Turkish policy towards Libya after the February 2011 revolution

2020 ◽  
pp. 31
Author(s):  
Rafea Shareef Dhanoon
Keyword(s):  
International Law ◽  
Military Cooperation ◽  
The West ◽  
Regional Parties ◽  
Spheres Of Influence ◽  
Close Relationship ◽  
Shed Light

The close relations between Turkey and Libya are still on the rise, and this was evident through Turkish support at all levels of the internationally recognized government of Al-Sarraj winner. The Memorandum of Understanding signed between Turkey and Libya on 27 / November 2019, in the areas of security and military cooperation and the determination of areas of influence revealed The navy, the extent of the historical close relationship between Ankara and Tripoli, just as the Turkish President Erdogan wanted to deliver a message to the West and other regional parties after the signing of the Memorandum of Understanding, that Turkey has a non-negotiable sovereign right to define the maritime spheres of influence and that this right stems from international law. In light of these tracks, we will shed light on the orientations of Turkish policy towards Libya after the February 2011 revolution, by defining the determinants of those trends and examining the most important obstacles in the march of Turkish policy towards Libya.

scholarly journals Responsibility of the Netherlands for the Acts of Dutchbat in Nuhanović and Mustafić: The Continuous Quest for a Tangible Meaning for ‘Effective Control’ in the Context of Peacekeeping

2012 ◽  
Vol 25 (2) ◽  
pp. 521-535 ◽  
Author(s):  
BÉRÉNICE BOUTIN
Keyword(s):  
The Netherlands ◽  
International Law ◽  
International Organizations ◽  
Effective Control ◽  
The Hague ◽  
Court Of Appeal ◽  
Shed Light

AbstractIn Nuhanović and Mustafić (5 July 2011), the Court of Appeal of The Hague held the Netherlands liable under Bosnian torts law in relation to acts of Dutchbat in the days following the fall of Srebrenica. The claims were brought by relatives of victims killed by Mladić's troops after being evicted from the Dutchbat premises, where they had sought refuge. When resorting to international law to attribute the conduct to the Netherlands, the Court shed light on the concrete meaning of ‘effective control’ when a wrongful conduct does not result from direct orders, thereby clarifying some of the questions surrounding the determination of responsibility for conducts in the framework of international organizations.

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative Aspects

2010 ◽  
Vol 1 (2) ◽  
pp. 117-135
Author(s):  
Bożena Drzewicka
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Human Rights ◽  
The West ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The World ◽  
International Human

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative AspectsThe issue of confronting values between civilizations has become very important. It influences not only the level of international politics but also the international normative activity. It is very interesting for the modern international law and its doctrine. The most important factor of causing huge changes in the system of international law is still the international human rights protection and the international humanitarian law which is related to it. It is very difficult to create one catalogue of executive instruments and procedures but it is possible to influence the attitude toward the basic paradigms. The frictions appear from time to time and move to other planes. The West and Asia are still antagonists in the dialogue on the future of the world. The article is a contribution to the intercivilizational dialogue.

HADIS KURAIB DALAM KONSEP RUKYATUL HILAL

1970 ◽  
Vol 13 (2) ◽  
Author(s):  
Muslih Husein
Keyword(s):  
The West ◽  
The Earth ◽  
New Moon ◽  
The Republic

Hisab dan rukyat, hakikatnya, adalah cara untuk mengetahui pergantian bulan. Kajian ini memperlihatkan beberapa temuan. Pertama, korelasi antara hadis Kuraib dan terjadinya perbedaan penetapan awal Ramadan, Syawal, dan Dzul Hijjah di Indonesia. Kementerian Agama Republik Indonesia telah menetapkan bahwa Indonesia secara keseluruhan menjadi satu wilayah hukum (wilayatul hukmi). Kedua, tentang keberhasilan rukyat al-hilal di satu kawasan yang diberlakukan bagi kawasan lain di muka bumi. Perlu diketahui bersama bahwa visibilitas pertama hilal tidak meliputi seluruh muka bumi pada hari yang sama, melainkan membelahnya menjadi dua bagian: (1) bagian sebelah Barat yang dapat melihat hilal dan (2) bagian sebelah Timur yang tidak dapat melihat hilal.Hisab and rukyat is a way to know the turn of the month. This study shows several findings. First is the correlation between Kuraib traditions and differences in the determination of the beginning of Ramadan, Shawwal, and Dhul-Hijjah in Indonesia. Ministry of Religious Affairs of the Republic of Indonesia has stated that Indonesia as a whole into a single jurisdiction (wilayatul hukmi). Second, on the success rukyat alhilal in one area that applied to other regions of earth. Important to know that the first visibility of the new moon does not cover the entire face of the earth on the same day, but splitting it into two parts: (1) part of the West to see the new moon, and (2) part of the East were not able to see the new moon.

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..

Is International Law International?

2017 ◽  
Author(s):  
Anthea Roberts ◽  
Martti Koskenniemi
Keyword(s):  
South China Sea ◽  
International Law ◽  
Case Studies ◽  
South China ◽  
Visual Representations ◽  
International Lawyer ◽  
Spheres Of Influence ◽  
Diverse Backgrounds ◽  
The World ◽  
Anglo American

Is International Law International? takes the reader on a sweeping tour of the international legal academy to reveal some of the patterns of difference, dominance, and disruption that belie international law’s claim to universality. Both revealing and challenging, confronting and engaging, this book is a must-read for any international lawyer, particularly in a world of shifting geopolitical power. Pulling back the curtain on the “divisible college of international lawyers,” the author shows how international lawyers in different states, regions, and geopolitical groupings are often subject to differences in their incoming influences and outgoing spheres of influence in ways that affect how they understand and approach international law, including with respect to contemporary controversies like Crimea and the South China Sea. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the “international”—a point which holds true for Western actors, materials, and approaches in general, and Anglo-American ones in particular. But these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages international lawyers to see the world through others’ eyes—an approach that is pressing in a world of rising nationalism.

Contributory Fault under International Law: A Gateway for Human Rights in ISDS?

2020 ◽  
Author(s):  
Farouk El-Hosseny ◽  
Patrick Devine
Keyword(s):  
Human Rights ◽  
International Law ◽  
Multinational Enterprises ◽  
Indigenous Rights ◽  
Business And Human Rights ◽  
Investment Treaty ◽  
Recent Developments ◽  
The Government ◽  
Bear Creek ◽  
Shed Light

Abstract The intersection between foreign investment and human rights is gaining attention, as is evident from an increasing number of investment treaty awards analysing legal issues relating to human rights. In the recent International Centre for the Settlement of Investment Disputes (ICSID) arbitration of Bear Creek v Peru, Philippe Sands QC posited, in a dissenting opinion, that the investor’s contribution to events—ie protests against its allegedly adverse environmental impact and disregard of indigenous rights, namely resulting from its ‘inability to obtain a “social licence”’—which led to the unlawful expropriation of its investment, was ‘significant and material’. He further noted that the investor’s ‘responsibilities are no less than those of the government’ and found that damages should thus be reduced. Last year, the Netherlands adopted a new model bilateral investment treaty (BIT), which allows tribunals to ‘take into account non-compliance by the investor with the UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises’ when assessing damages. These recent developments shed light on how states and tribunals, as part of their decision-making process, can take into account human rights in practice, and crucially in respect of damages analyses. By first dissecting the concept of contributory fault, then shedding light on the intersection of investment treaty law and human rights, as elucidated in recent jurisprudence, this article questions whether there now exists a gateway for human rights obligations (soft or hard) in the investment treaty arbitration realm through the concept of contributory fault.

Alberto Blest Gana: Four Chronicles and a Novel

2021 ◽  
Vol 5 (1) ◽  
pp. 123-135
Author(s):  
Laura Janina Hosiasson
Keyword(s):  
Utopian Fiction ◽  
Alberto Blest Gana ◽  
Close Relationship ◽  
The Face ◽  
The Government ◽  
The Relationship ◽  
Shed Light

Abstract Four chronicles written by Alberto Blest Gana between April and May 1862 in the newspaper La voz de Chile, months before the publication of his novel Mariluán, shed light on the close relationship between his production as chronicler and writer. Among the various faits divers discussed in the columns, the issue of a Mapuche delegation’s arrival in Santiago to hold a parlamento with the government about border disputes arises. The oscillating attitude of the chronicler in the face of otherness and his prejudiced comments, which are at the same time full of doubts and perplexities, serve as an incentive for his composing a utopian fiction. This article aims to examine the connections in the relationship between Blest Gana chronicler and novelist to expand the reading possibilities of Mariluán.

scholarly journals The Legality of Closure on Land and Safe Passage Between the Gaza Strip and the West Bank

2020 ◽  
pp. 1-39
Author(s):  
Marco LONGOBARDO
Keyword(s):  
West Bank ◽  
Gaza Strip ◽  
Local Population ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
The West ◽  
Occupied Territory ◽  
The Gaza Strip

Abstract This paper explores the legality of the land closure imposed upon the Gaza Strip by Israel. After having considered the area under occupation, the paper argues that the legality of the closure must be determined under international humanitarian law, international human rights law, the principle of self-determination of peoples, and the Israeli-Palestinian agreements. In the light of these rules, the arbitrary closure of the Gaza Strip should be considered illegal because it breaches the unity between the Gaza Strip and the West Bank, and because it violates the freedom of movement of the local population. Moreover, the closure breaches the relevant rules pertaining to the transit of goods in occupied territory. The paper concludes that most of the violations caused by the closure affect peremptory rules which produce obligations erga omnes, so that any state in the international community is entitled to react under the law of state responsibility.

I

1986 ◽  
Vol 80 (4) ◽  
pp. 896-901 ◽  
Author(s):  
Manfred Lachs
Keyword(s):  
International Law ◽  
The United States ◽  
Second World War ◽  
World War ◽  
International Court Of Justice ◽  
International Court ◽  
History Of ◽  
American Society ◽  
Second World ◽  
Shed Light

To write of Philip Jessup means to survey the history of the teaching of international law in the United States throughout the last half century; to cover all important events concerning the birth of international organizations on the morrow of the Second World War; to visit the halls of the General Assembly and the Security Council; to attend meetings of the American Society of International Law and the Institute of International Law, where he so frequently took the floor to shed light on their debates; to attend sittings of the International Court of Justice in the years 1960-1969. I could hardly undertake this task; there are others much more qualified to do so. What I wish to do is to recall him as a great jurist I knew and a delightful human being; in short, a judge and a great friend whom I learned to admire.

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