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.

The Role of the Arctic Council from an International Law Perspective: Past, Present and Future

2014 ◽  
Vol 6 (1) ◽  
pp. 349-374 ◽  
Author(s):  
Yoshinobu Takei
Keyword(s):  
International Law ◽  
Essential Role ◽  
The Arctic ◽  
Arctic Council ◽  
Treaty Negotiations ◽  
Recent Developments ◽  
Law Making

Established in 1996, the Arctic Council has played an essential role in promoting pan- Arctic cooperation on various issues concerning the Arctic. Increasingly, its activities have contributed to the development of international law relating to the Arctic in terms of law-making and implementation. Recent developments make it pertinent to investigate the possibilities and challenges faced by the Arctic Council in developing legally binding instruments and otherwise contributing to the development of international law relating to the Arctic. How has the Council been engaged in activities that contribute to the development of international law? What factors have affected these activities? This article describes the structure of the Arctic Council and its status under international law; analyzes important developments relating to this issue in the period before the 2009 Ministerial Meeting held in Tromsø, Norway; examines the processes in which two legally binding instruments were negotiated and eventually adopted as well as elements common to these agreements; and discusses Arctic Council processes relevant to the development of international law other than treaty negotiations under its auspices.

THE ARISTOTELIAN LEGISLATOR AND POLITICAL NATURALISM

2021 ◽  
pp. 1-19
Author(s):  
George Duke
Keyword(s):  
Practical Reason ◽  
Essential Role ◽  
Practical Rationality ◽  
Natural Entities ◽  
Efficient Cause ◽  
The Status ◽  
Political Communities ◽  
Law Making ◽  
Natural Impulse

Aristotle's assertion in Politics 1.2 that there is a natural impulse to form political communities is immediately contraposed with the claim that the person responsible for their foundation is the cause (αἴτιος) of the greatest of goods (Pol. 1253a33). The attribution of an essential role to the legislator as an efficient cause appears to clash, however, with Aristotle's political naturalism. If the polis exists by nature and humans are by nature political animals (1253a1–2), then the question arises as to why active intervention by the legislator is necessary for a polis. Conversely, if the polis is an artefact of practical reason, then Aristotle's distinction between products of the intellect and natural entities seems to preclude the status of the polis as natural. In light of this apparent tension between different aspects of Aristotle's account of the origins of political communities, the current paper seeks to demonstrate their reconcilability. Section 1 considers the role of the Aristotelian legislator in light of broader Greek assumptions regarding law-making. Section 2 then considers the status of law-making expertise (νομοθετική) as part of political science (πολιτική) and examines the mode of practical reason that is exercised by the legislative founder. Finally, in section 3, and building on recent interpretations which have emphasized that Aristotle operates with an extended teleological conception of nature, I argue that acts of legislative founding and nature can consistently serve as joint causes of the polis, because the ‘products’ of the practical rationality of the architectonic legislator are themselves an expression of distinctly human nature.

Standardization: A Dynamic and Procedural Conceptualization of International Law-Making

2012 ◽  
Vol 25 (2) ◽  
pp. 283-307 ◽  
Author(s):  
YANNICK RADI
Keyword(s):  
International Law ◽  
International Society ◽  
International Organizations ◽  
Legal Certainty ◽  
Normative Function ◽  
Procedural Law ◽  
The Status ◽  
Interactive Exercise ◽  
Different Sources ◽  
Law Making

AbstractThe paper analyses the dynamic procedures that work during the formation of international law in international organizations and conventional frameworks. These procedures organize and structure the interactive exercise of the normative function by law-creating bodies and law-applying bodies. The paper conceives of this ‘way’ of making international law as a law-making method that the concept of standardization helps to understand. Grounded in Aristotelian dialectic logic, standardization indeed conceptualizes the dialogic and procedural law-making that works for normative coherence in contexts characterized by co-operation and the heterogeneity of interests. Introducing this concept, the paper insists on the fact that it is the procedural nature of the dialogue that is crucial to reach normative coherence. Drawing on the consequences of standardization, and regarding dynamic procedures, it reappraises the status and the importance of both the different sources of international law and the different participants to international law-making. Also, the paper points out the predominance of normative coherence, as well as that of its ‘guarantor’, namely procedure that its author considers the cornerstone of legal certainty in the co-operative context of the international society.

scholarly journals DMYTRO MANUILSKY AS A CHIEF OF THE UKRAINIAN SSR FOREIGN POLICY DEPARTMENT (1944-1952)

2016 ◽  
Vol 1 (127) ◽  
pp. 14-26
Author(s):  
Volodymyr Holovchenko
Keyword(s):  
Foreign Policy ◽  
Soviet Union ◽  
International Law ◽  
International Organizations ◽  
International Communication ◽  
Union Republic ◽  
New Methods ◽  
The Soviet Union ◽  
The Status

Creating of Ukrainian SSR’ foreign policy department during the Soviet constitutional reform in 1944, whatever the true motives and intentions of official Kremlin policy, – systemic great strategy, tactical move, situational political maneuvering or diplomatic farce, – had a positive consequence. After more than two decades of forced interruption, the concept of «State Ukraine» appeared in diplomatic correspondence the Ukrainian SSR formally acquired the status of a subject of international law and was the «initial member» of the United Nations. The very fact of «the republic’s emergence in the international arena» certainly contributed to the growth of national consciousness of Ukrainians, feeling them myself nation that is worth full representation in the international community. «First among equals» the Soviet Union republic was collaborating with international life, gradually formed its own corps of skilled diplomats, that gained experience of employment activities in international organizations, mastered new methods and the art of negotiation, the ethics of international communication, realized the strength and weakness of the Kremlin diplomacy and simultaneously observed visually slighted status of the Ukrainian SSR in foreign policy. The deep sense of a unique Ukrainian «drift» to international life could not to eviscerate any sophisticated Kremlin filters. The article spotlights the role of D. Manuilsky in launching the «golden age of Ukrainian Soviet diplomacy», whose best achievements diplomatic service of independent Ukraine is developing.

scholarly journals The ILC’s Draft Articles Before the 69th Session of the UNGA: A Reawakening?

2015 ◽  
Vol 7 (1) ◽  
pp. 1-12 ◽  
Author(s):  
Natalie Y. MORRIS-SHARMA
Keyword(s):  
International Law ◽  
International Organizations ◽  
Armed Conflicts ◽  
The Past ◽  
Recent Trends ◽  
Law Making

AbstractThe treatment by states, at the 69th session of the UNGA, of the ILC’s work on the responsibility of international organizations, the effects of armed conflicts on treaties, and the expulsion of aliens, offer some interesting points for reflection, particularly about the role of states in international law-making. This paper situates the UNGA’s consideration of the draft articles before it within the context of the recent trends of the UNGA’s commending of the ILC’s draft articles to the attention of governments, and of its use of technical roll-overs. In this regard, the paper questions whether the UNGA’s approach to the draft articles on the expulsion of aliens signals a reawakening of the UNGA. Against this backdrop, the paper also discusses the past practice of the UNGA when considering the draft articles of the ILC.

scholarly journals Designing for international law: The architecture of international organizations 1922–1952

2020 ◽  
pp. 1-22
Author(s):  
Miriam Bak McKenna
Keyword(s):  
New York ◽  
International Law ◽  
International Organizations ◽  
International Organization ◽  
International Labour Organization ◽  
The Relationship ◽  
Physical Manifestation ◽  
Insight Into ◽  
Do So

Abstract Situating itself in current debates over the international legal archive, this article delves into the material and conceptual implications of architecture for international law. To do so I trace the architectural developments of international law’s organizational and administrative spaces during the early to mid twentieth century. These architectural endeavours unfolded in three main stages: the years 1922–1926, during which the International Labour Organization (ILO) building, the first building exclusively designed for an international organization was constructed; the years 1927–1937 which saw the great polemic between modernist and classical architects over the building of the Palace of Nations; and the years 1947–1952, with the triumph of modernism, represented by the UN Headquarters in New York. These events provide an illuminating allegorical insight into the physical manifestation, modes of self-expression, and transformation of international law during this era, particularly the relationship between international law and the function and role of international organizations.

Features of ILM for the 1960's

1969 ◽  
Vol 8 (I1) ◽  
pp. xi-xii
Keyword(s):  
International Law ◽  
International Organizations ◽  
Armed Conflict ◽  
Developed Countries ◽  
Military Force ◽  
International Arbitration ◽  
National Courts ◽  
The Developed Countries

The contents of ILM for the period from 1962 to 1969 reflect several significant developments: (1) the entry on the international scene of many new countries and their establishment of relations with the developed countries, particularly in the fields of commerce and trade and of investment; (2) the prevalence of armed conflict and the use of military force in the unsettled conditions resulting from the decolonization process and from continued antagonisms between the superpowers; (3) the pervasive role of international organizations, both global and regional, general and specialized; and (4) the continued predominance of national courts in the judicial consideration of questions of international law and the shift from general to specialized tribunals in the resolution of disputes by international arbitration and adjudication.

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.

ASEAN and Its Problematic Treaty-Making Practice: Can International Organizations Conclude Treaties “on Behalf of” Their Member States?

2014 ◽  
Vol 4 (2) ◽  
pp. 391-419 ◽  
Author(s):  
Zhida CHEN
Keyword(s):  
International Law ◽  
International Organizations ◽  
Southeast Asian ◽  
The Other ◽  
Member States ◽  
The Real ◽  
Asean Member ◽  
Real Issue ◽  
The Status

The Association of Southeast Asian Nations (ASEAN) has, on various occasions, concluded treaties on behalf of its Member States. This raises some interesting questions: is ASEAN entitled to enter into treaties on behalf of its Member States; and if so, what should be the status of ASEAN and its Member States vis-à-vis the other party to the treaty? The issue is not one of whether the ASEAN Member States have consented to such a practice—it must be assumed that they have. Instead, the real issue is whether such treaty-making practice can and should be valid under international law, even if the Member States have consented for ASEAN to conclude these treaties on their behalf. This paper will argue that, under international law, ASEAN is entitled to conclude treaties on behalf of its Member States.

International Law within the Israel Legal System

1990 ◽  
Vol 24 (3-4) ◽  
pp. 451-484 ◽  
Author(s):  
Ruth Lapidoth
Keyword(s):  
International Law ◽  
International Organizations ◽  
Legal System ◽  
The State ◽  
Laws Of War ◽  
International Treaties ◽  
The Status ◽  
The Military ◽  
State Of Israel ◽  
High Seas

Since the establishment of the State and up to the present day, Israeli law has had to deal with a great number of various problems in the field of international law, e.g. whether the State of Israel is a successor to the obligations of the Mandatory government; the jurisdiction of the Israeli courts with regard to offences committed in demilitarized zones or beyond the State's boundaries (on the high seas or abroad); the immunity of foreign states and their representatives from the jurisdiction of Israeli courts and from measures of execution; the status of international organizations and of their employees; the effect and implications of official acts performed within the territory of a state which is at war with Israel; the effect of international treaties in Israel; the question whether the Eastern neighbourhoods of Jerusalem are part of Israel; various issues concerning extradition, and of course, many questions regarding the laws of war: the powers of the military governor, and in particular his power to expropriate land in the territories under Israeli control and to expel residents from the territories, the extent of his legislative powers, etc.

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