scholarly journals INVITATION TO READ. REVIEW

2021 ◽  
Vol 16 (1-2) ◽  
pp. 91-95
Author(s):  
Nicoleta Diaconu
Keyword(s):  
International Law ◽  
Political Science ◽  
Publishing House ◽  
Doctoral Thesis ◽  
Economic Law ◽  
Extensive Documentation ◽  
Interdisciplinary Character ◽  
The Relationship

The paper "The Influence of International Law on Contemporary Geopolitics", developed by Dr. Chiţu Alexandru-Cristinel is the result of documentary and research efforts carried out by the author during the internship of the doctoral thesis with the same title in the field "Law" in 2019. Publication of the doctoral thesis at the "Top Form" publishing house proves the author's intention to provide society with more information on the relationship between international law and contemporary geopolitics. The paper has a complex, interdisciplinary character, bringing together elements of international law, economic law, political science and geopolitics, being based on extensive documentation.

Self-Determination and Territorial Integrity: Southern Cameroons and the Republic of Cameroun

2019 ◽  
Vol 27 (4) ◽  
pp. 629-653
Author(s):  
Valerie Muguoh Chiatoh
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Third World ◽  
Self Determination ◽  
Territorial Integrity ◽  
Present Issue ◽  
The Republic ◽  
The Relationship

African states and institutions believe that the principle of territorial integrity is applicable to sub-state groups and limits their right to self-determination, contrary to international law. The Anglophone Problem in Cameroon has been an ever-present issue of social, political and economic debates in the country, albeit most times in undertones. This changed as the problem metamorphosed into an otherwise preventable devastating armed conflict with external self-determination having become very popular among the Anglophone People. This situation brings to light the drawbacks of irregular decolonisation, third world colonialism and especially the relationship between self-determination and territorial integrity in Africa.

Domestic Anti-Avoidance Legislation in Relation to Tax Treaty Law

2017 ◽  
Vol 6 (2) ◽  
pp. 312
Author(s):  
Shkumbin Asllani
Keyword(s):  
International Law ◽  
Tax Avoidance ◽  
International Taxation ◽  
Main Principle ◽  
Legal Practice ◽  
Tax Treaties ◽  
International Tax ◽  
Tax Payers ◽  
The Relationship ◽  
Domestic Law

In today’s international taxation most of the developing countries enter into tax treaties which are drafted in line with the OECD MC to eliminate double taxation. Yet, is well-known fact that tax treaties in practice are abused by tax payers, therefore, majority of states have introduce legislation specifically designed to prevent tax avoidance and protect their domestic interests. In legal practice and literature the act of overriding international tax treaties and denying treaty benefits in favour of domestic law provisions threatens main principle of international law and therefore is questionable to what extend the relationship between domestic law and international tax treaty agreements bridges the international norms.

Two Theories of Effective Government

2017 ◽  
Author(s):  
Johannes Lindvall
Keyword(s):  
Political Science ◽  
Political Institutions ◽  
Public Policies ◽  
Methodological Approach ◽  
Decision Makers ◽  
Precise Definition ◽  
Policy Changes ◽  
Political Decision ◽  
Definition Of ◽  
The Relationship

This chapter introduces the problem of “reform capacity” (the ability of political decision-makers to adopt and implement policy changes that benefit society as a whole, by adjusting public policies to changing economic, social, and political circumstances). The chapter also reviews the long-standing discussion in political science about the relationship between political institutions and effective government. Furthermore, the chapter explains why the possibility of compensation matters greatly for the politics of reform; provides a precise definition of the concept of reform capacity; describes the book's general approach to this problem; and discusses the ethics of compensating losers from reform; and presents the book's methodological approach.

International Law and Religion

2017 ◽  
Author(s):  
Martti Koskenniemi
Keyword(s):  
International Law ◽  
Research Agendas ◽  
Relationship Of ◽  
The Relationship

This chapter introduces the themes and the chapters of the book. It points out that there has been no clear tradition of research on the relations of ‘international law’ and ‘religion’. Hence, for the production of this work, there was no stable ground. The editors have tried to avoid pronouncing on the value of ‘more’ or ‘less’ intense engagement between international law and religion; instead the point has been to focus the various, often hidden forms of their alliance. Any study of ‘religion’ and ‘international law’ must confront the fact that both terms are complex wholes of ideas and practices whose scope and meaning is contested by people most intimately connected to them. Even to ask the question of the ‘relationship of international law and religion’ is scarcely more than to gesture towards further inquiries and research agendas about how each entity should be best approached.

The Obligation to Afford Reparation to Injured Individuals

2017 ◽  
Author(s):  
Carla Ferstman
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Treaties ◽  
The Law ◽  
The Right ◽  
Right Of Access ◽  
The Relationship

This chapter considers the consequences of breaches of human rights and international humanitarian law for the responsible international organizations. It concentrates on the obligations owed to injured individuals. The obligation to make reparation arises automatically from a finding of responsibility and is an obligation of result. I analyse who has this obligation, to whom it is owed, and what it entails. I also consider the right of individuals to procedures by which they may vindicate their right to a remedy and the right of access to a court that may be implied from certain human rights treaties. In tandem, I consider the relationship between those obligations and individuals’ rights under international law. An overarching issue is how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and particularly, their application to individuals.

Legitimacy

2019 ◽  
Keyword(s):  
International Law ◽  
The State ◽  
State Sovereignty ◽  
International Courts ◽  
The Rule Of Law ◽  
State Legitimacy ◽  
The Relationship ◽  
Supranational Institutions

This collection brings together scholars of jurisprudence and political theory to probe the question of ‘legitimacy’. It offers discussions that interrogate the nature of legitimacy, how legitimacy is intertwined with notions of statehood, and how legitimacy reaches beyond the state into supranational institutions and international law. Chapter I considers benefit-based, merit-based, and will-based theories of state legitimacy. Chapter II examines the relationship between expertise and legitimate political authority. Chapter III attempts to make sense of John Rawls’s account of legitimacy in his later work. Chapter IV observes that state sovereignty persists, since no alternative is available, and that the success of the assortment of international organizations that challenge state sovereignty depends on their ability to attract loyalty. Chapter V argues that, to be complete, an account of a state’s legitimacy must evaluate not only its powers and its institutions, but also its officials. Chapter VI covers the rule of law and state legitimacy. Chapter VII considers the legitimation of the nation state in a post-national world. Chapter VIII contends that legitimacy beyond the state should be understood as a subject-conferred attribute of specific norms that generates no more than a duty to respect those norms. Chapter IX is a reply to critics of attempts to ground the legitimacy of suprastate institutions in constitutionalism. Chapter X examines Joseph Raz’s perfectionist liberalism. Chapter XI attempts to bring some order to debates about the legitimacy of international courts.

The International Legal Personality of the Individual

2018 ◽  
Author(s):  
Astrid Kjeldgaard-Pedersen
Keyword(s):  
International Law ◽  
Legal Rights ◽  
Legal Personality ◽  
Legal Norms ◽  
State Of Affairs ◽  
The Individual ◽  
International Legal Personality ◽  
The Relationship ◽  
Second World

This book scrutinizes the relationship between the concept of international legal personality as a theoretical construct and the position of the individual as a matter of positive international law. By testing four main theoretical conceptions of international legal personality against historical and existing international legal norms that govern individuals, the book argues that the common narrative about the development of the role of the individual in international law is flawed. Contrary to conventional wisdom, international law did not apply to States alone until the Second World War, only to transform during the second half of the twentieth century to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is—and always was—solely contingent upon the interpretation of international legal norms. It follows, of course, that the entities governed by a particular norm tell us nothing about the legal system to which that norm belongs. Instead, the distinction between international and national legal norms turns exclusively on the nature of their respective sources. Against the background of these insights, the book shows how present-day international lawyers continue to allow an idea, which was never more than a scholarly invention of the nineteenth century, to influence the interpretation and application of contemporary international law. This state of affairs has significant real-world ramifications as international legal rights and obligations of individuals (and other non-State entities) are frequently applied more restrictively than interpretation without presumptions regarding ‘personality’ would merit.

State Engagement with Treaties

2019 ◽  
pp. 430-446
Author(s):  
Hannah Woolaver
Keyword(s):  
International Law ◽  
Foreign Relations ◽  
International Institutions ◽  
Separation Of Powers ◽  
State Engagement ◽  
The Relationship ◽  
Two Bodies ◽  
Significant Question

This chapter explores the interaction between domestic and international law in relation to the state’s engagement with treaties. Treaty engagements are important mechanisms through which states conduct their foreign relations. The domestic allocation of responsibility for the making and unmaking of treaties is therefore a significant question of the constitutional separation of powers in the realm of foreign relations law. Treaties are also international legal instruments, facilitating the development of international law and international institutions. The domestic and international law of treaties therefore both concurrently regulate the state’s power to join and leave treaties. This chapter examines the relationship between these two bodies of law in this regard, setting out developments in domestic jurisdictions establishing constitutional limits on the executive’s power to enter and exit treaties, and addresses the possible impact of these constitutional developments in the international law of treaties.

scholarly journals The covid-19 Infodemic and Online Platforms as Intermediary Fiduciaries under International Law

2020 ◽  
Vol 11 (2) ◽  
pp. 331-347
Author(s):  
Barrie Sander ◽  
Nicholas Tsagourias
Keyword(s):  
Public Good ◽  
International Law ◽  
Online Platform ◽  
Platform Governance ◽  
Online Platforms ◽  
Different Dimensions ◽  
Fiduciary Relationships ◽  
The Relationship

Reflecting on the covid-19 infodemic, this paper identifies different dimensions of information disorder associated with the pandemic, examines how online platform governance has been evolving in response, and reflects on what the crisis reveals about the relationship between online platforms, international law, and the prospect of regulation. The paper argues that online platforms are intermediary fiduciaries of the international public good, and for this reason regulation should be informed by relevant standards that apply to fiduciary relationships.

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