scholarly journals Conceptualizing sovereignty and its relation to the State, refugees, and international relations

2021 ◽  
Author(s):  
Laura McAlpine

This MRP seeks to illustrate why and how states circumstantially employ their sovereignty in regards to international forced migration. My thesis is, that states, dependent on their degree of sovereignty, are negligent in their capacity to accommodate refugees. In pursuing this thesis, I examine state sovereignty from the International Relations framework and conceptualize sovereignty as a derivative of the state. Furthermore, I situate ‘the state’ with political realism; and align its opposing paradigm, political idealism, with the United Nations. Using qualitative measurements of state sovereignty, I find that although states have signed international agreements that hold them accountable to facilitate in the resettlement of refugees when international conflict ensues, states claim that because refugees threaten security, as well as the economic, political, social integrity of the state, they cannot and will not accept them. Key words: sovereignty, the state, refugees, International Relations, the United Nations

2021 ◽  
Author(s):  
Laura McAlpine

This MRP seeks to illustrate why and how states circumstantially employ their sovereignty in regards to international forced migration. My thesis is, that states, dependent on their degree of sovereignty, are negligent in their capacity to accommodate refugees. In pursuing this thesis, I examine state sovereignty from the International Relations framework and conceptualize sovereignty as a derivative of the state. Furthermore, I situate ‘the state’ with political realism; and align its opposing paradigm, political idealism, with the United Nations. Using qualitative measurements of state sovereignty, I find that although states have signed international agreements that hold them accountable to facilitate in the resettlement of refugees when international conflict ensues, states claim that because refugees threaten security, as well as the economic, political, social integrity of the state, they cannot and will not accept them. Key words: sovereignty, the state, refugees, International Relations, the United Nations


2019 ◽  
Vol 4 (1) ◽  
pp. 1-19
Author(s):  
Zarisnov Arafat ◽  
Muhammad Gary Gagarin Akbar

Ekstradisi secara universal hingga saat ini mengalami perubahan yang semakin baik, terutama setelah kehidupan bernegara sudah mulai tampak lebih maju sampai abad 20 ini. Hubungan dan pergaulan internasional menemukan bentuk dan substansinya yang baru dan berbeda dengan zaman sebelum Perjanjian Perdamaian Westphalia tahun 1648. Negara-negara yang berdasarkan atas prinsip kemerdekaan kedaulatan dan kedudukan sederajat mulai menata dirinya masing-masing terutama masalah domestik dengan membentuk dan mengembangkan hukum nasionalnya, yang salah satunya di bidang hukum pidana nasional. Hukum pidana nasional masing-masing negara, terutama jenis-jenis kejahatan atau tindak pidananya, disamping pula ada kesamaan dan perbedaannya. Semakin menguat batas wilayah dan kedaulatan teritorial masing-masing negara, semakin menguat pula penerapan hukum nasionalnya di dalam batas wilayah negara masing-masing. Semakin banyaknya perjanjian-perjanjian yang dibuat oleh negara-negara baik bilateral ataupun multilateral untuk mengatur suatu masalah tertentu yang sudah, sedang, dan akan dihadapi. Dalam pembuatan perjanjian tersebut mulai dilakukan pengkhususan atas substansinya, jadi tidak lagi satu perjanjian mencakup berbagai macam substansi yang berbeda-beda. Di Indonesia peraturan mengenai Ekstradisi dibuat pada tahun 1979, mengingat hingga saat ini belum terjadi perubahan di dalam Undang-Undang Nomor 1 Tahun 1979 padahal PBB telah membuat suatu model pembuatan perjanjian ekstradisi pada tahun 1990, sehingga sudah selayaknya peraturan mengenai ekstradisi di Indonesia harus mengalami pembaharuan ke depan yang lebih baik. Kata Kunci: Ekstradisi, Politik Hukum, Hukum Pidana.   Abstract Extradition is universally up to now experiencing increasingly good changes, especially after the state of life has begun to appear more advanced until the 20th century. International relations and relationships find new and different forms and substance from the times before the Treaty of Peace of Westphalia in 1648. Countries that are based on the principle of freedom of sovereignty and equal position begin to organize themselves, especially domestic problems by forming and developing national laws, which one of them is in the field of national criminal law. The national criminal law of each country, especially the types of crime or criminal acts, besides there are similarities and differences. The stronger regional boundaries and territorial sovereignty of each country, the stronger the application of national laws within the borders of each country. The increasing number of agreements made by countries both bilaterally and multilaterally to regulate a particular problem that has been, is being, and will be faced. In making these agreements, specialization of the substance began to be carried out, so no more than one agreement covers a variety of different substances. In Indonesia, the Extradition regulation was made in 1979, considering that until now there had been no changes in Law Number 1 of 1979 even though the United Nations had made a model for making an extradition treaty in 1990, so that proper regulations on extradition in Indonesia must undergo reform better future.                                   Keyword: Extradition, Politics of Law, The Criminal Law.                                                                        


10.12737/3457 ◽  
2014 ◽  
Vol 2 (5) ◽  
pp. 5-21 ◽  
Author(s):  
Олег Тиунов ◽  
Olyeg Tiunov

In the article have defined of the role of the principle of the sovereign equality of the states in the system of the principles of international law. The contemporary of the signs of the sovereign equality became aparent the grand total of the development of the international law. Its substance development was under the influence of the different history formations. The Charter of the United Nations there is the basic document of the contemporaneity in which has sealed the principle of the sovereign equality of the states as the part of the system of the principals the modern international law. The legal signs of the sovereignty appears on the supreme sovereignty within the limits of the state, and they must be independence of the state in the international relations. The basic principles of international law there are interdependence. They must be conform to the context each other.


1961 ◽  
Vol 55 (4) ◽  
pp. 892-918 ◽  
Author(s):  
Ernest L. Kerley

When the Security Council of the United Nations investigates an event or situation at the scene, it establishes a credible factual basis for its consideration of the situation, and the situation itself may be stabilized by the presence of the investigators. These important benefits may involve concomitant difficulties for the state in whose territory the investigation occurs, since the presence of international investigators may be conceived of as a limitation of its sovereignty. Objections may also arise from states seeking to obscure the realities of the situation being investigated, or from states which resist as a matter of principle any functions of international organizations which appear to derogate from state sovereignty.


Author(s):  
Thomas G. Weiss ◽  
Sam Daws

This article discusses world politics and international relations, with a primary focus on the United Nations Organization. It enumerates the four most relevant changes within the United Nations (UN), namely: the emergence of a single ‘hyper-power’, the emergence of threats, the reformulation of state sovereignty, and the increasing role of nonstate actors. It evaluates the efforts of the UN at problem-solving, discusses the concepts of global governance and US hegemony, and enumerates three analytical problems.


China Report ◽  
2019 ◽  
Vol 55 (2) ◽  
pp. 125-144
Author(s):  
Vikash Chandra

This article illustrates China’s counter-terrorism strategy at the United Nations (UN), analyses its cornerstones and underscores changing patterns. On this basis, it also seeks to make some broader observations about how rising powers behave in international organisations and to highlight their attitudes towards the liberal international order. It considers Chinese positions in the debates in the General Assembly (1972–2018), its Sixth Committee and the Security Council (since the early 1990s) and identifies four pillars of China’s counter-terrorism strategy. These include norm entrepreneurship, diplomatic measures, promotion of international cooperation and domestic measures to fulfil obligations emanating from UN resolutions, conventions and declarations. It shows how China has shaped the discourse on terrorism at the UN and how its counter-terror narratives and advocacy have been and are being shaped by the discourse among states and competing blocs like the Organization of Islamic Conference over this period. It concludes with the observation that, despite changes in its strategy in recent years, the defining principles of China’s counter-terrorism strategy, such as respect for state sovereignty and non-interference in internal affairs, have not eroded. Changes like accepting that the UN must play a ‘central coordination role’ in international counter-terrorism should be regarded as a further extension of China’s zeal to maintain the international order because the UN is a defining pillar of the present international order.


2018 ◽  
Vol 25 (2) ◽  
pp. 458-485 ◽  
Author(s):  
Ingvild Bode ◽  
John Karlsrud

Since the failures of the United Nations of the early 1990s, the protection of civilians has evolved as a new norm for United Nations peacekeeping operations. However, a 2014 United Nations report found that while peacekeeping mandates often include the use of force to protect civilians, this has routinely been avoided by member states. What can account for this gap between the apparently solid normative foundations of the protection of civilians and the wide variation in implementation? This article approaches the question by highlighting normative ambiguity as a fundamental feature of international norms. Thereby, we consider implementation as a political, dynamic process where the diverging understandings that member states hold with regard to the protection of civilians norm manifest and emerge. We visualize this process in combining a critical-constructivist approach to norms with practice theories. Focusing on the practices of member states’ military advisers at the United Nations headquarters in New York, and their positions on how the protection of civilians should be implemented on the ground, we draw attention to their agency in norm implementation at an international site. Military advisers provide links between national ministries and contingents in the field, while also competing for being recognized as competent performers of appropriate implementation practices. Drawing on an interpretivist analysis of data generated through an online survey, a half-day workshop and interviews with selected delegations, the article adds to the understanding of norms in international relations while also providing empirical insights into peacekeeping effectiveness.


Author(s):  
Julián López Muñoz

Existe la necesidad de crear un concepto o definir, en términos jurídicos, el significado de crimen organizado, en sentido global. A pesar de que Naciones Unidas lo ha intentado, no todos sus países miembros han seguido el mandato. España ha incluido en su Derecho Penal un nuevo tipo delictivo: la organización y el grupo criminal. El orden público, como bien jurídico superior, se verá con esta medida protegido y también el Estado se verá defendido de la acción desestabilizadora procedente de la «gran criminalidad».There is a need to create a concept or define globally, in legal terms, the meaning of the organized crime. Despite the United Nations have attempted it, not all the Member Countries have followed their mandate. Spain has included in its Criminal Law a new category of offence: the criminal organization and group. The public order, as a superior legal right, will be protected by this measure and also, the State will be defended against the destabilizing action from the «great criminality».


2017 ◽  
Vol 3 (1) ◽  
pp. 65-87
Author(s):  
Mercy Obado Ochieng

Terrorism is indisputably a serious security threat to states and individuals. Yet, by the end of 2016, there was still lack of consensus on the legal definition of terrorism at the United Nations (UN) level. The key organs of the UN, the Security Council (UNSC) and the General Assembly (UNGA), are yet to agree on a legal definition of terrorism. This disconnect is attributed partly to the heterogeneous nature of terrorist activities and ideological differences among member states. At the UN level, acts of terrorism are mainly tackled from the angle of threats to international peace and security. In contrast, at the state level, acts of terrorism are largely defined as crimes and hence dealt with from the criminal justice paradigm. This article argues that the lack of a concrete legal definition of terrorism at the UN level undermines the holistic use of the criminal justice paradigm to counter-terrorism at the state level. To effectively counter-terrorism the UNSC and the UNGA have to agree on a legal definition of terrorism in their resolutions. This will streamline efforts to combat terrorism at the state level and consolidate counter-terrorism measures at the international level. The draft comprehensive Convention on Measures to Eliminate Terrorism (the Draft Convention) should be tailored to fill gaps and provide for a progressive legal definition of acts of terrorism.


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