Draft Convention on the International Responsibility of States for Injuries to Aliens

1961 ◽  
Vol 55 (3) ◽  
pp. 548-584 ◽  
Author(s):  
Louis B. Sohn ◽  
B. B. Baxter
Keyword(s):  
International Law ◽  
The State ◽  
Draft Convention ◽  
International Responsibility ◽  
The Individual

1.A State is internationally responsible for an act or omission which, under international law, is wrongful, is attributable to that State, and causes an injury to an alien. A State which is responsible for such an act or omission has a duty to make reparation therefor to the injured alien or an alien claiming through him, or to the State entitled to present a claim on behalf of the individual claimant.2. (a)An alien is entitled to present an international claim under this Convention only after he has exhausted the local remedies provided by the State against which the claim is made.(b) A State is entitled to present a claim under this Convention only on behalf of a person who is its national, and only if the local remedies and any special international remedies provided by the State against which the claim is made have been exhausted.

State Responsibility for COVID-19: Does International Contagion Constitute Transboundary Harm?

2021 ◽  
pp. 1-19
Author(s):  
Sophie CAPICCHIANO YOUNG
Keyword(s):  
International Law ◽  
Significant Risk ◽  
International Community ◽  
The State ◽  
Direct Result ◽  
State Responsibility ◽  
Current Article ◽  
International Responsibility ◽  
The Individual ◽  
Do So

Abstract As the damage caused by COVID-19 has increased exponentially, so too has the insistence that China bears some international responsibility for the unquantifiable damage sustained as a direct result of the state having failed to contain the virus, and to notify the international community of its existence. Some have suggested that the international contagion of the virus may be classified as transboundary harm. The current article analyses the law of transboundary harm, and proposes a set of criteria based on treaty and precedent that may be relied on to properly classify an event as such. It concludes that it is not only incorrect to classify international contagion as transboundary harm, but that to do so would pose a significant risk to the position and treatment of the individual in international law.

Hobbes among the Classic Jurists

2018 ◽  
Author(s):  
David Boucher
Keyword(s):  
International Relations ◽  
International Law ◽  
The State ◽  
Law Of Nature ◽  
Law Of Nations ◽  
Complete Identification ◽  
The Law ◽  
The Individual ◽  
Hedley Bull ◽  
Hans Morgenthau

The classic foundational status that Hobbes has been afforded by contemporary international relations theorists is largely the work of Hans Morgenthau, Martin Wight, and Hedley Bull. They were not unaware that they were to some extent creating a convenient fiction, an emblematic realist, a shorthand for all of the features encapsulated in the term. The detachment of international law from the law of nature by nineteenth-century positivists opened Hobbes up, even among international jurists, to be portrayed as almost exclusively a mechanistic theorist of absolute state sovereignty. If we are to endow him with a foundational place at all it is not because he was an uncompromising realist equating might with right, on the analogy of the state of nature, but instead to his complete identification of natural law with the law of nations. It was simply a matter of subject that distinguished them, the individual and the state.

Remarks by Sean D. Murphy

2020 ◽  
Vol 114 ◽  
pp. 193-199
Author(s):  
Sean D. Murphy ◽  
Claudio Grossman
Keyword(s):  
Human Rights ◽  
International Law ◽  
The State ◽  
Human Right ◽  
Human Rights Movement ◽  
Interstate System ◽  
International Human ◽  
The Individual

Our conversation might begin by looking backward a bit. The human rights movement from 1945 onward has been one of the signature accomplishments of the field of international law, one that refocused our attention from a largely interstate system to a system where the individual moved in from the periphery to the center. Human rights champions point to numerous landmark treaties, numerous institutions, and the rise of NGOs as a critical vehicle for developing and monitoring human rights rules. Yet others look at the international human right system and still see the state as overly central, tolerating and paying lip service to human rights, but too easily discarding them when they prove to be inconvenient. The persistence of racism comes to mind. As a general matter, how would you assess the strengths and weaknesses of the system that was built essentially during your lifetime?

scholarly journals Governance, Representation and the 'Monstrous Regiment': Is the Collective Feminine?

2014 ◽  
Vol 19 (1) ◽  
pp. 163
Author(s):  
John Morss
Keyword(s):  
International Law ◽  
Social Life ◽  
The State ◽  
Liberal Theory ◽  
Focus Attention ◽  
Political Analysis ◽  
The Individual

Alternatives to the individualistic emphasis of liberal theory focus attention on collective dimensions of social life with implications for legal and political analysis of the state, of representation, and of international law. In this context, relationships between the individual–collective dichotomy and the dichotomy of gender demand attention because of the claimed affiliations of individualism with social understandings of masculinity.

scholarly journals Emergence of the Individual as an International Juristic Entity: Enforcement of International Human Rights

2004 ◽  
Vol 9 (2) ◽  
pp. 534-572 ◽  
Author(s):  
Julie Cassidy
Keyword(s):  
Human Rights ◽  
International Law ◽  
Minority Groups ◽  
The State ◽  
International Human Rights ◽  
International Norm ◽  
State Practice ◽  
International Rights ◽  
The Many ◽  
The Individual

In this article it is contended that state practice, as evidenced in the declarations of the judiciary and the many treaties and conventions guaranteeing human rights, reveals a consensus of opinion acknowledging the individual to be an international juristic entity. So extensive is this practice that it could be seen as marking the emergence of a new customary international norm; or at least a general principle of international law, yet to crystallise into a custom; acknowledging the individual as the beneficiary of international rights. This is important for individuals and minority groups because if they possess international rights independently of the State, enforcement of their rights will no longer depend on the interests of the State. Where the State is often the offender of human rights, international law will not effectively confer any real rights unless the individual is so recognised as an inter- national juristic entity.

International Criminal Law

1985 ◽  
Vol 20 (2-3) ◽  
pp. 206-242 ◽  
Author(s):  
Yoram Dinstein
Keyword(s):  
International Law ◽  
Legal System ◽  
The State ◽  
International Criminal Law ◽  
Human Being ◽  
Human Beings ◽  
Corporate Entity ◽  
The Veil ◽  
The Individual ◽  
Individual Human

The individual human being is manifestly the object of every legal system on this planet, and consequently also of international law. The ordinary subject of international law is the international corporate entity: first and foremost (though not exclusively) the State. Yet, the corporate entity is not a tangible res that exists in reality, but an abstract notion, moulded through legal manipulation by and within the ambit of a superior legal system. When the veil is pierced, one can see that behind the legal personality of the State (or any other international corporate entity) there are natural persons: flesh-and-blood human beings. In the final analysis, Westlake was indubitably right when he stated: The duties and rights of States are only the duties and rights of the men who compose them.That is to say, in actuality, the international rights and duties of States devolve on human beings, albeit indirectly and collectively. In other words, the individual human being is not merely the object of international law, but indirectly also its subject, notwithstanding the fact that, ostensibly, the subject is the international corporate entity.

Mechanism of International Legal Implementation for Human Security at the National Level

2020 ◽  
Vol 11 (1) ◽  
pp. 13
Author(s):  
Vadim Avdeevich AVDEEV ◽  
Olga Anatolievna AVDEEVA ◽  
Anton Vitalyevich BYKOV ◽  
Evgeny Vasilyevich ZNAMEROVSKIY ◽  
Alexey Nikolaevich AKSENOV ◽  
...  
Keyword(s):  
International Law ◽  
National Level ◽  
Human Security ◽  
The State ◽  
Fundamental Rights ◽  
Legal Principles ◽  
Personal Security ◽  
Fundamental Rights And Freedoms ◽  
The Individual ◽  
Criminal Legislation

The research analyzes current trends in ensuring personal security taking into account International Law. The priority position of the individual declared by the norms of international law is assessed differently by national legal systems. The interest of States in preserving the inviolability of fundamental human rights and freedoms implies the use of various mechanisms to achieve these goals. New trends in socio-economic development in the context of globalization predetermine the need to improve the national system for ensuring personal security taking into account international legal principles. Attention is focused on the state of human security and fundamental rights and freedoms declared by international and national law and guaranteed by the State. International normative and legal acts aimed at strategic directions of ensuring personal security are subject to analysis. The article notes the relationship between the transformation of socio-economic character and the state, structure, dynamics of crimes against the individual. Bringing the norms of national law into conformity with the norms, principles and provisions of international normative-legal acts of universal and regional character is recognized as one of the directions of ensuring personal security. The research is focused on the key areas of counteracting attacks on the person taking into account the novelization of modern criminal legislation and law enforcement activities. Close attention is paid to the development and implementation of organizational and practical measures to counteract crimes against the individual at federal and regional levels. The strategic directions developed and implemented at the national level to improve the effectiveness of activities related to ensuring human criminological safety are of applied importance. The conceptual directions of realization of the state policy on prevention, suppression and counteraction of violent crime against the person proposed in the article have practical and oriented value.  

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