scholarly journals Charting Socio-Legal Approaches to International Law in China: Taking the Interdisciplinary Study of International Law and History as an Example

2020 ◽  
Vol 9 (1) ◽  
pp. 1 ◽  
Author(s):  
Shisong Jiang
Keyword(s):  
Social Sciences ◽  
International Law ◽  
Interdisciplinary Collaboration ◽  
Legal Scholarship ◽  
Positive Law ◽  
National Differences ◽  
Chinese Characteristics ◽  
The Status ◽  
Chinese School ◽  
Interdisciplinary Study

The mainstream of international legal academia has started to address a distinctive fundamental question of whether international law is international in recent years, in which national differences in terms of the understandings of and approaches to international law have been (re)recognized and accentuated. Thanks to its increasing importance and influence in the international community, the ways in which China engages with a variety of international legal issues and topics have garnered more attention from the so-called western scholars. Meanwhile, Chinese international legal scholars have also committed to establishing a Chinese school of international law through which to intensively and comprehensively showcase its own characteristics in this regard. Against this backdrop, this article aims to unveil the underestimated part of its characteristics concerning the socio-legal scholarship in China’s international law research by taking the interdisciplinary study of international law and history as an example. To that end, this article first reviews the overall configuration of international law research in China and roughly summarizes the current “Chinese characteristics” as follows: 1. The ternary, multipolar, and marginal morphology of the scholarly field of international law; 2. The China-based, trending topic-driven, and positive law-oriented contents of international legal scholarship. These characteristics also imply the present dominance of the doctrinal tradition in Chinese international legal scholarship, which has impeded the interdisciplinary collaboration between international law and other disciplines or fields of research. However, this article also recognizes that the emergence of socio-legal approaches to international law in China by assessing the status quo of research on international law and history in particular and international law and other social sciences in general, although the voices of this group of interdisciplinary academics are still relatively feeble.

Italian Legal Scholarship of International Law in the Early Decades of the Twentieth Century

2020 ◽  
pp. 127-167
Author(s):  
Giulio Bartolini
Keyword(s):  
Twentieth Century ◽  
International Law ◽  
Legal Positivism ◽  
Pivotal Role ◽  
The Political ◽  
Legal Scholarship ◽  
Positive Law

In 1931 Lauterpacht described the Italian scholarship as characterized by a ‘rigid and frequently uncompromising positivist school in international law’. While his statement has some merits, this chapter seeks both to illustrate how this trend emerged from previous approaches and, conversely, to emphasize the multifaceted perspectives that were effectively present in those decades, thus partly circumscribing Lauterpacht’s assertion. Following a survey of the fluid approaches present at the beginning of the twentieth century, this chapter will introduce the pivotal role of Dionisio Anzilotti in favoring legal positivism, even if dissident voices were still present or subsequently emerged. After Anzilotti, other poles of attraction emerged, in particular through Santi Romano and other scholars, who, while still claiming to adhere to the lines of positive law, deprived this conception of several of its original theoretical attributes. Conversely, few attempts were made to elaborate doctrines aimed at reflecting the political ambitions of Fascism, which was unsuccessful in influencing the broad theoretical debate.

scholarly journals A Matter of (A)Political Interpretation

2020 ◽  
Vol 3 (1) ◽  
pp. 87-106
Author(s):  
Davor Petrić
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Eu Law ◽  
Member States ◽  
Legal Scholarship ◽  
The Rule Of Law ◽  
Border Dispute ◽  
The Status ◽  
Political Interpretation ◽  
The Eu

This contribution reflects on the EU law side of the story of Slovenia and Croatia’s border dispute. It discusses some of the key parts of the Advocate General’s opinion and the Court of Justice’s judgment in this case, including the issue of the scope of EU law, the status of international law in EU law, the interpretation of international law for the purposes of EU law adjudication, and the rule of law dimensions of the border dispute between the two neighbouring Member States. It also offers some general remarks on the nature of legal scholarship that can be read as a response to some of the academic commentary of this case.

scholarly journals Status of International Law In Indonesian National Law: Review of International Conventions in Indonesian Legal System

2017 ◽  
Author(s):  
Hamza Baharuddin ◽  
Achmad Zulfikar
Keyword(s):  
Social Sciences ◽  
International Law ◽  
Legal System ◽  
International Research ◽  
International Treaties ◽  
International Treaty ◽  
System P ◽  
Before And After ◽  
The Status ◽  
International Conventions

This manuscript is an Extended Abstract from the Abstract that has been presented in 2nd International Research Conference on Economics, Business and Social Sciences. This manuscript provides a simple overview of the status of international conventions as the part of international law. Several parts of the whole paper have been revealed which result comparing the three international treaties endorsed by the Indonesian government before and after the enactment of Law No. 24 of 2000 on the International Treaty. If you need more information related to this manuscript please contact the author.

Visualizing international studies on cyberspace sovereignty: concept, rationality, and legitimacy

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Jianzhong Shi ◽  
Ming Xu
Keyword(s):  
International Law ◽  
Web Of Science ◽  
Temporal Evolution ◽  
Knowledge Bases ◽  
International Studies ◽  
Legal Environment ◽  
Law Of Nature ◽  
Positive Law ◽  
The Status ◽  
Scientometric Method

Abstract This study visualizes the international cyberspace sovereignty studies collected in Web of Science Core Collection to construct knowledge bases, development status, and dynamic trends drawing on scientometric method by instrument CiteSpace (5.7.R5). The findings show that the international studies on cyberspace sovereignty have phased and interdisciplinary characteristics. Its research theories, perspectives, and methods will be affected by practical and legal environment in the international contexts. Additionally, this study discusses its rationality to gain the concept through temporal evolution, spatial variation, and linguistic rank; explores its legitimacy through existing necessity, Common Law of Nature spirit and Positive Law foundation; and finally puts forward its implementation path. Furthermore, the logical basis and jurisprudential basis have established the status of cyberspace sovereignty in international law.

scholarly journals Ius Constitutionale Commune en América Latina: Observations on Transformative Constitutionalism

AJIL Unbound ◽  
2015 ◽  
Vol 109 ◽  
pp. 109-114 ◽  
Author(s):  
Armin von Bogdandy
Keyword(s):  
International Law ◽  
Separation Of Powers ◽  
Legal Discourse ◽  
Case Law ◽  
New Approach ◽  
Legal Scholarship ◽  
Positive Law ◽  
America Latina ◽  
Legal Concepts ◽  
Opening Up

A new approachIus Constitutionale Commune en América Latina (ICCAL) constitutes a new approach to constitutionalism in the region. It has transformative aims and draws its energy from the perception of unacceptable conditions of a systematic nature. Like many legal concepts it refers both to positive law as a well as to the legal discourse connected to it. In terms of positive law, it is above all based upon the American Convention on Human Rights and other inter-American legal instruments, the concordant guarantees of national constitutions, the constitutional clauses opening up the domestic legal order to international law as well as pertinent national and international case law. In terms of legal discourse it is characterized by a disciplinary combination of national and international legal scholarship, a comparative mindset, and a methodological orientation towards principles.The proponents of this approach set a stark accent on rights and the transformation of political and social realities but reject plebiscitary presidentialism and the centralization of power as a transformative strategy. Accordingly, the separation of powers and independent institutions are accorded great weight. ICCAL supports the regionally secured realization of the central promises of national constitutions, the embedding of the national legal orders in a larger context, and the transformation of society through law.

EFEKTIVITAS PELAKSANAAN PERATURAN PENCATATAN PERCERAIAN DI KANTOR URUSAN AGAMA

2020 ◽  
Vol 6 (1) ◽  
pp. 1-15
Author(s):  
Juriyana Megawati Hasibuan Dan Fatahuddin Aziz Siregar
Keyword(s):  
Islamic Law ◽  
The State ◽  
Judicial Process ◽  
Positive Law ◽  
State Administration ◽  
Shipping Costs ◽  
The Status ◽  
Happy Marriage ◽  
Religious Courts ◽  
Laws And Regulations

Marriage is a sacred bond which is ideally only held once in a lifetime. Both Islamic law and positive law require an eternal happy marriage. To support this the Koran proclaims marriage as mitsaqan galiza. The marriage is then registered in the state administration. In line with this, the laws and regulations are formulated in such a way as to make divorce more difficult. However, when there are acceptable reasons and due to coercive conditions, divorce can be done through a judicial process. The divorce must then be registered by taking certain procedures. The court delivered the notice and sent a copy of the decision to the marriage registrar to file the divorce properly. The implementation of this divorce record was not effective. The separation of the Religious Courts Institution from the Ministry of Religion has become a factor that causes the registration task not to be carried out. The loss of the obligation to submit a copy of the decision on the judge's ruling caused the recording to be constrained. The unavailability of shipping costs also contributed to the failure to register divorce. Even though there is a threat to the Registrar who neglects to deliver a copy of the verdict, unclear sanctions make this ineffective. As a result of the lack of recording of divorce, the status of husband and wife becomes unclear and opens opportunities for abuse of that status.

The Interdisciplinary Functional-Dynamic Approach to the Analysis of the Political System of Modern Society

2020 ◽  
pp. 83-89
Author(s):  
D. V. Bobrov ◽  
A. A. Shulus ◽  
F. F. Farisov
Keyword(s):  
Social Sciences ◽  
Political System ◽  
Modern Society ◽  
The Political ◽  
Dynamic Approach ◽  
Communication Subsystems ◽  
Interdisciplinary Study ◽  
Technological Communication

The authors analyze different approaches to the study of the political system of society (PSO) in various social sciences. The prospects of an interdisciplinary study of PSO based on the llocation of several subsystems with various functions are substantiated. The characteristic of various functional subsystems of the PSO is given, among them: institutional, regulatory, ideological, technological, communication subsystems

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