scholarly journals SOFT LAW AND SOVEREIGNTY – FROM A POLITICAL TO A LEGAL LIMITATION

2021 ◽  
Vol 37 (3-4) ◽  
pp. 101-114
Author(s):  
Dragutin Avramović
Keyword(s):  
International Law ◽  
18Th Century ◽  
The Other ◽  
Soft Law ◽  
Critical Approach ◽  
Original Meaning ◽  
Other Hand ◽  
New Challenges ◽  
Constitutional Pluralism

Firstly, the author analyses the theory of sovereignty from the point of its birth and then he considers more recent theoretical challenges facing the notion of sovereignty in a globalised world. Particular attention is paid to soft law – that new, formally non-binding source of international law in the light of its factual influence on the desovereignisation of states. The author holds the position that the relativisation of the notion of sovereignty has been a process that began already in the 18th century and that has only additionally accelerated with new challenges posed by globalisation. The author argues for the only possible and proper use of the notion of sovereignty in its original meaning as an absolute, completely unlimited, and indivisible power. On the other hand, he takes a critical approach not only to the theory of constitutional pluralism but also to the ideas of the state’s legal sovereignty. He pleads for rejection of separating different aspects of sovereignty, artificially distinguishing between the factual and legal sovereignty, as well as the external and internal sovereignty. While theoretically possible, it is of no practical use because the notion of sovereignty can only be correctly understood as a political and legal illimitability. For all other various modalities and attempts at relativising and grading sovereignty, from the 18th century to this day, different terms should be coined. Being mindful of the situation in most of the present-day states, the author advocates the introduction of the term "pseudo-sovereignty".

The Legality of Suicide Tourism

2019 ◽  
pp. 65-88
Author(s):  
Daniel Sperling
Keyword(s):  
International Law ◽  
Assisted Suicide ◽  
Home Country ◽  
The Other ◽  
Soft Law ◽  
Other Hand ◽  
Extraterritorial Jurisdiction ◽  
The One ◽  
Law Regulation

This chapter examines the alternatives that countries of origin and countries where assisted suicide is legal may exercise with regard to suicide tourism. Specifically, it considers whether actions to limit or prohibit travel for assisted suicide or access to it within a person’s home country can be legally valid. On the one hand, legally restricting access to assisted suicide to residents only or to patients who have had a long-standing relationship with prescribing doctors suffers from much criticism and is difficult to justify. On the other hand, from the perspective of countries of origin, it is difficult and inappropriate to apply the doctrine of extraterritorial jurisdiction to the criminality of assisted suicide. The chapter also considers the strength of other suggestions in relation to international law, particularly the idea of ‘soft law’ regulation of the practice.

Grotian Moments and Peremptory Norms of General International Law: Friendly Facilitators or Fatal Foes?

Grotiana ◽  
2021 ◽  
Vol 42 (2) ◽  
pp. 335-353
Author(s):  
Dire Tladi
Keyword(s):  
International Law ◽  
The Other ◽  
High Threshold ◽  
Other Hand ◽  
State Practice ◽  
The One ◽  
Jus Cogens ◽  
The Right ◽  
Peremptory Norms ◽  
Law Making

Abstract The concept of a Grotian moment remains rather obscure in international law. On the one hand, it can refer simply to an empirical fact which galvanises the ordinary law-making processes, whether treaty-making or State practice, resulting in major shifts in international law. On the other hand, a Grotian moment might be seen as an event so significant that it results in an extraordinary shift in international law without full adherence to the processes for law-making. The former understanding has little legal significance, while the latter, which would be legally significant, would be controversial and without legal basis. Against this background the article discusses the intersections between peremptory norms and Grotian Moments. It does this by looking at the intersection between the two concepts as well as the intersection between Grotian Moments, on the one hand and, on the other hand, particular jus cogens norms. With respect to the former, for example, the article will consider whether the high threshold of peremptory status facilitates and hinders Grotian moments. With respect to the latter, the article will consider particular norms that have been said to have shifted on account of the Grotian moments, namely the right to use of force in self-defence as well humanitarian intervention.

Treatment of frostbite in an open way (without dressings)

1937 ◽  
Vol 33 (1) ◽  
pp. 84-86
Author(s):  
V. A. Petrovykh
Keyword(s):  
Recovery Period ◽  
Climatic Conditions ◽  
The Other ◽  
Critical Approach ◽  
Tatar Strait ◽  
Other Hand ◽  
Number Of Patients ◽  
The One ◽  
Apparent Similarity ◽  
Methods Of Treatment

The harsh climatic conditions of the coast of the Tatar Strait make explainable the large number of patients with frostbite who passed under our supervision during the winter of 1935-36 and amounted to 2.8% (26 people) of the total contingent of inpatients. The variety of recommended methods for treating frostbite, on the one hand, and the relatively long recovery period for all of them, on the other hand, made us take a critical approach to the proposed methods of treatment. All currently existing methods are reduced to the treatment of frostbite areas with bandages; and on the locus morbi apply indifferent or slightly disinfecting ointments, or a similar property of a powder, or wipes moistened with slightly disinfecting solutions, for example, Sol. kalii hyperm. 1: 1000. The apparent similarity of the external manifestations of frostbite and burns inspired us with the idea of ​​conducting frostbite therapy in an "open way", which has long occupied a well-deserved place in the treatment of burns.

scholarly journals Translating The Disaster of Mourice Blanchot Between Ann Smock and Azzedine Chentouf

2021 ◽  
Vol 1 (1) ◽  
pp. 15-20
Author(s):  
Soufiane Laachiri
Keyword(s):  
Present Article ◽  
English Translation ◽  
The Other ◽  
Source Text ◽  
Arabic Translation ◽  
Literal Translation ◽  
Original Meaning ◽  
Other Hand

The present article attempts to present a succinct and circumspect comparison between two different translations for Mourice Blanchot’s book « L’écriture du désastre ».The first translation was performed by Ann Smock in 1995 and was from French into English, while the other translation was skillfully produced by Azzedine Chentouf from French into Arabic in 2018. The contrast in attitudes and translational fertilization has provided us with ample opportunities to study, reflect on, and rethink the nexus of  Blanchot’s philosophy from different linguistic perspectives. However, in our attempt to formulate our judgments on the English and Arabic versions of the book, we can judge by an escapable logic and with analytical evidence that the English translation entitled « The writing of the disaster » has intensified the hold of a literal translation that makes the chances of being close to the original meaning of the source text depressingly small. Chentouf’s translation, on the other hand, remains profoundly meaningful; it is capable of going down into the marrow of  Blanchot’s thought to assert understanding of his intellectual complexities. In brief, despite the triviality of the advanced examples, we are certain that Azzedine Chentouf, through his Arabic translation, knows the hard philosophical portrait of Mourice Blanchot in its inclusiveness. Therefore, it is no surprise that every choice he makes in this translation explains his tremendous efforts as a philosopher first before being ranked as a translator.

scholarly journals Representation of an Unrecognized State under International Law – Example of the Republic of Artsakh

2020 ◽  
Vol 8 (1) ◽  
pp. 45-63
Author(s):  
Stefania Kolarz
Keyword(s):  
International Law ◽  
International Community ◽  
The Other ◽  
Legal Representative ◽  
The Core ◽  
Other Hand ◽  
The Republic

Since the late 80s, the Armenian inhabitants of Nagorno-Karabakh, a region situated within the internationally recognised borders of the Republic of Azerbaijan, have been struggling for creating their own state – the Republic of Artsakh. The fact that this self-proclaimed entity was not recognised by any of the international actors has not prevented it from constantly committing to intervene on the international plane, separately from Yerevan and Baku. For instance, it is the co-signatory of the Bishkek Protocol. On the other hand, it was refused participation in the core undertaking of the international community designed to settle the dispute – the OSCE Minsk process. The aforementioned situation raises the question as to who shall act as a legal representative of this quasi-state on the international plane? Azerbaijan, as the official centre of authority within the region, Armenia, or rather the separatist government of Nagorno-Karabakh?

scholarly journals Struktura znaczeniowa słownictwa anatomicznego w Nowym dykcjonarzu M.A. Troca

2020 ◽  
pp. 119-133
Author(s):  
Beata Kuryłowicz ◽  
Keyword(s):  
Semantic Analysis ◽  
18Th Century ◽  
The Other ◽  
Medical Terminology ◽  
Uniform Size ◽  
Semantic Relationships ◽  
Anatomical Terminology ◽  
Other Hand ◽  
Lexical Field

This article is an attempt to perform a semantic analysis of anatomical vocabulary collected by Michał Abraham Troc in Nowy dykcjonarz, published in Lipsk in 1764. The aim of individual analyses based on the lexical field theory is to demonstrate the meaning of lexemes, to determine their place within a field, as well as to disclose semantic relationships: synonymy, polysemy and hyponymy. The semantic analysis presented in this article clearly demonstrates abundance and differentiation of 18th century anatomical vocabulary, as well as prevalence of native over borrowed words. Among 250 names, only eleven units are borrowings from foreign languages: seven Latin and four German ones. This provides evidence there is a fundamental role of native lexis, especially colloquial vocabulary, in the formation of Polish anatomical terminology, and, more extensively, also medical terminology, in the first phase of its development which continued until the end of the 18th century. Of note is also the non-uniform arrangement of lexemes in individual fields and asymmetry in their number. Selected lexical fields are characterised by non-uniform size, different level of semantic stratification and differentiated degree of generality of words they contain. On the other hand, semantic relations observed in the analysed anatomical vocabulary, especially synonymy and polysemy, confirm there is a differentiation of anatomical lexis, on the other hand, they indicate lack of precision in expressing content by the discussed lexical units.

International Law Obligations Arising in relation to Nationally Determined Contributions

2018 ◽  
Vol 7 (2) ◽  
pp. 251-275 ◽  
Author(s):  
Benoit Mayer
Keyword(s):  
Climate Change ◽  
International Law ◽  
Paris Agreement ◽  
The Other ◽  
Other Hand ◽  
Legal Obligations ◽  
Nationally Determined Contributions ◽  
The One

AbstractThis article analyzes the international law obligations that arise in relation to nationally determined contributions (NDCs). It argues that distinct and concurrent obligations arise from two separate sources. On the one hand, treaty obligations arise under the Paris Agreement, which imposes an obligation of conduct on parties: they must take adequate measures towards the realization of the mitigation targets contained in their NDCs. On the other hand, communications such as NDCs may constitute unilateral declarations that also create legal obligations. These unilateral declarations impose obligations of various types, which may extend beyond mitigation. For example, they may specify measures of implementation or demand the achievement of a particular result. The potential ‘double-bindingness’ of NDCs should be a central consideration in the interpretation of international law obligations regarding climate change.

The Effects of Industry 4.0 on Labor Force Attributes and New Challenges

2020 ◽  
pp. 431-454
Author(s):  
Mehmet Saim Aşçı
Keyword(s):  
Artificial Intelligence ◽  
Labor Force ◽  
Industry 4.0 ◽  
The Other ◽  
Advanced Technology ◽  
Significant Problem ◽  
Production Processes ◽  
Other Hand ◽  
New Challenges

Unmanned factories became a topic of discussion after the concept of Industry 4.0 was first introduced in the Hannover Fair in 2001, and increasing the computerization level in business life and supporting the production processes with advanced technology were determined as targets. In this regard, artificial intelligence and increased automation are expected to create new kinds of jobs in the coming years; however, a significant problem is predicted considering that these changes will invalidate a high number of job types exist today. Thus, the workforce will face a severe unemployment threat. As a result of all of this, radical changes in the work methods, along with means of seeking employment, are now considered. The qualities of the work and the workforce are being transformed along with the organization methods of the production. While on the other hand, it becomes evident that education also has to adapt to this transformation. In this study, the issues the labor might have to face during this period will be discussed, along with what could be done to solve these problems.

Part 1 Refugees, 2 Refugees Defined and Described

2021 ◽  
Author(s):  
Goodwin-Gill Guy S ◽  
McAdam Jane ◽  
Dunlop Emma
Keyword(s):  
International Law ◽  
International Community ◽  
The Other ◽  
Refugee Status ◽  
Other Hand ◽  
Local Protection ◽  
Ordinary Usage ◽  
The One ◽  
Prompt Response

This chapter defines and describes refugees. The term ‘refugee’ is a term of art, that is, a term with a content verifiable according to principles of general international law. In ordinary usage, it has a broader, looser meaning, signifying someone in flight, who seeks to escape conditions or personal circumstances found to be intolerable. For the purposes of international law, States have further limited the concept of the refugee. Defining refugees may appear an unworthy exercise in legalism and semantics, obstructing a prompt response to the needs of people in distress. On the one hand, States have nevertheless insisted on fairly restrictive criteria for identifying those who benefit from refugee status and asylum or local protection. On the other hand, the definition or description may facilitate and justify aid and protection, while satisfying the relevant criteria ought in practice to indicate entitlement to the pertinent rights or benefits. In determining the content in international law of the class of refugees, therefore, the traditional sources—treaties and the practice of States—must be examined, also taking into account the normative impact of the practice and procedures of the various bodies established by the international community to deal with the problems of refugees.

14 Treaty Entry into Force, Exceptions, Modifications, and Terminations

2021 ◽  
Author(s):  
Salacuse Jeswald W
Keyword(s):  
Internal Pressure ◽  
International Law ◽  
The Other ◽  
Foreign Investors ◽  
Labour Unions ◽  
Pressure Groups ◽  
Civic Organizations ◽  
Other Hand ◽  
Investment Treaties

This chapter discusses the entry into force, exceptions, modifications, and terminations of investment treaties. While enunciating rules of international law governing foreign investors and investments, investment treaties at the same time incorporate various devices to regulate and limit the applicability of those rules and thereby allow contracting states to mediate tensions between demands of treaty partners and of internal pressure groups, such as labour unions, local manufacturers and merchants, and civic organizations. Such devices include treaty provisions on four matters: the entry into force of the treaty; treaty exceptions; treaty modifications; and treaty terminations. States employ the first two as part of the treaty negotiating process. On the other hand, states usually employ the latter two devices as a result of their unsatisfactory experience with a treaty that has entered into force.

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