Colonial Integration: Back to the Future

2020 ◽  
pp. 24-30
Keyword(s):  
Foreign Policy ◽  
International Relations ◽  
International Law ◽  
Legal System ◽  
Special Kind ◽  
Legal Systems ◽  
Interstate Cooperation ◽  
The Future ◽  
Ontological Aspect ◽  
Covert Aggression

Modern interstate cooperation is characterized by regression and a rollback to the methods of the pre-UN era, when states resorted to aggression and waged aggressive wars in the absence of legal regulators. After the appearance of such regulators with the signing of the UN Charter, the situation became more complicated: aggression and wars did not disappear, but began to occur in other forms and with the use of non-physical weapons: information, economic, political and even legal. The imperfection of international law – as a relatively young legal system – only contributes to this. The same method of interstate cooperation can be both progressive and regressive. And integration is among such means. This article is devoted to the study of integration as a means of pressure and covert aggression in interstate cooperation. The author presents a different understanding of integration in the ontological aspect. In the doctrine of international law and international relations, integration is seen as a method of approximation of legal systems. But with the existence of a vice of will, when integration is initiated with obscure goals and may violate the fundamental principles and norms of international law, this method turns into a special kind of oppression of sovereignty and colonial foreign policy.

Climate Displacement and the Legal Gymnastics of Justice: Is It All Political?

2021 ◽  
Vol 35 (2) ◽  
pp. 303-312
Author(s):  
Andrea C. Simonelli
Keyword(s):  
Climate Change ◽  
International Law ◽  
Legal System ◽  
Legal Analysis ◽  
Refugee Convention ◽  
Legal Remedy ◽  
The Future ◽  
Law And Justice ◽  
International Instruments

AbstractThe future for people becoming displaced due to climate processes is still unknown. The effects of climate change are more apparent every day, and those most acutely impacted are still unable to access an appropriate legal remedy for their woes. Two new books evaluate the limits to international legal protections and the application of justice. Climate Change, Disasters, and the Refugee Convention, by Matthew Scott, investigates the assumptions underpinning the dichotomy between refugees and those facing adversity due to climate-induced disasters. Climate Change and People on the Move: International Law and Justice, by Fanny Thornton, goes further by examining how justice is used—and curtailed—by international instruments of protection. Thornton's legal analysis is thorough and thoughtful, but also demonstrative of the limitations of justice when confined by historical precedent and political indifference. With so little still being done to hold industries to account, is it any surprise that the legal system is not yet ready to protect those harmed by carbon pollution? Demanding justice for climate displacees is an indictment of modern Western economics and development; it implicates entire national lifestyles and the institutions and people that support them.

Challenges for the (Present/) Future of ird World Approaches to International Law

2008 ◽  
Vol 10 (4) ◽  
pp. 467-477
Author(s):  
Ibironke Odumosu
Keyword(s):  
International Law ◽  
Legal System ◽  
Third World ◽  
International System ◽  
The Future ◽  
Future Challenges ◽  
International Legal System ◽  
Material Power

AbstractThis article examines the future of Third World Approaches to International Law (TWAIL) and its ability to meet its challenges and achieve its objectives in a hegemonic international system. It discusses the fundamental role of ideas, the challenge of ideational (and material) power, and the reconstruction of identities, in meeting the challenges of TWAIL perspectives. In discussing these components and their interaction, the article observes that while they show some promise for the future of TWAIL, they also embody severe limitations. The article concludes with some thoughts about TWAIL's future engagements and on the note that even though the challenges are arduous, TWAIL perspectives possess some potential to meet the present and future challenges of reconstructing the international legal system.

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.

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.

scholarly journals Crisis, Continuity, and Change in International Investment Law and Arbitration

2021 ◽  
pp. 321
Author(s):  
Valentina Vadi
Keyword(s):  
International Law ◽  
Legal System ◽  
International Investment ◽  
International Investment Law ◽  
Continuity And Change ◽  
The Past ◽  
The Future ◽  
International Legal System ◽  
Investment Law ◽  
Wealth Of Nations

The dialectic between continuity and change lies at the heart of international law, which seeks to foster peaceful, just, and prosperous relations among nations. International law endeavors to govern the future by applying, in the present, norms that are inherited from the past. Nonetheless, everything flows and in an ever-changing world, some change is needed within the international legal system to ensure its stability especially in time of crisis. Not only can crises constitute means for the development of international law, but they can test, undermine or ultimately buttress the structure of international law. This article explores the connection between crisis, continuity, and change in international investment law and arbitration. It seeks to answer the following question: can international investment law successfully address the challenges posed by the coronavirus crisis? Or will the pandemic change the field of international investment law as we know it? After briefly discussing a range of procedural matters, the article focuses on substantive aspects, namely, the kinds of claims that can be filed, the kind of defences that can be raised, and how arbitral tribunals can adjudicate such matters. In this way, the article ultimately concludes that both continuity and change are necessary for ensuring the health and wealth of nations and justice among them.

scholarly journals Assessing the Impact of the ECHR on National Legal Systems

2008 ◽  
Author(s):  
Helen Keller ◽  
Alec Stone Sweet
Keyword(s):  
Legal System ◽  
Structural Features ◽  
Legal Systems ◽  
The Future ◽  
The Impact ◽  
Domestic Law ◽  
Domestic Level

This chapter discusses the impact of the ECHR in 18 national legal orders. Topics covered include the reception of the ECHR into domestic law and practice, inputs into the ECHR legal system (applications) and the most important outputs (judgements of the Court and other decisions), the Court's impact on national legal systems, how the evolution of certain structural features of the Convention has complicated the reception process at the domestic level, and the future of the Court.

scholarly journals POLITIK PEMBANGUNAN HUKUM PERJANJIAN INTERNASIONAL TERKAIT STATUS DAN KEDUDUKAN PERJANJIAN INTERNASIONAL DI TINJAU DARI PRAKTIK INDONESIA

2017 ◽  
Vol 24 (1) ◽  
pp. 56
Author(s):  
Siti Sumartini
Keyword(s):  
International Relations ◽  
International Law ◽  
Legal System ◽  
International Agreements ◽  
Public Understanding ◽  
International Treaties ◽  
The Public ◽  
The Status

International agreements (treaties) is one of the mechanisms in international relations as well as one of the sources of international law. Lack of understanding of what the public understanding of international agreements often giving riseto confuse in ournational legal system. Thereby also on the status and position of international treaties in the practice of Indonesia has not provided clarity about what the system is about to be followed by Indonesia.

The Legality of the Use of Force to Recover Occupied Territory

1980 ◽  
Vol 15 (2) ◽  
pp. 160-179
Author(s):  
Nathan Feinberg
Keyword(s):  
Foreign Policy ◽  
International Relations ◽  
United Nations ◽  
International Law ◽  
Use Of Force ◽  
Point Of View ◽  
Party Leaders ◽  
Occupied Territory ◽  
Take Back ◽  
Heads Of State

Numerous and complex problems relating to the prohibition of the use of force in international relations have arisen in the protracted Arab-Israel conflict. One of these—and certainly not the least important—is whether there exists any foundation, from a legal point of view, to the claim by the Arab States that the Charter of the United Nations and general international law entitled them to resort to armed force in order to take back the territories occupied by Israel in the Six Day War of 1967. This claim to a right to a military option has been put forward not only in slogans flaunted in fiery speeches by second-rate politicians or extreme party leaders, but by the Heads of State responsible for the formulation of their countries' foreign policy.

Congress and the Future of U.S. Foreign Policy Toward Africa

1996 ◽  
Vol 24 (1) ◽  
pp. 5-9
Author(s):  
David F. Gordon
Keyword(s):  
Foreign Policy ◽  
International Relations ◽  
Annual Meeting ◽  
African Studies ◽  
The Future ◽  
Overseas Development ◽  
Research Institute

(The text of an address given at the Annual Meeting of the African Studies Association, Orlando, November 5, 1995. At the time of the ASA Conference, David Gordon was the senior Africa specialist on the Democratic staff of the House International Relations Committee. He is currently Director of U.S. Policy Programs at the Overseas Development Council, a nongovernmental research institute in Washington.)

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