Sports competitions as an atypical way to recognize ad hoc in international law

2020 ◽  
pp. 87-92
Author(s):  
Ivan Shchehlakov
Keyword(s):  
International Relations ◽  
International Law ◽  
Ad Hoc ◽  
The State ◽  
The Other ◽  
International Exchange ◽  
Intercultural Dialogue ◽  
Main Body ◽  
Legal Consequences ◽  
Problem Setting

Problem setting. Nowadays there are frequent cases of sports competitions between states, which are not formally a recognition of the state, but show the establishment of certain relations between the states, one of which does not recognize the other one. In addition, since the second half of the 20th century sport has become an integral part of international relations. Furthermore, it contributes to the intensification of international exchange, allowing people to establish intercultural dialogue and overcome political nature’s conflicts. Target research. To determine the legal consequences of sports competitions between states, one of which is not recognized by the other, and to find out whether these cases constitute an ad hoc recognition. Analysis of recent researches and publications. The topic of recognition in international law was an object of research of a large number of both domestic and foreign scientists, among which Janatayev H. M., Mitik O. V., Tunkin G. I., Holina E. A., Feldman D. Yi., whose doctrinal developments provide an important theoretical basis for studying the issue of determining atypical ways of an ad hoc recognition. Article’s main body. Features of ad hoc recognition were analyzed in the article. It was established that for an ad hoc recognition a participation of official representatives of the states in negotiations are important. It is also determined that competitions with the participation of Kosovo Republic and other states which did not recognize it, are recognition ad hoc. Conclusions and prospects of development. It is proposed to consider the participation of non-State entities, which are authorized by the State to represent it in certain sports, in preparation for inter-state competitions in which the states, one of which do not recognize the other one, take part as an ad hoc recognition.

An issue of legal personality of Kyivan Rus’ in Ukraininan law science

2021 ◽  
Author(s):  
Marina Okladnaya ◽  
Vadym Ptytsia
Keyword(s):  
International Relations ◽  
International Law ◽  
General Position ◽  
The State ◽  
Main Body ◽  
Complex Issue ◽  
Legal Personality ◽  
History Of ◽  
History Of International Law ◽  
Problem Setting

Problem setting. Legal personality of Kyivan Rus’ is very complex issue, which contains elements such as contract law, law of war, ambassadorial law, general position of the state in the international relations sphere. The condition of Kyivan Rus’ in medieval history can be determined only after analyzing researches of well-known scientists, who had different opinions on this subject. In spite of the fact that a lot of researches were made on this topic, there is no clear and unambiguous answer to the question: “was Kyivan Rus’ independent and equal subject of international law?” In our opinion, this topic is actual even nowadays, because without an analysis of the issue it is impossible to form a modern understanding of Ukrainian statehood and its features in different periods. Analysis of recent researches and publications. Valuable contribution to the research of Kyivan Rus’ position in international relations sphere were made by lots of scientists in areas of Ukrainian history and history of international law such as O. Zadoroznyi, P. Tolochko, O. Butkevich, A. Dmitriev, Y. Dmitriev, M. Kotlyar, V. Pashuto, D. Feldman, V. Butkevich, I. Shekera, O. Pavlenko etc. Target of research is to analyze and compare opinions of different authors on the issue of determining Kyivan Rus’ as legal entity of international law. To achieve this target these tasks have to be solved: to research and analyze modern scientists’ studies about the position of Kyivan Rus’ in international law sphere in medieval period; to compare scientists’ views on legal personality of the state and come to a certain conclusion on this issue. Article’s main body. In this article author analyzes different periods of Kyivan Rus’ existence, general position of the state in international relations sphere and opinions of different scientists on this subject. Also, the article provides a comparison of scientists’ views on the topic of legal personality of international law of Kyivan Rus’. Conclusions. Kyivan state in different periods of its existence was in various international legal positions. Despite of the fact, that features of international law of Kyivan Rus’ is a topic for controversy, Ukrainian and foreign scientists came to the conclusion that Rus’ was full-fledged subject of international law and after its collapse it revived in the Principality of Galicia-Volhynia, Zaporozhian Sich and the Cossack Hetmanate, Ukrainian People’s Republic, UkSSR (as independent UN member) and modern independent Ukraine.

BERLAKU DAN KEABSAHAN PERJANJIAN INTERNASIONAL DALAM PANDANGAN HUKUM INTERNASIONAL

2019 ◽  
Vol 1 (1) ◽  
pp. 95-103
Author(s):  
Komang Sukaniasa
Keyword(s):  
International Law ◽  
International Agreements ◽  
The State ◽  
International Agreement ◽  
International Treaties ◽  
International Treaty ◽  
Binding Force ◽  
International Rights ◽  
Legal Consequences ◽  
Made In

International agreements are agreements between international subjects that give rise to binding obligations in international rights, which can be bilateral or multilateral. Based on these opinions, an understanding can be taken that international treaties are agreements or agreements entered into by two or more countries as subjects of international law that aim to cause certain legal consequences. International agreements, whether ratified or through approval or acceptance or accession, or other methods that are permitted, have the same binding force as ratified international treaties established in the Ratification Law of International Treaties. Once again, it is equally valid and binding on the state. Therefore, the authors consider that the position of international treaties are not made in the form of the Ratification Act of the International Agreement but are binding and apply to Indonesia. Then Damos Dumoli Agusman argues that ratification originates from the conception of international treaty law which is interpreted as an act of confirmation from a country of the legal acts of its envoys or representatives who have signed an agreement as a sign of agreement to be bound by the agreement.

Hobbes among the Classic Jurists

2018 ◽  
Author(s):  
David Boucher
Keyword(s):  
International Relations ◽  
International Law ◽  
The State ◽  
Law Of Nature ◽  
Law Of Nations ◽  
Complete Identification ◽  
The Law ◽  
The Individual ◽  
Hedley Bull ◽  
Hans Morgenthau

The classic foundational status that Hobbes has been afforded by contemporary international relations theorists is largely the work of Hans Morgenthau, Martin Wight, and Hedley Bull. They were not unaware that they were to some extent creating a convenient fiction, an emblematic realist, a shorthand for all of the features encapsulated in the term. The detachment of international law from the law of nature by nineteenth-century positivists opened Hobbes up, even among international jurists, to be portrayed as almost exclusively a mechanistic theorist of absolute state sovereignty. If we are to endow him with a foundational place at all it is not because he was an uncompromising realist equating might with right, on the analogy of the state of nature, but instead to his complete identification of natural law with the law of nations. It was simply a matter of subject that distinguished them, the individual and the state.

Between the utopian imaginaries of literature and international law: The question of the insurgent child in international legal discourse and Kris Montañez’s Youth

2021 ◽  
pp. 1-20
Author(s):  
José Duke S. Bagulaya
Keyword(s):  
Civil War ◽  
International Law ◽  
Legal Discourse ◽  
The State ◽  
The Other ◽  
State Of Exception ◽  
Utopian Vision ◽  
The World ◽  
Realistic Representation ◽  
The One

Abstract This article argues that international law and the literature of civil war, specifically the narratives from the Philippine communist insurgency, present two visions of the child. On the one hand, international law constructs a child that is individual and vulnerable, a victim of violence trapped between the contending parties. Hence, the child is a person who needs to be insulated from the brutality of the civil war. On the other hand, the article reads Filipino writer Kris Montañez’s stories as revolutionary tales that present a rational child, a literary resolution of the dilemmas of a minor’s participation in the world’s longest-running communist insurgency. Indeed, the short narratives collected in Kabanbanuagan (Youth) reveal a tension between a minor’s right to resist in the context of the people’s war and the juridical right to be insulated from the violence. As their youthful bodies are thrown into the world of the state of exception, violence forces children to make the choice of active participation in the hostilities by symbolically and literally assuming the roles played by their elders in the narrative. The article concludes that while this narrative resolution appears to offer a realistic representation and closure, what it proffers is actually a utopian vision that is in tension with international law’s own utopian vision of children. Thus, international law and the stories of youth in Kabanbanuagan provide a powerful critique of each other’s utopian visions.

scholarly journals Some problems of ad hoc recognition in the modern international law

2020 ◽  
pp. 23-27
Author(s):  
Ivanna Maryniv ◽  
Alyona Morozova
Keyword(s):  
International Law ◽  
Ad Hoc ◽  
International Community ◽  
Scientific Article ◽  
Main Body ◽  
Practical Application ◽  
State Recognition ◽  
Scientific Papers ◽  
Theoretical Issues ◽  
Official Recognition

Formulation of the problem. The article deals with general theoretical issues related to the institution of international legal recognition. The basic theories of state recognition, problems arising in connection with their practical application and forms of state recognition are studied. Questions are raised about the problem of codification of this institution. Particular attention is paid to the practice of forced relations with unrecognized states. With the growth of globalization, the question of the formation of unrecognized states is becoming more frequent and more acute. In an interdependent, interconnected world that is gaining global integrity, one of the highest values has become independent statehood. The emergence of unrecognized states is a global problem for the international community, which cannot always be resolved even by such influential and powerful organizations as the UN and NATO. Analysis of recent research and publications. Among scholars who specialize in international law, there are many scientific papers on the problems of recognition. M. Aleksievets, S. Vidnyansky, V. Golovchenko, A. Zlenko, O. Ivchenko, B. Korneenko, Y. Makar, V. Matvienko, L. Chekalenko and many other domestic authors devoted their works to this issue. The purpose of the scientific article is a general overview of theories, procedures, forms of recognition of states, and the study of relevant practices in this area. Article’s main body. The article deals with issues related to the international recognition of the newly created states by other states. In this regard, there are a number of unresolved issues in international law in terms of their justification and regulation. The authors point out that when a new state is created, the international community should cooperate in some way with it, and there are no certain international norms on how to act. The article examines the main provisions of theories of recognition of states: constitutive and declarative, and the problems that arise in connection with their practical application. The authors consider the thesis that there is a world practice when states can enter into certain relations with other states before their official recognition, explaining this by the existence of three possible forms of recognition: “de jure”, “de facto”, “ad hoc”. At the same time, diplomatic relations and exchange of embassies arise only during the official recognition – recognition “de jure”. Conclusions and prospects for the development: The lack of an international act that would define the procedure and criteria for the recognition of states is due to the uniqueness of each case and the complex system of international relations. Currently, there are no clear and specific criteria that would determine when and under what conditions a new state can be recognized or not recognized by the international community. The emergence of an increasing number of unrecognized states in the international arena requires new approaches and research.

Stages of the formation of treaty law in the history of international law

2021 ◽  
pp. 90-95
Author(s):  
Marina Okladnaya ◽  
Anastasia Pererodova
Keyword(s):  
International Relations ◽  
International Law ◽  
Main Body ◽  
International Treaties ◽  
International Treaty ◽  
Treaty Law ◽  
History Of ◽  
The Law ◽  
History Of International Law ◽  
Historical Periods

Problem setting. An international treaty is an agreement between two or more subjects of international relations concerning the establishment, modification or termination of mutual rights and obligations. In modern time an international treaty is the universal and primary source of international law and, at the same time, the law of treaties as a branch of international law occupies a central place in this system. The role of the treaty is constantly increasing, so it is important to study how treaty law was formed in order to understand how it has changed over history, and what factors have influenced the formation of the main branch of international law. Analysis of recent researches and publications. The law of international treaties causes increased attention of lawyers to the study, research and analysis of its main aspects. Among the domestic and foreign scholars who have made a significant contribution to the study of the law of treaties can be distinguished such as V. Butkevich, Y. Brownlie, A. Talalaev, O. Merezhko, O. Nazarenko, F. Martens, V. Shurshalov, I. Lukashuk, O. Zadorozhniy and others. Target of research. Study of international treaty at different stages of formation of international law, analysis and comparison of forms, content, functions and significance of the treaty in different historical periods. Article’s main body. The article is devoted to the development and formation of the basic branch of international law – treaty law. It studies the stages of formation of the institute of treaty law during different periods of history, identifies the features of the treaty at each stage of formation. Conclusions and prospects for the development. The agreement is an important and necessary instrument of interaction and communication between people, it establishes ties between peoples and states, helps to resolve conflicts, that is why the signing of treaties is a significant mechanism for the regulation of human relations since ancient times. In this article we have traced how different historical periods influenced the formation of international treaty law, which events were of key importance for the development of international law in general. Throughout the history of international law, the treaty has undergone a number of transformations of its forms, types and procedures of conclusion. The treaty form of consolidation of international relations is the basis of stability and efficiency of the legal order in international law. At the present time, the law of international treaties is a self-sufficient, developed branch and system of international law. It is the key branch of international law with its institutions, low basic principles, and continues to develop rapidly and irreversibly.

The Ban on the Use of Force in the UN Charter

2016 ◽  
Author(s):  
Nico Schrijver
Keyword(s):  
International Relations ◽  
International Law ◽  
Legal Status ◽  
Use Of Force ◽  
The Other ◽  
General Assembly ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
History Of

This chapter focuses on Article 2(4) of the UN Charter, which prohibits the use of force in international relations. After discussing pre-Charter attempts to restrict states’ freedom to resort to warfare, it examines the emergence of a normative doctrine on a bellum justum. It considers the history of Article 2(4) and the other articles of the Charter that touch on the use of force and outlines exceptions to the prohibition on the use of force, including the so-called Uniting for Peace procedure. It examines the interpretation of Article 2(4) in the practice of the General Assembly, Security Council, and International Court of Justice), together with its inclusion in a number of multilateral treaties. Finally, it assesses the question whether the use of force after 1945 conforms to the object and purpose of Article 2(4), as well as the legal status of the prohibition to use force in contemporary international law.

Part I Conclusion of Treaties, 4 Legal Consequences of an Impermissible Reservation to a Human Rights Treaty: Where Do We Stand?

2011 ◽  
Author(s):  
Simma Bruno ◽  
Hernández Gleider I
Keyword(s):  
Human Rights ◽  
International Law ◽  
The State ◽  
The Body ◽  
Special Rapporteur ◽  
Central Question ◽  
Human Rights Treaties ◽  
International Law Commission ◽  
Legal Consequences ◽  
Law Commission

The Vienna Convention's regime on reservations is particularly unfit to cope with the specific characteristics of human rights treaties due to the very limited and particular role played by reciprocity and the ‘inward-targeted’ nature of the obligations stipulated in such instruments. Regional human rights courts and UN human rights treaty bodies have developed certain methods of monitoring the reservations practice of states parties to the respective instruments, but a central question has hitherto remained very controversial, namely that of the legal consequences of a reservation to a human rights treaty which is considered incompatible with that treaty's object and purpose and therefore impermissible. After many years of dealing with the topic of reservations, the UN International Law Commission has finally addressed this issue: Special Rapporteur Alain Pellet has proposed a solution which finds itself essentially in accord with the ‘severability’ doctrine advocated by the human rights community, reconciling this approach and the principle of treaty consent through the introduction of a presumption of severability of an invalid reservation from the body of a human rights treaty, to which the State making such a reservation will then remain bound in full. This chapter supports the Special Rapporteur's proposal, traces its development, and discusses both the advantages and the specific challenges posed by a presumption of severability.

Intervention: Individual and Collective

1945 ◽  
Vol 39 (4) ◽  
pp. 645-663 ◽  
Author(s):  
Charles G. Fenwick
Keyword(s):  
Civil War ◽  
International Law ◽  
The State ◽  
The Other ◽  
Central Theme ◽  
Entire Volume ◽  
Foreign Government ◽  
Internal Affairs ◽  
The Right

Of all the terms in general use in international law none is more challenging than that of “ intervention.” Scarcely any two writers are to be found who define this term in the same way or who classify the same situations under it. To one writer it is the interference of one state in the affairs of another; to a second writer it is “ unwarranted” interference; to a third it is interference in the domestic or internal affairs of the state; to a fourth it is interference in external as well as internal affairs. Some writers include interference of a third state between two belligerents in time of war, by taking sides with one against the other; others include only interference between the parties to a civil war. Some include “ diplomatic intervention,” where the intervening state interferes in behalf of its citizens in cases of alleged denial of justice by the other state; others regard such interference merely as “ interposition,” since it does not involve an attempt to control the character of the foreign government but merely to influence its conduct. Many jurists regard all intervention as illegal; an American jurist constructs an entire volume on international law around the central theme of the right of intervention.

Agency in International Law

1940 ◽  
Vol 34 (4) ◽  
pp. 638-660 ◽  
Author(s):  
Angelo Piero Sereni
Keyword(s):  
International Law ◽  
The Other ◽  
Legal Effect ◽  
Legal Consequences ◽  
As If

I. In the field of international law every subject generally acts in person, through its own organs, without resorting to cooperation with other subjects. However, international practice shows that members of the community of nations sometimes act on behalf of other members, with the legal effect that the transactions performed by the acting subject in the name and for the account of the other have for the latter the same legal consequences as if it had acted in person. This happens, for example, when a state, duly authorized, concludes through its own organs a treaty for another state: the latter is thus bound by the treaty exactly in the same way as if it had concluded the treaty itself, through its own organs. This legal phenomenon implies a split between the immediately acting international person and the person to whom the legal effects of these acts are imputed.

Sign in / Sign up

Export Citation Format

Share Document