Agency in International Law

1940 ◽  
Vol 34 (4) ◽  
pp. 638-660 ◽  
Author(s):  
Angelo Piero Sereni
Keyword(s):  
International Law ◽  
The Other ◽  
Legal Effect ◽  
Legal Consequences ◽  
As If

I. In the field of international law every subject generally acts in person, through its own organs, without resorting to cooperation with other subjects. However, international practice shows that members of the community of nations sometimes act on behalf of other members, with the legal effect that the transactions performed by the acting subject in the name and for the account of the other have for the latter the same legal consequences as if it had acted in person. This happens, for example, when a state, duly authorized, concludes through its own organs a treaty for another state: the latter is thus bound by the treaty exactly in the same way as if it had concluded the treaty itself, through its own organs. This legal phenomenon implies a split between the immediately acting international person and the person to whom the legal effects of these acts are imputed.

Sports competitions as an atypical way to recognize ad hoc in international law

2020 ◽  
pp. 87-92
Author(s):  
Ivan Shchehlakov
Keyword(s):  
International Relations ◽  
International Law ◽  
Ad Hoc ◽  
The State ◽  
The Other ◽  
International Exchange ◽  
Intercultural Dialogue ◽  
Main Body ◽  
Legal Consequences ◽  
Problem Setting

Problem setting. Nowadays there are frequent cases of sports competitions between states, which are not formally a recognition of the state, but show the establishment of certain relations between the states, one of which does not recognize the other one. In addition, since the second half of the 20th century sport has become an integral part of international relations. Furthermore, it contributes to the intensification of international exchange, allowing people to establish intercultural dialogue and overcome political nature’s conflicts. Target research. To determine the legal consequences of sports competitions between states, one of which is not recognized by the other, and to find out whether these cases constitute an ad hoc recognition. Analysis of recent researches and publications. The topic of recognition in international law was an object of research of a large number of both domestic and foreign scientists, among which Janatayev H. M., Mitik O. V., Tunkin G. I., Holina E. A., Feldman D. Yi., whose doctrinal developments provide an important theoretical basis for studying the issue of determining atypical ways of an ad hoc recognition. Article’s main body. Features of ad hoc recognition were analyzed in the article. It was established that for an ad hoc recognition a participation of official representatives of the states in negotiations are important. It is also determined that competitions with the participation of Kosovo Republic and other states which did not recognize it, are recognition ad hoc. Conclusions and prospects of development. It is proposed to consider the participation of non-State entities, which are authorized by the State to represent it in certain sports, in preparation for inter-state competitions in which the states, one of which do not recognize the other one, take part as an ad hoc recognition.

scholarly journals Explicitation and Implicitation in Legal Translation – A Process Study of Trainee Translators

2010 ◽  
Vol 55 (2) ◽  
pp. 237-250 ◽  
Author(s):  
Mette Hjort-Pedersen ◽  
Dorrit Faber
Keyword(s):  
Point Of View ◽  
The Other ◽  
Lay Persons ◽  
Legal Translation ◽  
Process Study ◽  
Legal Effect ◽  
Legal Texts ◽  
Rare Phenomena ◽  
Legal Consequences ◽  
Different Levels

This article explores the use of explicitation and implicitation in the context of legal translation. Legal texts are linguistically complex and difficult to understand for lay persons. From a cognitive point of view it may therefore be assumed that ex- and implicitations will be frequent phenomena in legal TTs, because translators will tend to leave traces of their hard-won understanding in the TT. On the other hand, legal translations have legal consequences in the real world. From a legal point of view it may therefore conversely be assumed that ex- and implicitations will be relatively rare phenomena in legal TTs because of the potential legal effect of adding or removing information. But how is this schism reflected in legal TTs performed by translators at different levels of expertise? This article examines phenomena of ex- and implicitations in trainee translator TTs. It is hypothesized that lack of sufficient knowledge of legal scenarios will override heavy mental processing efforts and that trainee translators will restrict themselves to choosing only obligatory ex- and implicitations as their safe bet.

From Container to Claustrum: Projective Identification in Couples

2014 ◽  
Vol 4 (2) ◽  
Author(s):  
Tamara Feldman
Keyword(s):  
Psychological Health ◽  
Projective Identification ◽  
The Self ◽  
The Other ◽  
Intimate Partners ◽  
And Control ◽  
The Relationship ◽  
As If

This paper is a contribution to the growing literature on the role of projective identification in understanding couples' dynamics. Projective identification as a defence is well suited to couples, as intimate partners provide an ideal location to deposit unwanted parts of the self. This paper illustrates how projective identification functions differently depending on the psychological health of the couple. It elucidates how healthier couples use projective identification more as a form of communication, whereas disturbed couples are inclined to employ it to invade and control the other, as captured by Meltzer's concept of "intrusive identification". These different uses of projective identification affect couples' capacities to provide what Bion called "containment". In disturbed couples, partners serve as what Meltzer termed "claustrums" whereby projections are not contained, but imprisoned or entombed in the other. Applying the concept of claustrum helps illuminate common feelings these couples express, such as feeling suffocated, stifled, trapped, held hostage, or feeling as if the relationship is killing them. Finally, this paper presents treatment challenges in working with more disturbed couples.

BERLAKU DAN KEABSAHAN PERJANJIAN INTERNASIONAL DALAM PANDANGAN HUKUM INTERNASIONAL

2019 ◽  
Vol 1 (1) ◽  
pp. 95-103
Author(s):  
Komang Sukaniasa
Keyword(s):  
International Law ◽  
International Agreements ◽  
The State ◽  
International Agreement ◽  
International Treaties ◽  
International Treaty ◽  
Binding Force ◽  
International Rights ◽  
Legal Consequences ◽  
Made In

International agreements are agreements between international subjects that give rise to binding obligations in international rights, which can be bilateral or multilateral. Based on these opinions, an understanding can be taken that international treaties are agreements or agreements entered into by two or more countries as subjects of international law that aim to cause certain legal consequences. International agreements, whether ratified or through approval or acceptance or accession, or other methods that are permitted, have the same binding force as ratified international treaties established in the Ratification Law of International Treaties. Once again, it is equally valid and binding on the state. Therefore, the authors consider that the position of international treaties are not made in the form of the Ratification Act of the International Agreement but are binding and apply to Indonesia. Then Damos Dumoli Agusman argues that ratification originates from the conception of international treaty law which is interpreted as an act of confirmation from a country of the legal acts of its envoys or representatives who have signed an agreement as a sign of agreement to be bound by the agreement.

Rhetoric and argumentation: the unity of the field

2017 ◽  
Author(s):  
Michel Meyer
Keyword(s):  
The Other ◽  
Classic Problem ◽  
False Dilemma ◽  
The Difference ◽  
As If

Rhetoric has always been torn between the rhetoric of figures and the rhetoric of conflicts or arguments, as if rhetoric were exclusively one or the other. This is a false dilemma. Both types of rhetoric hinge on the same structure. A common formula is provided in Chapter 3 which unifies rhetoric stricto sensu and rhetoric as argumentation as two distinct but related strategies adopted according to the level of problematicity of the questions at stake, thereby giving unity to the field called “Rhetoric.” Highly problematic questions require arguments to justify their answers; non-divisive ones can be treated rhetorically through their answers as if they were self-evident. Another classic problem is how to understand the difference between logic and rhetoric. The difference between the two is due to the presence of questions explicitly answered in the premises in logic and only suggested (or remaining indeterminate) in rhetoric.

Ergative, antipassive and other verb derivational morphemes in Gaahmg

2014 ◽  
Vol 35 (2) ◽  
Author(s):  
Timothy M. Stirtz
Keyword(s):  
The Other ◽  
Case Marking ◽  
Derivational Morphemes ◽  
As If

AbstractGaahmg has ergative traces in a predominately nominative-accusative system. Clauses with object focus demonstrate ergative case marking on postverbal noun and pronoun agents, and an ergative morpheme is also bound to verbs. Other evidence for ergativity is that the ergative morpheme is morphologically and syntactically distinct from the passive morpheme. Ergative morphemes and constructions in Gaahmg are similar to those of other Nilo-Saharan languages, including Luwo, Päri, and Shilluk. The Gaahmg antipassive also resembles that of other Nilo-Saharan languages. Yet, unlike other languages with ergativity and antipassives, Gaahmg readily combines the antipassive with ergative, passive, and causative morphemes in the same verb form. The Gaahmg antipassive occurs in nominative-accusative structures, as well as in object-focus clauses with ergative-absolutive structures. Further, the antipassive co-occurs with the passive, as if both the nominative-accusative and ergative-absolutive structures are simultaneously present in the same clause, and the language is currently shifting from one structure to the other.

Condicio supervacua and related conditions 
in Roman law

2015 ◽  
Vol 83 (1-2) ◽  
pp. 77-106
Author(s):  
Veronika Kleňová ◽  
Zdenko Takáč
Keyword(s):  
The Other ◽  
Legal Norm ◽  
Roman Law ◽  
Legal Situation ◽  
Legal Effect ◽  
Proper Condition ◽  
Legal Opinion

The article deals with the conditions that did not have the legal effect of a ‘proper condition’. The authors distinguish these conditions from a ‘proper condition’ pointing out that the distinguishing feature is an ‘uncertainty’ carried by the condition. Firstly, the authors focus their attention on the condicio supervacua – the term is explicitly used only by Pomponius in the case of legacies. It did not have the effect of a ‘proper condition’, because the uncertainty expressed by the condition already resulted from the legal norm itself. It was an explicitly expressed condicio iuris pursuant to the modern definitions of the term. The authors analyze and compare various cases that seemingly deal with condiciones iuris too. The analysis makes it clear that they were regarded as supervacuae, unless the testator changed the legal situation in some way through their expression. He had to insert some new uncertainty that did not result from the legal norm itself. The other kind of condition that the article deals with is condicio institutionis/substitutionis expressly re-applied to a legatum. This condition is different from condicio supervacua, because in this case the new uncertainty was added by the testator himself. Despite some doubts, the legal opinion which prevailed in Roman law was that such a condition did not have the effect of a ‘proper condition’ in relation to a legacy. The reason is that even if the testator re-applied the condition of institution also to a legacy, he extended only the uncertainty of aditio hereditatis and did not insert any new uncertainty into the legacy itself.


Prosody and ideology

2021 ◽  
Vol 3 (2) ◽  
pp. 302-334
Author(s):  
Annabelle Lukin ◽  
Lucía Inés Rivas
Keyword(s):  
International Law ◽  
News Reporting ◽  
Role Choices ◽  
Invasion Of Iraq ◽  
Ideological Work ◽  
As If

Abstract The focus of this paper is on the role choices in phonological systems (Brazil 1997; Halliday & Greaves 2008) play in the ideological work of a text. Using an instance of news reporting of the 2003 invasion of Iraq, we show how prosodic choices – both those shared with other texts in this register, and those specific to this instance – contribute to the ideological force of the text. The ideological effects of prosodic choices in this text, we argue, include projecting a very particular interpretation of the invasion as if distant and objective, and giving prominence to claims that the invasion was measured and targeted, and by implication in accordance with international law.

Grotian Moments and Peremptory Norms of General International Law: Friendly Facilitators or Fatal Foes?

Grotiana ◽  
2021 ◽  
Vol 42 (2) ◽  
pp. 335-353
Author(s):  
Dire Tladi
Keyword(s):  
International Law ◽  
The Other ◽  
High Threshold ◽  
Other Hand ◽  
State Practice ◽  
The One ◽  
Jus Cogens ◽  
The Right ◽  
Peremptory Norms ◽  
Law Making

Abstract The concept of a Grotian moment remains rather obscure in international law. On the one hand, it can refer simply to an empirical fact which galvanises the ordinary law-making processes, whether treaty-making or State practice, resulting in major shifts in international law. On the other hand, a Grotian moment might be seen as an event so significant that it results in an extraordinary shift in international law without full adherence to the processes for law-making. The former understanding has little legal significance, while the latter, which would be legally significant, would be controversial and without legal basis. Against this background the article discusses the intersections between peremptory norms and Grotian Moments. It does this by looking at the intersection between the two concepts as well as the intersection between Grotian Moments, on the one hand and, on the other hand, particular jus cogens norms. With respect to the former, for example, the article will consider whether the high threshold of peremptory status facilitates and hinders Grotian moments. With respect to the latter, the article will consider particular norms that have been said to have shifted on account of the Grotian moments, namely the right to use of force in self-defence as well humanitarian intervention.

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