The National Socialist Theory of International Law

1938 ◽  
Vol 32 (4) ◽  
pp. 704-718 ◽  
Author(s):  
Virginia L. Gott
Keyword(s):  
International Law ◽  
Legal Theory ◽  
General Characteristic ◽  
Point Of View ◽  
National Socialist ◽  
The Real ◽  
Wide Range

Despite a rather wide range of disagreement among National Socialist writers, a general, characteristic National Socialist theory of international law is definitely discernible. Hans Helmut Dietze is perhaps the most representative and certainly among the most thoroughly National Socialist writers on this subject. Helmut Nicolai, Ernst Wolgast, Norbert Gürke, Herbert Kraus, and G. A. Walz may be considered as ranking next in importance from the point of view of expounding the most typical National Socialist doctrines in the field of international law. The words and deeds of the Fuhrer have formed, of course, the basis upon which these doctrines stand. Although the utterances as well as the actions of Hitler have not always been consistent (this is obvious in any comparison of Mein Kampf with his speeches as Reichskanzler), this fact does not seem greatly to have hindered the formulation of an international legal theory, but then this theory itself may appear to many, when viewed objectively, as likewise inconsistent. However, just as it is possible to dismiss certain statements of Hitler as embodying words coined more for tactical purposes and not sincerely in line with National Socialist ideology, so it is possible to see through many of the inconsistencies in the National Socialist theories on international law and obtain the real volklich-nationale point of view.

Defences in the Law of State ResponsibilityA View from Jurisprudence

2020 ◽  
pp. 179-202
Author(s):  
Luís Duarte d’Almeida
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Legal Theory ◽  
Criminal Responsibility ◽  
Point Of View ◽  
State Responsibility ◽  
The Law ◽  
Cross Fertilization

Ongoing discussions among international lawyers on defences in state responsibility have close analogies with debates in two other fields: debates in general legal theory on defeasibility in law, and debates in criminal law theory (and philosophy) on the elements of criminal responsibility. The similarities are not surprising. But it is striking how little cross-fertilization there seems to have been. For jurisprudence and criminal law scholars have developed a number of points and distinctions that international law theorists working on defences should find helpful. This chapter illustrates these claims. Section 2 looks at defences from the point of view of general legal theory, and section 3 does the same from the point of view of criminal law theory, recommending specific solutions to particular problems. Section 4 then shows how these contributions can help to answer some persistent questions surrounding defences in the law of state responsibility.

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

1982 ◽  
Vol 26 (1) ◽  
pp. 49-67 ◽  
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.”

A Venture into Legal Theory

2021 ◽  
pp. 93-107
Author(s):  
Lorenzo Gasbarri
Keyword(s):  
International Law ◽  
International Organizations ◽  
Legal System ◽  
Legal Theory ◽  
Legal Pluralism ◽  
Point Of View ◽  
International Organization ◽  
Legal Systems ◽  
Novel Theory ◽  
Fragmentation Of International Law

This chapter presents a novel theory on the concept of an international organization. It discusses the meaning of legal systems in legal pluralism, against the background of the fragmentation of international law and interlegality. It relies on the analytical theory of Hart and the institutionalism of Santi Romano. Two notions are applied to international organizations: relative/absolute legality and original/derived legal systems. The absolute legality of the rules of international organizations is a combination of the derivative nature of the legal system that produces them and the point of view of the legal system in which the rules are implemented. The conclusion is that international organizations are dual entities: ‘international organization means an institution established by a treaty or other instrument governed by international law and capable of creating a legal system which derives from international law and that produces law which is at the same time internal and international’.

scholarly journals Exceptions in International Law

2020 ◽  
Keyword(s):  
International Law ◽  
Legal Theory ◽  
Environmental Law ◽  
International Investment ◽  
International Criminal Law ◽  
International Investment Law ◽  
Trade Law ◽  
International Trade Law ◽  
Wide Range ◽  
Jus Cogens

In international law, as in every legal system, rules are invariably subject to exceptions. This book brings together experts in legal theory and international law to investigate this phenomenon from both a theoretical and doctrinal perspective. It begins with several chapters looking at the relationship between rules and exceptions from different jurisprudential perspectives. These chapters serve to narrow down the principal types of exceptions, and what is at stake in deciding whether a given legal condition should be seen as part of a rule or as a self-standing exception. An important element is deciding how to allocate the burden of proving that the facts relevant to the condition are present. Subsequent chapters draw on these theoretical analyses, applying their insights to the way that exceptions exist in a wide range of topics and areas of international law, including self-defence, exceptions in treaty law, circumstances precluding wrongfulness in state responsibility, and the prohibition on derogations to jus cogens, as well as the specific regimes of international environmental law, international trade law, international investment law, and international criminal law.

Colorimetric research of self-luminous objects in software and hardware environments by the method of multidimensional scales implementation

2020 ◽  
pp. 43-50
Author(s):  
Yauheniya N. Saukova
Keyword(s):  
Metrological Traceability ◽  
Point Of View ◽  
Intermediate Precision ◽  
Technical Vision ◽  
Wide Range ◽  
Chromaticity Coordinates ◽  
Unity Of Measurements ◽  
Software And Hardware ◽  
Luminous Objects ◽  
Reference Samples

It is shown that the issues of metrological traceability for extended self-luminous objects with a wide range of brightness have not yet been resolved, since the rank scales of embedded systems are used for processing digital images. For such scales, there is no “fixed” unit, which does not allow you to get reliable results and ensure the unity of measurements. An experiment is described to evaluate the accuracy of determining the intensity (coordinates) of the color of self-luminous objects. In terms of repeatability and intermediate precision compared to the reference measurement method, the color and chromaticity coordinates of self-luminous objects (reference samples) were determined by their multiple digital registration using technical vision systems. The possibilities of the developed methodology for colorimetric studies in hardware and software environments from the point of view of constructing a multidimensional conditional scale are determined.

Diversity and Integration in Private International Law

2019 ◽  
Keyword(s):  
South America ◽  
International Law ◽  
Value Systems ◽  
Private International Law ◽  
Diverse Range ◽  
Cross Border ◽  
Wide Range ◽  
Depth Analysis ◽  
And Shifts ◽  
Substantive Law

This book opens a cross-regional dialogue and shifts the Eurocentric discussion on diversity and integration to a more inclusive engagement with South America in private international law issues. It promotes a contemporary vision of private international law as a discipline enabling legal interconnectivity, with the potential to transcend its disciplinary boundaries to further promote the reality of cross-border integration, with its focus on the ever-increasing cross-border mobility of individuals. Private international law embraces legal diversity and pluralism. Different legal traditions continue to meet, interact and integrate in different forms, at the national, regional and international levels. Different systems of substantive law couple with divergent systems of private international law (designed to accommodate the former in cross-border situations). This complex legal landscape impacts individuals and families in cross-border scenarios, and international commerce broadly conceived. Private international law methodologies and techniques offer means for the coordination of this constellation of legal orders and value systems in cross-border situations. Bringing together world-renowned academics and experienced private international lawyers from a wide range of jurisdictions in Europe and South America, this edited collection focuses on the connective capabilities of private international law in bridging and balancing legal diversity as a corollary for the development of integration. The book provides in-depth analysis of the role of private international law in dealing with legal diversity across a diverse range of topics and jurisdictions.

COMBINATORIAL POLYNOMIALLY COMPUTABLE CHARACTERISTICS OF SUBSTITUTIONS AND THEIR PROPERTIES

2020 ◽  
Vol 7 (2) ◽  
pp. 34-41
Author(s):  
VLADIMIR NIKONOV ◽  
◽  
ANTON ZOBOV ◽  
Keyword(s):  
Mathematical Expectation ◽  
Point Of View ◽  
Small Range ◽  
Computational Point ◽  
Wide Range ◽  
Bijective Function ◽  
The Difference ◽  
Element Base ◽  
Selection Of

The construction and selection of a suitable bijective function, that is, substitution, is now becoming an important applied task, particularly for building block encryption systems. Many articles have suggested using different approaches to determining the quality of substitution, but most of them are highly computationally complex. The solution of this problem will significantly expand the range of methods for constructing and analyzing scheme in information protection systems. The purpose of research is to find easily measurable characteristics of substitutions, allowing to evaluate their quality, and also measures of the proximity of a particular substitutions to a random one, or its distance from it. For this purpose, several characteristics were proposed in this work: difference and polynomial, and their mathematical expectation was found, as well as variance for the difference characteristic. This allows us to make a conclusion about its quality by comparing the result of calculating the characteristic for a particular substitution with the calculated mathematical expectation. From a computational point of view, the thesises of the article are of exceptional interest due to the simplicity of the algorithm for quantifying the quality of bijective function substitutions. By its nature, the operation of calculating the difference characteristic carries out a simple summation of integer terms in a fixed and small range. Such an operation, both in the modern and in the prospective element base, is embedded in the logic of a wide range of functional elements, especially when implementing computational actions in the optical range, or on other carriers related to the field of nanotechnology.

Academy Journal No.3(15), 2019/ Chief Editors Susan Belih & Jaak Järv /OEAPS Inc.(Open European Academy of Public Sciences) & Estonian Academy of Sciences. Tallinn, Estonia. 09.03.2019: OEAPS Inc., 2019. - 88 P. ISBN: 9781797440507 ISSN 1736-7530 (electronic)

2019 ◽  
Author(s):  
Inc. OEAPS
Keyword(s):  
Service Sector ◽  
Point Of View ◽  
Scientific Quality ◽  
Final Decision ◽  
Research Subjects ◽  
Wide Range ◽  
Peer Reviewers ◽  
Verification Process ◽  
Scientific Research Articles ◽  
Monthly Journal

"Academy Journal" is an international, peer-reviewed monthly journal. It is devoted to the publication of original scientific research articles dealing with various academic disciplines.Articles that may be of interest to a wide range of researchers are welcome, and not limited to those who work on specific research subjects."Academy Journal" has an open archive, according to which published articles are available immediately after publication, excluding embargoes.Expert reviewThere is one blind verification process in the journal. All articles will be initially evaluated by the editor for compliance with the journal. Manuscripts that are considered appropriate are then usually sent to at least two independent peer reviewers to assess the scientific quality of the article. The editor is responsible for the final decision on whether to accept or reject the article. The editor's decision is final.The main criterion used in assessing the manuscript submitted to the journal is: uniqueness or innovation in the work from the point of view of the methodology being developed and / or its application to a problem of particular importance in the public sector or service sector and / or the setting in which the efforts, for example, in the developing region of the world. That is, the very model / methodology, application and context of problems, at least one of them must be unique and important.Additional criteria considered in the consideration of the submitted document are its accuracy, organization / presentation (ie logical flow) and recording quality.

Theory and Practice of Quality Management in Lifelong Learning at a Public University

2018 ◽  
Vol 8 (2) ◽  
pp. 49-73
Author(s):  
Petr Adamec
Keyword(s):  
Lifelong Learning ◽  
Public University ◽  
Further Education ◽  
Point Of View ◽  
Theory And Practice ◽  
University Policy ◽  
Higher Education Act ◽  
Wide Range ◽  
Learning Programs ◽  
Education Act

The core issue of this paper is a quality in the lifelong learning. The aim of the contribution is to describe the area, level and dimensions of quality in a wide range of lifelong learning programs, respectively of further education, which are realized in the sense of § 60 and 60a of the Higher Education Act. The content of the paper also focuses on the theoretical and practical starting points of the quality phenomenon, both from the historical point of view and especially from the perspective of the current focus and concept of university policy in the European and Czech region. The paper also presents the results of a survey focusing on approaches to the quality assurance systems in the concept of components at selected public university.

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