Integration of the Right to Water in International Law: Circumventing and Bypassing State Sovereignty

2015 ◽  
Author(s):  
Sylvie Paquerot
Keyword(s):  
International Law ◽  
State Sovereignty ◽  
The Right

International Law and Market Coordination

2017 ◽  
Author(s):  
Robert Schütze
Keyword(s):  
International Economic ◽  
International Law ◽  
Economies Of Scale ◽  
Economic Cooperation ◽  
Division Of Labour ◽  
State Sovereignty ◽  
Economic Activities ◽  
The Right ◽  
National Economies ◽  
Opening Up

What are the legal instruments regulating international trade? This chapter answers this question in two steps. Section I explores the classic international law model that accommodated the (sovereign) ‘mercantilist’ State. This State was based on the assumption that the national government had the right to regulate all international economic activities in the interest of the national good. Under classic international law, States were thus sovereignly free to become a ‘closed commercial State’. Yet this idea of economic coexistence was gradually replaced by a spirit of economic cooperation in the twentieth century. Section II explores the origins and present structures of the modern international law of economic cooperation. This modern model, while still nominally based on the idea of State sovereignty under international law, nonetheless accepts that national economies mutually benefit from ‘opening up’ by means of a better division of labour and the economies of scale engendered.

The Existing Cause of Biafra and its Right to Self-determination

2020 ◽  
pp. 1-19
Author(s):  
Yinka Olomojobi
Keyword(s):  
International Law ◽  
Regional Differences ◽  
The State ◽  
Self Determination ◽  
State Sovereignty ◽  
The South ◽  
Sovereign State ◽  
Independent States ◽  
The Right

Abstract There has been recent agitation for self-determination in the south-east of Nigeria for the state known as Biafra (a pro-secessionist group). The principle of self-determination is a well-debated discourse since it connects with the right to secede and create a sovereign state. Like a marriage at gunpoint, a reluctant partner will always want a way out of the marriage, and will take a hike at the first opportunity. Given this political inheritance, Nigeria has fallen prey to several attempts to undermine state sovereignty originating in ethnic and regional differences. The controversy has concerned both the principle’s status in international law and its charter. This principle has played a prominent part in the emergence of former colonies as independent states. The aim of this article is to explore the ongoing agitation for a Biafran Republic and to assess whether it is in conformity with the right to self-determination.

THE DESOVEREIGNIZATION OF THE STATE: DEVIATION FROM THE PRINCIPLES OF INTERNATIONAL LAW OR AN OBJECTIVE NECESSITY

2018 ◽  
pp. 68-77
Author(s):  
Aleksey Vladimirovich Kondratyev ◽  
Svetlana Viktorovna Vorobyeva
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
The State ◽  
State Sovereignty ◽  
Limiting State ◽  
National Interests ◽  
The Rule Of Law ◽  
Economic Support ◽  
The Right ◽  
Stable Development

We examine processes of desovereignization and the loss of a state political subjectivity. Noted the necessity of research and analysis of state sovereignty in the context of globalization and threats to international peace, which affect the degree of independence of the state and require the search for legal and political levers to protect the monolithic right of the state to independence, inviolability and non-interference in internal affairs. Has been made an attempt to search for detect and establish acceptable grounds for limiting state sovereignty. It is established that the voluntary restriction of sovereignty with the transfer of powers to supranational entities has constructive consequences in the form of good-neighborly cooperation, financial and economic support of states from international financial institutions, etc. In cases where, in order to establish the rule of law, protect human rights and freedoms and under other good intentions, the policy of the state is interfered with by both the organs of the international community and individual states that have endowed themselves with the right of “international arbiter”, fears for the stable development of national states increase. It is concluded that any limitation of sovereignty should not lead to interference in the national interests of the state and to the loss of political and legal independence.

scholarly journals STATE SOVEREIGNTY AND SELF-DEFENCE IN CYBERSPACE

2018 ◽  
Vol 5 (4) ◽  
pp. 139-154 ◽  
Author(s):  
Pallavi Khanna
Keyword(s):  
International Law ◽  
Large Scale ◽  
Cyber Attacks ◽  
State Sovereignty ◽  
Daily Lives ◽  
Territorial Jurisdiction ◽  
Nation States ◽  
The Status ◽  
The Right ◽  
Self Defence

Given the increasing role and use of cyberspace in our daily lives, it is important to consider the large-scale dynamics of the cyber forum. Shifting the focus from individuals to nation states as participants that engage in activities in cyberspace raises doubts over the status of nations in this domain. Do they continue to remain sovereign entities on such a platform? Do they have the right to defend themselves against attacks from other nations? These questions have been subject to a lot of debate in the context of international law. The aim of this paper is to study the implications of the principle of state sovereignty and selfdefence in cyberspace. The paper focuses on two prime considerations of sovereignty and self-defence in the context of cyberspace and its link to international law. Thus the scope is limited to concepts such as territorial jurisdiction, sovereignty, attribution and selfdefence. While doing so, the researcher seeks to answer questions such as, Is international law applicable to cyberspace? Can cyberspace be called a sovereign domain? Do principles of territorial jurisdiction apply to cyberspace? How does the attribution mechanism work in cyberspace? Under what circumstances are states permitted to exercise the right of self-defence against cyber attacks? and What are the deficiencies in international law governing cyberspace?

scholarly journals POLITICAL AND LEGAL DOCTRINE OF STATE SOVEREIGNTY IN THE CONDITIONS OF GLOBALIZATION

2020 ◽  
Vol 1 (4) ◽  
pp. 77-87
Author(s):  
O.V. Prieshkina ◽  
O. R. Avdieiev
Keyword(s):  
International Law ◽  
State Sovereignty ◽  
The European Union ◽  
Legal Doctrine ◽  
Political Factors ◽  
World Community ◽  
The World ◽  
The Right ◽  
Ukrainian Society ◽  
Comprehensive Study

The article substantiates and analyzes the factors that influence the process of political and legal doctrine of state sovereignty in the context of globalization. As a result of a comprehensive study, it was determined that the realization of state sovereignty depends not only on the action of general historical and international political factors, but also on the ability of Ukrainian society to overcome economic difficulties, on the active participation of each member of the territorial community. In the context of globalization, the concept of sovereignty, its content and implementation becomes specific. Despite its sovereign nature, state power is still not absolute and is subject to certain restrictions, both internally and externally, but such restrictions cannot be confused with a violation of sovereignty, which is unacceptable. It is determined that in the context of globalization, sovereignty is narrowing: the world community exerts influence, sometimes severe, on countries violating international law, international rules and agreements, and their strong global economic supranational forces also influence the transformation of state sovereignty. Sometimes there is a tendency to voluntarily delegate powers to world, regional and international organizations and associations, ie the internal affairs of the state, in which no one interferes and which are governed only by national law and customs are narrowed by voluntary renunciation of sovereign rights, and international law or the right of a certain community is extended. It was found that the very nature of state sovereignty, the genesis of formation, modification and development of its concept are due to globalization and integration processes in the world, and above all, within the European Union.

scholarly journals International Development Law: Resolving the Contentious Question of State Sovereignty and Right to and Ownership of Natural Resources

2019 ◽  
Vol 6 (12) ◽  
pp. 5759-5764
Author(s):  
Dr. Matthew Enya Nwocha
Keyword(s):  
Natural Resources ◽  
International Law ◽  
International Development ◽  
Mineral Resources ◽  
Self Determination ◽  
State Sovereignty ◽  
Land Area ◽  
Ultimate Ownership ◽  
Domestic Jurisdiction ◽  
The Right

This work came up against the background of the contentious question and multiplicity of claims of ownership of natural resources located within a given state territory. The paper has addressed the question whether this claim legitimately inheres in the state as a sovereign or in the native inhabitants of the land area where the mineral resources are domiciled pursuant to the international right to self-determination. It is the finding that, among other things, the right to permanent sovereignty over natural resources is a legitimate one in international law. Notwithstanding, as the paper has concluded, only the legislature and the courts in any particular domestic jurisdiction can determine with finality the specific entity, institution, or unit within a state sovereign in whom this ultimate ownership resides.

PENERAPAN PRINSIP PERSONA NON GRATA TERHADAP DUTA BESAR DITINJAU DARI PERSPEKTIF HUKUM INTERNASIONAL (STUDI KASUS PENGANIAYAAN TKI OLEH DUTA BESAR ARAB SAUDI DI JERMAN)

2019 ◽  
Vol 1 (1) ◽  
pp. 60-71
Author(s):  
Devi Yusvitasari
Keyword(s):  
International Relations ◽  
International Law ◽  
Recipient Country ◽  
Secondary Data ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
National Interests ◽  
The World ◽  
Diplomatic Immunity ◽  
The Right

A country needs to make contact with each other based on the national interests of each country related to each other, including among others economic, social, cultural, legal, political, and so on. With constant and continuous association between the nations of the world, it is one of the conditions for the existence of the international community. One form of cooperation between countries in the world is in the form of international relations by placing diplomatic representation in various countries. These representatives have diplomatic immunity and diplomatic immunity privileges that are in accordance with the jurisdiction of the recipient country and civil and criminal immunity for witnesses. The writing of the article entitled "The Application of the Principle of Non-Grata Persona to the Ambassador Judging from the Perspective of International Law" describes how the law on the abuse of diplomatic immunity, how a country's actions against abuse of diplomatic immunity and how to analyze a case of abuse of diplomatic immunity. To answer the problem used normative juridical methods through the use of secondary data, such as books, laws, and research results related to this research topic. Based on the results of the study explained that cases of violations of diplomatic relations related to the personal immunity of diplomatic officials such as cases such as cases of persecution by the Ambassador of Saudi Arabia to Indonesian Workers in Germany are of serious concern. The existence of diplomatic immunity is considered as protection so that perpetrators are not punished. Actions against the abuse of recipient countries of diplomatic immunity may expel or non-grata persona to diplomatic officials, which is stipulated in the Vienna Convention in 1961, because of the right of immunity attached to each diplomatic representative.

Proposing a Way to Develop the Substantive Content of the Right of Access to Adequate Housing: An Alternative to the Reasonableness Review Model

2017 ◽  
Vol 30 (1) ◽  
pp. 71-93
Author(s):  
Gustav Muller
Keyword(s):  
International Law ◽  
Municipal Services ◽  
International Convention ◽  
Cultural Rights ◽  
Substantive Content ◽  
Convincing Case ◽  
Close Proximity ◽  
Review Model ◽  
The Right ◽  
Right Of Access

In this article an attempt is made to put forward a convincing case for giving substantive content to the right of access to adequate housing and looks towards relevant international law elaborations on the meaning of this right as contained in the International Convention on Economic, Social and Cultural Rights (ICESCR). It does so while being aware of the Constitutional Court’s prior rejection of an international law-based minimum core interpretation of the right and opting, instead, for the so-called model of reasonableness breview. Given that the court has so expressly taken and stuck to this stance, it is argued in the article that an international law-based substantive interpretation of the right is possible – given that South Africa has recently ratified the ICESCR – and that it is preferable given the shortfalls of the model of reasonableness review. The article further highlights what difference the preferred reading of section 26(1) would make as to how courts ‘interpret’ reasonableness, that is, how courts review compliance with section 26 at present if ‘adequate’ housing is understood as having security of tenure and access to basic municipal services; is affordable, habitable and accessible; is located in close proximity to social facilities; and is culturally adequate.

The Scope and Content of Section 75(1)(a) of the Zimbabwean Constitution: An International Law Approach

2020 ◽  
Vol 53 (2) ◽  
Author(s):  
Chiedza Simbo
Keyword(s):  
International Law ◽  
Education System ◽  
Basic Education ◽  
The State ◽  
Education Act ◽  
The Government ◽  
The Right ◽  
Basic Education System

Despite the recent enactment of the Zimbabwean Constitution which provides for the right to basic education, complaints, reminiscent of a failed basic education system, have marred the education system in Zimbabwe. Notwithstanding glaring violations of the right to basic education by the government, no person has taken the government to court for failure to comply with its section 75(1)(a) constitutional obligations, and neither has the government conceded any failures or wrongdoings. Two ultimate questions arise: Does the state know what compliance with section 75(1)(a) entails? And do the citizens know the scope and content of their rights as provided for by section 75(1)(a) of the Constitution of Zimbabwe? Whilst it is progressive that the Education Act of Zimbabwe as amended in 2020 has addressed some aspects relating to section 75(1)(a) of the Constitution, it has still not provided an international law compliant scope and content of the right to basic education neither have any clarifications been provided by the courts. Using an international law approach, this article suggests what the scope and content of section 75(1)(a) might be.

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