Globalization and a Normative Framework of Freedom

Human Affairs ◽  
2007 ◽  
Vol 17 (1) ◽  
Author(s):  
Ladislav Hohoš
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Social Order ◽  
Self Determination ◽  
Normative Structure ◽  
New Era ◽  
Normative Framework ◽  
Positive Liberty ◽  
The Way

Globalization and a Normative Framework of FreedomThe author considers the question of whether or even what normative structure of social order is able to encourage the advancement of the measure of positive liberty in the process of globalization. Related to this is the issue of the insufficiency of guarantees provided by orthodox liberalism for human self-determination. The author considers possible scenarios as to the way in which an elite cosmopolitan minority, profiting from globalization and feeling no responsibility for the majority left to its own fate, would pursue its own interests. The ideas of Ralf Dahrendorf concerning the global rule of law in the name of freedom and the need for international law are referred to. Globalization is occurring just as Marx intuitively predicted: capitalism becomes the bearer of hidden immanent self-destructive mechanisms. In conclusion, the author's hypothesis is that the new era of law in the 21

The Plurality of States and the World Order of Reason

2017 ◽  
Author(s):  
Sergio Dellavalle
Keyword(s):  
International Law ◽  
Social Order ◽  
World Order ◽  
The State ◽  
New Paradigm ◽  
The World ◽  
The Way

This chapter argues that Hegel can be regarded as the philosopher who was the first to pave the way to a new paradigm of order and, thus, also to a new idea of the relation between the state and international law. Hegel would not only conceive order as a ‘system’—which emerges clearly from the investigation of the deep connection between his interpretation of international law and relations and the broader context of his philosophy—but this ‘system’ would also be something new within the horizon of the patterns of social order. Indeed, two elements of a new paradigm are at least sketched in Hegel’s philosophy: the polyarchic setting of order, and its dialectic (or maybe even communicative) understanding.

Norms of Self-Determination: Thinking Sovereignty Through

2012 ◽  
Vol 4 (2-3) ◽  
pp. 195-224 ◽  
Author(s):  
David Scott
Keyword(s):  
Cold War ◽  
International Relations ◽  
International Law ◽  
Third World ◽  
International Relations Theory ◽  
Democratic Governance ◽  
Self Determination ◽  
Post Cold War ◽  
The Way

This essay is an exploration of the contemporary normative conditions of thinking about the problem of sovereignty. Specifically it is a consideration of some aspects of the way in which the problem of Third World sovereignty has been taken up and argued out in international relations theory and international law on the legal-political terrain of self-determination. The essay traces the transformation of the norm of self-determination as an anti-colonial standard to its post-Cold War re-composition as a norm of democratic governance.

Confronting colonial otherness: the Judicial Committee of the Privy Council and the limits of imperial legal universalism

2017 ◽  
Author(s):  
Bonny Ibhawoh
Keyword(s):  
International Law ◽  
British Empire ◽  
Rule Of Law ◽  
Social Order ◽  
Social Life ◽  
Privy Council ◽  
The Rule Of Law ◽  
Social Forms ◽  
The Ideal

This chapter examines British imperial rule of law and its relationship to colonial difference. The ideal of impartial legality within the British Empire was embodied in a supreme right of appeal to the Judicial Committee of the Privy Council, a right continues in force even in a few locations today. During its more active periods, the Privy Council saw itself as the instantiation of the idea of rule of law across the empire, and therefore as a profound force toward world-spanning legality and social order. Yet this universal aspiration toward the rule of law did not lead toward simple assertions that all peoples throughout the empire should immediately adopt British social forms. Instead, the judges sought to assimilate existing patterns of social life to a shared juridical order. Theirs was a universalism that did not insist upon the same rights for everyone, regardless of who and where they might be, but rather emphasized the submersion of all local legal orders to the rule of the empire’s central court. As Ibhawoh notes, many of the questions that occupied the Privy Council continue to matter today as developing systems of international law replay many similar, difficult debates.

Territorial Modifications and Breakups in Federal States

1996 ◽  
Vol 33 ◽  
pp. 41-74 ◽  
Author(s):  
Luzius Wildhaber
Keyword(s):  
International Law ◽  
Constitutional Law ◽  
Self Determination ◽  
Federal States ◽  
Domestic Law ◽  
Extensive Practice ◽  
The Way

SummaryThis article considers the way in which territorial modifications and breakups in federal states are dealt with in domestic and in international law. It investigates whether federal states permit separatist claims of their minorities for “internal modifications” on the basis of constitutional Law, such as the formation of new member units or the merger of existing member units, and whether domestic law knows of any secessionist claims for “external modifications,” such as the formation of new sovereign states or the merger or association with existing states. The extensive practice surveyed by the author allows for a new outlook on the well-known problem of “self-determination.”

The Way Forward

2019 ◽  
pp. 297-338
Author(s):  
Susan D. Franck
Keyword(s):  
International Law ◽  
Dispute Resolution ◽  
Rule Of Law ◽  
Cost Containment ◽  
International Investment ◽  
Costs And Benefits ◽  
Cost Shifting ◽  
Early Stages ◽  
Dependent Model ◽  
The Way

To synthesize preceding chapters and point the way forward, Chapter 9 first identifies the need for enhanced transparency on costs and rationalization, particularly in early stages of disputes to manage expectations and create efficiencies. Second, it identifies relative costs and benefits of ITA, arguing an increased focus on non-adjudicative dispute resolution is warranted while acknowledging those mechanisms only work effectively when legitimate adjudication permits parties to negotiate “in the shadow of the law.” Third, the chapter explores ICSID’s proposals to foster a dialogue about costs. Fourth, it advocates changing cost-shifting norms toward a factor-dependent model. Recalling potential limitations, it concludes that for international investment dispute resolution to foster rule-of-law adjudication that is efficient, fair, reliable, and rationalized, stakeholders should implement structural safeguards to focus on appropriate dispute resolution to promote cost containment, predictability, and sustainable dispute resolution in an era of re-emerging nationalization and a backlash against international law.

scholarly journals Responsibility and Rights

2019 ◽  
Vol 20 (4) ◽  
pp. 449-467
Author(s):  
Sergio Dellavalle
Keyword(s):  
International Law ◽  
Social Order ◽  
Mutual Recognition ◽  
Added Value ◽  
Modern Theory ◽  
New Era ◽  
Time Space ◽  
Rights Discourse ◽  
The One ◽  
The Individual

AbstractA new era of responsibility seems poised to overshadow the human rights discourse in international law. On the one hand, introducing the perspective of responsibility must result in an added value when compared to the former predominant approach. In fact, some justifications are inconsistent, and the most radical interpretations jeopardize the very core of the modern theory of social and legal order—namely, the centrality of the individual. On the other hand, the incorporation of responsibility into the discourse on rights may help to overcome some of its most evident shortcomings. Nonetheless, despite some positive outcomes which the new attention on responsibility may bring about, the concept is flawed by at least two major deficits. First, the reference to responsibility tends to presuppose the possibility of taking the position of a privileged observer. This implicitly rejects the idea that the moral and legal community is essentially constituted by human individuals who freely recognize each other as equal members and rightful holders of entitlements. The second deficit is instead related to the intrinsically particularistic character of responsibility, which makes it rather difficult to apply to the field of international law and relations. An analysis shows that we are confronted with a conflict: while responsibility can, in fact, be assumed to bring an added value, the costs for this are exceedingly high, because they amount to no less than the abandonment of the core concept of modern moral and political philosophy. By recurring to the communicative paradigm of rationality and social order, a possible solution is outlined according to which responsibility is reinterpreted in the sense of a time, space, composition, and content-related expansion of mutual recognition.

scholarly journals Republics of Donbass as an international political and legal precedent

2019 ◽  
pp. 143-147
Author(s):  
Vladislav V. Gruzdev ◽  
Aleksandr I. Levchenkov
Keyword(s):  
Human Rights ◽  
International Law ◽  
Self Determination ◽  
International Level ◽  
Universal Principle ◽  
Military Operation ◽  
Legal Precedent ◽  
Sphere Of Influence ◽  
The Way

The article analyses the events taking place in Donbass from 2014 to 2019, to be exact, the very fact of the appearance of the peoples' republics of Lugansk and Donetsk, the way in which these republics appeared and the way of their possible international legalisation. The study was carried out not only at Russian, but also at the international level. The authors' vision of solving the problem is proposed, in particular, the idea is that the implementation of the fundamental (universal) principle of modern international law – the principle of universal respect for human rights and freedoms in conditions of the Ukraine military operation affecting the citizens of the republics in the sphere of influence of Russia – is impossible without implementing the principle of self-determination of peoples and nations. Only with such concrete conflict binding, the principle of self-determination of peoples and nations can predominate over the principles of territorial integrity and inviolability of borders.

Pinochet’sLegacy Reassessed

2012 ◽  
Vol 106 (4) ◽  
pp. 731-768 ◽  
Author(s):  
Ingrid Wuerth
Keyword(s):  
Twentieth Century ◽  
Human Rights ◽  
International Law ◽  
New Era ◽  
National Courts ◽  
House Of Lords ◽  
The World ◽  
Augusto Pinochet ◽  
The Way

One of the most dramatic moments in twentieth-century international law transpired in 1999 when the House of Lords denied immunity to Augusto Pinochet, the former dictator of Chile. The “breathtaking” judgment cleared the way for the possible prosecution of Pinochet in Spanish national courts on charges of torture committed during his rule. By limiting immunity, the House of Lords’ rulings turned the world “upside down” and ushered in a new era of accountability for egregious violations of human rights. At least that is the prevailing narrative, one that pits accountability against the international law of immunity and seesPinochetas a watershed moment in that struggle.

Self-Determination and Territorial Integrity: Southern Cameroons and the Republic of Cameroun

2019 ◽  
Vol 27 (4) ◽  
pp. 629-653
Author(s):  
Valerie Muguoh Chiatoh
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Third World ◽  
Self Determination ◽  
Territorial Integrity ◽  
Present Issue ◽  
The Republic ◽  
The Relationship

African states and institutions believe that the principle of territorial integrity is applicable to sub-state groups and limits their right to self-determination, contrary to international law. The Anglophone Problem in Cameroon has been an ever-present issue of social, political and economic debates in the country, albeit most times in undertones. This changed as the problem metamorphosed into an otherwise preventable devastating armed conflict with external self-determination having become very popular among the Anglophone People. This situation brings to light the drawbacks of irregular decolonisation, third world colonialism and especially the relationship between self-determination and territorial integrity in Africa.

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