scholarly journals The “local / global” dichotomy as a fundamental concept of the acquisition of international legal personality by a territorial community

2020 ◽  
pp. 58-66
Author(s):  
Denis Bobrovnik
Keyword(s):  
Local Level ◽  
World Order ◽  
Physical Nature ◽  
Fundamental Concept ◽  
Special Role ◽  
International Treaty ◽  
Legal Personality ◽  
The Social ◽  
International Legal Personality

The article examines the “local / global” dichotomy as a fundamental concept of the acquisition of international legal personalityby a territorial community.It is argued that such a dichotomy is based on the trend of internationalization of the constitutional order of states and the cons -titutionalization of modern international law, which lead to close ties, interaction and mutual penetration of national constitutional andgeneral international law.It is proved that the global / local dichotomy, which is designed to characterize the spatial systemic characteristics of modernsocial interaction, is not only a methodological basis for the concept of “globalization”, but also an important conceptual and theoreticalguideline of the concept of “localization”, emphasizing the special role of local government and territorial community. in borrowingand transforming the factors of globalization to the local level of existence of society.Emphasis is placed on the fact that given the clearly insufficient level of research and doctrinal support and provision of the global/ local dichotomy, it is characterized by an appropriate level of illogicality and contradiction – due to diametrically opposed authorialpositions, which sometimes leads to completely different definitions and understandings of global and local.The analysis of the causes and context of the formation of the dichotomy on the example of the territorial community shows that“local” and “global” are not oppositional components of the world order, but are an integral part of both this order and each other, they are mutually determined and complementary – resulting in the growth of community participation in global processes, which in factforms their respective partial international legal personality, which finds its fixation in international treaty law.It is pointed out that the tendency to solve the global / local dichotomy is the emergence of the phenomenon of glocalization,which not only chaotically but then organically combines the parametric features of both states, but also accordingly “tightens” theimportance and role of the territorial community. at the local level of society in its existence and functioning, at the global level of mea -surement, which accordingly justifies giving them international legal personality.It is summarized that the example of the existence and functioning of territorial communities in their historical, geographical,resource and other dimensions shows that it is due to changes in the conditions of functioning of “local” appears “global”, and it iswithin the “global” there is currently any which is “local”, actively influencing it –so people, their groups, associations, their socialenvironment – is “local” in its physical nature, but the social practices of these subjects in the conditions of modern permanent changesare transformed into “global”.

The International Legal Personality of the Individual

2018 ◽  
Author(s):  
Astrid Kjeldgaard-Pedersen
Keyword(s):  
International Law ◽  
Legal Rights ◽  
Legal Personality ◽  
Legal Norms ◽  
State Of Affairs ◽  
The Individual ◽  
International Legal Personality ◽  
The Relationship ◽  
Second World

This book scrutinizes the relationship between the concept of international legal personality as a theoretical construct and the position of the individual as a matter of positive international law. By testing four main theoretical conceptions of international legal personality against historical and existing international legal norms that govern individuals, the book argues that the common narrative about the development of the role of the individual in international law is flawed. Contrary to conventional wisdom, international law did not apply to States alone until the Second World War, only to transform during the second half of the twentieth century to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is—and always was—solely contingent upon the interpretation of international legal norms. It follows, of course, that the entities governed by a particular norm tell us nothing about the legal system to which that norm belongs. Instead, the distinction between international and national legal norms turns exclusively on the nature of their respective sources. Against the background of these insights, the book shows how present-day international lawyers continue to allow an idea, which was never more than a scholarly invention of the nineteenth century, to influence the interpretation and application of contemporary international law. This state of affairs has significant real-world ramifications as international legal rights and obligations of individuals (and other non-State entities) are frequently applied more restrictively than interpretation without presumptions regarding ‘personality’ would merit.

Ein zunehmend bunter Freistaat: Die Analyse der bayerischen Kommunalwahlen im März 2020 unter besonderer Berücksichtigung der kreisfreien Städte

2021 ◽  
Vol 52 (1) ◽  
pp. 78-94
Author(s):  
Jan Pollex ◽  
Sebastian Block ◽  
Martin Gross ◽  
Dominic Nyhuis ◽  
Jan A. Velimsky
Keyword(s):  
Political System ◽  
Local Level ◽  
Science Research ◽  
Coalition Building ◽  
Local Elections ◽  
Special Role ◽  
Green Party ◽  
Social Democrats ◽  
The Social ◽  
Election Results

Despite their crucial role for democratic decision-making, local elections receive little atten­tion from political science research . To overcome this shortcoming, the article analyses the Bavarian local elections of 2020 . Although the CSU remains the strongest party in the Free State, the Green Party was able to make considerable gains, especially in larger cities . How­ever, the Greens could not gain any grounds in mayoral elections, whereas CSU and SPD competed for the win . In most of the cases, the Social Democrats won the posts in city halls . In addition to detailing election results, this article addresses the ballot lists, the com­position of local councils, and coalition building at the local level . Overall, this contribu­tion provides a comprehensive account of the elections, which are characterized by their unique ballot system and, thus, have a special role in the political system of Germany .

scholarly journals Messianism and UFO Sightings as Counterfactual Strategies of Enchantment of the World

2018 ◽  
Vol 14 (1) ◽  
pp. 99-109
Author(s):  
Piotr Urbanowicz
Keyword(s):  
Technological Progress ◽  
New World ◽  
Industrial Revolution ◽  
World Order ◽  
Common Denominator ◽  
New World Order ◽  
The Social ◽  
The World ◽  
The Common

Summary In this text, I argue that there are numerous affinities between 19th century messianism and testimonies of UFO sightings, both of which I regarded as forms of secular millennialism. The common denominator for the comparison was Max Weber’s concept of “disenchantment of the world” in the wake of the Industrial Revolution which initiated the era of the dominance of rational thinking and technological progress. However, the period’s counterfactual narratives of enchantment did not repudiate technology as the source of all social and political evil—on the contrary, they variously redefined its function, imagining a possibility of a new world order. In this context, I analysed the social projects put forward by Polish Romantics in the first half of the 19th century, with emphasis on the role of technology as an agent of social change. Similarly, the imaginary technology described by UFO contactees often has a redemptive function and is supposed to bring solution to humanity’s most dangerous problems.

scholarly journals Professor of the Kuibyshev Planning Institute Vasily Lvovich Pogodin: materials for the biography

2019 ◽  
Vol 8 (3) ◽  
pp. 214-222
Author(s):  
Yulia Aleksandrovna Zherdeva
Keyword(s):  
Far East ◽  
Special Role ◽  
Cultural Institutions ◽  
Military Career ◽  
The Far East ◽  
The Social ◽  
Planning Institute ◽  
The University ◽  
Far Eastern

The paper is based on archival materials about the activities of the Kuibyshev Planning Institute of the 1930s. It reconstructs the biography of the Russian and Soviet diplomat, military and academic of the first third of the 20th century, Vasily Lvovich Pogodin (1870 - after 1937). The study reveals a set of documentary evidence on the diplomatic and pedagogical career of V. Pogodin in the first years of the Soviet power, and determines the features of his pedagogical and party activities in Kuibyshev in 1933-1937. The author highlights a special role of the Planning Institute party committee materials as well as the high school workers trade union in the reconstruction of Pogodins biography. The paper emphasizes that Pogodin was considered to be one of the best lecturers of the Kuibyshev Planning Institute and a credible party worker. It is noted that his noble origin, service in the tsarist army and membership in the party of the Social Revolutionaries until 1937 were not the reason for penalties or prosecution by the party or the university administration. As a result, the author concludes that the fate of Vasily Lvovich Pogodin shows an extraordinary character of his personality. He made a brilliant military career in the years of the late Russian empire and became a major general of the Russian imperial army. Then he managed to integrate into the new Soviet system, radically changing the sphere of his activity and having achieved no less outstanding results in diplomacy and education. He became the plenipotentiary representative of the Far Eastern Republic in China, the director of a number of educational and cultural institutions of the Far East, then a professor of political economy in Kuibyshev.

scholarly journals Multinational (Transnational) Companies as Subjects of Public International Law // Multinacionalne (transnacionalne) kompanije kao subjekti međunarodnog javnog prava

2017 ◽  
Vol 7 (7) ◽  
pp. 110
Author(s):  
Boris Krivokapić
Keyword(s):  
International Law ◽  
Legal Status ◽  
Legal Regulation ◽  
Multinational Companies ◽  
Legal Capacity ◽  
Legal Personality ◽  
Transnational Companies ◽  
The One ◽  
International Legal Personality

The paper deals with international legal status of multinational (transnational) companies. The first part gives an overview of this entities and the specifics of their role in the modern world.In the second part, the author deals with the elements of international legal personality of multinational (transnational) companies. Such as international legal regulation of the position of these entities, their specific rights and obligations under international law, international responsibility, process subjectivity before certain international judicial bodies and the special relationship (partnership) with international organizations. It should be added that not only that international law acknowledges their existence, but also multinational companies themselves at least in part influence the development of that law.In the concluding remarks the author notes that multinational (transnational) companies do not have all the elements of a full international personality, the one that is inherent to states. However, even if not complete their personality is beyond doubt. Although between them, depending on the case, there are major differences, there is no dispute that, from the perspective of international law, at least some multinational companies have the legal capacity (the ability to be the holder of a larger or smaller circle of rights and obligations established by international law), legal capacity (the ability to conclude international agreements, create international custom, etc.), tort capacity (the ability to provide for the legal bears responsibility for violating the norms of international law), process capability (active and passive legitimacy before some international courts), etc. In all likelihood, along with the expected further strengthening of the economic, but also political and every other power and role of the companies themselves, their international personality will also become more and more developed, At one point this will require global (universal) agreement which would precisely define rights, but, in particular, the duties and responsibilities of these entities.

5. Personality, statehood, and recognition

2019 ◽  
pp. 58-71
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis
Keyword(s):  
Human Rights ◽  
Multinational Corporations ◽  
International Organizations ◽  
Foreign Relations ◽  
Legal Personality ◽  
Government Capacity ◽  
State Actors ◽  
Territory Government ◽  
International Legal Personality

This chapter examines the meaning of international legal personality and the range of actors that possess such personality, namely States, international organizations, individuals, multinational corporations, and several other non-State actors. Given the centrality of States, the criteria for statehood are analysed, and both traditional and contemporary criteria are discussed. Article 1 of the 1933 Montevideo Convention is used for assessment of whether an entity satisfies these criteria which include: permanent population, a defined territory, government, capacity to enter into foreign relations, and the relevance of human rights. Competing theories regarding the role of recognition by third States as an element of statehood are also considered. Equally, the rights and duties of non-State actors are analysed in terms of capacity conferred upon them under international law.

scholarly journals CHARACTERISTICS OF BASIC COMPONENTS OF THE SOCIAL AND LABOR RELATIONS REGULATION MECHANISM IN THE UNITED TERRITORIAL COMMUNITIES

2020 ◽  
pp. 19-23
Author(s):  
Viktor Nyzhnyk ◽  
Oleh Rudyk
Keyword(s):  
Community Development ◽  
Local Governments ◽  
Labor Relations ◽  
Local Level ◽  
The State ◽  
Regulation Mechanism ◽  
Role Of The State ◽  
The Social ◽  
State And Local

The study is devoted to the substantiation of the basic components of the mechanism of regulation of social and labor relations in the united territorial communities of Ukraine. The article analyzes the research on the role of the state and local governments in regulating and developing social and labor relations at the local level. The leading world concepts in regulating social and labor relations have been characterized. The purpose and role of local self- government bodies in regulating social and labor relations have been defined. The basic scientific approaches to the concept of “community development” have been investigated. Based on the research, the basic components of the mechanisms of regulation of social and labor relations in the united territorial communities have been identified and their characteristics have been given.

scholarly journals THE ROLE OF NATIONAL ACTION PLANS IN IMPLEMENTATION OF INTERNATIONAL STANDARDS IN BUSINESS AND HUMAN RIGHTS

2019 ◽  
Vol 8 (6) ◽  
Author(s):  
Adel I. Abdullin ◽  
Alexey A. Sinyavskiy
Keyword(s):  
Human Rights ◽  
Transnational Corporations ◽  
International Standards ◽  
Action Plans ◽  
Legal Personality ◽  
Business And Human Rights ◽  
Protection Of Human Rights ◽  
Guiding Principles ◽  
International Legal Personality

"Guiding Principles on Business and Human Rights” are the first universally recognized global international standard in the field of human rights and business. In accordance with them, transnational corporations and other enterprises are obliged to comply with the national laws of states and respect internationally recognized human rights while carrying out their business activities. On 16 June 2011, the Human Rights Council unanimously endorsed the Guidelines in its resolution 17/4, “Human Rights and Transnational Corporations and Other Enterprises,” setting a universal standard for protecting human rights from the adverse effects of transnational corporations and other enterprises. However, in accordance with the doctrine of international law, corporations do not have an international legal personality and their obligations to respect human rights are only voluntary in nature, and therefore, the main obligation to ensure the protection of human rights lies with states. One of the ways to implement international standards in the field of business and human rights in practice is the development by States of National Action Plans. This paper is devoted, firstly, to a summary of the main ideas of the “Guiding Principles on Business and Human Rights” as an international legal standard in the field of human rights. Secondly, to consider the role of National Action Plans in the implementation of the Guidelines in EU countries. Thirdly, a review of existing practices for the implementation of these principles by EU states using National Action Plans

scholarly journals Municipal Social Policy Realization: the Role of Scientific Research (by the Results of the Study in Barnaul, Altai Kray)

2018 ◽  
Vol 14 (4) ◽  
pp. 101-107
Author(s):  
I. Antonovich ◽  
K. Velikzhanina ◽  
O. Kolesnikova ◽  
S. Chudova
Keyword(s):  
Social Policy ◽  
Local Governments ◽  
Local Level ◽  
Scientific Research ◽  
City Management ◽  
The Social ◽  
Study Results ◽  
Scientific Potential ◽  
The City

The Object of the Study. Municipal social policy.The Subject of the Study. The role of scientific research in realizing municipal social policy.The Purpose of the Study. Identifying the role of scientific research in realizing social policy at the municipal level.The Main Provisions of the Article. The main theoretic methodological and philosophy approaches to the science integration to the social policy realization are analyzed. There is the substantiation of the efficiency of the scientific potential use in the social policy implementation at the local level. Scientific achievements and innovations involvement in solving social problems of the city of Barnaul are considered through the implementation of the grant mechanism of interaction in the municipality. A special contribution of the authors is the analysis of legislation in the field of grant support for research projects, monitoring the efficiency of the competition, as well as the correlation of the results of the grant competition with the directions of social policy at the city level (based on the results of monitoring the implementation of grant forms of support in the city in the period from 2014 to 2017). The main problems have been identified that make it difficult to use the potential of science in the implementation of social policy of the city, namely the lack of strong and extensive network of grant competitions in this area, the "frozen" amount of funding for the competition and weak differentiation in the degree of scientific experience among applicants for the grant. According to the study results the place and role of scientific research in the implementation of the activities of local governments in the city of Barnaul in order to implement social policy have been defined, as well as recommendations to improve this activity for the city management developed.

2 Legal Powers, 2.1 Interpretation of the Greco-Turkish Agreement of 1 December 1926 , Permanent Court of International Justice, Advisory Opinion, [1926] Publ. PCIJ, Series B, No. 16

2016 ◽  
Author(s):  
Montejo Blanca
Keyword(s):  
International Organizations ◽  
First World War ◽  
International Justice ◽  
Advisory Opinion ◽  
World War ◽  
Legal Personality ◽  
The First World War ◽  
International Legal Personality ◽  
First World

In 1923, Greece and Turkey entered into the Treaty of Lausanne to regulate the orderly transfer of Greek and Turkish populations displaced by the First World War. The treaty established a Mixed Arbitral Tribunal and a Mixed Commission to deal with property issues ensuing from the transfer of populations. However, a dispute arose in the implementation of the treaty which was ultimately referred to the Permanent Court of International Justice (PCIJ) for an advisory opinion. In its decision, the PCIJ sketched some of the main features of the international legal personality of international organizations and articulated the basic elements of the implied powers doctrine, thereby initiating the path towards consolidating the role of international organizations as international actors in their own right with powers beyond those strictly attributed to them by their establishing treaties. Some authors have assessed the performance of the Court in critical terms.

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