scholarly journals Rein Müllerson in the international law: retrospectives and prospects

2021 ◽  
pp. 49-60
Author(s):  
Yury Bezborodov
Keyword(s):  
International Relations ◽  
International Law ◽  
New World ◽  
Comparative Method ◽  
Historical Analysis ◽  
Theory And Practice ◽  
Future Generations ◽  
Practical Implementation ◽  
Legal Norms ◽  
Legal Expert

This article is dedicated to reconsideration of the ideas of the prominent Soviet, Russian, Estonian and international legal expert Rein Müllerson, which he introduced to the theory and practice of international law. The relevance of this research is substantiated by the contribution made by Professor Rein Müllerson to the Soviet system, as well as the contribution he continues to make to the modern domestic, foreign, and universal doctrine of international law. In 201, the author of multiple articles and monographs that are published in different languages and countries, Professor Rein Müllerson released his summarizing work – the autobiography “Living In Interesting Times: Curse or Chance?”, which in reality is not an autobiography. This monograph, which determines the topic of this research, is dedicated to the most relevant issues of international law and international relations, which underlie the scientific reflections in the latest published work of Professor Müllerson. The goal of this article lies in the analysis of manifestation of subjective realism and new philosophy of modern international law declared in the 2021 monograph. Using such instruments of the modern researcher of international relations as liberalism and democratization, globalization and regionalization, correlating the theory built in the Soviet scientific paradigm with the practice tested in the UN structures, he brought the international law to a higher level of comprehension, as a complex system of regulators of multinational behavior. The neutral and non-politicized views of Professor Müllerso answers on the majority of modern international problems, along with his vast experience in practical implementation of legal norms, should be duly appreciated by present and future generations of researchers interested in building a new world – free from warfare and confrontations. The article employs historical analysis, comparative method, methods of legal research and interpretation.

scholarly journals Rein Müllerson in the international law: retrospectives and prospects

Litera ◽  
2021 ◽  
pp. 1-10
Author(s):  
Irina Viktorovna Zinov'eva
Keyword(s):  
Complex System ◽  
International Relations ◽  
International Law ◽  
New World ◽  
Theory And Practice ◽  
Future Generations ◽  
Practical Implementation ◽  
Soviet System ◽  
Legal Norms ◽  
Legal Expert

This article is dedicated to reconsideration of the ideas of the prominent Soviet, Russian, Estonian and international legal expert Rein Müllerson, which he introduced to the theory and practice of international law. The relevance of this research is substantiated by the contribution made by Professor Rein Müllerson to the Soviet system, as well as the contribution he continues to make to the modern domestic, foreign, and universal doctrine of international law. In 201, the author of multiple articles and monographs that are published in different languages and countries, Professor Rein Müllerson released his summarizing work – the autobiography “Living In Interesting Times: Curse or Chance?”, which in reality is not an autobiography. This monograph, which determines the topic of this research, is dedicated to the most relevant issues of international law and international relations, which underlie the scientific reflections in the latest published work of Professor Müllerson. The goal of this article lies in the analysis of manifestation of subjective realism and new philosophy of modern international law declared in the 2021 monograph. Using such instruments of the modern researcher of international relations as liberalism and democratization, globalization and regionalization, correlating the theory built in the Soviet scientific paradigm with the practice tested in the UN structures, he brought the international law to a higher level of comprehension, as a complex system of regulators of multinational behavior. The neutral and non-politicized views of Professor Müllerso answers on the majority of modern international problems, along with his vast experience in practical implementation of legal norms, should be duly appreciated by present and future generations of researchers interested in building a new world – free from warfare and confrontations.

scholarly journals The Principle of Will Autonomy in the Obligatory Law

2015 ◽  
Vol 5 (1) ◽  
pp. 225
Author(s):  
MA. Shyhrete Kastrati
Keyword(s):  
Electronic Materials ◽  
Comparative Method ◽  
Theory And Practice ◽  
Hard Copy ◽  
Practical Implementation ◽  
Legal Norms ◽  
Modest Contribution ◽  
The Law ◽  
The Republic ◽  
Autonomy Of Will

The principle of autonomy of will is legislated with the Article 2 of the Law no. 04/L–077 on Obligational Relationships1, thereby providing the legal grounds for the regulation of legal relations between parties in obligational relationship.This study aims to provide a contribution to the theory and practice, and also aims at providing a modest contribution to the obligational law doctrine in Kosovo. The purpose of the paper is to explore the gaps and weaknesses in practical implementation of the principle, which represents the main pillar of obligational law. In this paper, combined methods were used, including research and descriptive methods, analysis and synthesis, comparative and normative methods.The exploration method was used throughout the paper, and entails the collection of hard-copy and electronic materials. The descriptive method implies a description of concepts, important thoughts of legal science, and in this case, on the principle of autonomy of will, thereby using literature of various authors. The analytical and synthetic methodology is aimed at achieving the study objectives, the recognition of the principle of autonomy of will, practical implementation thereof, and conclusions.The comparative method was applied in comparing the implementation of the principle in the Law on Obligational Relationships of Kosovo and the Law on Obligational Relationships of the former Socialist Federal Republic of Kosovo, and the Civil Code of the Republic of Albania. The normative method was necessary, since the topic of the study is about legal norms.

scholarly journals Concept of International Legal Policy in Foreign Comparative Legal Studies

2020 ◽  
pp. 27-43
Author(s):  
O. S. Magomedova
Keyword(s):  
International Relations ◽  
International Law ◽  
Comparative Studies ◽  
Foreign Relations ◽  
Comparative Research ◽  
Comparative Method ◽  
Research Work ◽  
Legal Policy ◽  
Legal Norms ◽  
Legal Studies

INTRODUCTION. International legal policy is a new object in international legal studies, although this phenomenon exists as long as the external relations of States. International legal policy is a rare case of research subject, which remains unexplored. International legal policy as a Concept of State's policy towards legal aspects of international relations was formed in the 80-s of last century. Earlier the questions and their particular aspects now embraced by international legal policy were divided between international lawyers and international relations researchers. However international legal policy is an integral system of State's approaches to international legal matters, therefore its punctual research is relevant only from comparative point of view. It would be interesting to compare States' positions on concrete issues or States' tactics at different stages of realization of international legal norms. This article concerns the question whether comparative studies of international legal policy can be integrated into existing fields of comparative foreign relations law or of comparative research of international law.MATERIALS AND METHODS. The article surveys theoretic questions primarily on the base of doctrinal sources. The retrospective analysis of the comparative method in international law is based on works published by Russian and foreign experts during the XX century. Particular attention is drawn upon works of founders of comparative research in international legal studies. The concept of foreign relations law in the scholarship and practice of the U.S. is researched on the base of national case law, which formulated the principle of executive exceptionalism in State foreign policy. Research work is realized with the use of analysis, synthesis, systematisation, as well as methods of historical and comparative method.RESEARCH RESULTS. The Article consistently reveals meaning and the content of international legal policy as one of the authors of the concept, French lawyer and diplomat G. de Lacharriere, presented it. The Article examines the history of foreign relations law in the U.S. and presents its doctrinal estimations from viewpoint of American constitutional law. The research work specifies different points of view on content of foreign relations law and approaches to its justification. Indeed international legal policy and foreign relations law can be compared as two types of State’s approach to its legal position on the international scene. There are six parameters for comparison: sources, functions, subjects of both concepts, questions on allocation of foreign powers in the State, on relationship between international and national law, on the role of national courts in interpretation and application of international norms. In consideration of “national interest” concept the attribution of international legal policy to international organisations or supranational association is judged as incorrect. The article examines the question of applicability of comparative method in the international law within the discourse among scholars on how differently modern States evaluate international legal norms. Analysis of the tendency to contrasting States’ approaches to the international law encompasses its development from notions “international law of transitional period”, “international legal systems”, to notions “national approach”, “legal style”, “legal culture”. Brief survey of comparative international law gives perspective on diversity of approaches to comparable aspects of the international law. Comparative studies of international legal policy could get consolidated among them.DISCUSSION AND CONCLUSIONS. At first sight the comparative method is hardly applicable to the international law. However the universality of the international law doesn’t exclude variety of approaches to it. The research into international legal policy determined by national interests of every State allows to systemize positions of a State into a single strategy. At the same time comparative method doesn’t only provide classical comparison of States’ positions by issues, but also offers to compare inner-workings of the international legal policy and shaping factors. Nowadays in the context of trends on diversification of international relations (fragmentation, regionalisation), growing popularity of the comparative method translated into comparative foreign relations law and comparative international law. However international legal policy doesn’t correspond with categorial apparatus of comparative foreign relations law. International legal policy is nor able to apply methodological tenets of comparative international law due to its multivalued content. Most likely comparative studies of international legal policy can become a new approach within comparative international law, which should be based on the principles of concreteness and consistency.

scholarly journals Peculiarities and main characteristics of the legal English language

Litera ◽  
2020 ◽  
pp. 177-182
Author(s):  
Natalia Kurchinskaya-Grasso
Keyword(s):  
International Relations ◽  
International Law ◽  
English Language ◽  
Comparative Method ◽  
Translation Studies ◽  
Entire System ◽  
The European Union ◽  
Linguistic Structure ◽  
Legal Texts ◽  
Descriptive Method

This article examines the peculiarities of the legal English language as the object of translation studies. Currently, English language is dominant in international relations and business, and plays a significant role as legal language within the European Union. Legal English is a global phenomenon. This style of English language is used by the lawyers and other legal experts in their work. In the conditions of globalization of English language, it is necessary to be scrupulous about translation of the legal English in order to avoid inaccuracies in the entire system of international law. Therefore, the goal of this article consists in consideration of the unique characteristics of legal English associated with its origin, terminology, linguistic structure, linguistic peculiarities, and punctuation. The work employs descriptive method, comparative method, and method of applied comparative jurisprudence. The conclusion is made that legal English developed under the influence of languages previously used in the legal system, which is reflected in modern legal terminology and linguistic structure of the legal English language and requires attention in translation. Taking into account the aforementioned peculiarities would be of much help the legal translator in working with legal texts in English language.

scholarly journals Customary International Rules in Contemporary International Law // Međunarodna običajna pravila u savremenom međunarodnom pravu

2019 ◽  
Vol 9 (9) ◽  
pp. 136
Author(s):  
Duško Glodić
Keyword(s):  
International Relations ◽  
International Law ◽  
Legal Framework ◽  
International Community ◽  
Point Of View ◽  
Customary International Law ◽  
Practical Point ◽  
Legal Norms ◽  
State Practice ◽  
The Creation

This article explores the role and importance accorded to customary international law in contemporary international law. First of all, the author has explored a number of issues related to this topic. Particluarly, the manner in which norms of customary international law are being established through the relevant State practice and the formation of opinio juris, as well as how the changes in contemporary international relations generated some chages in custromary international law were examined from both theretical and practical point of view. Than, the article elaborated, in a more concrete manner, different ways of impact of changes in international relations and subjects of international law to the formation of customary international rules. It has also paid attention to the evolution in international law and its reflection to the creation of international legal norms, including customary rules. The article concluded that, despite an ever increasing number of treaties, customary rules are still present in international law and are important for regulation of international relations, thus ensuring that dynamics and developments within the international community are followed by the development of legal framework.

scholarly journals Military Lawyers on the Battlefield: An Empirical Account of International Law Compliance

2010 ◽  
Vol 104 (1) ◽  
pp. 1-28 ◽  
Author(s):  
Laura A. Dickinson
Keyword(s):  
International Relations ◽  
International Law ◽  
Legal Analysis ◽  
Theoretical Level ◽  
Legal Process ◽  
Strategic Action ◽  
State Behavior ◽  
Legal Norms ◽  
Norm Internalization ◽  
Transnational Legal Process

International law scholarship remains locked in a raging debate about the extent to which states do or do not comply with international legal norms. For years, this debate lacked empirical data altogether. International law advocates tended to assume that most nations obey most laws most of the time and proceeded to measure state activity against international norms through conventional legal analysis. In contrast, international relations realists and rational choice theorists have argued that international law is simply an epiphenomenon of other state interests with little independent power at all. Meanwhile, constructivist and transnational legal process approaches have posited that international law seeps into state behavior through psychological and sociological mechanisms of norm internalization and strategic action. But even these studies tend to remain on a theoretical level, without on-the-ground data about which factors might influence compliance in actual day-to-day settings.

scholarly journals Heterogeneity, Compliance and Enforcement of Public International Law Remarks on Sanctions and Countermeasures

Politeja ◽  
2019 ◽  
Vol 16 (6(63)) ◽  
pp. 7-25
Author(s):  
Jerzy Menkes ◽  
Anna Kociołek-Pęksa
Keyword(s):  
Law Enforcement ◽  
International Relations ◽  
International Law ◽  
Feedback Loop ◽  
Main Issue ◽  
Legal Responsibility ◽  
Social Efficiency ◽  
Public International Law ◽  
Legal Norms

This paper discusses issues with law enforcement and compliance in the area of public international law. It presents the conditions affecting the quality of the application of legal norms of public international law. Analysis of the problem is multifactorial. While presenting the law enforcement process, attention is drawn to the question of the standards of execution of international legal norms that run contrary to national law. This phenomenon has been identified as and called by the authors “discovering law (legal norms) through sanctions”. The main issue concerns theoretical and legal philosophical issues: the legal responsibility of states, coercive measures against states, sanctions and countermeasures in public international law and in international relations. The authors critinstitutionalization and heterogenity of public international lawicize the contemporary model of the legal responsibility of states, pointing to a feedback loop between the concept of sanctions and the principle of the sovereigntyof a state. Homogenization and globalization processes overlap only slightly in public international law. Also, institutionalization and constitutionalization have slowed. We argue that the PIL system is threatened by the effects of sui generis rejection of legal norms by a state in relation to certain countries while claiming that these legal norms apply to other countries. The system is also under threat by the effects of strong nationalist tendencies among PMP actors, as well as the international community itself. The conclusion and recommendation of the authors suggest that the lack of analysis of socio-legal publicinternational law is undesirable and harmful to that area of law. We claim that itnegatively affects macro-social efficiency and, above all, the supranational and interstate (intergovernmental) level of effectiveness. It impairs the process of institutionalization of public international law and hinders the process of socialization, sensu largissimo.

scholarly journals Targeted Sanctions: a Tool of Foreign Policy, Unfair Competition or Global Social Engineering?

2019 ◽  
pp. 17-41 ◽  
Author(s):  
L. L. Fituni
Keyword(s):  
International Relations ◽  
Social Constructivism ◽  
Social Engineering ◽  
External Pressure ◽  
Point Of View ◽  
Theory And Practice ◽  
Practical Implementation ◽  
The Impact ◽  
Potential Use ◽  
System Today

Through the recent decades, the use of asymmetric and hybrid measures in international relations has acquired a qualitatively new scale and system. Today such measures have turned into one of the leading forms of external pressure and subsequent coercion, often exceeding the effectiveness of such straightforward instruments as the threat of potential use of force and almost equal to real power actions. Arguably, among those asymmetric and hybrid measures, Western countries assign a key role to the pressure of international sanction upon competitor nations and uncooperative actors on the world arena. The article is devoted to a critical analysis of some common approaches to the study of the problems of «targeted» sanctions in the theory and practice of international relations and the use of sanctions as a means of achieving geostrategic objectives, including such ambitious ones as social constructivism and social engineering on national, regional and global scales. Particular attention is paid to the contribution of Thomas Biersteker to the development of the theory and of practical designs of «targeted sanctions» in international relations. The author disputes with him over some issues related to the effectiveness of targeted sanctions and the impact they produce upon various sectors of the targeted societies. Based on the author’s schematic matrix of sanctional influences upon national elites and possible limits of their responses, the article formulates the principles of segmentation of the national elites both for the purposes of identifying the layers most susceptible to sanctional pressure and singling out most effective and capable strata from the point of view of practical implementation of the indented outcomes of the undertaken pressure from the outside.

scholarly journals Prohibitions in the Social and Legal Regulation: an International Aspect

2019 ◽  
pp. 2230-2240
Author(s):  
Aleksandr V. Mal’ko ◽  
Veronika S. Khizhniak
Keyword(s):  
International Relations ◽  
International Law ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Effective Mechanism ◽  
Basic Principles ◽  
Legal Norms ◽  
Effective Implementation ◽  
The Social ◽  
Legal Mechanism

This work is focused on the problems arising in imposing prohibitions in international relations; the authors identify the main legal and social aspects hindering creation of effective mechanism for implementing prohibitions in international relations and enlist possible ways of eliminating the possible problems. The analysis of the international legal norms of institutionalizing prohibitions and practices of their implementation revealed that an effective implementation of prohibitions is often associated with the need to amend national legislation, as well as with the presence of Russia’s own legal norms that make it possible to apply the norms of international law in the state directly, or to apply them jointly with the norms of the national law. The absence of a universal international instrument governing the responsibility of states for breaching legal prohibitions makes it difficult to implement these prohibitions and comply with them, although states may follow the rules of the “Draft Articles on Responsibility of States for Internationally Wrongful Acts” as a document stating moral (political) prescriptions. The main problems cumbering the development of an effective mechanism for implementation of prohibitions are the following: the absence of agreed international and domestic legal mechanisms for implementation of prohibitions; the reluctance of states to bear responsibilities; the attempts to mitigate the prosecution of citizens, especially officials; and failures to take adequate legal measures for resolving the problem. The authors necessitate adoption of documents that could regulate the issues of international legal responsibility, though in a unipolar world it is very problematic and can even aggravate the situation. The mechanism developed under such conditions can reflect the position of only one state and therefore can result in consolidating an undesirable hierarchy of states in international relations. An effective legal mechanism of responsibility for the violation of prohibitions in international relations can arise only in a multipolar world. It is also necessary to abide the basic principles of international law, to strengthen international cooperation and improve the mechanisms of international legal regulation. These efforts also call forth the establishment of a multipolar world

scholarly journals The “philosophy” of economic diplomacy as an instrument of “soft law”: history and modernity

2021 ◽  
pp. 126-134
Author(s):  
Igor' Olegovich Nadtochii ◽  
Oleg Alekseevich Novikov
Keyword(s):  
International Relations ◽  
International Law ◽  
World Order ◽  
Soft Law ◽  
Legal Norms ◽  
Economic Diplomacy ◽  
Continuous Application ◽  
The Subject ◽  
Global World ◽  
The Impact

The subject of this research is the phenomenon of economic diplomacy as an instrument of “soft law”, which is becoming widespread in the international relations of modern multipolar world. The object of this research is the international relations and the impact of international legal norms upon formation of their peculiarities. Attention is given to the differences between “soft” and “hard” international law, as well as international and “quasi-international” law. The author explores various historical aspects of international relations, within the framework of which are implemented certain legal mechanisms and instruments. Incompletion of evolution of the phenomenon of “soft law” at the present stage is observed. The conclusion is made that the task of “soft law” in international relations lies in the use of the established international legal toolset and correction of the global world order to the benefit of a certain country of group of countries. It is noted that that key criterion that determines “soft law” as a unique instrument of international relations and international law is the nature of the means that without the extensive use of non-legal instruments. At the same time, the authors claim that in a number of cases, the emergence of legal mechanisms is the result of continuous application of “soft law”.

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