Some Aspects of the Jurisprudence of National Claims Commissions

1942 ◽  
Vol 36 (1) ◽  
pp. 56-76 ◽  
Author(s):  
Robert R. Wilson
Keyword(s):  
International Law ◽  
Legal System ◽  
General Public ◽  
The World ◽  
International Legal System ◽  
Principle Of Legality

Many applications of international law receive but little attention from the general public. Unpublicized or little-publicized settlements involving relatively obscure persons and comparatively small amounts of money tend to be undramatic. They may seem of little importance during a period of major, kaleidoscopic developments in a worldwide conflict. But the fact remains that in numerous instances rules have become the bases for the disposition of practical questions which were of importance to the individuals immediately involved and of some concern to their respective governments. Collectively, these dispositions may help to attest the vitality of the principle of legality. At a time when the world situation puts in question the very fundamental elements of an international legal system, there may still be justification for drawing attention to the manner in which settlements of private claims against governments have been and are effected.

scholarly journals Why we should see international law as a structure: Unpicking international law’s ontology and agency

2020 ◽  
pp. 004711782091622 ◽  
Author(s):  
Adriana Sinclair
Keyword(s):  
International Law ◽  
Surface Structure ◽  
Legal System ◽  
Deep Structure ◽  
Social Hierarchy ◽  
The World ◽  
International Legal System

This article identifies how three dominant ideas of international law (as a process, an institution and a practice) see its agency, concluding that all three share a reluctance to see international law as doing anything more than enabling the operation of other actors, forces or structures. This article argues that we should see international law as a structure because it possesses both the surface structure of rules, principles, processes, personnel and material elements of the international legal system and a deep structure of values that sits deep within our subconscious. As Shklar’s idea of legalism shows us, legalism plays a powerful role in shaping all our understandings of ourselves and the world that surrounds us. Seeing international law as a structure enables us to see how it locates actors within a social hierarchy and how it behaves in similar ways to recognised structures like capitalism and racism.

scholarly journals ANALYSIST OF CYBER ESPIONAGE IN INTERNATIONAL LAW AND INDONESIAN LAW

2019 ◽  
Vol 7 (3) ◽  
pp. 38-44
Author(s):  
Satria Unggul Wicaksana Prakasa ◽  
Noviandi Nur P.E.
Keyword(s):  
International Law ◽  
Legal System ◽  
Legal Regulation ◽  
Legal Issues ◽  
Legal Research ◽  
Conceptual Approach ◽  
Confidential Data ◽  
The World ◽  
Cyber Espionage ◽  
International Legal System

Purpose of Study: A conception of cyber espionage today is extremely vulnerable since the crime has evolved from conventional wiretapping into cyber-based spy activities. This issue becomes complicated when faced with the principle of sovereignty and how the challenge of countries around the world to respond in maintaining the honor, security, and peace of their own countries. The legal issues raised in this legal research are: (1) cyber espionage is one kind of cybercrime (2) Legal mechanisms to crack down on the international legal system and national law again Cyber espionage crime. Methodology: Research methods used statute approach and conceptual approach. Results: The result of this research showed that it could use computing devices and internet network by means of spies, destroying computer system in order to securely obtain state confidential data or by spreading internet virus which is sporadic to government-owned domains and corporation it is clear that cyber espionage id either part of the cybercrime. Implications/Applications: The lack of legal regulation, both international and national which directly refers to cyber espionage because they alluded to illegal access and illegal interception related only.

(Dis)solving the Chronological Paradox in Customary International Law: A Hartian Approach

2008 ◽  
Vol 21 (1) ◽  
pp. 129-148 ◽  
Author(s):  
David Lefkowitz
Keyword(s):  
International Law ◽  
Legal System ◽  
Resolution Function ◽  
Customary International Law ◽  
International Legal System ◽  
The Creation ◽  
The Law ◽  
Normative Standard

As traditionally conceived, the creation of a new rule of customary international law requires that states believe the law to already require the conduct specified in the rule. Distinguishing the process whereby a customary rule comes to exist from the process whereby that customary rule becomes law dissolves this chronological paradox. Creation of a customary rule requires only that states come to believe that there exists a normative standard to which they ought to adhere, not that this standard is law. What makes the customary rule law is adherence by officials in the international legal system to a rule of recognition that treats custom as a source of valid law. Confusion over this distinction arises because in the international legal system the same agents whose beliefs give rise to a customary rule are the legal officials whose adherence to the rule of recognition leads them to deem that rule legally valid. The proposed solution to the chronological paradox employs H.L.A. Hart’s analysis of the concepts of law and a legal system, and in particular, the idea of a rule of recognition. Yet Hart famously denies the existence of a rule of recognition for international law. Hart’s denial rests on a failure to distinguish between the ontological and authoritative resolution functions of a rule of recognition, however. Once such a distinction is drawn, it can be argued that customary international law rests on a rule of recognition that serves the ontological function of making customary norms legal, though not the authoritative resolution function of settling disputes over the alleged legality of particular norms.

China’s Fairness Discourses and Allocation of Climate Responsibility

2021 ◽  
Vol 5 (1) ◽  
pp. 63-95
Author(s):  
Feiyue Li
Keyword(s):  
Climate Change ◽  
Legal System ◽  
Fair Allocation ◽  
Active Engagement ◽  
Global Response ◽  
Climate Change Negotiations ◽  
The World ◽  
International Climate ◽  
International Legal System ◽  
Per Capita

Abstract The idea of ‘fairness’ may be viewed as fundamental to a nation’s participation in the development of the international legal system governing climate change. As the second-largest economy and the largest Greenhouse Gas (GHG) emitter in the world, China’s actions on climate change are critical to the global response. Indeed, international cooperation on climate change is unlikely to succeed without China’s active engagement. Therefore, China’s perception of the fairness of responsibility allocation will significantly influence its attitudes toward its international climate responsibilities. However, limited work has been done to date to concretely examine China’s perspective of the fairness of responsibility allocation and to understand its fairness discourses and practices of climate responsibility in a dynamically evolved process. This article aims to fill that gap in the literature by elucidating how China perceives the fair allocation of climate responsibility and how its fairness discourses and practices have evolved over the course of the three phases of international climate change negotiations. It will be shown that China has perceived the factors of historically accumulated emissions, per capita emissions and capability to lie at the very core of its understanding of fairness.

An International Rule of Law

2021 ◽  
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Legal System ◽  
Rule Based ◽  
The Rule Of Law ◽  
Globalizing World ◽  
International Legal System ◽  
Elusive Concept ◽  
International Rule ◽  
Selection Of

The “international rule of law” is an elusive concept. Under this heading, mainly two variations are being discussed: The international rule of law “proper” and an “internationalized” or even “globalized” rule of law. The first usage relates to the rule of law as applied to the international legal system, that is the application of the rule of law to those legal relations and contexts that are governed by international law. In this context, the term international rule of law is often mentioned as a catchphrase which merely embellishes a discussion of international law tout court. The international rule of law is here mainly or exclusively used as shorthand for compliance with international law, a synonym for a “rule based international order,” or a signifier for the question whether international law is “real” law. This extremely loose usage of the term testifies its normative and symbolic appeal although it does not convey any additional analytic value. The second usage of the rule of law in international contexts covers all other aspects of the rule of law in a globalizing world, notably rule of law promotion in its widest sense. The increasing interaction between national and international law and between the diverse domestic legal orders (through law diffusion and reception, often again mediated by international law) is a manifestation of the second form of the rule of law. The structure of this bibliography roughly follows this bifurcation of the Rule of Law Applied to the International Legal System and the Rule of Law in a Globalizing World. Next to these two main parts, three further, separate sections discuss questions that arise at the intersection of the two variants or are of crosscutting importance to the rule of law as a whole. This includes sections on the Rule of Law as a UN Project: A Selection of UN Documents on the Rule of Law, the Interaction between the International and Domestic Rule(s) of Law, and the (International) Rule of Law: A Tool of Hegemony?.

1. The Nature of the International Legal System

2016 ◽  
Author(s):  
Martin Dixon ◽  
Robert McCorquodale ◽  
Sarah Williams
Keyword(s):  
International Law ◽  
Legal System ◽  
International Community ◽  
Legal Rules ◽  
System P ◽  
Cultural Processes ◽  
International Legal System ◽  
Political Economic

International law is a description of an entire legal system: the international legal system. It is an international legal system by which legal rules are created in order to structure and organise societies and relationships. It acknowledges the influence of political, economic, social and cultural processes upon the development of legal rules. This chapter discusses the relevance of international law; the international community and international law; theories of international law; and the practice of international law.

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