as well as the process of forming a new state, fall under the scope of a “simple fact” and thereby escape through definition to any law of way. According to this theory, secession is not a question of “Law” but a question of pure fact, failure or success: if a secessionist movement succeeds in establishing a new effectiveness, that is to say, puts in place the “Constituent elements” of a state, a new state is born. It is interesting to observe that with the phenomenon of the rise or the collapse of States, from the global perspective of international order and especially from the point of view of international law, the States concerned are, in practice, not simply left to their fate. On the contrary, the rise or the collapse of a State anywhere in the world is seen as a matter of concern for the international community, since the international system as a whole is felt to be affected. In such cases, international reactions have not been manifested primarily through the States as such, either indi-vidually or together. Basically, these reactions had to cope with the dilemma of choos-ing between two fundamental principles of legitimacy in international law: on the one hand, the sovereignty and equality of States and, on the other, the right of peoples to self-determination.

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Preparing Mare liberum for the Press: Hugo Grotius' Rewriting of Chapter 12 of De iure praedae in November-December 1608

Grotiana ◽

10.1163/187607508x366445 ◽

2007 ◽

Vol 26 (1) ◽

pp. 246-280 ◽

Cited By ~ 1

Author(s):

Martine Julia van Ittersum

Keyword(s):

International Law ◽

Driving Forces ◽

East India Company ◽

The Political ◽

Dutch East India Company ◽

Hugo Grotius ◽

The Press ◽

History Of ◽

The One ◽

The Impact

AbstractThis article reconstructs the printing history of Hugo Grotius's Mare liberum (The Free Sea, 1609). It examines the political circumstances which prompted the pamphlet's publication, but then seemed to conspire against it, and relates these to Grotius's revision of chapter 12 of Ms. BPL 917 in Leiden University Library, the one surviving copy of De iure praedae (The Commentary on the Law of Prize and Booty, 1604-1608). While preparing chapter 12 for the press, he made a serious effort to tone down its bellicose rhetoric, erasing, for example, all references to the Spanish claims to the Americas. His aim was to placate the French envoy Pierre Jeannin and his own political patron Johan van Oldenbarnevelt, the driving forces behind the negotiations for the Twelve Years' Truce (1609-1621). In the context of these negotiations, Grotius was at pains to downplay his radical rights theories. The subjective right of punishment only received a mention in the conclusion of Mare liberum, for example. Yet a discarded outline for the pamphlet's preface shows that the argument of De iure praedae remained uppermost in his mind, witness the outline's denunciation of the 'poisonings, perfidy and crimes of the Portuguese'. Both De iure praedae and Mare liberum had been commissioned by the Dutch East India Company (VOC) for the express purpose of influencing political developments in its favour. Yet neither treatise had the impact originally intended by Grotius and the VOC directors. Ironically, these occasional writings became classics of international law instead.

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The Chinese Recognition Problem

The American Journal of International Law ◽

10.2307/2194862 ◽

1955 ◽

Vol 49 (3) ◽

pp. 320-338 ◽

Cited By ~ 8

Author(s):

Quincy Wright

Keyword(s):

International Law ◽

Mainland China ◽

National Interest ◽

Point Of View ◽

The Other ◽

Recognition Problem ◽

Press Conference ◽

The Law ◽

The One

In a press conference of January 19, 1955, President Eisenhower envisaged the possibility of settling the problem of China by recognizing the existence of “two Chinas”—mainland China, on the one hand, and Formosa and the Pescadores, on the other—and promoting a non-aggression agreement between them. From the point of view of international law this suggestion involves consideration of (1) the de facto situation, (2) the law of recognition, and the application of that law (3) to mainland China, (4) to Formosa and the Pescadores, and (5) in American traditions. Apart from considerations of fact and law, considerations of present national interest and opinion are important.

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Verfassung ohne Staat

10.5771/9783845283098 ◽

2019 ◽

Keyword(s):

International Law ◽

Systems Theory ◽

World Society ◽

Point Of View ◽

The Other ◽

Private International Law ◽

Sovereign State ◽

Political Processes ◽

Theory Of Law ◽

The One

On the basis of systems theory, Gunther Teubner has developed a sociologically informed theory of law and constitutionalism that does not rest on the sovereign state, but on the functionally differentiated society. From this point of view, law and constitutionalism can also emerge without a state: in transnational political processes on the one hand and in the ‘private’ spheres of world society on the other. The search for unity and hierarchy in the law may be futile under these circumstances. As Teubner suggests, however, collisions between the various constitutional fragments may be addressed by a new kind of conflicts law that follows the model of private international law. With contributions by Ino Augsberg, Anna Beckers, Gralf-Peter Calliess, Pasquale Femia, Karl-Heinz Ladeur, Andreas Maurer, Riccardo Prandini, Ralf Seinecke, Thomas Vesting, Lars Viellechner

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Normativity of international law

Pravni zapisi ◽

10.5937/pravzap0-33820 ◽

2021 ◽

Vol 12 (2) ◽

pp. 488-522

Author(s):

Goran Dajović

Keyword(s):

Conceptual Framework ◽

International Law ◽

Practical Rationality ◽

Point Of View ◽

Reasons For Action ◽

Internal Point ◽

Legal Norms ◽

The One ◽

Concept Of Law

In The Nature of International Law, Miodrag Jovanović, generally speaking, tries to explain the concept of international law. He analyzes few typical characteristics of the prototype concept of law (institutionality, normativity, coercion and justice-aptness), and then he looks at contemporary international law through "the lenses" of these characteristics. The article pays special attention to his analysis of the normativity of (international) law. The main intention is not to criticize Jovanović's theses about the normativity of law, as such, but to point out that they are not the best possible framework for explaining the normativity of international law. Therefore, a different and more appropriate conceptual framework is presented than the one he offered in the key of Raz's idea of legal norms as exclusionary reasons for action and practical rationality. This framework is grounded on Hart's well-known idea of an internal point of view. The presented argumentation shows that within such a framework, the normativity of international law could be better explained and understood, and also it seems that certain ingrained intuitions about international law fit well into it.

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