scholarly journals History of the Development of the Judicial Defense Institution: The National Experience

Russian judge ◽  
2021 ◽  
Vol 2 ◽  
pp. 47-51
Author(s):  
Elena V. Koroleva ◽  
Keyword(s):  
Civil Rights ◽  
International Law ◽  
Historical Development ◽  
Effective Means ◽  
Current Situation ◽  
Legal Doctrine ◽  
Administration Of Justice ◽  
History Of ◽  
Judicial Protection ◽  
National Experience

This study reveals the development of the Institute of judicial protection in Russia during all stages of its historical development and formation. The author reveals the following questions: 1. Understanding of judicial protection in legal doctrine and practice. 2. the process of development and formation of the Institute of judicial protection in Russia. 3. The current situation of the Institute of judicial protection in terms of legal reality in Russia. This study will determine that the mechanism for the protection of human and civil rights through the administration of justice is one of the most effective means of protection provided for by current legislation and generally recognized principles and norms of international law. In comparison with other methods, the Institute of judicial protection stands out for its independence, objectivity and impartiality, which allows a comprehensive and complete examination of the available evidence when considering a case in court.

scholarly journals Some Aspects of the Statutory Regulation of the Prosecutor’s Involvement in Exercising of the Constitutional Right to Judicial Protection in a Civil Procedure

2020 ◽  
Vol 11 ◽  
pp. 30-33
Author(s):  
Tatyana R. Pozharskaya ◽  
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
Legal Regulation ◽  
Legal Doctrine ◽  
Civil Proceedings ◽  
Constitutional Right ◽  
Judicial Protection ◽  
Procedural Rights ◽  
Statutory Regulation ◽  
Constant Interest

An analysis of the amendments made to the Constitution of the Russian Federation in 2020 made it possible to conclude that the provisions concerning the judicial protection of fundamental human and civil rights and freedoms are stable. The role and content of the legal regulation of the participation of the prosecutor in the implementation on behalf of certain participants in civil proceedings of this right emphasizes the specifics of his procedural position. At the same time, the existence in the legal doctrine and in law enforcement practice of various positions that determine the legal status of the prosecutor in the exercise of the constitutional right to judicial protection, and the lack of a unified approach to resolving this issue give rise to constant interest in this problem. In this study, through the prism of analyzing the content of the procedural rights and duties of the prosecutor, the grounds for the implementation by the prosecutor of constitutional guarantees for protecting the interests of society and the state protected by law, the determinism of his legal status in civil proceedings is substantiated.

scholarly journals Historical Comparison of Sovereignty in International Law

2021 ◽  
Vol 9 (4) ◽  
pp. 128-157
Author(s):  
Louise Kazemi Shariat Panahi
Keyword(s):  
International Law ◽  
Fundamental Principle ◽  
Legal Doctrine ◽  
Historical Comparison ◽  
History Of ◽  
Current Article ◽  
History Of International Law ◽  
Correct Understanding ◽  
Historical Periods ◽  
United Nation

The current article aims to study on the concept of sovereignty in international law. To this end, sovereignty is historically examined and compared in different legal doctrines. In fact, there is a verity of legal theories on the formulation and conceptualization of sovereignty. The dominant perspective of the contemporary legal doctrines sees sovereignty as wornout and outdated concept which belongs to classical legal doctrines. This article argues such accounts and shows how the concept of sovereignty survived through historically legal developments and has still been influential in the sphere of international law. Although the main legal events comprising Westphalian truce, world wars, the foundation of United Nation organization and so on have changed the nature and content of sovereignty in the history of international law, it has remained as a fundamental principle of international law. The lack of correct understanding of this concept can reinforce the obstacles for legal modeling and doctrines. So, through such a historical comparison, the research elaborates the reconceptualization process in the concept of sovereignty and elucidates how sovereignty means in the contemporary international law and how this concept defined by the modern legal doctrine influences international law and globally affects the legal order among states. Discussing the different legal doctrines on the concept of sovereignty in different historical periods, the article reveals the present considerations on sovereignty in contemporary international law.

Divide and Then Preside: the Dilemma of the First Asian President of the Permanent Court of International Justice in the Age of Empires: a Review Essay on Yanagihara Masaharu and Shinohara Hatsue Eds, Adachi Mineichirō (2017)

2019 ◽  
Vol 21 (3) ◽  
pp. 421-442
Author(s):  
Tomoko Akami
Keyword(s):  
International Law ◽  
Review Essay ◽  
Historical Development ◽  
Review Article ◽  
International Justice ◽  
Judicial System ◽  
National History ◽  
International History ◽  
History Of ◽  
History Of International Law

Abstract Adachi Mineichirō was the first non-European and the first Asian President of the Permanent Court of International Justice (1931–1934). This review article introduces the first substantial study of Adachi, focusing on his path of ‘becoming’ one of a few leading international jurists with non-Euro-American backgrounds in his period. This review essay demonstrates that by examining this Japanese diplomat and jurist, the book, written in Japanese, contributes to the debates on the history of international law in two significant ways. First, it reveals the fundamental issues in the development of the international judicial system, namely the nature of international jurists, empires and the principle of the equality of national sovereignty, and the significance of the roles of non-Euro-American actors in shaping the system. Secondly, it demonstrates the necessity of the inter-disciplinary collaboration between international law, international history and specific regional and national history, as well as methodological challenges in evaluating the historical development of the system.

1 Historical Development of the Law of the Sea

2015 ◽  
Author(s):  
Treves Tullio
Keyword(s):  
Twentieth Century ◽  
United Nations ◽  
International Law ◽  
Historical Development ◽  
Law Of The Sea ◽  
The Third ◽  
History Of ◽  
Historic Development ◽  
The Law ◽  
Early Phases

This chapter highlights, in the historic development of the law of the sea, the roots of the law as it currently stands and the questions still open today. It considers the early phases of the evolution of the law of the sea up to the end of the nineteenth century followed by, in more detail, developments that took place in the twentieth century up until the Third United Nations Conference on the Law of the Sea. This fundamental event in the history of the law of the sea in the twentieth century is the basis of the international law of the sea of today, and is dealt with in subsequent chapters of this Handbook.

scholarly journals The case for a history of global legal practices

2017 ◽  
Vol 25 (1) ◽  
pp. 108-130 ◽  
Author(s):  
Tomas Wallenius
Keyword(s):  
International Law ◽  
Literary Theory ◽  
Social Order ◽  
Historical Study ◽  
Legal Doctrine ◽  
Alternative Approach ◽  
Contextual Understanding ◽  
Legal Texts ◽  
Historical Importance ◽  
History Of

The contextual understanding of treatises of great legal thinkers has become an important focus in the historical study of international law. This article argues for an alternative approach going beyond classics of legal doctrine to study the interlinked broader global legal practices that constituted actual patterns of social order. Dead practitioners can, however, only be accessed through texts that remain under-conceptualized. I argue that literary theory provides the most helpful insights for developing a framework for studying legal texts. The historical importance of a legal text depends not only on why it was written, but also on how it was used, reinterpreted and even modified by later practitioners. The new method highlights an important alternative dynamic of legal change that first takes place through practice and is introduced to doctrine only afterwards, with posthumous editors often drastically modifying canonical works in order to make them more useful for contemporary practitioners.

Boureslan v. Aramco

1989 ◽  
Vol 83 (2) ◽  
pp. 375-380
Author(s):  
Marialuisa S. Gallozzi
Keyword(s):  
Civil Rights ◽  
International Law ◽  
Equal Employment Opportunity Commission ◽  
Equal Employment Opportunity ◽  
Title Vii ◽  
Legislative History ◽  
Civil Rights Act ◽  
Court Of Appeals ◽  
History Of ◽  
The U.S

Plaintiff, a United States citizen employed in Saudi Arabia, brought an employment discrimination suit against defendant, a U.S. corporation, alleging violations of title VII of the Civil Rights Act of 1964 (42 U.S.C. §2000e (1982)). The U.S. Court of Appeals for the Fifth Circuit affirmed (per Davis, J.) the district court’s dismissal of the suit for lack of subject matter jurisdiction and held (two to one): (1) that neither the language nor the legislative history of title VII evinces a clearly expressed congressional intent to apply title VII outside U.S. borders; (2) that in the absence of clearly expressed congressional intent to the contrary, the presumption against extraterritoriality controls; and (3) that no “negative inference” extending the reach of title VII should be drawn from its “alien exemption” provision. Judge King’s dissent discussed international law principles not addressed by the majority. The Fifth Circuit subsequently granted on December 23, 1988, the petition for rehearing en banc submitted by plaintiff and various amici, including the Equal Employment Opportunity Commission (EEOC).

scholarly journals The Concept of “Judicial Doctrine” in Russian Jurisprudence (General Notes)

Lex Russica ◽  
2021 ◽  
pp. 96-107
Author(s):  
L. P. Anufrieva
Keyword(s):  
International Law ◽  
The Other ◽  
Legal Doctrine ◽  
Generic Concept ◽  
Foreign Literature ◽  
Administration Of Justice ◽  
General Scientific ◽  
Judicial Doctrine ◽  
Scientific Doctrine ◽  
Scientific Sense

The paper aims to address the totality of individual terms based on the generic concept of “doctrine”: “legal doctrine”, “scientific doctrine”, “judicial doctrine” the way they are interpreted in modern Russian legal science. Substantially and conceptually, the work anticipates an approach to another subject that is an integral part of the Russian judicial doctrine and the process of its formation, namely the application of the principles and norms of international law in the administration of justice. The paper focuses on some ambiguous interpretations of the understanding of the phenomena that are combined with each other due to the interweaving of the above concepts found in modern domestic and foreign literature, sometimes mixing their external and internal sides, proposed corresponding original solutions or paradoxical qualifications. Two extremes are emphasized in the course of revealing the essence of the analyzed concepts: either an almost arbitrary — mechanical — connection of all the elements present in one case or another into a kind of artificial “complex”, or a declination in favor of only one component as a central (or supporting) component while ignoring the others. Analyzing the legal doctrine as a concept the author differentiates between a category of science and judicial doctrine, and assumes that it is worth avoiding hyperbolization of differentiation between them. On the other hand, it would be fruitless to draw direct lines of their influence on each other. At the same time, when using the term “judicial doctrine”, it is impossible to abstract from the concept of “doctrine” in the general scientific sense. Their mutual intersection with each other, “penetration” into each other are objective. Formulating the conclusions on the problems of the concepts of legal, scientific and judicial doctrine, the author advocates greater caution in making proposals and, at the same time, greater criticism in assessing the already existing conclusions of legal theorists and practitioners.

The 1871 London Declaration, Rebus Sic Stantibus and A Primitivist View of the Law of Nations

1988 ◽  
Vol 82 (1) ◽  
pp. 1-40 ◽  
Author(s):  
David J. Bederman
Keyword(s):  
Social Sciences ◽  
International Law ◽  
Intellectual History ◽  
Historical Development ◽  
Its Analysis ◽  
Law Of Nations ◽  
National Competition ◽  
History Of ◽  
The Law

International law is the most rarefied of social sciences. Even so, it has scarcely any sense of its intellectual history. International law is finely articulated, oblique in its analysis, and respectful of its position as an arbiter of national competition and conflict. But aside from the casual citation to an ancient arbitration or the consultation of a famous publicist for an essential principle, little credence has been given to its historical development as either a collection of doctrines or a learned study. This article offers both an intellectual history of an international law doctrine and a tour d’horizon of the nature of discourse in our discipline.

The History of Article 38 of the Statute of the International Court of Justice

2018 ◽  
Author(s):  
Malgosia Fitzmaurice
Keyword(s):  
International Law ◽  
International Organizations ◽  
Historical Development ◽  
Current Status ◽  
International Court Of Justice ◽  
Customary International Law ◽  
Court Of Justice ◽  
International Court ◽  
History Of ◽  
General Principles Of Law

This chapter analyses the history of Article 38 of the International Court of Justice (ICJ) Statute. It also seeks to reflect on the Article’s current status. The main focus of this chapter is to look at sources of international law through the prism of their historical development, including potential ‘new’ sources (acts of international organizations, unilateral acts of States, soft law) which have emerged long after the twelve ‘wise men’ of the Advisory Committee of Jurists had completed their task of drafting Article 38. The chapter also deals with the ‘classical’ sources of international law, such as customary international law and general principles of law. It takes into account how various courts and tribunals approach these sources.

Not as It Is Written

2020 ◽  
Vol 42 (2) ◽  
pp. 78-100
Author(s):  
Benjamin Houston
Keyword(s):  
African American ◽  
Civil Rights ◽  
Oral History ◽  
Civil Rights Movement ◽  
International Exhibition ◽  
Black Experience ◽  
American Perspective ◽  
History Of ◽  
Black Life ◽  
Made In

This article discusses an international exhibition that detailed the recent history of African Americans in Pittsburgh. Methodologically, the exhibition paired oral history excerpts with selected historic photographs to evoke a sense of Black life during the twentieth century. Thematically, showcasing the Black experience in Pittsburgh provided a chance to provoke among a wider public more nuanced understandings of the civil rights movement, an era particularly prone to problematic and superficial misreadings, but also to interject an African American perspective into the scholarship on deindustrializing cities, a literature which treats racism mostly in white-centric terms. This essay focuses on the choices made in reconciling these thematic and methodological dimensions when designing this exhibition.

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