scholarly journals The Importance of Trust at the Level of Public International Law: A Contribution to Theoretical Considerations

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Hanna Duszka-Jakimko
Keyword(s):  
Social Sciences ◽  
International Law ◽  
International Community ◽  
Sociology Of Law ◽  
Effective Practice ◽  
Public International Law ◽  
A Value ◽  
Community Cooperation ◽  
Theoretical Considerations

Abstract The purpose of this article is to point to trust as a value serving the coexistence of international community cooperation, as well as the elimination of global threats in public international law. The article presents selected approaches and typology of trust adopted in social sciences (with particular emphasis on the sociology of law as an auxiliary science of jurisprudence), their reference to the understanding and meaning of trust in public international law, as well as consequences in the form of shaping the quality and content of legislative solutions and practice of acting in the international arena. As a result of the conducted analyses, trust in international law can be considered in three ways: first, as trust in the binding rule established by the subjects of international law; second, as a value expressed by the axiology of international law and principles of institutional significance; third, as a requirement of effective practice that exemplifies the theoretical and axiological assumptions of law.

Book I Diplomacy in General, 4 The State: Its Concept as a Legal Person in International Law

2016 ◽  
Author(s):  
Fox Hazel
Keyword(s):  
International Law ◽  
International Community ◽  
The State ◽  
International Organization ◽  
Legal Person ◽  
International Affairs ◽  
Public International Law ◽  
Role Of The State

This chapter addresses the State as the prime actor in the conduct of diplomacy and examines the State’s status as a legal person as defined by international law. To understand the role of the State in international affairs, it is essential to appreciate that it is both a maker and a subject of international law. It has been and continues to be instrumental in the formation of public international law. The chapter thus presents four topics to explain the nature and scope of the powers and activities of the State in international affairs. These are: the qualifications for statehood, recognition of the State as a member of the international community, the State compared to an international organization as a legal person and other entities having lesser rights in international law, and sovereignty as an attribute of the State.

The Administration of Kosovo and East-Timor by the International Community

2001 ◽  
Vol 50 (3) ◽  
pp. 613-631 ◽  
Author(s):  
Matthias Ruffert
Keyword(s):  
International Law ◽  
Constitutional Law ◽  
Humanitarian Intervention ◽  
Use Of Force ◽  
International Community ◽  
East Timor ◽  
Public International Law ◽  
Direct Administration ◽  
Context Of Use

The intensive debate about the legality of NATO air strikes from March to June 1999 in the context of use of force, Chapter VII competences and humanitarian intervention1 including their implication in the domestic constitutional law of NATO members,2 may be concealed another development the importance of which in modern Public International Law should not be underestimated: since the time when the Yugoslav/Serbian army left Kosovo, the province has been under direct administration by the international community.3 Only a little time later the same phenomenon of international administration came into being in East-Timor, a Portuguese colony until 1975 and claimed by Indonesia afterwards.4

European New Legal Realism and International Law: How to Make International Law Intelligible

2015 ◽  
Vol 28 (2) ◽  
pp. 211-230 ◽  
Author(s):  
JAKOB V. H. HOLTERMANN ◽  
MIKAEL RASK MADSEN
Keyword(s):  
Social Sciences ◽  
International Law ◽  
Complex Analysis ◽  
Sociology Of Law ◽  
Empirical Methods ◽  
Legal Realism ◽  
Realist Approach ◽  
The Social ◽  
Object Of Study ◽  
Domestic Law

AbstractInternational law remains in many ways a challenge to legal science. As in domestic law, the available options appear to be exhausted by either internal doctrinal approaches, or external approaches applying more general empirical methods from the social sciences. This article claims that, while these major positions obviously provide interesting insights, none of them manage to make international law intelligible in a broader sense. Instead, it argues for a European New Legal Realist approach to international law accommodating the so-called external and internal dimensions of law in a single more complex analysis which takes legal validity seriously but as a genuinely empirical object of study. This article constructs this position by identifying a distinctively European realist path which takes as its primary inspirations Weberian sociology of law and Alf Ross’ Scandinavian Legal Realism and combines them with insights originating from Bourdieusian sociology of law.

Rogue States – State Sponsors of Terrorism?

2002 ◽  
Vol 3 (9) ◽  
Author(s):  
Petra Minnerop
Keyword(s):  
United States ◽  
International Law ◽  
United States Of America ◽  
International Security ◽  
The United States ◽  
International Community ◽  
Public International Law ◽  
Rogue States ◽  
Terrorist Acts

Since 1994, the United States of America have been warning of a new threat posed by so-called ‘rogue states'. (1) Following 11th September 2001, a number of these so-called rogue states have been targeted as responsible for the attacks or as a result of fears that they are plan-ning further terrorist acts. The classification of certain states by degrading terminology by the United States not only seems to be fully justifiablevis-à-visthe realisation of an emerging danger; furthermore, it could be seen as movement within the international community to-wards the identification of states which threaten international security. Thus, it is important to look behind the terms: which states fall into the category of rogue states and what consequences could follow for public international law from such classification?

scholarly journals Correlation between Legitimacy and Legality – Selected Problems

2017 ◽  
Vol 5 (1) ◽  
pp. 125 ◽  
Author(s):  
Anna Kociołek-Pęksa ◽  
Jerzy Menkes
Keyword(s):  
International Law ◽  
Political Science ◽  
International Community ◽  
Wide Field ◽  
Legal Analysis ◽  
A Value

The presented study is multi-disciplinary in nature. It combines elements of legal analysis, political science, as well as elements of the science of safety. This multi-faceted study has allowed us to not only to cover a wide field of research but also to make thorough descriptions and explanations provided sense largissimo. The text concerns the multi-faceted relationship between legality and the legitimacy of law in the perspective of international and national dimensions. The authors concluded that “justice” (as a rule and also a value) is a (different) Grundnorm in international law. The authors discuss the role of the international community, the principle of sovereignty and the essence of nomocracy, in shaping and changing the scope of the legitimacy of law.

scholarly journals Ponadnarodowa organizacja międzynarodowa a kwestia suwerenności – studium międzynarodowoprawne

2021 ◽  
pp. 21-38
Author(s):  
Danuta Kabat-Rudnicka ◽  
Brygida Kuźniak
Keyword(s):  
Social Sciences ◽  
European Union ◽  
International Law ◽  
Political Science ◽  
The European Union ◽  
International Organisations ◽  
Public International Law ◽  
Analytical Category ◽  
The Eu

The article focuses on the concept of sovereignty – an analytical category applicable to states. However, with the emergence of new actors in the international arena, especially new types of organisations such as the European Union, the question arises: whether it is possible to apply sovereignty to entities other than states. The authors have the assumption that in the area of social sciences, it is possible to give the concept of the sovereignty a certain trait of universality, inter alia, to better reconcile the legal and political science approaches. The aim of this study is to identify and then to define an important feature of the EU, which may be sovereignty itself or its equivalent (autonomy, claim to sovereignty, quasi-sovereignty). The results of the study may lead to a better understanding of non-state subjects of public international law such as international organisations in genere, and organisations of integrational and supranational character in specie. The article is analytical, comparative and explanatory.

The Right of Secession in Public International Law

1983 ◽  
Vol 20 ◽  
pp. 24-78 ◽  
Author(s):  
Daniel Turp
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
International Community ◽  
Self Determination ◽  
Public International Law ◽  
The Right ◽  
United Nations Charter ◽  
Right Of Self Determination

SummaryIn light of the numerous secessionist claims witnessed by the international community, it is of great interest to ascertain if international law provides for a right of secessionist self-determination. An analysis of treaty provisions encompassing the right of self-determination of peoples, namely the United Nations Charter and the Human Rights Covenants, suggests that the latter treaties consecrate an authentic right to secede. Such a right appears to be unhindered by any customary norm which would prohibit secession as a means of implementation of the right of self-determination of peoples, seeing that the practice of States is clearly divided on the issue of secession. It is submitted, however, that there is a need for more detached criteria with respect to the right of secession, its beneficiaries and its conditions of exercise and, consequently, for an acknowledgement, to the benefit of the international community as a whole, of the legitimacy of national affirmations and secessionist claims.

Espionage in the Light of Provisions of Public International Law

2019 ◽  
Vol 35 (2) ◽  
pp. 277-290
Author(s):  
Meriem A. Loukal
Keyword(s):  
International Law ◽  
Public International Law

ناولت هذه الدراسة أحكام التجسس باعتباره يثير الكثير من التساؤلات حول مدى مشروعيته؛ وذلك لتجريمه في القوانين الوطنية، وهو ما يجعله في المنطقة الرمادية، وقد زاد التطور التكنولوجي من تعقيد عملية التجسس عندما يكون باستخدام الأقمار الاصطناعية، بالإضافة إلى حاجة المنظمات الدولية إليه في إطار عمليات حفظ السلام، كما أن القبض على الجاسوس يرتب آثارًا قانونية متباينة، ففي زمن الحرب يتعرض للمحاكمة في حين أن تجسس المبعوث الدبلوماسي يؤدي إلى طرده أو خفض العلاقات الدبلوماسية أو قطعها. وقد توصلت الدراسة إلى عدد من النتائج منها: عدم وجود صك دولي إلى اليوم يجرم التجسس، كما لا يمكن تبنيه على المدى البعيد. وجود إجماع فقهي حول عدم تكييف التجسس واعتباره كحد أدنى عملًا غير ودي. وخلصت إلى عدد من التوصيات منها: لابد من الفصل بطريقة حاسمة بين أشكال التجسس بتكييفها وإخراجها من المنطقة الرمادية

Sign in / Sign up

Export Citation Format

Share Document