The Codification of International Law

1924 ◽  
Vol 18 (2) ◽  
pp. 260-280
Author(s):  
James Brown Scott
Keyword(s):  
International Law ◽  
The Body ◽  
The Other ◽  
Strict Sense ◽  
Other Hand ◽  
Law Of Nations ◽  
The Law ◽  
Principles Of Justice ◽  
Correct Understanding

There are certain preliminary observations which should be made before we can take up the question of codifying international law or the method of codification, for without a correct understanding of certain matters, which may be considered fundamental, we may not know whether we are to deal with a system of law or a system of philosophy. As a matter of fact we are dealing with both, for law develops unconsciously or consciously in accordance with the principles of philosophy. If the law of nations is to be considered law in the strict sense of the word, we must deal with it as a system of law. If, on the other hand, it is a system of philosophy rather than of law, we must deal with it as philosophy, and the point of approach and the method of treatment will be different. But, above and beyond law, we are dealing with justice, and with those principles of justice, which, expressed in rules of law, we call the law of nations. Justice is the source; the principles of justice applicable to the conduct of nations constitute the law of nations, and the rules of law based upon these principles change with conditions, or to meet new conditions, and form the body and substance of international law at any given period.

Współczesny kryzys migracyjny a uwarunkowania międzynarodowoprawne

2016 ◽  
pp. 67-98
Author(s):  
Przemysław Saganek
Keyword(s):  
International Law ◽  
The Other ◽  
Law Of The Sea ◽  
International Protection ◽  
Other Hand ◽  
The Law ◽  
Migration Crisis ◽  
Definition Of ◽  
The Right ◽  
The Eu

The text of Przemysław Saganek is a part of a wider discussion on the Mediterranean migration crisis. The author underlines the multi-aspect character of the crisis and the fact that several branches of international law which are at stake in it. They cover: the law on refugees, human rights, the law of the sea, the maritime law, the rules on territorial sovereignty and on the crossing of borders. What is of importance are customary norms, treaties and norms of the EU law. The idea of the author is to look at the instruments of international law which may act as incentive for hundreds of thousands of newcomers or as main obstacles for the states to put an end to uncontrolled inflow of people through their borders. His idea is to identify such instruments and start discussion on their possible suspension or termination if the crisis persists. The author comes to the conclusion that the definition of a refugee from the 1951 Geneva Conventionis not by itself a source of problems. The same concerns the subsidiary protection as introduced by the EU qualification directive. The same can be said about the scope of rights of persons covered by the international protection. The only element which requires discussion is the possible redefinition of the right to national treatment as regards the social aid. On the other hand, the scope of powers of states to defend their borders depends on the interpretation of the EU instruments on the protection of borders and the rights of applicants for international protection. The author comes to the conclusion that neither the procedural directive, nor the 2016 Schengen Border Code can be interpreted as a source of the right of an applicant to enter the territory of a Member State. On the other hand, the geographical conditions and the law of the sea make Greece and Italy the most vulnerable for the inflow of persons. The necessity of important changes to the law and its interpretation are referred to in a general way.

scholarly journals Transcendental Justice Law: The Relation of Law and Justice

2021 ◽  
Vol 3 (1) ◽  
pp. 30-49
Author(s):  
Syaifuddin Zuhdi
Keyword(s):  
The Other ◽  
Literature Study ◽  
Philosophical Approach ◽  
Other Hand ◽  
The Law ◽  
Principles Of Justice ◽  
Law And Justice ◽  
Main Pattern

The purpose of this article is to explain the relation between law and justice in order to realize a law that is transcendental justice. The method used is a normative method or literature study with a philosophical approach. The findings from this discussion are that justice is not only talking about benefits and harm such as the principles of justice according to Bentham and Rawls, a good law is a law that is able to represent the values of God’s justice, such as equality (egalitarianism), balance, harmonization, ta’awun (helping each other), recognizing and respecting each other’s rights and obligations, and so on, both in the text of the law, as well as in its application. On the other hand, bad law is a law that deviates(deviative) from the values of justice. This law is like a parasite that only causes damage to society. Justice and truth are not the main pattern, but power and worldly satisfaction are the pattern

Part IV Debates, Ch.46 International Legalism and International Politics

2016 ◽  
Author(s):  
Hoffmann Florian
Keyword(s):  
International Law ◽  
International Politics ◽  
Empty Space ◽  
The Other ◽  
The Political ◽  
Critical Reading ◽  
Law And Politics ◽  
Other Hand ◽  
The Law

This chapter attempts to measure the gap between law and politics, in a recapitulation of where the liberal project of international law stands, as framed within the tensions evident in the international lawyers’ professional preference for legal objectivism and political agnosticism and, on the other hand, their equally professional unwillingness to openly admit to this preference. Legalism represents that gap, yet it is curiously everywhere and nowhere in international law, a paradox produced by the still empty space between the law and the political. But if one follows a historical-critical reading of international law, ‘legalism’ was already born as an ideological framework to defend a liberal internationalist project.

Equity in International Law

1987 ◽  
Vol 22 (2) ◽  
pp. 161-183 ◽  
Author(s):  
Ruth Lapidoth
Keyword(s):  
Burkina Faso ◽  
International Law ◽  
The Other ◽  
International Court Of Justice ◽  
Applicable Law ◽  
Court Of Justice ◽  
Other Hand ◽  
International Court ◽  
The Law ◽  
The Republic

In its judgment concerning the frontier dispute between Burkina Faso and the Republic of Mali (1986), the Chamber ot the International Court of Justice (I.C.J.) summarized its opinion on the applicability of equity as follows:It is clear that the Chamber cannot decideex aequo et bonoin this case. Since the Parties have not entrusted it with the task of carrying out an adjustment of their respective interests, it must also dismiss any possibility of resorting to equitycontra legem. Nor will the Chamber apply equitypraeter legem. On the other hand, it will have regard to equityinfra legem, that is, that form of equity which constitutes a method of interpretation of the law in force, and is one of its attributes. As the Court has observed: “It is not a matter of finding simply an equitable solution but an equitable solution derived from the applicable law”.

The Law of Nations, Static and Dynamic

1933 ◽  
Vol 27 (4) ◽  
pp. 630-650 ◽  
Author(s):  
Josef L. Kunz
Keyword(s):  
International Law ◽  
Historical Development ◽  
Status Quo ◽  
The Other ◽  
Necessary Condition ◽  
Dynamic Development ◽  
Law Of Nations ◽  
The Status ◽  
The Law ◽  
In Virtue Of

The antithesis between a static and a dynamic law of nations, as used in this article, means the distinction between a law of nations primarily occupied with the static purpose of preserving the status quo, containing no rules for its own modification by a peaceful and orderly process, and a law of nations providing rules for its own change. Of course, even a static law will never be able to stop the historical development in a world governed by the supreme rule of change, but this dynamic development will be brought about in many instances by the violation of the static law, by violent methods—revolution in internal, war in international law. On the other hand, no juridical order can be exclusively dynamic, for the maintenance of the law in force is a necessary condition for juridical security. The dynamic law will repose on a balance between static rules making for security, and dynamic rules providing for the necessary change by peaceful methods in conformity with the law which is to be changed. The change here will not be the outcome of a revolution, but of an evolution, brought about in virtue of the juridical order itself.

High Heels sebagai Agensi bagi Tubuh Wanita

2020 ◽  
Vol 5 (2) ◽  
pp. 196
Author(s):  
Sunandar Macpal ◽  
Fathianabilla Azhar
Keyword(s):  
Body Image ◽  
Literature Review ◽  
The Body ◽  
The Other ◽  
Body Image Disturbance ◽  
Other Hand ◽  
High Heels ◽  
Experience Pain ◽  
Woman's Body

The aims of this paper is to explain the use of high heels as an agency for a woman's body. Agency context refers to pain in the body but pain is perceived as something positive. In this paper, the method used is a literature review by reviewing writings related to the use of high heels. The findings in this paper that women experience body image disturbance or anxiety because they feel themselves are not beautiful or not attractive. The use of high heels, makes women more attractive and more confident, on the other hand the use of high heels actually makes women feel pain and discomfort. However, for the achievement of beauty standards, women voluntarily allow their bodies to experience pain. However, the agency's willingness to beauty standards here is meaningless without filtering and directly accepted. Instead women keep negotiating with themselves so as to make a decision why use high heels.

Basic Concepts and Definitions of Allergology

2019 ◽  
Author(s):  
Zoran Vrucinic
Keyword(s):  
Immune Reaction ◽  
The Body ◽  
The Other ◽  
Specific Response ◽  
Other Hand ◽  
Medical Vocabulary ◽  
The Future ◽  
Basic Concepts ◽  
Basic Insight ◽  
Insight Into

The future of medicine belongs to immunology and alergology. I tried to not be too wide in description, but on the other hand to mention the most important concepts of alergology to make access to these diseases more understandable, logical and more useful for our patients, that without complex pathophysiology and mechanism of immune reaction,we gain some basic insight into immunological principles. The name allergy to medicine was introduced by Pirquet in 1906, and is of Greek origin (allos-other + ergon-act; different reaction), essentially representing the reaction of an organism to a substance that has already been in contact with it, and manifested as a specific response thatmanifests as either a heightened reaction, a hypersensitivity, or as a reduced reaction immunity. Synonyms for hypersensitivity are: altered reactivity, reaction, hypersensitivity. The word sensitization comes from the Latin (sensibilitas, atis, f.), which means sensibility,sensitivity, and has retained that meaning in medical vocabulary, while in immunology and allergology this term implies the creation of hypersensitivity to an antigen. Antigen comes from the Greek words, anti-anti + genos-genus, the opposite, anti-substance substance that causes the body to produce antibodies.

Law’s Contradictions

2018 ◽  
Author(s):  
Nimer Sultany
Keyword(s):  
The Other ◽  
Political Actors ◽  
Political Conflicts ◽  
Other Hand ◽  
The Law ◽  
The One

This chapter analyzes concrete Egyptian and Tunisian cases that showcase the interplay between continuity and rupture. These cases illustrate the lack of a systemic relation between law and revolution. On the one hand, the judiciary that interprets and applies the law is part of the very social and political conflicts it is supposed to resolve. On the other hand, the law is incoherent and there are often resources within the legal materials to play it both ways. Thus, the different forces at work use both continuity and rupture to advance their positions. Furthermore, legitimacy discourse mediates the contradictions between law and revolution in the experience of different legal and political actors. This mediation serves an ideological role because it presupposes a binary dichotomy between continuity and rupture, papers over law’s incoherence by reducing it to a singular voice, and reduces revolution to an event rather than a process.

Hobbes among the Classic Jurists

2018 ◽  
Author(s):  
David Boucher
Keyword(s):  
International Relations ◽  
International Law ◽  
The State ◽  
Law Of Nature ◽  
Law Of Nations ◽  
Complete Identification ◽  
The Law ◽  
The Individual ◽  
Hedley Bull ◽  
Hans Morgenthau

The classic foundational status that Hobbes has been afforded by contemporary international relations theorists is largely the work of Hans Morgenthau, Martin Wight, and Hedley Bull. They were not unaware that they were to some extent creating a convenient fiction, an emblematic realist, a shorthand for all of the features encapsulated in the term. The detachment of international law from the law of nature by nineteenth-century positivists opened Hobbes up, even among international jurists, to be portrayed as almost exclusively a mechanistic theorist of absolute state sovereignty. If we are to endow him with a foundational place at all it is not because he was an uncompromising realist equating might with right, on the analogy of the state of nature, but instead to his complete identification of natural law with the law of nations. It was simply a matter of subject that distinguished them, the individual and the state.

scholarly journals Towards a Kenotic Identity Politics: Migration, Transformation and the Eucharist

Religions ◽  
2021 ◽  
Vol 12 (6) ◽  
pp. 380
Author(s):  
Matthew John Paul Tan
Keyword(s):  
Identity Politics ◽  
The Body ◽  
The Other ◽  
Body Of Christ ◽  
Eucharistic Theology ◽  
Critical Tradition ◽  
Other Hand ◽  
Massive Influx ◽  
Identity Based ◽  
The One

This paper will focus on one element of the pushback against the massive influx of immigrants taken in for humanitarian purposes, namely, an identity-based chauvinism which uses identity as the point of resistance to the perceived dilution of that identity, brought about by the transformation of culture induced by the incorporation of a foreign other. The solution to this perceived dilution is a simultaneous defence of that culture and a demand for a conformity to it. While those in the critical tradition have encouraged a counter-position of revolutionary transformation by the other through ethics, dialogue, or the multitude, such a transformation is arguably impeded by what is ultimately a repetition of the metaphysics of conformity. Drawing on the personalism of Emmanuel Mounier and the Eucharistic theology of Creston Davis and Aaron Riches, this paper submits an alternative identity politics position that completes the revolutionary impulse. Identity here is not the flashpoint of a self-serving conflict, but the launch-point of politics of self-emptying, whose hallmarks include, on the one hand, a never-ending reception of transformation by the other, and on the other hand, an anchoring in the Body of Christ that is at once ever-changing and never-changing.

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