Guest Editors’ Introduction: Towards Utopia – Rethinking International Law

2018 ◽  
Vol 60 (1) ◽  
pp. 315-334
Author(s):  
Jens T. Theilen ◽  
Isabelle Hassfurther ◽  
Wiebke Staff
Keyword(s):  
Social Change ◽  
International Law ◽  
Special Section ◽  
Legal Scholarship ◽  
The Face ◽  
Critical Approaches

In the face of recent challenges to international law and its institutions, a sense of despair and resignation pervades some parts of international legal scholarship – a mindset which may work to close off the ability to think, feel, and imagine alternatives. As a counterpoint to such despair, this paper explores the potential of utopianism as a framework for rethinking international law which provides grounds for hope. Building on the articles contained in the Special Section “Towards Utopia – Rethinking International Law” which it introduces, the paper discusses three topoi of utopianism in relation to international law: first, the diversity of utopian approaches, ranging from grand blueprints to everyday utopias; second, the relation of utopianism to critique, and specifically to critical approaches to international law; and third, the complicated role of international law in relation to social change.

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.

Regulation

2020 ◽  
pp. 372-381
Author(s):  
Lawrence Gostin
Keyword(s):  
Public Health ◽  
International Law ◽  
Legal Change ◽  
The Face ◽  
Public Health Officials ◽  
The Law ◽  
The Impact

The objectives of this chapter are to help you understand: the impact of legislation, regulations, and litigation on the public’s health; the powers, duties, and restraints imposed by the law on public health officials; the potential of legal change to improve the public’s health; the role of international law and institutions in securing public health in the face of increasing globalization.

scholarly journals The Future of International Legal Scholarship: Some Thoughts on ‘Practice’, ‘Growth’, and ‘Dissemination’

2013 ◽  
Vol 27 (1) ◽  
pp. 1-10 ◽  
Author(s):  
CARSTEN STAHN ◽  
ERIC DE BRABANDERE
Keyword(s):  
International Law ◽  
Legal Discourse ◽  
Legal Scholarship ◽  
Self Reflection ◽  
The Past ◽  
Niche Area ◽  
And Function ◽  
Changing Role ◽  
Role And Function

Like international legal scholarship, LJIL is in transition. Our colleagues, Larissa van den Herik and Jean d'Aspremont, who have shaped much of the role and plural identity of the journal over the past decade, in collaboration with our different sections, have passed leadership on to us, the new team of (co-)editors-in-chief. This editorial reflects on the changing role and function of scholarship in international law, a theme important to our predecessors and ourselves. This is to some extent a niche area. It has not received much attention in discourse. With some notable exceptions, legal journals are typically reluctant to address overarching meta-issues of discourse, i.e. issues of production of scholarship, the role of journals vis-à-vis other media, or the broader direction of the development of international legal scholarship. Such issues might be perceived as non-scientific by some. We feel that it is important to include such dimensions, including critical self-reflection on our discipline, in international legal discourse.

Part III The Limitations and Role of the Persistent Objector Rule, 8 Maintaining Exemption: ‘Fundamental’ Norms and Extra-Legal Factors

2016 ◽  
Author(s):  
Green James A
Keyword(s):  
International Law ◽  
Actual State ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Customary International Law ◽  
State Practice ◽  
The Face ◽  
Jus Cogens

A notable minority critique of the persistent objector rule is that the rule is not supported by actual state practice. The first part of this book dismissed these critiques. This chapter explores the ‘softer’ versions of the persistent objector rule. The first is that persistent objection is not permissible in relation to particularly ‘fundamental’ customary international law norms, even those that have not attained jus cogens status. This claim has most commonly been made with regard to norms of customary international human rights law. The chapter then turns to a related claim made by critics of the persistent objector rule, which is that it is commonly unavailing, not just in the face of especially ‘fundamental’ norms, but in general.

scholarly journals Teacher in the face of educational change – from service to resistance

2019 ◽  
pp. 309-324 ◽  
Author(s):  
Barbara Smolińska-Theiss
Keyword(s):  
Social Change ◽  
Educational Change ◽  
Professional Groups ◽  
The Face ◽  
The Government ◽  
Role Of Parents

The changes in Polish education so far have focused on the following slogans: democracy,socialization, subjectivity, social change. The role and problems of teachers were pushed into the background. As a result, teachers have become one of the most financially marginalized professional groups. In the struggle for their rights, they first resorted to group dispute and then to strikes. Negotiations with the government on remunerations were not successful. After 21 days, the strike was suspended. This was the largest, the longest protest of teachers to date, the scope of which went beyond wage problems. What were the expectations of teachers with respect to educational authorities, what problems did they report, which environments supported striking teachers, what was the role of parents, what opinions did the teachers struggle with? These questions were answered by teachers in the ZNP Głos Nauczycielski magazine. They are the basis for the analysis of a new phenomenon, recognized to little extent in Polish pedagogy, related to teachers’ resistance to authorities.

Literal ‘Decolonization’

2019 ◽  
pp. 383-403
Author(s):  
Christopher Gevers
Keyword(s):  
International Law ◽  
Legal Scholarship ◽  
Post Colonial

This chapter explores the role of African scholars in the context of the battle for international law. It focuses on scholars who were less prominent than Taslim O Elias or Mohammed Bedjaoui, but who also played an important role in internal African debates on post-colonial international law. It touches on the contextual nature of decolonization and the various viewpoints established by African scholars and provides a more nuanced account of African international legal scholarship. In taking this direction, the chapter thus attempts, within the scholarship and literature of decolonization, to unearth original voices that have largely been forgotten outside of Africa.

The Role of Academics in the Legal System

2005 ◽  
Author(s):  
William Twining ◽  
Ward Farnsworth ◽  
Stefan Vogenauer ◽  
Tesón Fernando
Keyword(s):  
United Kingdom ◽  
International Law ◽  
Legal System ◽  
Civil Law ◽  
Legal Scholarship ◽  
The United Kingdom ◽  
System P ◽  
The Relationship

This article considers the ways in which legal scholars relate to and participate in practical legal affairs. The discussion covers audiences and influence of legal scholars in the United Kingdom; the relationship between the American legal academy and the institutions; civil law systems; the nature of international legal scholarship; and the influence of international legal scholars on international law.

scholarly journals Beyond Borders, Beyond States: Artistic and Historical Aviation Perspectives

2021 ◽  
Vol 3 (1) ◽  
pp. 86-95
Author(s):  
Ina Neddermeyer ◽  
Jürgen Bleibler
Keyword(s):  
Special Section ◽  
Central Question ◽  
Critical Approaches ◽  
Historical Question

Proceeding from the historical question of the regulation of airspace, this essay examines the current and future significance of borders and the central question of statehood, for the special section of this issue, Art & Borders. The authors draw on their experience as curators of the 2021 exhibition Beyond States: The Boundaries of Statehood at the Zeppelin Museum in Friedrichshafen, Germany, to reveal the role of ballooning aviation and critical approaches of artists towards border regimes 

Scripting Sounds and Sounding Scripts

2020 ◽  
pp. 102-136
Author(s):  
Becky L. Schulthies
Keyword(s):  
National Identity ◽  
Social Change ◽  
Public Discourse ◽  
Mobile Apps ◽  
Political Movements ◽  
The Face ◽  
Acoustic Environments ◽  
Visual Graphic ◽  
Writing Movements

Building from the rhymed prose register, chapter four analyzes the ways laments about Arabic writing have shaped practices of phatic connection in Fez. I look at the ways Fassis engaged darīja writing as a blending of multisensory channels tied to specific media platforms: folklore books, WhatsApp, advertising billboards, and newsprint. Instead of foregrounding the aural/spoken soundscape or the visual/graphic linguascape, I examine the intertwining of these sensorial channels in the sounding of darīja script and scripting of darīja sounds by reading subjects, everyday Moroccans who authorized themselves to weigh in on the politics of writing. Scholars have written about Arabic soundscapes, the acoustic environments, listening practices, and ritual sounding in which Arabic shapes public discourse and Muslim subjects. Others have focused on the emergence of Arabic dialect writing movements as expressions of political movements, local advertising campaigns, and youth-driven social change movements. Both the soundscape and darīja writing literatures hint at the multisensory channel practices and ideologies mobilized to make Moroccan persons, and they include laments about modality failures that motivated writing changes in the last decade. In the face of debates about the role of language in Moroccan national identity, Fassi everyday scriptic heterogeneity pointed to a practice of ambivalence toward written darīja in specific media platforms (billboards, websites, and mobile apps), but not others (books and newsprint). The platforms of writing mattered to the phatic work of making Moroccans in Fez.

Regulation

2013 ◽  
pp. 328-336
Author(s):  
Lawrence Gostin
Keyword(s):  
Public Health ◽  
International Law ◽  
Legal Change ◽  
The Face ◽  
Public Health Officials ◽  
The Law ◽  
The Impact

The objectives of this chapter are to help you understand the impact of legislation, regulations, and litigation on the public’s health, the powers, duties, and restraints imposed by the law on public health officials, the potential of legal change to improve the public’s health, andthe role of international law in securing public health in the face of increasing globalization.

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