scholarly journals The Impact of the 1959 Agreement on the Legal Status of the Nile in the Post-Colonial Period

2021 ◽  
Vol 66 (2) ◽  
pp. 283-307
Author(s):  
Barbara Mielnik
Keyword(s):  
International Law ◽  
Legal Status ◽  
Colonial Period ◽  
Nile River ◽  
Legal Regime ◽  
Difficult Situation ◽  
Post Colonial ◽  
Significant Damage ◽  
Access To Water ◽  
The Impact

Abstract The Nile, one of the longest rivers in the world, has not been subjected to a uniform legal regime yet, despite the pressing needs. The hitherto proposals presented by the riparian states of the lower and upper reaches have not been unanimously accepted. Egypt and Sudan face particular difficult situation since the Nile river is their main source of water supply. It is argued that the lack of necessary coordination among all the States in the basin may in the future lead to significant damage and consequences both in terms of access to water and its quality. This short study critically examines past and present initiatives undertaken to solve one of the most controversial aspects of international law in Africa.

Conflicts in Biafra, Katanga and Cabinda as a result of the geopolitical legacy of colonialism

2020 ◽  
Vol 2020 (10-3) ◽  
pp. 238-246
Author(s):  
Olga Dzhenchakova
Keyword(s):  
Democratic Republic ◽  
Economic Factor ◽  
Colonial Period ◽  
Sub Saharan Africa ◽  
Negative Consequences ◽  
Post Colonial ◽  
Republic Of The Congo ◽  
Sub Saharan ◽  
The Republic ◽  
The Impact

The article considers the impact of the colonial past of some countries in sub-Saharan Africa and its effect on their development during the post-colonial period. The negative consequences of the geopolitical legacy of colonialism are shown on the example of three countries: Nigeria, the Democratic Republic of the Congo and the Republic of Angola, expressed in the emergence of conflicts in these countries based on ethno-cultural, religious and socio-economic contradictions. At the same time, the focus is made on the economic factor and the consequences of the consumer policy of the former metropolises pursuing their mercantile interests were mixed.

What's Left of the Law of Integration?

2018 ◽  
Author(s):  
Julio Baquero Cruz
Keyword(s):  
International Law ◽  
Fundamental Rights ◽  
Structural Elements ◽  
The European Union ◽  
Difficult Situation ◽  
Court Of Justice ◽  
Structural Connections ◽  
The Law ◽  
Constitutional Pluralism ◽  
The Impact

This book discusses the impact of the difficult situation the European Union is currently going through on some structural elements of its legal order, looking for symptoms of decay, exploring examples of resistance, and assessing its overall state of health. The original choices made by the drafters of the Treaties and by the Court of Justice are put in their proper historical perspective, understanding Union law as a tool of civilization, and explaining its current problems, at least in part, as a consequence of the waning of the initial impetus behind integration. The concrete themes to be explored are the following: primacy, the national resistance to it and constitutional pluralism; the preliminary rulings procedure; Union citizenship, equality, and human dignity; the scope of the Charter and the standard of protection of fundamental rights; and the rigidity and fragmentation of the Union system in connection with the recent occasional use of international law as an alternative to Union law. The book looks at the development of the law throughout the decades, inevitably losing much detail, but hopefully also uncovering structural connections and continuities.

The Developmental State

2019 ◽  
pp. 71-100
Author(s):  
Luis Eslava
Keyword(s):  
Twentieth Century ◽  
International Law ◽  
Developmental State ◽  
The State ◽  
The South ◽  
Post Colonial ◽  
Institutional Formation ◽  
Complex Process ◽  
Starting Point ◽  
The Impact

The battle for international law during the era of decolonization in the mid-twentieth century was to a large extent a battle fought over the nature, function and objectives of the state—above all, over their relationship to the idea of ‘development’. A particular normative and institutional formation resulted from this battle: the ‘developmental state’, the impact of which on (in)dependence in the South was and continues to be profound. However, the ‘developmental state’ did not spring ready-made out of nowhere. On the contrary, using Latin America’s much earlier experience of colonialism, decolonization and independent statehood as a starting-point, this chapter draws attention to the long and complex process through which the developmental state’s most important elements emerged, defining what was thinkable and doable there and elsewhere in the post-colonial world.

scholarly journals The Impact of African Philosophy on the Realisation of International Community and the Observance of International Law

2016 ◽  
Vol 18 (1) ◽  
pp. 3-33
Author(s):  
Foluke Ifejola Ipinyomi
Keyword(s):  
International Law ◽  
Free Market ◽  
International Community ◽  
Shared Values ◽  
Sub Saharan Africa ◽  
African Philosophy ◽  
Post Colonial ◽  
Legal Nature ◽  
Sub Saharan ◽  
The Impact

The legal nature of international law is uncertain, despite being the foundation of the international community. Its non-universality questions the cohesion and efficacy of the international community. The international community operates as an exclusive club, coalescing around certain shared values, like liberal democracy and free market economy. Sub-Saharan Africa is usually excluded from being an active part of the international community due to differing values; a shared understanding of community which conflicts with the shared values of the core of the international community. Furthermore, their post-colonial nature deters African states from choosing their own path or adopting the norms of the ‘international community.’ A paradigmatic shift in research into sub-Saharan Africa and the international community is necessary to ensure a truly effective international community and wider observance of international law.

Some International and Legal Aspects of the Suez Canal Question

1957 ◽  
Vol 51 (2) ◽  
pp. 277-307 ◽  
Author(s):  
Thomas T. F. Huang
Keyword(s):  
International Law ◽  
Legal Status ◽  
Legal Aspects ◽  
Suez Canal ◽  
International Affairs ◽  
Egyptian Government ◽  
And Control ◽  
The Impact ◽  
International Status

The impact of the nationalization by the Egyptian Government on July 26, 1956, of the Suez Canal Company (Compagnie Universelle du Canal Maritime de Suez) upon international affairs is still reverberating. The questions of international law and other problems to which it gives rise are manifold, but this article will be restricted to an examination of four of them: first, the international and legal status of the Suez Canal Company; second, the nature and legal status of concession agreements which are referred to in the text of the Convention of October 29, 1888; third, the international status and control of the Suez Canal, particularly under the 1888 Convention; and fourth, the matter of compensation.

scholarly journals Post-Colonial State and Bureaucracy in Bangladesh: Theoretical Understanding

2013 ◽  
Vol 7 ◽  
pp. 43-54 ◽  
Author(s):  
Hanif Miah
Keyword(s):  
The State ◽  
Colonial Period ◽  
Military Rule ◽  
Theoretical Understanding ◽  
Colonial State ◽  
Post Colonial ◽  
State Administration ◽  
State Bureaucracy ◽  
The Impact ◽  
Personal Interests

Bureaucracy is the management apparatus of a state administration. Even in private sector, bureaucratic organization is very much essential for its smooth functioning and betterment. A legalized domination of bureaucracy only can ensure highest efficiency of an organization in a country. But the state bureaucracy of Bangladesh not developed legally from Pre-colonial period to post-colonial phase as well as an independent Bangladesh eventually. The state bureaucracy of Bangladesh is patrimonial in nature based on personal interests. The politicians and bureaucrats are interdependent in various manners for the fulfillment of their purpose illegally in Democratic Bangladesh. Simultaneously, the impact of militarism still exists in state bureaucracy of Bangladesh as it faced military rule in several times.

1 The Refugee in International Law

2021 ◽  
Author(s):  
Goodwin-Gill Guy S ◽  
McAdam Jane ◽  
Dunlop Emma
Keyword(s):  
International Law ◽  
Social Order ◽  
Legal Status ◽  
Legal Regime ◽  
Refugee Law ◽  
Legal Space ◽  
The One ◽  
Human Rights Standards ◽  
Refugees And Asylum Seekers ◽  
Legal Consequences

This chapter provides an overview of the refugee in international law. The refugee in international law occupies a legal space characterized, on the one hand, by the principle of State sovereignty and the related principles of territorial supremacy and self-preservation and, on the other hand, by competing humanitarian principles deriving from general international law and from treaty. Refugee law nevertheless remains an incomplete legal regime of protection, imperfectly covering what ought to be a situation of exception. It goes some way to alleviate the plight of those affected by breaches of human rights standards or by the collapse of an existing social order in the wake of revolution, civil strife, aggression, or disaster; but it is incomplete so far as refugees and asylum seekers may still be denied even temporary protection, safe return to their homes, or compensation. The international legal status of the refugee necessarily imports certain legal consequences, the most important of which is the obligation of States to respect the principle of non-refoulement through time.

scholarly journals Public Mass Modern Education, Religion, and Human Capital in Twentieth-Century Egypt

2016 ◽  
Vol 76 (3) ◽  
pp. 697-735 ◽  
Author(s):  
Mohamed Saleh
Keyword(s):  
Elementary Schools ◽  
Primary Schools ◽  
Colonial Period ◽  
Public Speech ◽  
Muslim Students ◽  
Post Colonial ◽  
Modern Education ◽  
The Poor ◽  
The Impact ◽  
A Share

Public mass modern education was a major pillar of state-led development in the post-Colonial period. I examine the impact of Egypt's transformation in 1951–1953 of traditional elementary schools (kuttabs) into modern primary schools on the Christian-Muslim educational and occupational differentials, which were in favor of Christians. The reform granted kuttabs' graduates (where Muslim students were over-represented) access to higher stages of education that were previously confined to primary schools' graduates. Exploiting the variation in exposure to the reform across cohorts and districts of birth among males in 1986, I find that the reform benefited Muslims but not Christians. What Europe is suffering from is the result of generalizing education among all levels of society… they have no chance of avoiding what happened [Europe's 1848 revolutions]. So if this is an example in front of us, our duty is simply to teach them how to read and write to a certain limit in order to encourage satisfactory work and not to spread education beyond that point.Muhammad Ali Pasha, Ottoman Viceroy of Egypt (1805–1848), in a private letter to his son, Ibrahim Pasha (in Judith Cochran 1986, p. 6)Education is like the water we drink and the air we breathe.Taha Hussein, Egyptian liberal intellectual and Egypt's Minister of Education (1950–1952)The poor go to heaven, but can't they have a share on Earth too? They are willing to give up a share in heaven in exchange for a share on Earth.Gamal Abdul-Nasser, President of Egypt (1956–1970) (Excerpt from a public speech)

scholarly journals Humanitarian Intervention and Pretexts for War

2006 ◽  
Vol 100 (1) ◽  
pp. 107-141 ◽  
Author(s):  
Ryan Goodman
Keyword(s):  
International Law ◽  
Legal Status ◽  
Humanitarian Intervention ◽  
Empirical Studies ◽  
Potential Effect ◽  
Central Question ◽  
Global Order ◽  
Military Interventions ◽  
Ulterior Motives ◽  
The Impact

The legal status of humanitarian intervention poses a profound challenge to the future of global order. The central question is easy to formulate but notoriously difficult to answer: Should international law permit states to intervene militarily to stop a genocide or comparable atrocity without Security Council authorization? That question has acquired even greater significance in the wake of military interventions in Kosovo and Iraq, and nonintervention in the Sudan. Concerted deliberation on these issues, however, has reached an impasse. A key obstacle to legalizing unilateral humanitarian intervention (UHI) is the overriding concern that states would use the pretext of humanitarian intervention to wage wars for ulterior motives. In this article, I argue that it is just as likely, or even more likely, that the impact on states would be the opposite. Drawing on recent empirical studies, I contend that legalizing UHI should in important respects discourage wars with ulterior motives, and I discuss changes to international legal institutions that would amplify that potential effect.

scholarly journals Post-colonial Boundaries, International Law, and the Making of the Rohingya Crisis in Myanmar

2019 ◽  
Vol 9 (2) ◽  
pp. 334-358
Author(s):  
Mohammad SHAHABUDDIN
Keyword(s):  
International Law ◽  
Ethnic Minorities ◽  
Legal Status ◽  
Self Determination ◽  
Post Colonial

AbstractThe development of post-colonial states through the operation of the uti possidetis principle in international law is intrinsically connected to the suppression of ethnic minorities and the ensuing humanitarian catastrophes in these states. With the continuation of colonial boundaries in post-colonial states due to the uti possidetis principle, international law facilitates many of these catastrophes. Accordingly, through exploring the questionable legal status of the uti possidetis principle and the fallacy of its conflict-preventing potential, I argue that uti possidetis itself is a key problem. The continuation of arbitrarily drawn colonial boundaries undermines the legitimate right to self-determination of numerous ethnic minorities. This paper specifically explores the application of uti possidetis to Myanmar and how it contributed to the Rohingya crisis. In the process, the paper also highlights the inherent relationship between colonialism and international law and how it has shaped the development of post-colonial states.

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