scholarly journals Termination of right in the mechanism of civil legal relations

2020 ◽  
pp. 287-300
Author(s):  
Anatoliy V. Kostruba ◽  
Valentyna A. Vasylyeva
Keyword(s):  
International Law ◽  
Legal System ◽  
Practical Relevance ◽  
Legal Systems ◽  
First Time

The article aims to research the termination of rights in the mechanism of civil legal relations. The relevance of the work is expressed by the fact that the analysis of the reasons for termination of right is based on the analysis of legal facts that are realized in the process of formalization of some civil legal relations. The fol-lowing methods were used: analysis, synthesis, comparison, abstraction. The nov-elty of the study is determined by the fact that the authors of the article research the causes of termination of right and the possibility of implementing this process is universal and local legal systems. The authors consider each of the principles of termination of right as an opportunity to form a qualitatively new subject of re-search and development of the local legal system. The article analyzes the general grounds for termination of rights and suggests implementation measures with consideration of international law. The practical relevance of the study is determined by the fact that for the first time not only direct forms of restriction of rights and measures to terminate them were considered, but also recommendations were developed on the details of the matter in question.

State Immunity and Fundamental Human Rights

1998 ◽  
Vol 11 (1) ◽  
pp. 9-43 ◽  
Author(s):  
Magdalini Karagiannakis
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal System ◽  
Case Law ◽  
Legal Systems ◽  
State Immunity ◽  
Analytical Approaches

Should state immunity from jurisdiction be denied to states that violate fundamental human rights in breach of international law? This article critically discusses three analytical approaches which can be used to answer the question at the level of international law. These approaches are derived from a review of principles of state immunity and fundamental human rights, including ius cogens. The article goes on to examine why the results dictated by these approaches at the level ot international law may not be reflected by municipal legal systems, using US domestic statutes and case law as an example of how a domestic legal system has dealt with this question.

IS AUSTIN'S THEORY INCONGRUENT WITH EXISTING CONCEPTS OF SOVEREIGN AND DISPUTE SETTLEMENT IN TREATIES AND INDIAN LEGISLATION?

2021 ◽  
pp. 47-49
Author(s):  
Sanjith Chandrashekar
Keyword(s):  
International Law ◽  
Legal System ◽  
Dispute Settlement ◽  
Legal Issues ◽  
Legal Systems ◽  
Treaty Law ◽  
The Concept Of Law ◽  
John Austin ◽  
Concept Of Law

For his bold declaration that international law is not "true law" since there is no sovereign, John Austin has been extensively attacked and praised in equal measure. According to Austin, the concept of law is, “Law is a command of the sovereign backed by a sanction.” This study investigates Austin's viewpoint and evaluates it in light of current legal systems, present international law, modern Indian laws, and the analysis of legal issues in the treaty law. While Austin's viewpoint was correct in terms of the legal systems of his day, it cannot be applied to the current international, and Indian legal system

International Cooperation Without Just Distributions? Beginning to Map the Role of Rising Economic Inequality in the Formation and Evolution of and Adherence to International Law

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Alexander D. Beyleveld
Keyword(s):  
International Law ◽  
International Cooperation ◽  
Legal System ◽  
Economic Inequality ◽  
Legal Systems ◽  
Law Of Nations ◽  
Systemic Level ◽  
Formation And Evolution ◽  
International Legal System

Abstract The argument in this paper is that international lawyers—scholars and practitioners alike—should be cognisant of the fact that different economic distributions within nations will lead to the establishment of different international legal systems in terms of their formation and evolution, as well as in relation to the extent to which they are respected and adhered to. Rising economic inequality within nations is an issue of incredible systemic importance to international law; it should be pushed further up the agenda when it comes to devising the laws between them because this will, on balance, assist in creating a more peaceful and prosperous world underpinned by an effective law of nations that is up to the types of contemporary challenges which of necessity require more cooperation between states. Accordingly, from the perspective of this paper, international lawyers should, at a minimum do the following (i) give consideration to the direction of distributional trends within nations when attempting to understand how current international law works (i.e. how it formed, evolves and the extent to which it is respected and adhered to); (ii) give consideration to these same trends when conceptualising and designing the international law(s) of the future and (iii) to the extent necessary, think about the development of the mechanisms at the international law level that encourage and enable the reduction of economic inequality within nations with a view to ensuring that the better functioning, at a systemic level, of the international legal system in general, as well as the various parts of which that system is comprised.

scholarly journals THE NORMATIVE IRRELEVANCE OF AUSTIN’S COMMAND THEORY IN INTERNATIONAL LAW

2016 ◽  
Vol 28 (3) ◽  
pp. 569
Author(s):  
Allan Munyao
Keyword(s):  
International Law ◽  
Legal System ◽  
The Other ◽  
Legal Systems ◽  
Other Hand ◽  
Legal Questions ◽  
Municipal Law ◽  
International Legal System

AbstractJohn Austin has been widely criticized and supported in equal measure for his bold assertion that international law is not ‘real law’ due to the lack of a ‘sovereign’. This article explores Austin’s position and analyzes it as against its veracity in relation to current legal systems; modern contemporary international law; and analysis of legal questions in the international arena. While indeed Austin’s position was true about the legal systems of his time, the same cannot be transposed into the international legal system. If on the other hand the transposition is necessary, it will be shown that international law is indeed ‘real law’ with a somewhat real ‘sovereign’ just like any municipal law

scholarly journals Environmental Law and Public International Law

2019 ◽  
pp. 1159-1184
Author(s):  
Leslie-Anne Duvic-Paoli
Keyword(s):  
International Law ◽  
Legal System ◽  
Environmental Governance ◽  
Environmental Law ◽  
Legal Systems ◽  
Theoretical Frameworks ◽  
Unit Of Analysis ◽  
Public International Law ◽  
The Status ◽  
Domestic Law

This chapter examines how—and the extent to which—public international law influences domestic environmental law. It first considers the assumption that the domestic–international divide is relevant to understanding current legal processes in the field of environmental governance before exploring the status of international law within domestic systems. In particular, it discusses the theoretical frameworks used to explain how domestic legal systems relate to public international law, including the dualism versus monism dichotomy, and the main transposition techniques used to integrate international law into domestic legal systems. The chapter also describes the effects of international law within domestic law in terms of unit of analysis, types of incidence, and the beneficiaries of these effects. Finally, it looks at factors that influence a state’s approach to the interactions between its legal system relative to environmental protection and public international law.

scholarly journals Reform of the legal system of Ukraine under the influence of international law

2021 ◽  
pp. 35-40
Author(s):  
V. MANGORA
Keyword(s):  
International Law ◽  
International Organizations ◽  
Legal System ◽  
Legal Systems ◽  
Harmonization Of Law

The article examines the features of reforming the legal system of Ukraine under the influence of the international law. The main means of convergence of the national legal systems are identified. The main directions of influence of the international law on national legal systems are described, such as: convergence of the national legal systems, unification of law, harmonization of law, activity of international organizations, creation of model laws. The main means of convergence of the national legal systems are identified. Proposals for reforming the legal system of Ukraine under the influence of international law have been developed.

scholarly journals Intrusion of international law into the national legal system

2021 ◽  
Vol 5 (1) ◽  
pp. 40-57
Author(s):  
V. F. Anisimov ◽  
Yu. V. Truntsevskiy
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Legal System ◽  
The State ◽  
Point Of View ◽  
Legal Systems ◽  
Foreign Law ◽  
National Legal System ◽  
International Obligations ◽  
The Law

The subject of the research is the peculiarities of the implementation of international law in national legal systems, the law enforcement practice of the implementation of international legal obligations of the state, doctrinal approaches to the interaction of the norms of international and domestic law. The purpose of the article is to confirm or disprove the hypothesis that the limits, forms and methods of the ex-ante intrusion of international law into the national legal system are determined not only as a result of the agreed will of States, but also against such will, under the influence of the interests of individual States or their political blocs that occupy a dominant position in an international organization. Methodology. The authors use such general theoretical and specific scientific methods as comparative analysis, generalization, interpretation and classification as well as systemic analysis and formal logical methods. The main results. The forms and methods of intrusion of international law into the legal systems are diversified. International law is not limited to interstate relations. Global processes require the development of new scientific approaches to understanding the processes of intrusion of international law into the legal systems of States. These processes require the study of the forms and methods of the impact of international law and international institutions on the national legal order. States are sometimes forced to implement measures developed in the international implementation mechanism (due to the need for international financial assistance as well as the inability to single-handedly defeat internal corruption, create a favorable international image, etc.). The international legal invasion exist already ex – post through the decisions of international judicial bodies or the assertive recommendations of international organizations. Their demands are made not just to comply with international obligations, but to change national legislation. The implementation of the norms of international law in national legal systems should be carried out at the domestic level just as much as it is necessary to fulfill these international obligations. The law enforcement practice in the state is based solely on national principles of law, and it is unacceptable to comply with the requirements from the outside to change them from the point of view of the independence of the state. It is the exclusive right of each State to determine the content of acts of interpretation of international bodies in relation to the decisions and actions of specific States from the point of view of their national interests. We prove that every state has the important right to determine the limits of the invasion of international law in their national legal system: the contents of implementing legislation; the completeness of implementation of the decisions and recommendations of international bodies and courts; the recognition of the extraterritorial validity of foreign law and forms of its implementation. Conclusions. The fundamental principle of international law- pacta sunt servanda – is transforming into a practical imperative – national legislation must change. This is due to the recognition of the jurisdiction of international judicial bodies. This is due to the extraterritorial effect of foreign law; it is connected with the transnational character of the law of international integration entities. This is due to the inability of individual States to resist exponential corruption. The continuous nature of the intrusion of international law into national legal systems is reflected in the various methods of such interference. The article proves the importance of each state having the right to independently determine the limits of the intrusion of international law into their national legal system.

scholarly journals Law Transformation in the Context Globalisation and International, Regional Integration

2019 ◽  
Vol 35 (4) ◽  
Author(s):  
Vu Thanh Ha
Keyword(s):  
International Law ◽  
Legal System ◽  
Regional Integration ◽  
Legal Systems ◽  
National Legal System ◽  
Contemporary Context

Globalisation and regional integration has become typical in this contemporary context. These processes have changed the interaction between a national legal system and the international one towards the dominance of international law. At the same time, globalisation and regional integration have increasingly stimulated the proximity and interaction of national laws with other legal systems. This special context requires to establish approaches of transforming laws towards building an effective legal system for each country’s development and integration internationally and regionally. 

Contexts of Transnational Law

2019 ◽  
pp. 869-897 ◽  
Author(s):  
Uwe Kischel
Keyword(s):  
European Union ◽  
South America ◽  
International Law ◽  
Legal System ◽  
General Level ◽  
Legal Systems ◽  
Technical Approach ◽  
European Union Law ◽  
Public International Law ◽  
Transnational Law

This concluding chapter addresses transnational law. Public international law and European Union law are by no means the only transnational legal orders. There are also smaller transnational systems in South America or Africa which are modeled on European Union law, but which lag far behind in terms of importance and level of sophistication. The context of public international law is marked by a number of features which distinguish it from the various contexts of national law. At a very general level, public international law is characterized by a stronger interweaving of fact and law; heightened importance of politics; and a less technical approach to norms, their text, and their meaning than lawyers may be accustomed to. Meanwhile, European Union law is an independent legal system which, at least in its present, highly-developed form, has much more in common with national legal systems than with public international law.

5. Personality and Recognition

2016 ◽  
Author(s):  
Martin Dixon ◽  
Robert McCorquodale ◽  
Sarah Williams
Keyword(s):  
International Law ◽  
Legal System ◽  
Legal Systems ◽  
Legal Personality ◽  
Home State ◽  
The Law ◽  
Territorial Boundaries ◽  
International Legal Personality

International law is unlike the law of national legal systems in that the persons or entities to which it applies are not always immediately apparent. National law applies to natural or legal persons within the territorial borders and to ‘nationals’ of the home State. In a general way, the ‘subjects’ of national law, being the persons to whom the legal system is addressed, are reasonably well defined geographically and legally. International law has no territorial boundaries in the same sense and no comparable concept of ‘nationals’. Consequently, its ‘subjects’ are harder to define and even to identify. This chapter discusses the types of international legal personality and recognition in international and national legal systems.

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