scholarly journals Ewolucja chińskiego protokołu i zwyczajowego prawa dyplomatycznego od XVI do XIX w.

2020 ◽  
pp. 151-161
Author(s):  
Szymon Wiśniewski
Keyword(s):  
Foreign Policy ◽  
International Relations ◽  
International Law ◽  
European Countries ◽  
Subjective Feeling ◽  
Common Language ◽  
Customary International Law ◽  
Chinese Empire

The evolution of Chinese protocol and customary diplomatic law in contacts with European countries from the 16th to the 19th centuries From the earliest times, diplomatic protocol has been one of the most important instruments of foreign policy. It facilitates establishing relationships in the international arena by creating a common language of communication. The aim of diplomatic protocol is to create an atmosphere of respect, recognition, and harmony in international relations. To a large extent, it is the result of customary international law, which consists of two basic elements. Firstly, one comes from the practice of states, viewed objectively, and secondly, from opinio iuris, i.e. the subjective feeling that this procedure is a kind of law. For many centuries, the Chinese Empire used these two tools to conduct foreign policy, in particular with European countries with which relations were not based on the principle of equality and respect for sovereignty. The purpose of this article is to indicate how China used protocol and customary diplomatic law to achieve its goals in the international arena.

scholarly journals Customary International Rules in Contemporary International Law // Međunarodna običajna pravila u savremenom međunarodnom pravu

2019 ◽  
Vol 9 (9) ◽  
pp. 136
Author(s):  
Duško Glodić
Keyword(s):  
International Relations ◽  
International Law ◽  
Legal Framework ◽  
International Community ◽  
Point Of View ◽  
Customary International Law ◽  
Practical Point ◽  
Legal Norms ◽  
State Practice ◽  
The Creation

This article explores the role and importance accorded to customary international law in contemporary international law. First of all, the author has explored a number of issues related to this topic. Particluarly, the manner in which norms of customary international law are being established through the relevant State practice and the formation of opinio juris, as well as how the changes in contemporary international relations generated some chages in custromary international law were examined from both theretical and practical point of view. Than, the article elaborated, in a more concrete manner, different ways of impact of changes in international relations and subjects of international law to the formation of customary international rules. It has also paid attention to the evolution in international law and its reflection to the creation of international legal norms, including customary rules. The article concluded that, despite an ever increasing number of treaties, customary rules are still present in international law and are important for regulation of international relations, thus ensuring that dynamics and developments within the international community are followed by the development of legal framework.

Conclusion

After Lavinia ◽  
2017 ◽  
Author(s):  
John Watkins
Keyword(s):  
Foreign Policy ◽  
Cold War ◽  
International Relations ◽  
First Century ◽  
European Countries ◽  
The West ◽  
Post Cold War ◽  
Northern European ◽  
Global Peace ◽  
Legal Rationality

This concluding chapter reflects on marriage in the contemporary West, noting that it has become an affective arrangement. In Britain and the northern European countries that still retain a constitutional form of monarchy, twenty-first-century royalty now prefer their own subjects as marriage partners, even if it means marrying a commoner like Kate Middleton. To the extent that these marriages to indigenous commoners have any bearing on foreign policy, they reaffirm the nationalist sentiments of the post-Westphalian state. The chapter argues that, despite all the legal rationality, global peace remains as elusive now as it was when Europeans tried to settle their quarrels through interdynastic marriage. It suggests that the opposition between the West and its post-Cold War enemies has brought the matter of gender and the place of women once more to the center of international relations.

Cooperative Radio Agreements

1952 ◽  
Vol 6 (3) ◽  
pp. 396-406
Author(s):  
Arno G. Huth
Keyword(s):  
International Relations ◽  
International Law ◽  
Western Europe ◽  
Cultural Factors ◽  
European Countries ◽  
International Agreement ◽  
Mass Communications ◽  
Economic Interests ◽  
Practical Consequence ◽  
Economic Ties

There is today a new kind of international agreement which, going beyond general provisions and vague expressions of goodwill, has proved to be of immediate, practical consequence. Cooperative radio agreements or, as they are sometimes called, “agreements for mutual assistance”, provide the legal and organizational framework for international relations among broadcasting services in sixteen European countries. At the same time, some of them constitute a basis for the collaboration and coordination of communist-controlled stations, and thus for spreading and strengthening Soviet propaganda; they effectively supplement military and economic ties of the Cominform group in the fields of information and mass communications. Their provisions reflect a new trend in international law, taking into account technical and cultural factors as well as legal considerations, political and economic interests. Although no less than thirty-two agreements have been concluded during the last five years – some also by broadcasting organizations in western Europe – they are little known outside the countries directly concerned.

ENGAGING WITH INTERNATIONAL LAW

2020 ◽  
Vol 69 (3) ◽  
pp. 505-519
Author(s):  
Abdulqawi Ahmed Yusuf
Keyword(s):  
International Relations ◽  
International Law ◽  
Self Determination ◽  
Past Century ◽  
Common Language ◽  
Privacy Rights ◽  
The Past ◽  
International Obligations ◽  
Multilateral System ◽  
Positive Evolution

AbstractThis article considers the positive evolution of international law in the past century, and the emergence of a rules-based multilateral system under the UN Charter, which has, inter alia, enabled formerly colonised peoples to exercise their right to self-determination and prohibited the use of force in international relations. The author reaffirms his faith in the ability of international law to provide a common language for the international community to face successfully common challenges, such as poverty, global warming, and the protection of privacy rights in the era of social media and artificial intelligence. Looking beyond traditional beneficiaries and duty-bearers of international obligations, the author makes a case for all actors to engage in respecting, upholding and promoting international law.

The Status of Agents on Special Mission in Customary International Law

1979 ◽  
Vol 16 ◽  
pp. 157-196 ◽  
Author(s):  
Michael H. Ryan
Keyword(s):  
International Relations ◽  
International Law ◽  
Political Representation ◽  
Customary International Law ◽  
Rapid Succession ◽  
The World ◽  
The Status ◽  
High Level ◽  
Scientific Questions ◽  
Conferences And Congresses

As international relations grow in their scope and intensity, it is not surprising to find the traditional modes of diplomatie intercourse, centred around the permanent mission, giving way in many spheres to new forms of contact among nations that are more adapted to the exigencies of modem statecraft. Rapid communications and transportation have rendered superfluous or obsolete many of the functions which historically have been the preserve of the sedentary diplomat. Summit meetings, high level talks, and “shuttle diplomacy” provide a more direct and immediate means of communication which is resorted to with increasing frequency in a time when the world seems confronted with a rapid succession of crises. Moreover, the permanent mission, which evolved at a time when diplomacy was concerned primarily with the maintenance of political representation in foreign capitals, is not always well suited as an agency for participation in international conferences and congresses or negotiations on highly technical or scientific questions. These are matters which in recent years have become of increasing importance in the conduct of international relations.

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.

Features of “Soft Power” in the Eurasian Economic Union and the Role of Russia

2020 ◽  
pp. 135-150 ◽  
Author(s):  
Natalia Markushina
Keyword(s):  
Foreign Policy ◽  
International Relations ◽  
Soft Power ◽  
Foreign Affairs ◽  
Modern Theory ◽  
Common Language ◽  
Eurasian Economic Union ◽  
The World ◽  
Eurasian Region

The chapter is devoted to the problem of the formation of “soft power” in the Eurasian space. All attempts to find a common language between states in the world lead to the fact that an appeal to “soft power” appears more and more often on the states' agenda as a tool of achieving the goals of the states, including the states of Eurasian region. The concept of “soft power”, introduced into the circulation of the modern theory of international relations by J. Nye, is being actively discussed in Russia. In recent years, President V. Putin and Minister of Foreign Affairs of Russia S. Lavrov were repeatedly called upon to multiply the Russian resource of “soft power” for solving foreign policy tasks. Undoubtedly, this is also valid when we speak about Eurasian integration.

Customary International Law and U.S. Judicial Power

2020 ◽  
pp. 251-264
Author(s):  
Thomas H. Lee
Keyword(s):  
United States ◽  
Human Rights ◽  
Foreign Policy ◽  
International Law ◽  
Foreign Relations ◽  
The United States ◽  
Federal Courts ◽  
Judicial Power ◽  
Customary International Law ◽  
The Third

This chapter describes specific points of divergence between the Third and Fourth Restatements of the Foreign Relations Law of the United States regarding how U.S. courts should engage with customary international law. The Third Restatement, adopted in 1987, envisioned U.S. courts fluent in and engaged with international law, deploying a U.S. foreign relations jurisprudence in dialogue with international law and lawyers. Customary international law was a central feature of this vision because it was the prime pathway for human rights litigation in federal courts when U.S. treaty-based human-rights initiatives had stalled. Appearing thirty years later, the Fourth Restatement exhibits a fundamentally different orientation toward customary international law. Customary international law is no longer embraced as it was in the Third Restatement as an opportunity to play offense, to advance the international law of human rights. That vision inspired a reaction among some U.S. legal scholars who questioned the U.S. federal law status of customary international law and the legitimacy of U.S. judges advancing the customary international law of human rights. The Fourth Restatement seeks a middle ground by defending against this revision of customary international law’s status role in the United States, concerned that the revisionist view might encourage and provide cover for U.S. courts to dismiss cases and claims with foreign policy ramifications that they should be adjudicating. The approaches of the two Restatements, taken together, have contributed to the disengagement of U.S. judges from customary international law altogether, to the detriment of U.S. conduct of foreign policy and contrary to the original constitutional specification of the judicial power of the United States as reflected in Article III, the Judiciary Act of 1789 that established the federal courts, and early historical practice.

International Law and Foreign Policy

2017 ◽  
Author(s):  
Joel H. Westra
Keyword(s):  
Decision Making ◽  
Foreign Policy ◽  
World War Ii ◽  
International Relations ◽  
International Law ◽  
Policy Decision ◽  
Legal Compliance ◽  
State Behavior ◽  
Transnational Actors ◽  
Policy Decision Making

Policymakers regularly face decisions pertaining to the making of international law and compliance with international law. International relations scholars have attempted to explain the broad patterns of state behavior that emerge from such decisions by approaching international lawmaking and international legal compliance from the perspectives of state power, interests, and identity. These explanations reflect the growing interdisciplinary connections between the study of international law and the study of international relations. Although there have been fewer interdisciplinary connections between the study of international law and models of foreign policy decision-making, closer examination of each of the main international relations approaches to international lawmaking and international legal compliance suggests corresponding models of foreign policy decision-making. Further work remains to develop these connections and to incorporate transnational actors and processes into the analysis of foreign policy decision-making. Such work has both scholarly and practical relevance, insofar as foreign policy decision-making takes place in an increasingly legalized international environment even as the existing, post–World War II international order faces increasing challenges from nonliberal states.

Sign in / Sign up

Export Citation Format

Share Document