Status of Treaties in Domestic Legal Systems: A Policy Analysis

1992 ◽  
Vol 86 (2) ◽  
pp. 310-340 ◽  
Author(s):  
John H. Jackson
Keyword(s):  
Legal System ◽  
International System ◽  
Extensive Literature ◽  
Political Systems ◽  
International Treaty ◽  
International Legal System ◽  
Basic Concepts ◽  
Relationship Of ◽  
The Relationship ◽  
Domestic Law

The degree to which an international treaty is “directly applied” or “self-executing” in a national (municipal) legal system, i.e., to what extent the treaty norms are treated directly as norms of domestic law (“statutelike law”) without a further “act of transformation,” has been debated in an extensive literature for more than a century. This subject is now receiving increased recognition as part of a broader trend acknowledging that understanding an international legal system necessitates understanding the relationship of national legal and political systems to that international system. In connection with treaties, the basic concepts of “monism” and “dualism” have long been used to explain some of the relationships of treaty law to domestic law.

International Law Concentrate

2021 ◽  
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis
Keyword(s):  
International Law ◽  
International System ◽  
Comprehensive Overview ◽  
Essential Information ◽  
Peaceful Settlement ◽  
Questions And Answers ◽  
The Law ◽  
Settlement Of Disputes ◽  
The Relationship ◽  
Domestic Law

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. International Law Concentrate provides a comprehensive overview of international law and includes key information, key cases, revision tips, and exam questions and answers. Topics covered include the nature of international law and the international system, sources of international law, and the law of treaties. The book also looks at the relationship between international and domestic law. It considers personality, statehood, and recognition, as well as sovereignty, jurisdiction, immunity, and the law of the sea. The book describes state responsibility and looks at peaceful settlement of disputes. Finally, it looks at the use of force and human rights.

Figure 5.7: the institutions of the Council of Europe 5.4.3 Relationship of the Convention with English law The UK has had many cases brought against it by individuals, and its track record in relation to human rights has been demonstrated to be worrying. Between 1975 and 1990, 30 cases were brought against the UK and in 21 of these cases the ECtHR found that the government had violated the ECHR. By 1997, the number of successful applications against the UK had risen to 50. In 1997, when the Labour government came into power one of its election promises was to incorporate these Convention rights into English law. 5.4.3.1 1951–98 As an international treaty the Convention had no force within the English legal system, and Convention rights were not enforceable in English courts. However, the UK government could be taken to the ECtHR by individuals and, as noted above, it was. But, having said that, although the Convention had no force in the English legal system, it was not ignored over the course of almost 50 years between 1951 and 1998. English courts were indeed influenced by the Convention in a range of ways. Judges in the House of Lords stated that they would presume that Parliament

2012 ◽  
pp. 136-136
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Council Of Europe ◽  
International Treaty ◽  
Track Record ◽  
House Of Lords ◽  
English Law ◽  
The Government ◽  
The Uk ◽  
Relationship Of

1. Foundations and structure of international law

2019 ◽  
pp. 1-20
Author(s):  
Anders Henriksen
Keyword(s):  
International Law ◽  
Legal System ◽  
Historical Overview ◽  
Public International Law ◽  
Legal Rules ◽  
System P ◽  
Rules And Principles ◽  
The Subject ◽  
International Legal System ◽  
The Relationship

This chapter introduces the subject of public international law and provides an overview of its most important elements. It begins with a brief historical overview of international law. It then presents the international legal system consisting of different structures of legal rules and principles; discusses the basis of international legal obligation; offers a brief overview of the relationship between international law and national law; and deals with the issue of enforcement. The chapter concludes with some remarks about the alleged inadequacies of international law and the tension between notions of justice and order that is so prevalent within the international legal system.

International Law Concentrate

2017 ◽  
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis
Keyword(s):  
International Law ◽  
International System ◽  
Comprehensive Overview ◽  
Essential Information ◽  
Peaceful Settlement ◽  
Questions And Answers ◽  
The Law ◽  
Settlement Of Disputes ◽  
The Relationship ◽  
Domestic Law

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. International Law Concentrate provides a comprehensive overview of international law and includes key information, key cases, revision tips, and exam questions and answers. Topics covered include the nature of international law and the international system, sources of international law, and the law of treaties. The book also looks at the relationship between international and domestic law. It considers personality, statehood, and recognition as well as sovereignty, jurisdiction, immunity, and the law of the sea. The book describes state responsibility and looks at peaceful settlement of disputes. Finally it looks at the use of force and human rights.

From Autonomy to Integration? International Law, Free Trade and the Environment

2008 ◽  
Vol 77 (3) ◽  
pp. 253-273 ◽  
Author(s):  
Michael Mehling ◽  
Anja Lindroos
Keyword(s):  
International Law ◽  
Environmental Law ◽  
Case Law ◽  
International Environmental Law ◽  
International Treaty ◽  
Trade Law ◽  
International Trade Law ◽  
Trade And The Environment ◽  
Relationship Of ◽  
The Relationship

AbstractOur current understanding of so-called “self-contained regimes” is based on an overly simplistic appreciation of how such regimes interact with each other and with the larger body of international law. Drawing on an analysis of WTO case law, this article highlights two distinct normative relations, addressing the relationship of international trade law vis-à-vis general international law and international environmental law. As the analysis reveals, further differentiation of normative relationships is needed to better understand how such seemingly independent regimes operate in a fragmented legal system. It also shows that a recently proposed interpretative tool, systemic integration, raises new questions and challenges traditional conceptions of international treaty law.

Open innovation practices adopted by private stakeholders: perspectives for living labs

Info ◽  
2015 ◽  
Vol 17 (4) ◽  
pp. 67-80 ◽  
Author(s):  
Dominic Lapointe ◽  
David Guimont
Keyword(s):  
Open Innovation ◽  
Research Literature ◽  
Extensive Literature ◽  
Content Type ◽  
Living Lab ◽  
Living Labs ◽  
Innovation Practices ◽  
Relationship Of ◽  
The Relationship

Purpose – This paper aims to explore the role of private stakeholders in the living lab (LL) ecosystem and the relationship of private stakeholders to open innovation (OI) practices. There is extensive literature on private stakeholders and OI, but seldom mention is made on the specific question of how private stakeholders integrate OI in the context of a LL. Design/methodology/approach – The authors will analyze qualitatively how private businesses that have participated in a in situ open innovation evaluate and perceived their open innovation practices. Therefore, how they relate to open innovation. Then, the authors will identify a typology of the businesses in relation to OI. Findings – The research focused on the relationship of private stakeholders to OI in the context of in situ OI activities. The results obtained are consistent with literature on OI (Chesbrough, 2003). However, there are differences: if the elements mentioned by the respondents are described in literature, their representation of OI and its components allows us to affirm that this practice is not generalised and that it is often open to interpretation. That emphasises the importance of the role LLs can play as intermediaries to accompany private stakeholders in the OI process. Private stakeholders look for a guide to develop their OI know-how and find their way in the OI ecosystem. Originality/value – The value of this paper is to bridge the research on OI done with private organisation and the research on LLs. The research literature did not pay much attention to the representation of the private stakeholders in the OI ecosystem. This paper has provided the start to open up that field.

Challenges for the (Present/) Future of ird World Approaches to International Law

2008 ◽  
Vol 10 (4) ◽  
pp. 467-477
Author(s):  
Ibironke Odumosu
Keyword(s):  
International Law ◽  
Legal System ◽  
Third World ◽  
International System ◽  
The Future ◽  
Future Challenges ◽  
International Legal System ◽  
Material Power

AbstractThis article examines the future of Third World Approaches to International Law (TWAIL) and its ability to meet its challenges and achieve its objectives in a hegemonic international system. It discusses the fundamental role of ideas, the challenge of ideational (and material) power, and the reconstruction of identities, in meeting the challenges of TWAIL perspectives. In discussing these components and their interaction, the article observes that while they show some promise for the future of TWAIL, they also embody severe limitations. The article concludes with some thoughts about TWAIL's future engagements and on the note that even though the challenges are arduous, TWAIL perspectives possess some potential to meet the present and future challenges of reconstructing the international legal system.

scholarly journals Measuring environmental injustice: how ecological debt defines a radical change in the international legal system

2016 ◽  
Vol 23 (1) ◽  
pp. 381 ◽  
Author(s):  
Jordi Jaria i Manzano ◽  
Antonio Cardesa-Salzmann ◽  
Antoni Pigrau ◽  
Susana Borràs
Keyword(s):  
Environmental Justice ◽  
International Law ◽  
Legal System ◽  
International System ◽  
Balance Of Power ◽  
Radical Change ◽  
Structural Features ◽  
Human Beings ◽  
Environmental Injustice ◽  
International Legal System

This paper takes ecological debt as a measure of environmental injustice, and appraises this idea as a driving force for change in the international legal system. Environmental justice is understood here as a fair distribution of charges and benefits derived from using natural resources, in order to provide minimal welfare standards to all human beings, including future generations. Ecological debt measures this injustice, as an unfair and illegitimate distribution of benefits and burdens within the social metabolism, including ecologically unequal exchange, as a disproportionate appropriation and impairment of common goods, such as the atmosphere. Structural features of the international system promote a lack of transparency, control and accountability of power, through a pro-growth and pro-freedom language. In theory, this discourse comes with the promise of compensation for ordinary people, but in fact it benefits only a few. Ecological debt, as a symptom of the pervasive injustice of the current balance of power, demands an equivalent response, unravelling and deconstructing real power behind the imagery of equally sovereign states. It claims a counterhegemonic agenda aiming at rebuilding international law from a pluralist, 'third world' or Southern perspective and improving the balance of power. Ecological debt should not only serve as a means of compensation, but as a conceptual definition of an unfair system of human relations, which needs change. It may also help to define the burdens to be assumed as costs for the change required in international relations, i.e. by promoting the constitutionalization of international law and providing appropriate protection to human beings under the paradigms of sustainability (not sustainable development) and equity.Key Words: environmental justice, ecological debt, international legal system

scholarly journals Analfabetismo ambiental: a percepção dos docentes e discentes sobre o ambiente de uma escola do município de Guaraí-TO

2018 ◽  
Vol 23 (1) ◽  
pp. 198-224
Author(s):  
Natanael Gomes Lima ◽  
Karla Caroline Sousa Dornelas ◽  
Liberta Lamarta Favoritto Garcia Neres ◽  
Ana Paula Martins Guimarães ◽  
Júlio Cesar Ibiapina Neres ◽  
...  
Keyword(s):  
High School Students ◽  
Environmental Education ◽  
Environmental Issues ◽  
School Students ◽  
Real Dimension ◽  
Man And Nature ◽  
Teachers And Students ◽  
Basic Concepts ◽  
Relationship Of ◽  
The Relationship

O termo analfabetismo ambiental surgiu na conferência RIO-92 após destacarem a necessidade da implementação de um modelo sustentável que determinasse a relação das pessoas com os problemas ambientais, a fim de formar cidadãos comprometidos com as questões socioambientais. Neste contexto, a pesquisa teve como objetivo analisar o analfabetismo ambiental acerca da percepção dos docentes e discentes do Ensino Médio no município de Guaraí-TO, buscando identificar esse possível analfabetismo. Para o desenvolvimento deste trabalho foram utilizados recursos que auxiliassem nos levantamentos de dados, possibilitando uma visão mais clara desse analfabetismo por parte de professores e alunos. Através do uso de questionário e observações com o intuito de descrever as características dos entrevistados, foi possível perceber entre os professores uma visão predominantemente globalizada, ressaltando a relação homem-natureza e entre os alunos prevaleceu uma visão antropocêntrica, evidenciando a natureza como fonte de recursos para a sobrevivência humana. Foi possível perceber que os estudantes e profissionais da educação conhecem os conceitos básicos de ambiente, mas não possuem uma noção clara e objetiva de sua real dimensão, evidenciando o egocentrismo. Com essa análise, será possível traçar estratégias e realizar trabalhos de educação ambiental que possam contribuir para que esta comunidade escolar consiga facilmente compreender a complexidade do tema e as possíveis consequências da degradação ambiental e sociocultural nos dias atuais. Environmental illiteracy: the perception of teachers and students about the environment of a school in the municipality of Guaraí-TO The term environmental illiteracy emerged at the RIO-92 conference after highlighting the need to implement a sustainable model that determines the relationship of people to environmental problems in order to train citizens committed to social and environmental issues. In this context, the research aimed to analyze environmental illiteracy about the perception of teachers and high school students in the municipality of Guaraí-TO, seeking to identify this possible illiteracy. For the development of this work, resources were used to assist in data collection, allowing a clearer view of this possible illiteracy by teachers and students. Through the use of a questionnaire and observations to describe the characteristics of the interviewees, it was possible to perceive among the teachers a predominantly globalized view, emphasizing the relation between man and nature and among the students anthropocentric vision prevailed, evidencing nature as a source of resources for human survival. It was possible to perceive that the students and professionals of the education know the basic concepts of environment, but do not have a clear and objective notion of its real dimension. With this analysis, it will be possible to draw up strategies and carry out environmental education works that can contribute to this school community being able to easily understand the complexity of the theme and the possible consequences of environmental and sociocultural degradation. Key words: Environmental Perception, Illiteracy, Environment and Environmental Education.

scholarly journals The Method and Intellectual Repercussion in Architecture

2020 ◽  
Vol 8 (2) ◽  
pp. 17-24
Author(s):  
Ahmed H. Hameed ◽  
Basim H. Hashim
Keyword(s):  
Research Method ◽  
Architectural Design ◽  
Basic Research ◽  
The State ◽  
General Knowledge ◽  
Frame Work ◽  
Basic Concepts ◽  
Relationship Of ◽  
The Relationship ◽  
Rela Tions

"The architectural studies in general dealt with the study of several concepts that have an important role in the design part as well as providing preparation and support of its requirements, procedures, and rules for a variety of aspects and details. The current research directed towards a specified study of the relationship of two influential concepts within the frame-work of architectural design. These concepts are; the method and its relationship to the state of intellectual repercussion with the necessity of introducing, clarifying and defining the general knowledge frameworks for the nature of those rela-tions and the effect of the indicators of that situation with respect to the general knowledge about them. This research is Directed to define the general frameworks of the basic research concepts, which are both the method and the repercussion with other concepts that are influential, design, thought or thinking, to determine the cases of interconnec-tion between them and then to refer these cases to several levels, and to propose the models adopted from the studies and architectural proposals, which will determine the indicators needed to define the situation The correlation between the basic concepts of research (method and repercussion) within the framework of the field of architecture to show that the final out-come refers to the adoption of the repercussion as an instrument or preparation for the benefit of the method within the ar-chitectural design"

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