scholarly journals Reconsidering the Palestine Issue in the Shade of Israel’s Expanding Sovereignty Claim

2019 ◽  
Vol 8 (2) ◽  
Author(s):  
M. Hüseyin Mercan

The Palestine question is among the most important and longstanding conflicts in the world. A lasting solution could not be found and problems have multiplied after the foundation of the State of Israel in 1948, mainly because the sovereignty of the Palestinian people has been disregarded. Though the conflict includes complex issues such as the legal status of Jerusalem, the refugees’ right to return to their ancestral lands and the rapid increase in Jewish settlements; the root of the problem is the lack of an equal sovereign rights approach for both sides. The Palestine issue has been rendered more and more tragic over the years as Israel does not permit the Palestine Authority to exercise its sovereign rights in its own lands and the international community refrains from imposing sanctions on Israel despite its continuous violations of international law and UN (United Nations) resolutions. Especially as a result of Israel’s recent policies towards expanding its sovereignty claims over the entire Palestinian territory, an even darker period seems to cloud Palestine’s sovereignty in the near future. This study claims that the source of the longstanding Israel-Palestine conflict is the inequality in exercising sovereign rights between the two parties and discusses how Israel’s expansionist activities may shape the Palestine issue in the forthcoming years. Furthermore, the study scrutinizes how the “Jewish Nation State Basic Law” – that was recently approved by the Israeli parliament – will sabotage the ongoing search for peaceful solutions and it may destroy all hopes for establishing a lasting peace between the two peoples in the foreseeable future. 

AUC IURIDICA ◽  
2021 ◽  
Vol 67 (3) ◽  
pp. 129-152
Author(s):  
Veronika d'Evereux

The New Israeli Basic Law that was adopted in 2018 called “Israel – the Nation State of the Jewish People” divided the Israeli society. Part of the inhabitants accepted this law with enthusiasm because of its emphasis on the reasons why the State of Israel was established. On the contrary, the more secular part of Israeli society, as well as the minority citizens, strongly objected to this law and described it as an unjust disregard of the non-Jewish citizens, an act of racial discrimination or even an apartheid. The aim of this paper is mainly to examine selected provisions of this law, i.e., the provisions related to the Israeli citizens, under public international law and find out to what extent these legal provisions are in accordance with or in contrary to international law.


2020 ◽  
Vol 114 (4) ◽  
pp. 657-665
Author(s):  
Daniel D. Bradlow ◽  
Stephen Kim Park

AbstractThe COVID-19 pandemic highlights the importance of the Federal Reserve as a leading actor in global economic governance. As a creature of U.S. domestic law with an international presence and operational independence, the Fed wields authority without a well-defined international legal status, international legal standards to guide its conduct, or accountability to those around the world affected by its decisions. This Essay explores three conceptual approaches that could be used to develop norms, standards, and principles to address this gap.


2020 ◽  
pp. 7-14
Author(s):  
N.V. Lobko

History of World War I that due to its global consequences started a new stage of development of European civilization still draws attention of many researchers. One of the most interesting topics for researchers is the topic of war imprisonment during the World War I. Stay of prisoners of war in the territory of Ukraine is a scantily studied issue. The objects of this study are prisoners of war who were in Lebedyn district of Kharkiv province during the World War I (1914–1918). The subject of the research is the legal status of prisoners of war, the protection of their rights and the observance of their duties. The author analyzed norms of international law and Russian legislation for regulation conditions of war imprisonment during the period of war. Using materials of Lebedyn District of Kharkiv Province, being deposited in the archives of Sumy Region, the author examines the legal status of prisoners of war, the protection of their rights and the observance of their duties. The position of prisoners of war during the World War I on Ukrainian lands as part of the Russian Empire was determined by the norms of international law and Russian legislation for regulation conditions of war imprisonment during the period of war. Using the archival sources kept in funds of the State Archives of Sumy Region, it was found that the rights of prisoners of war were generally ensured on the territory of the Lebedyn District of Kharkiv Province. However, there were not a few cases when Austrian and German prisoners suffered from hunger, domestic inconvenience and abuse by employers. There were also repeated violations of their duties by prisoners of war. The most common violations were refusal to work, leaving the workplace.


Author(s):  
Mariam Saidona Tagoranao ◽  
Alizaman D. Gamon

Religious rights for minorities are not merely a privilege policy but an important commitment that should be acknowledged by any organization, state or nation. The contemporary legal systems of the world recognize religious rights particularly in today’s multicultural societies. This system has been acknowledged by the international law of human rights and the United Nations Conventions. Religious faith and religious practices are inherently protected by the Constitution of the Republic of Philippines. International law of human rights becomes the basis for a non-Muslim government to provide commitments in promoting spiritual and conventional infrastructures for Muslim minorities. The main objective of this paper is to discuss the national laws that can accommodate Muslim religious rights based on how Islam defines it, in order to achieve a lasting peace in the Philippines. The paper recommends that the universal principle of peace must be contained in the legal reform of every sovereign nation. In addition, religious obligations and liberties must be fairly treated and regarded as a national agenda towards promoting peace and justice.  Keywords: Religious rights, Muslim minorities, Philippine Constitution, Peace and Justice. Abstrak Hak keagamaan untuk golongan minoriti bukan sekedar dasar keistimewaan semata, tetapi merupakan suatu komitmen penting yang harus diakui oleh mana-mana organisasi, negara atau bangsa. Sistem undang-undang kontemporari di dunia mengiktiraf hak beragama, khususnya dalam masyarakat pelbagai budaya hari ini. Ia telah diakui oleh undang-undang hak asasi manusia antarabangsa dan Konvensyen Pertubuhan Bangsa-Bangsa Bersatu. Kepercayaan dan amalan keagamaan pada dasarnya dilindungi oleh perlembagaan negara. Undang-undang ini menjadi asas bagi sebuah kerajaan bukan Islam untuk memberikan komitmen dan keprihatinan dalam mempromosikan infrastruktur rohani dan konvensional bagi golongan minoriti Muslim. Objektif utama kajian ini adalah untuk mengetahui sejauh mana undang-undang negara boleh menampung hak agama Islam berdasarkan bagaimana Islam mentakrifkannya, untuk mencapai keamanan yang kekal di Filipina. Keadaan menjadi amat malang apabila makna sebenar perdamaian akhirnya terhakis akibat penyelewengan yang lazimnya berlaku dalam sistem dan amalan perundangan. Walau bagaimanapun disyorkan, bahawa prinsip sejagat kedamaian mesti terkandung dalam reformasi undang-undang bagi setiap negara berdaulat. Di samping itu, kewajipan dan kebebasan beragama mesti dilayan dengan adil dan dianggap sebagai agenda nasional untuk mempromosikan keamanan dan keadilan. Kata Kunci: Hak keagamaan, minoriti Islam, Perlembagaan Filipina, Keamanan dan Keadilan.


2021 ◽  
Vol 13 (4) ◽  
pp. 16-36
Author(s):  
Nikolay F. Bugay ◽  
◽  
Tatiana S. Bushueva ◽  

The date of the 100th anniversary of the formation of the USSR makes it possible to refer to such a comprehensive publication of documents as "Top Secret": Lubyanka to Stalin on the situation in the country (1922 1934). In In 10 volumes. M., 2001 2017), belonging to the United State Political Administration (OGPU). The legal status of this structure was enshrined in Articles 61 63 of the Constitution of the USSR, adopted in January 1924. Supervision over the observance of the rule of law and the activities of the OGPU was entrusted to the Prosecutor of the Supreme Court. In 2019, at a meeting of the Russian Academy of Sciences, dedicated to "Fundamental problems of the development of modern Russian society," Academician A. Smirnov, referring to the topic of self-awareness, posed the question to the assembled participants: "Why does Russia exist on the world map?" What makes us "us", i.e. a community, and not just a collection of individuals?" And then he stated: "There is a reshaping of the cultural and civilizational map of the world." On the eve of the 100th anniversary of the formation of the largest civilizational state phenomenon the USSR, taking into account the formed rich source base, an appeal to the topic has a deep historical meaning. Moreover, an event on a planetary scale helps to clarify the current problems of the "actual past". Any event associated with the creation of a state, including the USSR in 1922, retains a certain secret, arouses a keen interest in its origins, the first steps in the political, economic and cultural spheres of the state. New state education - new social technologies, joining the efforts of the multinational community in the conditions of the just ended Civil War (1922). At its core, this is a truly unique phenomenon. Undoubtedly, a significant event in the life of the formed state was the adoption of the "Declaration on the formation of the USSR" (1922), which outlined the essence of the national state policy, its true goals. The Second Congress of Soviets of the USSR in January 1924 adopted the basic Law of the USSR the Constitution of the USSR, which set out the principles of arranging the new state education, its multivariate nature. The adoption of the Constitution marked the beginning of the path of recognition of the USSR.


Author(s):  
A A Uraniyan

This article examines the role of Russia in the international anti-terrorism cooperation. The author analyzes Russian anti-terrorist activities since the war in Chechnya in 1990s till nowadays. The article notes that the state performs regularly with useful profile initiatives on the world arena and operates within the framework of the international law in the decision making process and during the operations. Particular attention is paid to the events that occurred in 2015, when Russia began a struggle against terrorism in Syria, becoming the only state that carries out anti-terrorist actions according to the official handling of the legitimate president of Syria: the author evaluates the data of events and makes forecast on the development of the situation in the foreseeable future.


Author(s):  
Nan Goodman

The Puritans’ cosmopolitan thought in late seventeenth-century New England had its source in the cosmopolitanism of a law of nations that was as much about the world as a whole as it was about the nation-state it later came to epitomize. With the nation-state not yet a consolidated entity, the seventeenth-century law of nations was far more open-ended than the international law to which it gave rise more than a century later. In the absence of a fixed idea of sovereignty, the law of nations was able to articulate multiple historical possibilities for social, political, and legal communities, one of which—the cosmopolitan—is fundamental. The cosmopolis emerges as a central part of the intellectual project of the law of nations put forth by the Protestant thinkers Alberico Gentili, Hugo Grotius, and John Selden, with the main features of the law recast as the building blocks of the cosmopolis.


1967 ◽  
Vol 61 (2) ◽  
pp. 477-495 ◽  
Author(s):  
Richard A. Falk

International law is both a contemplative academic subject and an active ingredient of diplomatic process in world affairs. The failure to maintain the clarity of this distinction accounts for considerable confusion about the nature and function of international law in the world today. An international lawyer is also a citizen of a nation-state who often holds strong views as to preferred courses of foreign policy. One way for him to vindicate these views is to demonstrate their compatibility or incompatibility with governing rules of international law. Confusion arises in scholarly settings whenever the adversary presentation of views is not distinguished from the scholarly assessment of opposing lines of adversary presentation.


2021 ◽  
Vol 13 (4) ◽  
pp. 16-36
Author(s):  
Nikolay F. Bugay ◽  
◽  
Tatiana S. Bushueva ◽  

The date of the 100th anniversary of the formation of the USSR makes it possible to refer to such a comprehensive publication of documents as "Top Secret": Lubyanka to Stalin on the situation in the country (1922 1934). In In 10 volumes. M., 2001 2017), belonging to the United State Political Administration (OGPU). The legal status of this structure was enshrined in Articles 61 63 of the Constitution of the USSR, adopted in January 1924. Supervision over the observance of the rule of law and the activities of the OGPU was entrusted to the Prosecutor of the Supreme Court. In 2019, at a meeting of the Russian Academy of Sciences, dedicated to "Fundamental problems of the development of modern Russian society," Academician A. Smirnov, referring to the topic of self-awareness, posed the question to the assembled participants: "Why does Russia exist on the world map?" What makes us "us", i.e. a community, and not just a collection of individuals?" And then he stated: "There is a reshaping of the cultural and civilizational map of the world." On the eve of the 100th anniversary of the formation of the largest civilizational state phenomenon the USSR, taking into account the formed rich source base, an appeal to the topic has a deep historical meaning. Moreover, an event on a planetary scale helps to clarify the current problems of the "actual past". Any event associated with the creation of a state, including the USSR in 1922, retains a certain secret, arouses a keen interest in its origins, the first steps in the political, economic and cultural spheres of the state. New state education new social technologies, joining the efforts of the multinational community in the conditions of the just ended Civil War (1922). At its core, this is a truly unique phenomenon. Undoubtedly, a significant event in the life of the formed state was the adoption of the "Declaration on the formation of the USSR" (1922), which outlined the essence of the national state policy, its true goals. The Second Congress of Soviets of the USSR in January 1924 adopted the basic Law of the USSR the Constitution of the USSR, which set out the principles of arranging the new state education, its multivariate na-ture. The adoption of the Constitution marked the beginning of the path of recognition of the USSR.


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