scholarly journals TOWARDS AN INFRASTRUCTURE-BASED SOCIOLOGY OF DIGITAL SOVEREIGNTY PRACTICES: THE 'PILOT CASE' OF RUSSIA

2021 ◽  
Author(s):  
Francesca Musiani
Keyword(s):  
International Relations ◽  
International Law ◽  
Comparative Research ◽  
Research Programme ◽  
Self Determination ◽  
Legal Concept ◽  
Ongoing Research ◽  
Political Discourses ◽  
The Subject ◽  
Multiple Challenges

"Digital sovereignty" is the idea that states should “reaffirm” their authority over the Internet and protect their citizens, institutions, and businesses from the multiple challenges to their nation’s self-determination in the digital sphere. According to this principle, sovereignty depends on more than supranational alliances or international legal instruments, military might or trade: it depends on locally-owned, controlled and operated innovation ecosystems, able to increase states’ technical and economic independence and autonomy. Presently, digital sovereignty is understood primarily as a legal concept and a set of political discourses. As a consequence, it is predominantly analysed by political science, international relations and international law. However, the study of digital sovereignty as a set of infrastructures and socio-material practices has been largely neglected. In this proposal, I argue that the concept of (digital) sovereignty should also be studied via the infrastructure-embedded “situated practices” of various political and economic projects which aim to establish autonomous digital infrastructures in a hyperconnected world. Although this contribution is also a call for a wider and comparative research programme, I will focus here on the “pilot case” of Russia, which is the subject of an ongoing research project. Ultimately, the analysis of infrastructure-embedded digital sovereignty practices in Russia shows how the Russian discourse on Internet sovereignty as a centralized and top-down apparatus paradoxically open up technical and legal opportunities for mundane resistances and the existence of “parallel” Runets, where particular instantiations of informational freedom are still possible.

scholarly journals Origin, establishment and development of the idea of self-determination of peoples

2021 ◽  
pp. 60-73
Author(s):  
Azer Kagraman Ogly Kagramanov
Keyword(s):  
International Relations ◽  
International Law ◽  
Self Determination ◽  
Modern World ◽  
Territorial Integrity ◽  
The World ◽  
The Status ◽  
The Subject ◽  
The Right

The subject of this research is the examination of evolution of the idea of self-determination of peoples based on the fundamental works of the Russian and foreign scholars, thinkers of the antiquity and modernity. The author considers the transformations experienced by the principle of self-determination at various historical stages of development; as well as builds a corresponding systems of the development cycles. The conclusion is made that after conception of the idea of self-determination, the colonial powers viewed this concept as ethical, seeing the threat to legitimacy of the established order. Therefore, throughout almost a century, the leading countries refused to include this right into the corresponding international and domestic documents. The main conclusions are as follows: after consolidation of the principle in the Charter of the United Nations, it became the foundation for the emergence of news states and destruction of the colonial world; the principle served as a leitmotif for the development of human rights and international relations, but at the same time became a threat and challenge to the territorial integrity; wars between the countries are replaced with the civil and interethnic conflicts; the world is captured with such phenomena as state nationalism that subsequently grew into extremely radical forms, such as fascism and Nazism; the modern international law actively promotes the two competing principles – territorial integrity and self-determination; in modern world, the right to self-determination is not limited by peoples under the colonial past – there occur new forms of self-determination that threaten the existence of sovereign states. Uncertainty of the status of the newly emerged states formations serves as the source of domestic and international tension, which inevitably leads to intergovernmental clashes and negatively impacts geopolitical situation in separate regions and in the world as a whole.

An International Relations Perspective on the Reform Needs of the Human Rights Council

2021 ◽  
Vol 62 (1) ◽  
pp. 43-80
Author(s):  
Wolfgang S. Heinz
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Law ◽  
Structure And Dynamics ◽  
Human Rights Council ◽  
Local Actors ◽  
Protection Of Human Rights ◽  
The Subject

Abstract: This article approaches the matter of institutional reform of the United Nations Human Rights Council from an international relations perspective. A well-known tension exists between State representatives acting for their governments in international organisations, but whose decisions are presented as UN policies. The latter should be guided primarily by the UN Charter and public international law. However, in reality, different worldviews and foreign policy considerations play a more significant role. In a comprehensive stock-take, the article looks at four major dimensions of the Council, starting with structure and dynamics and major trends, followed by its country and thematic activities, and the role of key actors. Council reform proposals from both States and civil society are explored. Whilst the intergovernmental body remains the most important authority responsible for the protection of human rights in the international sphere, it has also been the subject of considerable criticism. Although it has made considerable progress towards enlarging its coverage and taking on more challenging human rights crises, among some of its major weaknesses are the election of human rights-unfriendly countries into its ranks, the failure to apply stronger sanctions on large, politically influential countries in the South and North, and lack of influence on human rights crises and chronic human rights problems in certain countries. Whilst various reform proposals have emerged from States and NGOs, other more far reaching propositions are under sometimes difficult negotiations. In the mid- to long-term, the UN human rights machinery can only have a stronger and more lasting impact if support from national/local actors and coalitions in politics and society can be strengthened.

Some Problems in the History of the Law of Nations in Asia (1963)

2017 ◽  
Author(s):  
C. H. Alexandrowicz
Keyword(s):  
International Relations ◽  
International Law ◽  
Case Law ◽  
Legal Aspects ◽  
State Sovereignty ◽  
Law Of Nations ◽  
The Family ◽  
History Of ◽  
The Subject ◽  
The Law

This chapter considers problems in the study of the history of the law of nations in Asia. It argues that international lawyers have focused their attention on the legal aspects of contemporary problems of international relations and politics, and on the operation of tribunals and quasi-tribunals and the case law they produce. Writers of present day treatises of international law devote just a few introductory pages to the history of the subject and these short chapters are often based on similar introductions in nineteenth-century treatises. The chapter discusses some of the elements of legal change in which European–Asian relations played a significant role; the gradual elimination of the natural law outlook by growing European positivism; the principle of universality of the law of nations and the principle of identity of de facto and de jure State sovereignty; and the use of capitulations to delay the ‘entry’ of Asian States into the family of nations.

A declaration for international relations (based on Islamic Sufi teachings)

2017 ◽  
Vol 59 (4) ◽  
pp. 584-601
Author(s):  
Bijan Bidabad
Keyword(s):  
International Relation ◽  
International Relations ◽  
International Law ◽  
Design Methodology ◽  
Natural Rights ◽  
Point Of View ◽  
Public International Law ◽  
Content Type ◽  
The Subject ◽  
Practical Implications

PurposeEstablishing peace, security and discipline for individuals, nations and states in contemporary international order is of the highest importance at the present time. Regularization should be done through approaching natural rights of individuals and also through observing humanistic characteristics and ethics. The aim of this paper is to introduce a legal base to promote international relations. Design/methodology/approachA draft for International Relation Declaration based on Islamic Sufi teachings has been compiled, and actually it is an abstract of an extended survey on the subject and opinions in relation to the current international problems. FindingsThis draft has been codified in three main topics of public international law, foreign policy and diplomacy. Research limitations/implicationsTo conclude the draft, it should be scrutinized by many scholars in different disciplines, in the next step. Practical implicationsAs the mystical characteristics of Sufism and Gnosticism of all religions (Tariqa) are all united and based upon love towards the Creator and consequently towards the creatures of God, these provisions could be agreed upon and put into practice. Social implicationsDelicateness, truthfulness and righteousness of Islamic Sufism, which is the gist of all those elites’ divine messages for thousands of years, one after another, can be of a great help to regulate international relations. Originality/valueInternational Law scholars have not looked at this subject matter from the Sufism viewpoint. This paper will shed a light on this point of view from other angles related to the international law such as politics, law and institutions.

Negotiating Free Association between Western Sahara and Morocco: A Comparative Legal Analysis of Formulas for Self-Determination

2011 ◽  
Vol 16 (1) ◽  
pp. 109-135 ◽  
Author(s):  
Samuel J. Spector
Keyword(s):  
International Law ◽  
New Caledonia ◽  
Free Association ◽  
Lessons Learned ◽  
Self Determination ◽  
Actual State ◽  
Legal Analysis ◽  
Western Sahara ◽  
Starting Point ◽  
The Subject

AbstractThe proposal of new negotiation formulae in the midst of stalemated conflicts can help to reframe the problem and restart dialogue. They can also unleash new controversy. The Moroccan Initiative for Negotiating an Autonomy Statute for the Sahara Region is a formulaic proposal advanced by Morocco to describe the broad outlines for Sahrawi autonomy under Moroccan sovereignty. It has been the subject of debate within the international community since it was first introduced in April 2007. Until now, however, discussion of its efficacy as a formulaic basis for a negotiated resolution to the Western Sahara dispute has largely outweighed serious consideration of how the proposal relates to current understandings of international law concerning self-determination and free association. Like Western Sahara, the Cook Islands, Niue, Aceh, New Caledonia, and Bougainville are cases of non-self-governing territories and other high autonomy arrangements where there has been recognition of the need to substitute, as the basis for ending the conflict, a comprehensive negotiated political status, in place of frequently unworkable or unattractive alternatives such as a contentious referendum on independence, open-ended talks, or continued armed conflict. In light of the lessons learned from actual state practice and international responses in the foregoing cases, an assessment of the present Moroccan proposal demonstrates that with some improvements, it may offer a viable new starting point for negotiations. The result of using this plan as a formula to restart negotiations can be the attainment for Western Sahara of a full measure of self-government ‐ in a manner consistent with international law ‐ by means of free association.

scholarly journals Rencana Pemisahan Catalonia dari Spanyol Ditinjau dari Prinsip Self-Determination

2020 ◽  
Vol 1 (1) ◽  
pp. 46-53
Author(s):  
Mochamad Ardhi Ma’arif ◽  
Wisnu Aryo Dewanto ◽  
Muhammad Insan Tarigan
Keyword(s):  
International Law ◽  
The Self ◽  
Self Determination ◽  
Legal Concept ◽  
Cultural Aspects ◽  
Cultural Status ◽  
The Right ◽  
Political Economic

Abstract—This Study discussed the problem whether the secession of Catalonia from Spain is in accordance with the self-determination principle in the International Law. This study used a legal, concept and case approach and concluded as follows: Catalonia was able to separate them selves from the parent nation according to the self-determination principle by making a referendum. This act of making a referendum was a way for the Catalonia society to state their opinion. This condition was in accordance with the self-determination principle in the international law because the right for secession may occur in a certain condition other than the context of decolonization. When a country is retricted by the reigning government in savoring internal self-determination (in obtaining political, economic, social and cultural status), then the country may perform a secession from the parent nation. The requierements of self-determination in the Catalonia and Spain case were political, economic, social and cultural aspects. Afterwards, Catalonia needed full fill the requirements stated in Article 1 of the 1933 Montevideo Convention on the Rights and Duties of States, and they need to get a recognition from another country. Keywords : secession, referendum, self-determination principle, recognation Abstrak—Penelitian berjudul rencana pemisahan Catalonia dari Spanyol di tinjau dari prinsip self-determination, dengan membahas permasalahan apakah pemisahan diri Catalonia dari Spanyol sesuai dengan prinsip self-determination dalam hukum internasional. Penelitian ini menggunakan pendekatan undang-undang, konsep dan kasus, sehingga diperoleh suatu kesimpulan bahwa Catalonia bisa memisahkan diri dari Spanyol sesuai dengan prinsip self-determination dengan melakukan referendum. Referendum adalah suatu cara masyarakat Catalonia untuk menyampaikan pendapat. Hal ini sesuai dengan prinsip self-determination dalam hukum internasional, karena hak untuk memisahkan diri bisa muncul dalam keadaan khusus, selain dalam konteks dekolonisasi. Ketika suatu bangsa dihalangi haknya oleh pemerintah yang berkuasa dalam menikmati internal self-determination (untuk mendapatkan status politik, ekonomi, sosial dan budaya), maka sebagai jalan terakhir yang diperbolehkan dalam hukum internasional adalah upaya melepaskan diri dari negara tersebut. Syarat-syarat self-determination dalam kasus Catalonia dengan Spanyol yang ingin memisahkan diri adalah aspek politik, ekonomi, sosial dan budaya. Setelah itu Catalonia harus sesuai dengan Konvensi Montevideo Tentang Hak dan Tugas Negara Tahun 1933 Pada Pasal 1 yaitu syarat terbentuknya suatu negara, dan terakhir Catalonia harus mendapatkan pengakuan dari sebuah negara. Kata kunci : pemisahan diri, referendum, prinsip self-determination, pengakuan

scholarly journals The “philosophy” of economic diplomacy as an instrument of “soft law”: history and modernity

2021 ◽  
pp. 126-134
Author(s):  
Igor' Olegovich Nadtochii ◽  
Oleg Alekseevich Novikov
Keyword(s):  
International Relations ◽  
International Law ◽  
World Order ◽  
Soft Law ◽  
Legal Norms ◽  
Economic Diplomacy ◽  
Continuous Application ◽  
The Subject ◽  
Global World ◽  
The Impact

The subject of this research is the phenomenon of economic diplomacy as an instrument of “soft law”, which is becoming widespread in the international relations of modern multipolar world. The object of this research is the international relations and the impact of international legal norms upon formation of their peculiarities. Attention is given to the differences between “soft” and “hard” international law, as well as international and “quasi-international” law. The author explores various historical aspects of international relations, within the framework of which are implemented certain legal mechanisms and instruments. Incompletion of evolution of the phenomenon of “soft law” at the present stage is observed. The conclusion is made that the task of “soft law” in international relations lies in the use of the established international legal toolset and correction of the global world order to the benefit of a certain country of group of countries. It is noted that that key criterion that determines “soft law” as a unique instrument of international relations and international law is the nature of the means that without the extensive use of non-legal instruments. At the same time, the authors claim that in a number of cases, the emergence of legal mechanisms is the result of continuous application of “soft law”.

Book I Diplomacy in General, 3 Introduction to International Law

2016 ◽  
Author(s):  
Wilmshurst Elizabeth
Keyword(s):  
International Relations ◽  
International Law ◽  
International Organizations ◽  
Comprehensive Account ◽  
The Subject ◽  
The Law

This chapter provides a brief account of what international law is and what its sources are. This is particularly useful for those who have not studied the subject. International law may be defined as the law governing relations between States, and between States and international organizations. The chapter notes, however, that even this definition borders on the simplistic. In addition, the relevance of international law to the diplomat is emphasized in this chapter, as it contributes to the discussion later. Hence the chapter first briefly argues for the relevance of international law in the arena of international relations, before turning to a discussion on the nature, sources, and content of international law, in order to draw a more comprehensive account of what international law is about.

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.

Hijazi Self-Determination and the New International System

The Hijaz ◽  
2018 ◽  
pp. 99-130
Author(s):  
Malik R. Dahlan
Keyword(s):  
International Law ◽  
International System ◽  
Self Determination ◽  
Arab State ◽  
Islamic State ◽  
Nationalist Movement ◽  
Legal Studies ◽  
System P ◽  
National Liberation Movement ◽  
The Subject

This chapter covers Hijazi self-determination: as an experimentation of Hijazi nationalism through “ethnicity” and “territoriality” concepts of international law. The chapters cover the promulgation of the Arab Revolt and Arab self-determination, the dictating rules of international law, Arab nationalist movements as well as the claim over the institution of the Caliphate. It explores Hijaz nationalism after the breakdown of the dream of a unitary “Arab State” and its status in the League of Nations. The analogy brings in critical legal studies mirroring the past and drawing lessons from Japan and its denied discourse. The chapter covers the invasion and legal treatment of the conquest of The Hijaz and the Taif Massacre and rise of a new Islamic state led by the Wahhabi movement and recognized, ultimately, as a state by the Allies – Saudi Arabia. At this point The Hijaz transitions from being the subject of colonialism to the object of it in the new Islamic state. It covers Imam Ibn Saud’s negotiations with The Hijaz nationalist movement to safe statehood and his promise of Hijazi self-government under the principle of “The is for the Hijazis” to The Hijaz and the Islamic World. It also discusses the Hijaz National Liberation Movement against the British and new religious rule.

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