The Development and Formation of International Law

1912 ◽  
Vol 6 (1) ◽  
pp. 1-29 ◽  
Author(s):  
Ernest Nys
Keyword(s):  
International Law ◽  
The Political ◽  
Human Reason ◽  
The Earth ◽  
The People ◽  
The Subject ◽  
The Republic ◽  
Civil Laws

“Law in general,” says Montesquieu, “is human reason so far as it controls all the people of the earth, and the political and civil laws of each nation can only be considered as individual cases in which this human reason is applied.” Reason was held by the Romans to constitute one of the fundamental elements of law. Cicero announced the existence of “a veritable law, true reason (recta ratio), in conformity with nature, universal, immutable and eternal, the commands of which constitute a call to duty and the prohibitions of which avert evil.”It is at present unnecessary to consider what influence the Stoic, Academic and Epicurean doctrines had on Roman jurisprudence, and it would be risky to support as absolutely final any view which might be expressed on the subject. During the last phases of the Republic there had already come to exist in the world’s capital a fusion of the different schools of philosophy; and traces of the Platonic teachings constantly appear in the expression of the great orator’s lofty thought.

ՀԱՆՐԱՅԻՆ ԿԱՌԱՎԱՐՄԱՆ ՔԱՂԱՔԱԿՐԹԱԿԱՆ ՈՒ ՔԱՂԱՔԱԳԻՏԱԿԱՆ ԿԱԶՄԱԿԵՐՊՄԱՆ ՀԻՄՆԱԽՆԴԻՐՆԵՐԸ

2021 ◽  
pp. 118-139
Author(s):  
Yuri Suvaryan
Keyword(s):  
Public Administration ◽  
The Political ◽  
Business Elite ◽  
Analytical Thinking ◽  
The People ◽  
Science Diplomacy ◽  
Deep State ◽  
Scientific Principles ◽  
The Republic ◽  
State And Local

CIVILIZATION AND POLITOLOGICAL PROBLEMS OF THE ORGANIZATION OF PUBLIC ADMINISTRATION Logically, according to historical experience, the security of the statehood of each country (nation), the efficiency of public administration are conditioned by the degree of development of the political-state administrative thought and by the level of civilization achieved. If the former is inferior to the latter, then under the influence of that factor the efficiency of public administration is significantly reduced. The statehood, the fate of the people, the possibility of living safely in its homeland are endangered. Therefore, it is necessary to prioritize the increase of public administration efficiency, in particular, to introduce scientific principles in the system of state and local selfgovernment, to develop the political culture of the society and the level of analytical thinking, to attach essential importance to the training of personnel in the fields of political science, diplomacy, international law, to conduct scientific reasearch in those areas with the aim of using the results obtained in making strategic management decisions to clarify the distribution of powers between the branches of government, and to enshrine in the necessary restraint and counterbalance structure. The so-called deep state is a guarantee of state security, effective management in the conditions of generalization, a counterbalancing factor directing the activities of the civil society. In the Republic of Armenia such a role can claim the Armenian Apostolic Church, the intellectual-mature business elite, the high-ranking officers of the army and the National Security Service.

Evwie (Kola Nut) and its socio-religious values among Idjerhe people of Nigeria PEOPLE OF NIGERIA

2021 ◽  
Vol 42 (1) ◽  
pp. 51-63
Author(s):  
Peter O. O. Ottuh ◽  
Keyword(s):  
West Africa ◽  
Critical Review ◽  
Religious Values ◽  
Mutual Trust ◽  
Religious Activities ◽  
Edible Fruit ◽  
The Earth ◽  
The People ◽  
The Subject ◽  
Participatory Observation

The popular edible fruit called kola nut that is found all over the Earth is native to the people of West Africa. In Idjerhe (Jesse) culture, the kola nut is part of the people’s traditional religious activities and spirituality. The presentation, breaking, and eating of the kola nut signifies hospitality, friendship, love, mutual trust, manliness, peace, acceptance, happiness, fellowship, and communion with the gods and spirits. These socio-religious values of the kola nut among the Idjerhe people are not well documented,however, and this paper aims to fill the lacuna. It employs participatory observation and oral interviews, supported by a critical review of scholarly literature on the subject. The research posits that churches can use the kola nut as a Eucharistic element that would be meaningful and indigenous to the Idjerhe people.

The concept and basis of responsibility in international cargo transportation by sea

2021 ◽  
Vol 67 (06) ◽  
pp. 85-90
Author(s):  
Aytac İlham qızı Cəfərova ◽  
Keyword(s):  
International Law ◽  
Key Words ◽  
Prima Facie ◽  
Subject Area ◽  
Direct Impact ◽  
Main Subject ◽  
Legal Relationship ◽  
The Subject ◽  
Cargo Transportation ◽  
The Republic

The article examines the concept and basis of responsibility in international sea freight. The relations arising in international cargo transportation by sea have a direct impact on the subject area of the institution of responsibility in this area. First of all (prima facie), the carrier and the consignor have mutual rights and obligations. However, the legal relationship between the consignee and the consignor also affects the legal relationship with the carrier, and the carrier acts as the main subject of the relevant liability. Accompanying the guilty and innocent carrier in international cargo transportation by sea is the responsibility. In both cases, the legislation of the Republic of Azerbaijan contains appropriate forms of liability. However, there is a need in the legislation of the Republic of Azerbaijan to bring absolute or objective responsibility in line with international law. In particular, the liability provisions of the legislation on sea freight must include an "institution of liability", formed in accordance with the "immunity catalog" or "exclusion catalog". In this case, the carrier is absolutely responsible for everything that does not belong to the "immunity catalog", and the problem of liability for guilt is not the subject of discussion. Key words: conosament, liability, international carriage, carriage of goods by sea, Hamburg rules, legislation, conventions norms, Rotterdam Rules, law

The People: Ethnoracial Configurations, Old and New

2020 ◽  
pp. 79-96
Author(s):  
Leila Brännström
Keyword(s):  
Western Europe ◽  
Northern Europe ◽  
The Political ◽  
Right Wing ◽  
The People ◽  
Political Forces ◽  
The Subject ◽  
Political Association ◽  
The Relationship ◽  
Point Of Departure

In recent years the Sweden Democrats have championed a clarification of the identity of the ‘the people’ in the Instrument of government. The reference, they argue, should be to the ethnic group of Swedes. This chapter will take this ambition to fix the subject of popular sovereignty as the point of departure for discussing some of the ways in which the contemporary anti-foreigner political forces of Northern and Western Europe imagine ‘the people’ and identify their allies and enemies within and beyond state borders. To set the stage for this exploration the chapter will start by looking at Carl Schmitt’s ideas about political friendship, and more specifically the way he imagines the relationship between ‘us’ in a political and constitutional sense and ‘the people’ in national and ethnoracial terms. The choice to begin with Schmitt is not arbitrary. His thoughts about the nature of the political association have found their way into the discourse of many radical right-wing parties of Western and Northern Europe.

scholarly journals Ustav, populizam i kraj liberalne demokracije - "referendumanija" ugrožava temelje ustavnog poretka

2019 ◽  
Vol 56 (4) ◽  
pp. 761-784
Author(s):  
Branko Smerdel
Keyword(s):  
Political System ◽  
The Political ◽  
Constitutional Democracy ◽  
Political Struggle ◽  
Checks And Balances ◽  
The People ◽  
Long Time ◽  
The Republic ◽  
Parliamentary Supremacy ◽  
Political Groups

Democracies are at risk to be strangled by the populist demagogues, posturing as the only and true leaders of 'the people', while disregarding constitutional "structure of liberty", meaning that, the parliamentary supremacy, judicial review and, above all, the constitutional limits to the very direct decision making by the voters' constituencies. Referenda are being used ever more, often to push certain decision, which could not pass the parliament. The claim is that there must not be any limits to the power of the people. That phenomenon the most esteemed liberal magazine "The Economist" nicknamed coining the word "referendumania", apparently combining 'a mania' with 'referenda'. It has been received with a lot of sympathy by the general public, in circumstances when the television and the Internet shows all the misery of the numerous assemblies, not only in a new but also in the mature democracies. After the referendum on the Brexit has been used as an instrument of the political struggle in the mother of parliaments, Great Britain, which lead to the ongoing "melting down" of the highly valued British political system, it seems that the worst of prophecies are realized by advancing populist forces in a number of Euroepan states. Republic of Croatia has been for a long time exposed to such treats, by the political groups extremely opposed to governmental policies, first by the Catholic conservatives and most recently by the trade unionists. Due to the very inadequate regulation of the referenda on civil initiatives, whereas the decision is to be made by a majority of those who vote, without any quorum being provided, the posibilites of manipulation are enormous. In the lasting confusion, a number of politicians has already proclaimed their intention, if elected the president of the Republic, to use such a referendum in order to remove all the checks and balances between the chief of state and "the people". Taking such treats very seriously in the existing crisis of democracy, the author emphasizes hi plead for an interparty agreement which would enable the referendum to be properly regulated and thus incorporated into the system of a democratic constitutional democracy.

scholarly journals Je Suis Charlie or the Fragility of the Republican Sacred: On January 11th, 2015 and Its Afterlives

Religions ◽  
2019 ◽  
Vol 10 (3) ◽  
pp. 202
Author(s):  
S. Romi Mukherjee
Keyword(s):  
Nodal Point ◽  
Symbolic Power ◽  
The Political ◽  
The People ◽  
Simple Demonstration ◽  
The Republic ◽  
Charlie Hebdo

Following the Charlie Hebdo attacks, the demonstrations or “public mourning” of January 11th, 2015 were heralded by many as the return of the republican sacred, the re-crystallization of a long dormant people, and the resurrection of French fraternity en vivo. However, in the saturation of these political hagiographies, a series of trenchant critiques and observations quickly sought to deconstruct the meaning and putative symbolic power of January 11th. One was struck by the homogeneity of “the people” and the ostensible absence of Arabo-Muslim voices in the somber effervescence that typified the post-Charlie ambiance. Moments of silence were mocked in the banlieue and the homage rendered to the “blasphemers” was blasphemed itself. The imperative to “be Charlie” emerged less as a totemic index of republican solidarity than a Manichean strategy which exacerbated the generally perceived “fracture française”. The result was not only a calling into question of the legitimacy of January 11th, but also a series of counter-articulations which affirmed inter alia “Je ne suis pas Charlie” or worse “Je suis Coulibaly”. January 11th also divided the French left between those who read the event as the re-enchantment of the republican sacred and the people and “liberal” missives which deemed it a simulacra of solidarity, a racist demonstration comprised of “Catholic Zombies” and “Islamophobes”. This paper examines the cleavages engendered by January 11th and its afterlives which reveal not only the fragility of the Republic as a project, but also the fragility of the political sacred that has historically girded this project. At stake is not simply the question “who is Charlie”, but rather “who are the people” and what form they can or should take in a pluralist republic plunged in the perilous entre-deux between communitarianism and the possibility of a cosmopolitan republicanism. January 11th, far from being a simple demonstration, is a metaphor, a nodal point, and a seismograph of the force and frailness of the republican sacred and its capacity to enthrall, convince, and console.

scholarly journals Gita Philosophy and its Influence on Nepali Politics

2020 ◽  
Vol 33 (1) ◽  
pp. 167-178
Author(s):  
Girdhari Dahal
Keyword(s):  
First Generation ◽  
The Political ◽  
Political Movements ◽  
Political Leaders ◽  
Democratic Movement ◽  
The People ◽  
Political Interests ◽  
History Of ◽  
The Republic

The people of Nepal have witnessed different political movements in the political history of Nepal. The political movements are influenced by different philosophies. Gita philosophy as well has marked distinct impact in the politics of Nepal. The people of Nepal had to bear a lot of injustice, oppression and exploitation during Rana rule. Although the governments prior to Rana rule were also not so much democratic, to some extent they were directed to public welfare. At the time of Rana rule there had taken place many reformations in global politics, but Nepali people were denied off very common citizen rights. So, there was a need for a democratic movement in Nepal. In the campaigns for democratic movements then, there was a very significant impact of Gita philosophy. It is found from this study that four martyrs of 1997BS and founder leaders of Nepali Congress and Nepal Communist Party were influenced by the ideas of Gita philosophy and the general public has a great faith on the Gita philosophy. Gita philosophy has formed the foundations for the democratic movement in Nepal. And even after the establishment of democracy in Nepal, there were series of political changes in Nepal. And in the revolutions or campaigns for restoration of democracy or for the republic, there has been a role of different political leaders and as many of the first-generation leaders are still in active politics, we can find direct or indirect influence of Gita philosophy in Nepalese politics. Though the later generations of leadership seem to have less knowledge about Gita, their activities and the political interests matched with the principles of Gita philosophy.

scholarly journals POLICY AND PRACTICE: REFLEKSI PERJANJIAN DAMAI HELSINKI 2005-2018: KESUKSESAN DAN TANTANGAN KEDEPAN

2019 ◽  
Vol 1 (1) ◽  
pp. 33-51
Author(s):  
M. Ya'kub Aiyub Kadir
Keyword(s):  
The Political ◽  
Policy And Practice ◽  
Peace Agreement ◽  
Sustainable Peace ◽  
The People ◽  
Free Aceh Movement ◽  
Cultural Status ◽  
The Republic ◽  
The Government ◽  
Political Economic

This paper is a reflection of the peace agreement between the Free Aceh Movement and the Government of Indonesia from 2005 to 2018. There have been improvement after a decade but there are still challenges that must be realized. The Helsinki Memorandum of Understanding (known as Helsinky peace agreement) on 15 August 2005 resulted a consensus that Aceh could have greater rights than before, as stipulated in the Law on Governing Aceh number 11/2006. Thus, Aceh has more authorities to redefine the political, economic, social and cultural status in the Republic of Indonesia system. This paper attempts to analyze this problem through a historical description of the movement of the Acehnese people, in the hope of contributing to increasing understanding of the concept of the Helsinki peace agreement in the context of sustainable peace and welfare improvement for the people of Aceh

scholarly journals POLITIK PEMBERLAKUAN SYARI`AT ISLAM DI ACEH DAN KELANTAN (1993-2014)

2015 ◽  
Vol 10 (1) ◽  
pp. 41-70
Author(s):  
Khamami Zada
Keyword(s):  
Federal Government ◽  
Islamic Law ◽  
Central Government ◽  
Political Power ◽  
Family Law ◽  
The Political ◽  
The People ◽  
Significant Difference ◽  
The Republic ◽  
Main Factor

The application of Islamic rules in Aceh and Kelantan is also related to the political power. There is a significant difference about political treatment on the application of Islamic law in Aceh and Kelantan. In Aceh, the central government (Indonesia) thinks that it is needed to apply jinâyah law in Aceh as a strategy to solve conflicts. This political rule has been applied in the republic of Indonesia since the leadership of Habibie, Abdurrahman Wahid, Megawati Soekarno Putri to Susilo Bambang Yudhoyono. The main factor that influences the Indonesian political government rule is the central conflict with the Acehnese in the leadership of Soeharto presidential to the Helsinski Agreement 2005. Some vertical conflicts happened between the central government and the Acehnese were solved by giving special autonomy in applying the Islamic rules. Not only family law and economic law which are given autonomy to be applied in Aceh, but also the autonomy to apply jinâyah Law. In Kelantan, Federal government (Malaysia) did not have political wish to apply Jinayah Law in Kelantan since the leadership of Mahathir Muhammad, Abdullah Badawi to Najib Razak. Moreover the federal government made the issue of the application of jinâyah law as the political commodity to get the political sympathy from the people, who are the partner of non Moslem voters in the national ranks and some Moslem voters who are not affiliated with PAS. This political needs factor is kept by the Federal Government to respond the Kelantan’s government wish to apply Islamic rules.Copyright (c) 2015 by Al-Ihkam. All right reserved DOI : 10.19105/al-ihkam.v10i1.588 

scholarly journals O CONFLITO COMO PROMOTOR DA LIBERDADE NA REPÚBLICA MAQUIAVELIANA

2017 ◽  
Vol 2 (7) ◽  
pp. 224
Author(s):  
Luis Fernando De Carvalho Sousa
Keyword(s):  
The Political ◽  
The People ◽  
Key Players ◽  
The Republic ◽  
Political Disputes

O pensamento maquiaveliano é motivo de disputas e controvérsias entre diversos pesquisadores. Esses embates, geralmente, giram em torno das interpretações de posições políticas e implicações de conceitos utilizados pelo autor. O presente artigo buscou compreender a questão do conflito na república maquiaveliana e seus atores, visando apontar o papel do povo no conflito e a função que Maquiavel lhe atribui como um dos principais agentes na manutenção em promoção da liberdade dentro do regime republicano proposto pelo filósofo. Tal elemento aparece como um dos principais agentes na manutenção e promoção do regime democrático. Nesse sentido, tornam-se elementos fundamentais para se entender as disputas políticas na república. Por meio de uma pesquisa bibliográfica o artigo buscou compreender essa relação conflituosa que se dá dentro do ambiente republicano e concluiu que embora havendo divergências em torno das disposições dentro da república o papel de solucioná-las cabe sempre às instituições.Palavras-chave: Maquiavel; Conflito; Liberdade; República; Povo.THE CONFLICT AS A PROMOTER OF FREEDOM IN THE MACHIAVELLIAN REPUBLICABSTRACTThe Machiavellian thinking is cause of disputes and controversies between several researchers. These conflicts usually revolve around the interpretation of political positions and implications of concepts used by the author. This article seeks to understand the issue of conflict in the Machiavellian republic and its actors, aiming to identify the role of the people in the conflict and the role that Machiavelli attributes to it as one of the key players in maintaining in promoting freedom within the republican regime proposed by the philosopher. This element appears as one of the key players in the maintenance and promotion of democracy. In this sense, become key elements to understand the political disputes in the republic. Through a bibliographical research the article sought to understand this conflicting relationship that takes place within the republican environment and concluded that although there are divergences around the dispositions within the republic the role of resolving them always rests with the institutions.Keywords: Machiavelli; Conflict; Freedom; Republic; People.EL CONFLICTO COMO UN PROMOTOR DE LA LIBERTAD EN LA REPÚBLICA MAQUIAVÉLIANARESUMEN El pensamiento maquiavélico es causa de conflictos y controversias entre varios investigadores. Estos conflictos por lo general giran en torno a la interpretación de las posiciones políticas e implicaciones de los conceptos utilizados por el autor. En este artículo se busca entender el tema del conflicto en la república maquiavélica y sus actores, con el objetivo de identificar el papel del pueblo en los conflictos y el papel que Maquiavelo atribuye a él como uno de los jugadores clave en el mantenimiento en la promoción de la libertad dentro del régimen republicano propuesto por el filósofo. Este elemento aparece como uno de los jugadores clave en el mantenimiento y promoción de la democracia. En este sentido, se convierten en elementos clave para entender los conflictos políticos en la república. A través de un artículo de revisión de la literatura tuvo como objetivo comprender esta relación de confrontación que tiene lugar dentro del entorno republicano y concluyó que, aunque existe desacuerdo sobre las disposiciones en función de la república para resolverlos siempre recae en las instituciones.Palabras clave: Maquiavelo; El Conflicto; La Libertad; La República; Pueblo.

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