The Publication of the diplomatic papers of Other Governments

1947 ◽  
Vol 41 (2) ◽  
pp. 365-377
Author(s):  
E. Wilder Spaulding
Keyword(s):  
International Law ◽  
Great Powers ◽  
Foreign Affairs ◽  
The Other ◽  
The World ◽  
Good Will ◽  
The Right ◽  
Small Powers

An expert on foreign affairs has summarized the limitation upon the right of a government to make public the diplomatic papers which it has received from another government as follows: “ … one party to a negotiation cannot, in honor and in courtesy, publish the negotiation without the consent of the other party, on pain of forfeiting that good-will upon which … ‘the peace of the world ultimately depends.’ ” This principle of consent to publication is accepted, with some reservations and exceptions, by American practice. But American practice in this matter is not generally accepted by all foreign offices and it is not precisely and definitely written into international law. It has been generally observed in normal times by the Great Powers, which have had most to gain by its application, and it has frequently been disregarded by small powers and by Great Powers in times of stress. It rests upon comity and reciprocity, not upon international legislation.

PENERAPAN PRINSIP PERSONA NON GRATA TERHADAP DUTA BESAR DITINJAU DARI PERSPEKTIF HUKUM INTERNASIONAL (STUDI KASUS PENGANIAYAAN TKI OLEH DUTA BESAR ARAB SAUDI DI JERMAN)

2019 ◽  
Vol 1 (1) ◽  
pp. 60-71
Author(s):  
Devi Yusvitasari
Keyword(s):  
International Relations ◽  
International Law ◽  
Recipient Country ◽  
Secondary Data ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
National Interests ◽  
The World ◽  
Diplomatic Immunity ◽  
The Right

A country needs to make contact with each other based on the national interests of each country related to each other, including among others economic, social, cultural, legal, political, and so on. With constant and continuous association between the nations of the world, it is one of the conditions for the existence of the international community. One form of cooperation between countries in the world is in the form of international relations by placing diplomatic representation in various countries. These representatives have diplomatic immunity and diplomatic immunity privileges that are in accordance with the jurisdiction of the recipient country and civil and criminal immunity for witnesses. The writing of the article entitled "The Application of the Principle of Non-Grata Persona to the Ambassador Judging from the Perspective of International Law" describes how the law on the abuse of diplomatic immunity, how a country's actions against abuse of diplomatic immunity and how to analyze a case of abuse of diplomatic immunity. To answer the problem used normative juridical methods through the use of secondary data, such as books, laws, and research results related to this research topic. Based on the results of the study explained that cases of violations of diplomatic relations related to the personal immunity of diplomatic officials such as cases such as cases of persecution by the Ambassador of Saudi Arabia to Indonesian Workers in Germany are of serious concern. The existence of diplomatic immunity is considered as protection so that perpetrators are not punished. Actions against the abuse of recipient countries of diplomatic immunity may expel or non-grata persona to diplomatic officials, which is stipulated in the Vienna Convention in 1961, because of the right of immunity attached to each diplomatic representative.

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.

Between the utopian imaginaries of literature and international law: The question of the insurgent child in international legal discourse and Kris Montañez’s Youth

2021 ◽  
pp. 1-20
Author(s):  
José Duke S. Bagulaya
Keyword(s):  
Civil War ◽  
International Law ◽  
Legal Discourse ◽  
The State ◽  
The Other ◽  
State Of Exception ◽  
Utopian Vision ◽  
The World ◽  
Realistic Representation ◽  
The One

Abstract This article argues that international law and the literature of civil war, specifically the narratives from the Philippine communist insurgency, present two visions of the child. On the one hand, international law constructs a child that is individual and vulnerable, a victim of violence trapped between the contending parties. Hence, the child is a person who needs to be insulated from the brutality of the civil war. On the other hand, the article reads Filipino writer Kris Montañez’s stories as revolutionary tales that present a rational child, a literary resolution of the dilemmas of a minor’s participation in the world’s longest-running communist insurgency. Indeed, the short narratives collected in Kabanbanuagan (Youth) reveal a tension between a minor’s right to resist in the context of the people’s war and the juridical right to be insulated from the violence. As their youthful bodies are thrown into the world of the state of exception, violence forces children to make the choice of active participation in the hostilities by symbolically and literally assuming the roles played by their elders in the narrative. The article concludes that while this narrative resolution appears to offer a realistic representation and closure, what it proffers is actually a utopian vision that is in tension with international law’s own utopian vision of children. Thus, international law and the stories of youth in Kabanbanuagan provide a powerful critique of each other’s utopian visions.

scholarly journals The Illusion of Perfect Justice

2021 ◽  
pp. 55-70
Author(s):  
Christian Tomuschat
Keyword(s):  
World War Ii ◽  
International Law ◽  
Constitutional Court ◽  
International Court Of Justice ◽  
German Occupation ◽  
International Court ◽  
The World ◽  
The Icj ◽  
The Right ◽  
Italian Constitution

AbstractThe judgment of the Italian Constitutional Court (ItCC) of 22 October 2014 has set a bad precedent for international law by denying the implementation, within Italy, of the judgment of the International Court of Justice (ICJ) of 3 February 2012. The ICJ found that Italian courts and tribunals had violated German jurisdictional immunity by entertaining suits brought by Italian citizens against Germany on account of damages caused by war crimes committed during World War II by German occupation forces. According to a well-consolidated rule of general international law, no state may be sued before the courts of another state with regard to acts performed in the exercise of its sovereign power. In contravention of Article 94 of the UN Charter, the ItCC deemed it legitimate to discard that ruling because of the particularly grave character of many of the violations in question. It proceeded from the assumption that the right to a remedy established under the Italian Constitution was absolute and must apply even where the financial settlement of the consequences of armed conflict is at issue. However, it has failed to show the existence of any individual reparation claims and has omitted to assess the issue of war reparations owed by Germany in their broader complexity. The judgment of the ItCC might be used in the future as a pretext to ignore decisions of the World Court.

scholarly journals MEMILIH PASANGAN BAGI ANAK PEREMPUAN: KAJIAN FIQIH & HAM

2016 ◽  
Vol 14 (1) ◽  
Author(s):  
Masthuriyah Sa’dan
Keyword(s):  
Human Rights ◽  
International Law ◽  
Islamic Law ◽  
Reproductive Rights ◽  
Muslim Women ◽  
World Conference ◽  
Islamic Jurisprudence ◽  
The World ◽  
Muslim Men ◽  
The Right

In Islamic jurisprudence (fiqh), the right to choose a partner for a woman is set by families. This then becomes the spotlight of many circles who argue that fiqh is discriminatory against women. Muslim men have the right to decide with whom to marry. In contrary, Muslim women do not have such a right. Women right is taken over by parents in the name of Islamic law. In the World Conference on Population and Women in Cairo-Egypt in 1994, however, women were proclaimed to have their own reproductive rights that must be protected and maintained. One form of the demands of the reproductive rights is the right of women to determine their own life partner. This paper wants to examine the right to choose a husband for women from the perspective of Islamic law and international law on human rights. Keywords: the right to choose, women, Islamic law, human rights.

scholarly journals The Right to Citizenship – Slovenia and Australia

2021 ◽  
Vol 8 (1) ◽  
Author(s):  
Robert Walters
Keyword(s):  
The Other ◽  
Former Yugoslavia ◽  
Nation State ◽  
Important Principle ◽  
Other Hand ◽  
The World ◽  
Rule Changes ◽  
The Right ◽  
Citizenship Laws ◽  
The Impact

Most people across the world automatically assume citizenship at birth or acquire citizenship by descent or naturalisation. Since the growth of the concept of citizenship from the French and American Revolutions, it has become an important principle to the nation state and individual. Citizenship is the right to have rights. However, the right to citizenship is limited. In some cases when territorial rule changes the citizenship laws may exclude individuals resident in the territory. This article compares the development of the first citizenship laws in Australia and Slovenia, and the impact that these new laws had on the residents of both states. The first citizenship laws established by Australia were in 1948. More than forty years later in 1990, when Slovenia finally obtained independence from the former Yugoslavia, the new country was able to establish their own citizenship laws. The result of the Slovenian citizenship laws saw many former Yugoslav citizens who were resident in Slovenia being without citizenship of any state. Subsequently, these people were declared stateless. On the other hand, for Australia, the outcome was relatively smooth with the transition from British subjects to Australian citizenship.

HOAX DALAM TINJAUAN HADITS NABAWI

Al-MAJAALIS ◽  
2018 ◽  
Vol 6 (1) ◽  
pp. 147-179
Author(s):  
Ali Musri Semjan Putra
Keyword(s):  
Social Media ◽  
Business Education ◽  
Sex Trafficking ◽  
Islamic Law ◽  
The Other ◽  
The World ◽  
Information Media ◽  
Severe Punishment ◽  
The Many ◽  
The Right

Among the proofs of the greatness of God's power in the millennium is the emergence of various kinds of information media that are very helpful for ease in various matters. The convenience covers various fields of affairs, not just in the form of sharing information but has penetrated into the fields of business, education, da'wah and so on.Besides the many positive sides of social media, on the other hand social media is also a vehicle for various negative actions, such as hoaxes, fighting, sex trafficking, drug sales and so on. So this study tries to examine the nabawi hadiths relating to things that must be heeded in social media, specifically those related to hoaxes, with the induction approach using qualitative analysis. The purpose of the research is to provide insight to the community in using social media so that there is no violation of religious teachings or legislation when integrating on social media. As well as being a wrong solution in tackling and minimizing various forms of irregularities and violations that occur in the community in social media, both offenders in the form of crimes of intimidation, provocation, fraud, counterfeiting and so on, are spurred from hoax news.The conclusion of this study is that making or spreading hoaxes is an act that is strictly prohibited and prohibited in the nabawi hadiths which are the second source of law in Islamic law after the noble Qur'an. The culprit has the right to be punished in the world in a criminal manner or get a severe punishment in the hereafter, according to the effects and headlines of the lies he did.

Turns on the Move

2019 ◽  
pp. 73-76
Author(s):  
K. B. E. E. Eimeleus
Keyword(s):  
The Other ◽  
Left Shoulder ◽  
Sudden Stop ◽  
Flat Terrain ◽  
Right Hand ◽  
The World ◽  
The Right

This chapter looks at turns on the move with the right or left shoulder aligned with the corresponding ski. It distinguishes three important techniques that have gained currency in the world of sport. One of them pertains only to running skis while the other two require mountain skis with stable bindings. The first is the method for turning in place, used while descending from a mountain or over flat terrain on running skis, or on any skis that lack a stable binding and have a posterior center of balance. The next is the Christiania turn, which is carried out on the inner ski, that is, on the right ski when the turn is done to the right-hand side. Finally, the Telemark turn allows a skier to make a sudden stop as they are descending.

What Are You Guarding?

2021 ◽  
pp. 20-48
Author(s):  
Rebecca Konyndyk DeYoung
Keyword(s):  
The Other ◽  
Virtuous Person ◽  
False Self ◽  
Desert Fathers ◽  
The World ◽  
Virtuous Life ◽  
Christian Thought ◽  
The Right

What role should anger play in a virtuous life? If anger’s rightful target is injustice, and the world is marked by persistent injustice, is it virtuous to be habitually angry? Or, on the contrary, if Christlike character is marked by gentleness, should a virtuous person have little to no anger? To address this puzzle, DeYoung incorporates insights from two strands in Christian thought—one drawing on counsel from the desert fathers and mothers to eschew anger as a manifestation of the false self, and the other from Aquinas, who argues that some anger can be virtuous, if it has the right object and mode of expression. Next, she examines ways that formation in virtuous anger depends on other virtues, including humility, and other practices, such as lament and hope. Finally, she argues for appropriate developmental and vocational variation in anger’s virtuous expression across communities and over a lifetime.

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