Rola i znaczenie międzynarodowych rozwiązań prawnych wobec procesów globalizacji

2016 ◽  
Vol 14 (14) ◽  
pp. 70-80
Author(s):  
Tomasz Lenkiewicz
Keyword(s):  
Cultural Diversity ◽  
International Law ◽  
Environmental Protection ◽  
International Organizations ◽  
The State ◽  
Political Life ◽  
Global Order ◽  
Local Organizations ◽  
Nation States

Growing international interdependencies, weakening of internal and external sovereignty of the state and necessity of joint overcoming of problems and global threats reveals the necessity of creating new rules of global order, based not only on nation-states, but also on growing number of international organizations and institutions, regional groupings, communities and local organizations. The globalization of political life fosters rise of number of institutions, organizations and international groupings and development of international law. The cooperation between them should respect the rules of equality, freedom, democracy, partnership, solidarity, respect for cultural diversity and environmental protection.

International Law within the Israel Legal System

1990 ◽  
Vol 24 (3-4) ◽  
pp. 451-484 ◽  
Author(s):  
Ruth Lapidoth
Keyword(s):  
International Law ◽  
International Organizations ◽  
Legal System ◽  
The State ◽  
Laws Of War ◽  
International Treaties ◽  
The Status ◽  
The Military ◽  
State Of Israel ◽  
High Seas

Since the establishment of the State and up to the present day, Israeli law has had to deal with a great number of various problems in the field of international law, e.g. whether the State of Israel is a successor to the obligations of the Mandatory government; the jurisdiction of the Israeli courts with regard to offences committed in demilitarized zones or beyond the State's boundaries (on the high seas or abroad); the immunity of foreign states and their representatives from the jurisdiction of Israeli courts and from measures of execution; the status of international organizations and of their employees; the effect and implications of official acts performed within the territory of a state which is at war with Israel; the effect of international treaties in Israel; the question whether the Eastern neighbourhoods of Jerusalem are part of Israel; various issues concerning extradition, and of course, many questions regarding the laws of war: the powers of the military governor, and in particular his power to expropriate land in the territories under Israeli control and to expel residents from the territories, the extent of his legislative powers, etc.

The Oxford Guide to Treaties

2020 ◽  
Keyword(s):  
European Union ◽  
International Relations ◽  
International Law ◽  
International Organizations ◽  
Reference Point ◽  
International Agreements ◽  
International Agreement ◽  
The European Union ◽  
Trade Relations ◽  
Nation States

From trade relations to greenhouse gases, from shipwrecks to cybercrime, treaties structure the rights and obligations of states, international organizations, and individuals. For centuries, treaties have regulated relations among nation states. Today, they are the dominant source of international law. Thus, being adept with treaties and international agreements is an indispensable skill for anyone engaged in international relations. This revised and updated edition provides a comprehensive guide to treaties, shedding light on the rules and practices surrounding the making, interpretation, and operation of these instruments. The chapters are designed to introduce the law of treaties and offer practical insights into how treaties actually work. Foundational issues are covered, including what treaties are and when they should be used, alongside detailed analyses of treaty formation, application, interpretation, and exit. Special issues associated with treaties involving the European Union and other international organizations are also addressed. These are complimented by a set of model treaty clauses. Real examples illustrate the approaches that treaty-makers can take on topics such as entry into force, languages, reservations, and amendments. The book thus provides an authoritative reference point for anyone studying or involved in the creation or interpretation of treaties or other forms of international agreement.

scholarly journals Ordre du droit et droit de l'ordre

2005 ◽  
Vol 28 (3) ◽  
pp. 699-729
Author(s):  
Jacques Zylberberg
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Rule Of Law ◽  
International Organizations ◽  
The State ◽  
Political Rights ◽  
Sovereign State ◽  
The Rule Of Law ◽  
Civil And Political Rights

This essay undertakes a review of national and international law to demonstrate that law is mainly an ideological and variable instrument of the State and of the United Nations, which is a by-product of the states. In this perspective, the author opposes the pragmatical ideology of resistance against the sovereign state to the juridical legitimation and the behaviour of the States who reluctantly have conceded some civil and political rights. Those rights are endangered by the growing bureaucratization of the state, the inflation of the juridical norms and rules, in addition to the permanent repressive characters of the State. The criticism of the contradiction and the variation of the rule of law when it relates to "human rights" is also extended to international law as well as to the international organizations.

scholarly journals Criminal Responsibility of States In International Law: Rethinking Or Permanent Abandonment of the Concept?

2021 ◽  
pp. 143-168
Author(s):  
Enis Omerović
Keyword(s):  
International Law ◽  
International Organizations ◽  
Criminal Responsibility ◽  
The State ◽  
Legal Responsibility ◽  
Crimes Against Humanity ◽  
International Crimes ◽  
International Obligation ◽  
Definition Of ◽  
Peremptory Norms

The responsibility of states and international organizations is an essential issue of contemporary international law. All other debates in this branch of law seem to follow up on this issue. In fact, whenever a state violates its international obligation, the question of the responsibility of such a state arises. However, in addition to being essential, this issue is also an extremely politically sensitive area, as only some states, guided mainly by demand for respect for their territorial sovereignty and the principle of equality of all states, are willing to accept all the consequences of such behavior in international relations with other subjects of international law, while those that consider themselves more equal than others (primus inter pares), particularly the great world powers, will be largely reluctant to accept legal responsibility for their illegal acts, and especially for the commission of international crimes in the narrow sense, which includes the crime of genocide, crimes against humanity, war crimes, and the crime of aggression. With international organizations, the problems in this regard are perhaps even greater.In this paper we examine the meaning of further survival of the concept of criminal responsibility of states and international organizations, wanting to examine the concept and definition of criminal responsibility of transnational corporations at the international level, while in the second part of the article we try to shed a light on political-legal responsibility. In addition to the fact that this concept is probably unsustainable under international law, it seems that the approach to advocating for the criminal responsibility of the state, as well as international organizations, is unnecessary. Therefore, we should work on building and thoroughly elaborating the concept of international responsibility of the state and the international organization in the conditions of international crimes stricto sensu, in other words, serious breaches of obligations arising from peremptory norms of general international law. In this way, without creating legally unsustainable constructions, essentially the same goal would be achieved.

scholarly journals The international law and sanctions. Search for permissible limits

2019 ◽  
Vol 89 (1) ◽  
pp. 03-09
Author(s):  
T. Ya. Khabrieva ◽  
A. Ya. Kapustin
Keyword(s):  
Comparative Analysis ◽  
International Law ◽  
International Organizations ◽  
Legal Regulation ◽  
The State ◽  
Coercive Measure ◽  
Coercive Measures ◽  
Permissible Limits ◽  
International Responsibility

The reinforcement of the sanctions policy of the leading world powers and their coalitions has highlighted the problem of doctrinal research inadequacy of the practice of international legal regulation of the use of international coercive measures. This study aims to determine the dominant approaches to the correlation between the categories “sanction” and “law” regarding municipal and international law, based on historical and comparative analysis of the positions of Russian and foreign legal doctrines. Despite fundamental differences in the systems of national and international law, both cases sanctions act as a coercive measure to observe the statutes of law, both regarding the implementation of international responsibility and non-responsibility relations. In addition, the study provides specific examples of unilateral coercive measures (sanctions) of regional international organizations that are inconsistent with the imperatives of general international law. In conclusion, the state of international legal regulation of the use of coercive measures is substandard; however, the primary reasons for this provision remain unclear. Furthermore, this study formulates a proposal for the development of a doctrinal model of criteria for the lawfulness of international coercive measures.

scholarly journals BAYANGAN AKAN BANGSA DALAM KONTEKS HAK UNTUK MENENTUKAN NASIB SENDIRI: SUATU WACANA

2020 ◽  
Vol 36 (1) ◽  
Author(s):  
Tristam Pascal Moeliono
Keyword(s):  
International Law ◽  
Religious Beliefs ◽  
The State ◽  
Self Determination ◽  
Nation State ◽  
Nation States

Two issues shall be discussed: what is meant by people’s right to self determination and how has it been realized, also in the context of indigenous-tribal peoples. Analysis shall be done, by using a juridical doctrinal method. The purpose would go beyond explaining but also induce understanding of people’s right to self determination in the context of nation states. One determining faktor in the construction of a nation state is the emergence of an imagined solidarity between peoples from different races, tribes, or religious beliefs, being the result of suffering under colonialism. Notwithstanding that indigenous or tribal peoples may and in fact experience similar suffering under the state they are considered to be part of, international law, while recognizing their right to self determination, does not fully extend the same scope of rights to them.

Statofobia jako przyczyna cofania się fali demokratyzacji

2019 ◽  
Vol XV ◽  
pp. 97-124 ◽  
Author(s):  
Marcin Wałdoch
Keyword(s):  
Political Thought ◽  
Political Attitudes ◽  
The State ◽  
Electoral Behavior ◽  
Political Life ◽  
Nation State ◽  
Weak State ◽  
Nation States ◽  
Number Of Factors ◽  
The World

In this article an assumption is made that several factors are responsi-ble for current democracy state. First of all the state-phobia phenome-non is scrutinized while looking for factors which are responsible for citizens reluctance and fear of state. Hypothesis is raised that state-phobia cause withdrawal of democratization wave in today’s nation-states. Trying to solve this problem out author highlighted the impor-tance of the idea of state in political thought and an impact of socio-economic pattern of the world we observe (impact of neoliberalism). Political attitudes summarized as state-phobia rise from a number of factors and cause a number of spaces connected with political life such as electoral behavior. It seems that the lack of trust toward nation-state works like a perpetuum mobile causing the weak state and inefficient institution.

From Theory to Practice: Exploring the Relevance of the Draft Articles on the Responsibility of International Organizations (DARIO)—The Responsibility of the WTO and the UN

2012 ◽  
Vol 13 (5) ◽  
pp. 511-541 ◽  
Author(s):  
Noemi Gal-Or ◽  
Cedric Ryngaert
Keyword(s):  
United Nations ◽  
International Law ◽  
International Organizations ◽  
Future Development ◽  
The State ◽  
Public International Law ◽  
Theory To Practice ◽  
The Subject ◽  
International Law Commission ◽  
Law Commission

In 2002, the United Nations (UN) International Law Commission (ILC) decided to include the subject of the responsibility of international organizations (IOs) in its program of work. By 2011, the Commission adopted sixty-six draft articles with commentaries, known as the Draft Articles on the Responsibility of International Organizations (DARIO). The adoption of the DARIO represents an enterprise of revolutionary implications for public international law and the future development of both international law and global relations and governance. It may leverage the international personality of the IO to a status previously unknown, particularly when compared to the supreme international actor, the State.

scholarly journals International Political Authority: On the Meaning and Scope of a Justified Hierarchy in International Relations (Voelsen & Schettler, 2019)

2021 ◽  
Vol 9 (1) ◽  
pp. 95-99
Author(s):  
Bogdana Sybikowska
Keyword(s):  
Human Rights ◽  
International Relations ◽  
Detailed Analysis ◽  
Rule Of Law ◽  
International Organizations ◽  
Political Authority ◽  
The State ◽  
Global Order ◽  
The Rule Of Law ◽  
International Authority

Abstract This article is a review of a paper titled International political authority: on the meaning and scope of a justified hierarchy in international relations written by Daniel Voelsen and Leon Schettler. The growing power and authority of international organizations has been perceived by many as a sign of a new global order where the concept of sovereignty of the state is replaced with the constitutional principles of democracy, human rights and the rule of law. Recently, a tendency has been observed to consider international organizations as autonomous, legitimate institutions possessing political authority. However, it is rather challenging to find one and the complex understanding of political authority that encompasses all components that construct it. Voelsen and Schettler offer a detailed analysis of the concepts of international authority that are present in the literature and even criticize them. In this article, the conducted research is reviewed and scrutinized in detail.

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