Concession Agreements and Nationalization

1958 ◽  
Vol 52 (2) ◽  
pp. 260-279 ◽  
Author(s):  
Kenneth S. Carlston
Keyword(s):  
International Law ◽  
Clear Understanding ◽  
Legal Rules ◽  
Social Facts ◽  
The Social ◽  
The Status ◽  
And Function ◽  
International Economies

It is the purpose of this article to investigate the status of concession agreements in the light of the rules of international law bearing on the power of a state to nationalize property. It is a continuation of an earlier article which explored the nature and function of the concession agreement in the national and international economies. The first article rested on the assumption that legal rules could not be fully understood or evaluated without a fairly clear understanding of the social facts which they were designed to regulate.

Part XI Public Policy and Abuse of Process, 32 Public Policy Rules in English Arbitration Law

2016 ◽  
Author(s):  
Brekoulakis Stavros
Keyword(s):  
Public Policy ◽  
International Law ◽  
Historical Context ◽  
Careful Analysis ◽  
Private International Law ◽  
Policy Rules ◽  
Legal Rules ◽  
Legal Principle ◽  
And Function

This chapter argues that the doctrine of public policy currently adopted by legal discourse in arbitration is conceptually and methodologically confusing, and outdated. It is conceptually confusing because there is usually no explanation about how the content of public policy is ascertained or whether the doctrine functions as a legal principle or a set of legal rules. The doctrine of public policy, as a structured set of legal rules, can be better conceived of as a doctrine of national law. The rules of public policy can also be ascertained from a careful analysis of the historical context and jurisprudential development of the doctrine. The chapter first looks into the concept and function of public policy in English law and jurisprudence. It then focuses on the role of public policy in English private international law, before finally ascertaining the rules of public policy in English arbitration law.

Islam and international law

2005 ◽  
Vol 87 (858) ◽  
pp. 269-283 ◽  
Author(s):  
Sheikh Wahbeh al-Zuhili
Keyword(s):  
International Relations ◽  
International Law ◽  
Legal Rules ◽  
The World ◽  
The Status ◽  
Rules And Principles ◽  
Internal Affairs ◽  
The Relationship

AbstractThis article by an Islamic scholar describes the principles governing international law and international relations from an Islamic viewpoint. After presenting the rules and principles governing international relations in the Islamic system, the author emphasizes the principles of sovereignty and non-interference in the internal affairs of other States and the aspiration of Islam to peace and harmony. He goes on to explain the relationship between Muslims and others in peacetime or in the event of war and the classical jurisprudential division of the world into the abode of Islam (dar al-islam) and that of war (dar al-harb). Lastly he outlines the restrictions imposed upon warfare by Islamic Shari'a law which have attained the status of legal rules.

Desacralization of Marriage in the Islamic Community of Javanese Farmers

2020 ◽  
Vol 13 (1) ◽  
pp. 89
Author(s):  
Sardjuningsih Sardjuningsih
Keyword(s):  
Social Process ◽  
Field Research ◽  
Phenomenological Approach ◽  
Community Leaders ◽  
Social Facts ◽  
Social Fact ◽  
The Social ◽  
The Status ◽  
Better Than ◽  
The Ideal

<p><strong><em>Field research with a phenomenological approach, in the District of Kabuh-Jombang. The barren rural socio-geographical setting makes tradition basics a reference and measure of norms of action. The uniqueness of this study with previous research is the process of reducing the sacredness of marriage by placing the status of Widower or Widow better than the status of an old spinster or old age. Research with a Phenomenological approach with Robert Merton's Structural-Functional analysis knife rests on deep interview techniques of 20 informants consisting of couples who experience young and divorced couples, families, and community leaders. produce conclusions that the tradition of underage marriage is a social fact, a habit that still continues to this day, constructed with noble and sacred meaning. In the social process the Nobleness of meaning is not supported by other social facts, that being a widower or widow is better than being an old woman or old woman. This puts divorce better than maintaining marriage. This pragmatic outlook is contrary to the ideal ideals of a sacred marriage. The result of a complex divorce is a negative new social fact that is neglecting the rights of children to be paid by their parents. This negative social fact is due to the dysfunctional social control and social structure of the process of adaptation to change.</em></strong></p>

Writing systems and language contact in the Euro- and Sinocentric worlds

2014 ◽  
Vol 5 (1) ◽  
pp. 1-21 ◽  
Author(s):  
Florian Coulmas
Keyword(s):  
Language Contact ◽  
Point Of View ◽  
Writing System ◽  
Writing Systems ◽  
System A ◽  
Historical Processes ◽  
The Social ◽  
The Status ◽  
And Function ◽  
The Relationship

AbstractOn the social level languages contact usually implies hierarchies, reflecting historical processes of adaptation and power relations between groups of speakers. This paper considers language contact in the written mode from the point of view of choice, that is, choice of language and choice of writing system. A wider range of factors that have a bearing on choice in contact situations of languages and their writing systems must be taken into consideration: political, social, linguistic and ideological. Examples of each kind from the Eurocentric and Sinocentric worlds are discussed and compared with each other. Particular attention is paid to the relationship bilingual writers create between the units of two languages and two writing systems which, from a sociolinguistic point of view, is seen as indicative of the status and function of the languages involved.

scholarly journals The Application of the Functions and the Roles of Tiga Batu Tungku to Solve Social Conflicts of Seram Society in Kamarian Village, Maluku Province, Indonesia

2017 ◽  
Vol 8 (3) ◽  
pp. 117-122 ◽  
Author(s):  
Marcus F. Pessireron ◽  
Andi Lolo ◽  
Tommy S. S. Eisenring
Keyword(s):  
Social Conflict ◽  
Human Action ◽  
Social Conflicts ◽  
Legal Rules ◽  
Cultural Systems ◽  
Norms And Values ◽  
The Social ◽  
And Function ◽  
And Behavior ◽  
Role And Function

Abstract Indonesia is an archipelago consisting of small and large islands stretching from Sabang to Merauke. The diversity of islands, religion, ethnicity, language, culture, and customs is a form of the socio-cultural systems that scattered throughout the islands of Indonesia. The differences among religions, tribes, and others sometimes create social conflicts among the citizens. However, the existence of Pancasila and the Constitution of 1945 are the National principle with the slogan “Bhinneka Tunggal Ika” which means that it is different, but it is still one. In addition, it is a state doctrine containing legal rules, norms, and values that set life’s journey of Indonesian nation in the future. This slogan will be a tool to embed, bind, and unite the integrity of citizens. In addition, it can decrease the occurrence of social conflict. When there is dialectics, the social conflict which occurs in society and congregation, Tiga Batu Tungku as a local wisdom has a role of binding the unity of congregation at Kamarian village in Seram Island, Maluku Province. This local wisdom contains values, norms, religion, socio-culture, and customs which serve as social cohesion in reducing conflict. Values and norms are signs and rules to control human action and behavior in interacting with others. In this case, Tiga Batu Tungku has always played a role and function for a peaceful solution through dialogue to discuss and solve various social problems in society and internal part of Tiga Batu Tungku.

scholarly journals Applicability of the rules of international humanitarian law to peacekeeping operations in regional crises

2021 ◽  
pp. 26-32
Author(s):  
Alexandru Cauia ◽  
◽  
Naif Jassim Alabduljabbar ◽  
Keyword(s):  
International Law ◽  
Point Of View ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Legal Rules ◽  
Peacekeeping Operations ◽  
Military Conflicts ◽  
The Status ◽  
The Subject

Reading the International Humanitarian Law, point of view of the status of subjects of Public International Law of the parties ist the only issue that involved in military conflicts matters so that they can be qualified as international or non-international, which depends directly on the volume of legal rules to be enforced and complied by the warring parties. Thus, members of peacekeeping operations conducted under the auspices of the UN, or with the participation of regional structures must strictly comply with the provisions of the rules of war throughout their actions in situations that may qualify as armed conflicts. Mechanisms and instruments for ensuring compliance with the rules of International Humanitarian Law by members of peacekeeping contingents shall be the subject of research in this article.

scholarly journals INTERNATIONAL ORGANIZATIONS AS SUBJECTS OF INTERNATIONAL LAW RULES INTERPRETATION

10.23856/4324 ◽  
2021 ◽  
Vol 43 (6) ◽  
pp. 189-197
Author(s):  
Svitlana Karvatska ◽  
Tetyana Gnatuyk
Keyword(s):  
International Law ◽  
International Organizations ◽  
Essential Role ◽  
Empirical Method ◽  
Structural Method ◽  
Legal Rules ◽  
The Status ◽  
Current Stage ◽  
Law Making

This paper aims to analyze an interpretive activity of international organizations as a means to solve the problem of paramount importance for ensuring updating of international law rules and the whole mechanism of international law action in the process of rules implementation. The methodology is based on a comprehensive approach to the analysis of the object and subject of research, which covers philosophical and legal methods – dialectical method of scientific knowledge, system-structural method, empirical method, hermeneutic method, synergetic and formal-legal methods of scientific research. As a result, the growing role of international organizations as subjects of interpretation, which do not only play an essential role in international law-making and the implementation of international law but also take an active part in their interpretation, was proved. In interpreting their charters, international bodies and organizations certainly influence the content of other international norms. At the current stage, it is necessary to define international organizations’ interpretive activity as a particular type of international law-making, which consists in the official interpretation of international legal rules contained in the relevant acts. Nevertheless, they do not acquire the status of law-making bodies, and their decisions and conclusions are of a recommendatory nature.

6 Customary International Law

1986 ◽  
Author(s):  
Mann F A
Keyword(s):  
International Law ◽  
Customary International Law ◽  
Legal Rules ◽  
The Status ◽  
English Law ◽  
The Law

If the status of customary international law corresponded to that of conventional international law (or treaties), the courts might, to some extent consider and have regard to it, but they could not apply or give effect to it as law except after incorporation by Act of Parliament. The application of customary international law is not dependent upon previous parliamentary sanction. No doctrine of transformation applies to customary international law. Such law is, however, dependent upon judicial sanction. This cannot be given and international law, therefore, cannot be applied where it would conflict with legal rules binding upon the court, whether they be statutory or judge-made. But where there is no such restraint, where the court is free to find and form the law, it may and probably must apply international law which in such a case becomes directly applicable and thus incorporated into and adopted by English law.

The Normative Structures of Human Civilization

2016 ◽  
Keyword(s):  
Speech Acts ◽  
Social Life ◽  
Social Acceptance ◽  
Social Ontology ◽  
Social Scientists ◽  
Social Facts ◽  
The Social ◽  
The World ◽  
The Status ◽  
Normative Expectations

John Searle´s social ontology seeks for nothing less than the fundamental "structure of human civilization". By trying to reconcile the description of the world by the natural sciences with our self-understanding as free, rational and conscious beings, he points to the core of meaningful social life with its institutions, rules and normative expectations. Searle´s often provocative project of explaining "the exact role of language in the creation, constitution, and maintenance of social reality" manifested in his book "Making the Social World" (2010) and outlined in this volume, is taken on by philosophers and social scientists in a critical encounter. Among the large range of topics discussed in these articles are Searle´s concept of collective intentionality, the status of social facts, the social acceptance of institutions, the magic of speech acts as well as Searle´s excursion into the world of power and human rights. Not least, these reflections help to clarify the sometimes conflict-laden relation of philosophy and social theory.

Women in Power and Decision making Positions : Conditions and Restraints

1970 ◽  
pp. 53-57
Author(s):  
Azza Charara Baydoun
Keyword(s):  
Decision Making ◽  
Political Participation ◽  
Political Life ◽  
The Political ◽  
Decision Making Process ◽  
Power Structures ◽  
Policies And Procedures ◽  
The Social ◽  
The Status ◽  
Slow Progress

Women today are considered to be outside the political and administrative power structures and their participation in the decision-making process is non-existent. As far as their participation in the political life is concerned they are still on the margins. The existence of patriarchal society in Lebanon as well as the absence of governmental policies and procedures that aim at helping women and enhancing their political participation has made it very difficult for women to be accepted as leaders and to be granted votes in elections (UNIFEM, 2002).This above quote is taken from a report that was prepared to assess the progress made regarding the status of Lebanese women both on the social and governmental levels in light of the Beijing Platform for Action – the name given to the provisions of the Fourth Conference on Women held in Beijing in 1995. The above quote describes the slow progress achieved by Lebanese women in view of the ambitious goal that requires that the proportion of women occupying administrative or political positions in Lebanon should reach 30 percent of thetotal by the year 2005!

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