scholarly journals Relationship between international law and religion

Globus ◽  
2020 ◽  
Author(s):  
H. Mammadov ◽  
◽  
Zh. Mammadova ◽  
Keyword(s):  
International Relations ◽  
International Law ◽  
Detailed Analysis ◽  
Mutual Influence ◽  
First Century ◽  
Basic Principles ◽  
History Of ◽  
Twenty First Century ◽  
History Of International Law

This article is devoted to the problems of mutual influence and interaction of international law and religion. In particular, it examines the development of international law and the sources of religion. In addition, which areas of international law are most developed under the influence of religious provisions. The history of international law knows various theories under which international law has improved. The article provides a detailed analysis of these theories and views, noting the institutions of international law that arose directly under the influence of religion. For example, it is noted that under the influence of Relia, the UN Charter codifies the basic principles of international law, etc. In addition, it shows the challenges of religion to international law and relations in the era of globalization in the twenty-first century, which led even to the undermining of modern international relations and traditional religious concepts caused by the " return of religion” in international relations; secondly, it presents and discusses the research path of religion and international relations. Finally, a brief analysis of the 2 impact of the global revival of religion and the ”return of religion" in international law and international relations has been carried out

An issue of legal personality of Kyivan Rus’ in Ukraininan law science

2021 ◽  
Author(s):  
Marina Okladnaya ◽  
Vadym Ptytsia
Keyword(s):  
International Relations ◽  
International Law ◽  
General Position ◽  
The State ◽  
Main Body ◽  
Complex Issue ◽  
Legal Personality ◽  
History Of ◽  
History Of International Law ◽  
Problem Setting

Problem setting. Legal personality of Kyivan Rus’ is very complex issue, which contains elements such as contract law, law of war, ambassadorial law, general position of the state in the international relations sphere. The condition of Kyivan Rus’ in medieval history can be determined only after analyzing researches of well-known scientists, who had different opinions on this subject. In spite of the fact that a lot of researches were made on this topic, there is no clear and unambiguous answer to the question: “was Kyivan Rus’ independent and equal subject of international law?” In our opinion, this topic is actual even nowadays, because without an analysis of the issue it is impossible to form a modern understanding of Ukrainian statehood and its features in different periods. Analysis of recent researches and publications. Valuable contribution to the research of Kyivan Rus’ position in international relations sphere were made by lots of scientists in areas of Ukrainian history and history of international law such as O. Zadoroznyi, P. Tolochko, O. Butkevich, A. Dmitriev, Y. Dmitriev, M. Kotlyar, V. Pashuto, D. Feldman, V. Butkevich, I. Shekera, O. Pavlenko etc. Target of research is to analyze and compare opinions of different authors on the issue of determining Kyivan Rus’ as legal entity of international law. To achieve this target these tasks have to be solved: to research and analyze modern scientists’ studies about the position of Kyivan Rus’ in international law sphere in medieval period; to compare scientists’ views on legal personality of the state and come to a certain conclusion on this issue. Article’s main body. In this article author analyzes different periods of Kyivan Rus’ existence, general position of the state in international relations sphere and opinions of different scientists on this subject. Also, the article provides a comparison of scientists’ views on the topic of legal personality of international law of Kyivan Rus’. Conclusions. Kyivan state in different periods of its existence was in various international legal positions. Despite of the fact, that features of international law of Kyivan Rus’ is a topic for controversy, Ukrainian and foreign scientists came to the conclusion that Rus’ was full-fledged subject of international law and after its collapse it revived in the Principality of Galicia-Volhynia, Zaporozhian Sich and the Cossack Hetmanate, Ukrainian People’s Republic, UkSSR (as independent UN member) and modern independent Ukraine.

Stages of the formation of treaty law in the history of international law

2021 ◽  
pp. 90-95
Author(s):  
Marina Okladnaya ◽  
Anastasia Pererodova
Keyword(s):  
International Relations ◽  
International Law ◽  
Main Body ◽  
International Treaties ◽  
International Treaty ◽  
Treaty Law ◽  
History Of ◽  
The Law ◽  
History Of International Law ◽  
Historical Periods

Problem setting. An international treaty is an agreement between two or more subjects of international relations concerning the establishment, modification or termination of mutual rights and obligations. In modern time an international treaty is the universal and primary source of international law and, at the same time, the law of treaties as a branch of international law occupies a central place in this system. The role of the treaty is constantly increasing, so it is important to study how treaty law was formed in order to understand how it has changed over history, and what factors have influenced the formation of the main branch of international law. Analysis of recent researches and publications. The law of international treaties causes increased attention of lawyers to the study, research and analysis of its main aspects. Among the domestic and foreign scholars who have made a significant contribution to the study of the law of treaties can be distinguished such as V. Butkevich, Y. Brownlie, A. Talalaev, O. Merezhko, O. Nazarenko, F. Martens, V. Shurshalov, I. Lukashuk, O. Zadorozhniy and others. Target of research. Study of international treaty at different stages of formation of international law, analysis and comparison of forms, content, functions and significance of the treaty in different historical periods. Article’s main body. The article is devoted to the development and formation of the basic branch of international law – treaty law. It studies the stages of formation of the institute of treaty law during different periods of history, identifies the features of the treaty at each stage of formation. Conclusions and prospects for the development. The agreement is an important and necessary instrument of interaction and communication between people, it establishes ties between peoples and states, helps to resolve conflicts, that is why the signing of treaties is a significant mechanism for the regulation of human relations since ancient times. In this article we have traced how different historical periods influenced the formation of international treaty law, which events were of key importance for the development of international law in general. Throughout the history of international law, the treaty has undergone a number of transformations of its forms, types and procedures of conclusion. The treaty form of consolidation of international relations is the basis of stability and efficiency of the legal order in international law. At the present time, the law of international treaties is a self-sufficient, developed branch and system of international law. It is the key branch of international law with its institutions, low basic principles, and continues to develop rapidly and irreversibly.

1 Introduction

2017 ◽  
Author(s):  
Harrison James
Keyword(s):  
International Law ◽  
Detailed Analysis ◽  
Marine Environment ◽  
First Century ◽  
Judicial Decisions ◽  
Common Concern ◽  
Twenty First Century ◽  
Anthropogenic Threats ◽  
Rules And Standards

Chapter 1 provides an introduction to both the anthropogenic threats facing the marine environment at the beginning of the twenty-first century and the role that international law plays in regulating humankind’s impacts on the oceans. It argues that the protection of the marine environment is a common concern of humankind, requiring the cooperation of all States in adopting appropriate international rules and standards to address the main threats to the marine environment and collective efforts to ensure the enforcement of those norms. The chapter then explains the key sources of international law that are relevant to the regulation of marine activities, highlighting the central role played by treaties, related non-binding instruments, judicial decisions, and general principles of international law. This introduction to the sources of international law provides a basic background to the more detailed analysis of specific treaties and related instruments in the remainder of the book.

Anarchy over Law? Towards a Genealogy of Modern War Justifications (1789–1918)

2021 ◽  
pp. 147-166
Author(s):  
Hendrik Simon
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
International Relations ◽  
International Law ◽  
International Order ◽  
Mirror Image ◽  
History Of ◽  
History Of International Law ◽  
Modern War

Hendrik Simon follows up on Anuschka Tischer’s analysis of European justifications of war. He turns to transformation of this discourse’s vocabulary in the context of the nineteenth century: to this day, most textbooks on the history of international law and international relations contain the proposition that European states held a sovereign right to go to war (liberum ius ad bellum) in the nineteenth-century international order. The latter is still understood as an anarchic mirror image of the modern international order, which (supposedly) emerged in the first half of the twentieth century. This assumption is challenged in this chapter: by outlining a genealogy of modern war justifications, starting with the French Revolutionary Wars, Hendrik Simon seeks to deconstruct liberum ius ad bellum as a myth which emanated from the realist and liberal narratives of the emergence of the modern international order. The fundamental argument is that the ‘long’ nineteenth century is not the anarchic converse of the modern discourse on war and international order—but its epoch of birth.

The Authority of Vattel

1913 ◽  
Vol 7 (3) ◽  
pp. 395-410 ◽  
Author(s):  
Charles G. Fenwick
Keyword(s):  
International Relations ◽  
International Law ◽  
The Political ◽  
Law Of Nations ◽  
The World ◽  
History Of ◽  
The Law ◽  
History Of International Law ◽  
Political Philosopher

There is no more significant commentary on the growth of international law, both in precision and in comprehensiveness, than an estimate of the relative authority of the name of Vattel in the world of international relations a century ago and in that of today. A century ago not even the name of Grotius himself was more potent in its influence upon questions relating to international law than that of Vattel. Vattel's treatise on the law of nations was quoted by judicial tribunals, in speeches before legislative assemblies, and in the decrees and correspondence of executive officials. It was the manual of the student, the reference work of the statesman, and the text from which the political philosopher drew inspiration. Publicists considered it sufficient to cite the authority of Vattel to justify and give conclusiveness and force to statements as to the proper conduct of a state in its international relations.At the present day the name and treatise of Vattel have both passed into the remoter field of the history of international law. It is safe to say that in no modern controversy over the existence and force of an alleged rule of international law would publicists seek to strengthen the position taken by them by quoting the authority of Vattel. As an exposition of the law of nations at a given period of its growth, the work can, it is true, lose nothing of its value, but in saying that it has thus won its place irrevocably among the classics of international law, we are merely repeating that it has lost its value as a treatise on the law of the present day.

Frozen in Film: Alaska Eskimos in the Movies

Films on Ice ◽  
2015 ◽  
Author(s):  
Ann Fienup-Riordan
Keyword(s):  
Climate Change ◽  
Detailed Analysis ◽  
First Century ◽  
Community Activism ◽  
Hollywood Film ◽  
History Of ◽  
Twenty First Century

This chapter examines the history of Alaskan Eskimo representations, primarily in Hollywood, as Fienup-Riordan offers a detailed analysis of the career of Inuit film star Ray Mala, who starred in the the 1933 MGM production Eskimo, directed by W.S. Van Dyke, and the first film shot totally in the Iñupiaq language. The chapter also considers the ways in which Alaskan Eskimos have worked within the Hollywood system in a sporadic manner from the 1930s to the present. Fienup-Riordan  also addresses Ken Kwapis’s Hollywood film Big Miracle (2012) before moving on to examine television (such as KYUK-TV), video, and cinematic self-representations of Yu’pik culture in the twenty first century, including as part of community activism in an age of climate change.

Sources in the Meta-History of International Law

2018 ◽  
Author(s):  
Anthony Carty ◽  
Anna Irene Baka
Keyword(s):  
International Relations ◽  
International Law ◽  
Critical Discussion ◽  
Legal Positivism ◽  
Logical Positivism ◽  
Legal Obligation ◽  
History Of ◽  
History Of International Law ◽  
Unequal Treaties ◽  
Aristotelian Metaphysics

This chapter criticizes the aversion to metaphysics, which essentially governs the whole history of the sources of international law. Ludwig Wittgenstein’s logical positivism and anti-metaphysics had paved the way to legal positivism, which took a new pathological turn with Hans Kelsen’s and Carl Schmitt’s fixation on ideological purity. Moreover, international legal positivism means acquiescence in coercive international relations. And the history of international law is one of continuing coercion, rooted in the racial shadow of liberalism. The chapter thus offers a critical discussion of the theory of legal obligation in Emer de Vattel, the place of imperialism in the history of international law, and the continuing mainstream discussion of unequal treaties. It then revisits the history of international law through the prism of phenomenology, thereby re-introducing the Aristotelian metaphysics of justice to the theory of international law.

scholarly journals Turntablism in the History of International Law

2020 ◽  
Vol 22 (2-3) ◽  
pp. 472-496
Author(s):  
Jean d’Aspremont
Keyword(s):  
International Law ◽  
New Music ◽  
First Century ◽  
Historical Narratives ◽  
Sound Effects ◽  
Historical Turn ◽  
History Of ◽  
History Of International Law ◽  
The Many ◽  
Shed Light

Abstract This article uses the metaphor of turntablism to shed light on the confinement of international lawyers’ engagement with history to the terms, vocabularies, and categories of the very historical narratives they seek to evaluate, disrupt, or displace. For the sake of this article, turntablism is understood here as the art of creating new music and sound effects by using one or several turntables on which a record is placed. This article argues that twenty-first century international lawyers engaging with the history of international law are talented turntablists in that the many historiographical works of international lawyers produced since the so-called ‘historical turn’ have remained confined to the very terms, categories, and vocabularies of the histories whose creation they have been discoursing and theorising. This article ultimately shows that turntablism is not the inevitable fate of international lawyers engaging with history, and that a radical historical critique is possible and should be promoted.

scholarly journals An Approach of Historical and Economic BRICS Creation in South-South Cooperation Resurgence Landmark in the Twenty-First Century

2021 ◽  
Vol 17 (3) ◽  
pp. 73-84
Author(s):  
Gabriel Galdino
Keyword(s):  
Twentieth Century ◽  
Developing Countries ◽  
International Relations ◽  
21St Century ◽  
First Century ◽  
Economic Approach ◽  
History Of ◽  
Twenty First Century ◽  
Reduced Scale

In the history of international relations, the association between developing countries occurred on a reduced scale until the mid-twentieth century. This article takes a historical and economic approach about the formation of the movements characterized as South-South Cooperation, including the emergence of the BRICS in the 21st century.

International relations and the critical history of International Law

2017 ◽  
Vol 31 (3) ◽  
pp. 282-298 ◽  
Author(s):  
Jennifer Pitts
Keyword(s):  
Nineteenth Century ◽  
International Relations ◽  
International Law ◽  
International System ◽  
Postcolonial Studies ◽  
Global Politics ◽  
Early Nineteenth Century ◽  
Critical History ◽  
History Of ◽  
History Of International Law

Just as the contemporary global structure is a product of nineteenth-century economic and political developments, namely, industrial capitalism and global empires dominated by European metropoles, a misleading conception of the international system as composed of formally equal sovereign states is a product of the same period, as Vattel’s conception of states as equal moral persons was taken up and transformed in the early nineteenth century, especially in imperial Britain. This model continues to shape interpretations of global politics in International Relations (IR), despite the persistence of the imperial legacy in the form of a stratified globe. Historical work informed by postcolonial studies and recent scholarship in International Law can give IR greater analytical and critical purchase on the current global order.

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