Value Democracy at Home and Abroad

2012 ◽  
Author(s):  
Corey Brettschneider
Keyword(s):  
International Law ◽  
Free Speech ◽  
Free Expression ◽  
The Third ◽  
Fundamental Value ◽  
Equal Citizenship ◽  
At Home

This concluding chapter examines some possible further implications of democratic persuasion that might be a source for further study. The first implication is that the book's view might serve as a model for other states that seek an alternative to the two dominant approaches to free speech. The third approach, democratic persuasion, allows free speech advocates to retain the protections against coercion found in rights of free expression. However, democratic persuasion also gives voice to the fundamental value of free and equal citizenship that underlies free speech. The second implication of the book's view is that it can also serve as a model for understanding how to promote ideals of equality in international law without violating the rights of individuals or the rights of states. Indeed, democratic persuasion already has a prominent role in international law.

The Concept of treaty in Islamic Jurisprudence: A comparative view of the classical jurists

2010 ◽  
Vol 7 (1) ◽  
pp. 55
Author(s):  
Labeeb Bsoul
Keyword(s):  
International Law ◽  
The Body ◽  
Mutual Understanding ◽  
Contemporary World ◽  
The Third ◽  
Islamic Jurisprudence ◽  
Shed Light

This article aims to shed light on a particular area in the field of Islamic International law (siyar) treaty in Islamic jurisprudence. It addresses a comparative view of classical jurists of treaties both theoretically and historically and highlights their continued relevance to the contemporary world. Since the concept of treaty a lacuna in scholarship as well as the familiar of international legal theorists to study and integrate the Islamic treaty system into the body of modern international law in order to have a mutual understanding and respect and honor for treaties among nations. I would like to present a series of three parts the first one addresses the concept of treaty in Islamic jurisprudence the second addresses the process of drafting treaties and their conclusion and the third addresses selected treaties, including the treaty of H{udaybiya that took place between Muslims and non-Muslims..

Foucault as Superauthor

2019 ◽  
Vol 29 (2) ◽  
pp. 104-125
Keyword(s):  
Free Speech ◽  
Second Phase ◽  
Contemporary Society ◽  
Sovereign Power ◽  
Ancient Greek ◽  
Main Motivation ◽  
Critical Attitude ◽  
The Third ◽  
Third Phase ◽  
Lecture Courses

Three phases in Foucault’s examination of authorship and free speech were essential to him throughout his life. They can be linked to such texts as the three lectures “What is an Author?” (first phase), “What is Critique?,” and “What is Revolution?” (second phase), and the two lecture courses, “Fearless Speech,” and “The Courage of Truth” (third phase). Initially, Foucault merely describes the founders of discursivity (hence, “superauthors”), among whom he reckoned only Marx and Freud, as the sole alternative to his own conceptualization of the author function, which is exhibited en masse in contemporary society. He then modifies his views on superauthorship by making Kant the paradigm and by linking his own concept of free speech to a Kan-tian critical attitude. However, Foucault claims only the half of Kant’s philosophical legacy that is related to the study of the ontology of the self.The article advances the hypothesis that the sovereign power of speech, which can be found in Marx and Heidegger and in generally in the concept of “superauthorship,” becomes unacceptable for Foucault. During the third phase, the danger of a tyrannical use of free speech compels Foucault to make a number of fruitful but questionable choices in his work. He focuses on a single aspect of free speech in which a speaker is in a weaker position and therefore has to overcome his fear in order to tell the truth. Foucault associates this kind of free speech with the ancient Greek notion of parrhesia, which according to his interpretation means “fearless speech”; however, this reading is not always supported by the ancient Greek sources. Foucault’s deliberations bring him to the radical conclusion that free speech transforms into performative “aesthetics of existence.” Foucault’s main motivation for pursuing this line of thought all through his life was to investigate his own abilities and powers as an author

The Structure of a Free Speech Right

2021 ◽  
pp. 212-230
Author(s):  
Stephen Gardbaum
Keyword(s):  
Free Speech ◽  
Freedom Of Expression ◽  
Common Law ◽  
Structural Elements ◽  
The Third ◽  
The Subject ◽  
The Right ◽  
Free Speech Rights

This chapter describes the structural elements or components of a free speech right. The nature and extent of a free speech right depends upon a number of legal components. The first is the legal source of the right (in common law, statute, or a constitution) and the force of the right having regard to how it is enforced, and whether and how it can be superseded. The second component is the ‘subject’ of free speech rights, or who are the rights-holders: citizens, natural or legal persons. The third is the ‘scope’ of a free speech right, while the fourth is the kind of obligation it imposes on others: a negative prohibition or a positive obligation. The fifth component is the ‘object’ of a free speech right: who is bound to respect a right of freedom of expression and against whom the right may be asserted. Finally, there is the ‘limitation’ of a free speech right.

Territorial Dimensions of Self-Determination

2018 ◽  
Vol 51 (3) ◽  
pp. 427-468
Keyword(s):  
Middle East ◽  
International Law ◽  
Legal Aspects ◽  
Self Determination ◽  
International Court Of Justice ◽  
The Third ◽  
Court Of Justice ◽  
Middle East Conflict ◽  
International Court ◽  
Generous Support

Professor Yaël Ronen introduced the workshop as the fourth in a series of events on legal aspects of the Middle East conflict. The first two events concerned the Palestine Mandate of 1922. The third focused on the 1948 refugee issue. All these events have and are being held with the generous support of the Knapp Family Foundation and under the auspices of the International Law Forum of the Faculty of Law. Also, as part of the Shabtai Rosenne International Law Center Initiative, the first session was dedicated to the commemoration of the work of the late Shabtai Rosenne, whose scholarship spanned a host of international law issues but who is most renowned for his work on the International Court of Justice (ICJ).

scholarly journals What is Left of User Rights? – Algorithmic Copyright Enforcement and Free Speech in the Light of the Article 17 Regime

2020 ◽  
Author(s):  
Sebastian Felix Schwemer ◽  
Jens Schovsbo
Keyword(s):  
Free Speech ◽  
Fundamental Rights ◽  
Free Expression ◽  
Online Content ◽  
Central Importance ◽  
Clear View ◽  
Content Sharing ◽  
Limitations And Exceptions ◽  
Copyright Enforcement ◽  
Primary Channel

Article 17 of the Directive on copyright and related rights in the Digital Single Market (the DSM Directive) has strengthened the protection of copyright holders. Moving forward, online content-sharing providers will be responsible for copyright infringement unless the use of works on their platforms is authorized or if they have made ‘best efforts’ to obtain an authorization and prevent the availability of unlicensed works. At the same time, the Directive has made it clear that users of protected works shall be able to rely on the existing limitations and exceptions regarding quotation, criticism and review and caricature, parody or pastiche. The Directive even casts these limitations and exceptions as user rights. This paper points out that copyright’s limitations and exceptions have traditionally consti- tuted a corner stone in the internal balancing of the interests of users against rights holders and with a clear view of safeguarding the interests of free expression and information protected by the Charter. Given the overall purpose of the DSM Directive in strengthening the position of rights holders, there is a dire risk that the benefits of the limitations and exceptions evaporate in the attempts of platform operators to escape liability by use of algorithmic enforcement. The article uses the recent decisions of the CJEU in Pelham, Funke Medien and Spiegel Online to draw attention to the central importance of the limitations and exception as the primary channel for fundamental rights analyses in copyright. It is finally pointed out how the DSM Directive –despite of its on-the-paper recognition of users’ rights– is most likely going to lead to a devaluation of those same rights.

scholarly journals International Recognition and the International Law Status of Poland in the 20th Century

2020 ◽  
Vol 9 (1) ◽  
pp. 21-48
Author(s):  
Elżbieta Dynia
Keyword(s):  
World War Ii ◽  
World War I ◽  
International Law ◽  
20Th Century ◽  
World War ◽  
The Third ◽  
International Recognition ◽  
The Status

The article concerns international recognition of the Polish state established after World War I in the year 1918, the Polish state and the status of Poland in terms of international law during World War II and after its conclusion until the birth of the Third Polish Republic in the year 1989. A study of related issues confirmed the thesis of the identity and continuity of the Polish state by international law since the year 1918, as solidified in Polish international law teachings, and showed that the Third Polish Republic is, under international law, not a new state, but a continuation of both the Second Polish Republic as well as the People’s Republic of Poland.

scholarly journals INFLUENCE OF THE RIGHT TO THE ENVIRONMENT ON SUSTAINABLE DEVELOPMENT FROM THE PERSPECTIVE OF INTERNATIONAL LAW

2019 ◽  
Vol 8 (3) ◽  
Author(s):  
Akramosadat Kia
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
International Law ◽  
Environmental Law ◽  
Human Life ◽  
Legal Protection ◽  
Third Generation ◽  
Human Beings ◽  
The Third ◽  
The Right

Nature is one of the most important pillars of human life, which is why the environment has been considered in all historical periods. At first, contemporary international law seeks to protect the environment as part of international environmental law, but the inadequacy of this protection and the need to protect the environment for Nowadays's human beings and future generations, the link between the environment and human rights It was considered because legal protection of human rights could be a means to protect the environment. Hence, in the context of the third generation of human rights, a new right called "the right to the environment" was created in international human rights instruments, in which the environment was raised as a human right. This right is not only a reminder of the solidarity rights that are categorized in the third generation of human rights, but also necessary for the realization of many human rights, civil, political or economic, social and cultural rights. However, the exercise of this right requires a level of development which in turn provides for a greater degree of environmental degradation. Hence, the international community since the nineties has promoted the idea of sustainable development at all levels of national, regional and the international has put it on its agenda.

scholarly journals Obituary notices of fellows deceased

1883 ◽  
Vol 34 (220-223) ◽  
Keyword(s):  
Early Life ◽  
The Third ◽  
At Home

Dr. George Budd was born in 1808. He was the third son of MR. Samuel Budd, surgeon, of North Tawton, in Devonshire, and one of nine brothers, seven of whom have successfully studied and practised medicine. Having feeble health in early life, he was educated at home till he went to Cambridge in 1827.

Sign in / Sign up

Export Citation Format

Share Document