Verfassung ohne Staat

2019 ◽  
Keyword(s):  
International Law ◽  
Systems Theory ◽  
World Society ◽  
Point Of View ◽  
The Other ◽  
Private International Law ◽  
Sovereign State ◽  
Political Processes ◽  
Theory Of Law ◽  
The One

On the basis of systems theory, Gunther Teubner has developed a sociologically informed theory of law and constitutionalism that does not rest on the sovereign state, but on the functionally differentiated society. From this point of view, law and constitutionalism can also emerge without a state: in transnational political processes on the one hand and in the ‘private’ spheres of world society on the other. The search for unity and hierarchy in the law may be futile under these circumstances. As Teubner suggests, however, collisions between the various constitutional fragments may be addressed by a new kind of conflicts law that follows the model of private international law. With contributions by Ino Augsberg, Anna Beckers, Gralf-Peter Calliess, Pasquale Femia, Karl-Heinz Ladeur, Andreas Maurer, Riccardo Prandini, Ralf Seinecke, Thomas Vesting, Lars Viellechner

The Operational and Normative Aspects of Treaties

1985 ◽  
Vol 20 (2-3) ◽  
pp. 123-136 ◽  
Author(s):  
Paul Reuter
Keyword(s):  
International Law ◽  
The Other ◽  
Private International Law ◽  
Other Hand ◽  
General Rules ◽  
The One ◽  
Substantive Law

There are two aspects to a treaty. On the one hand, it constitutes a procedure, an operation whereby several minds meet and, if necessary, meet again to review, amend or even abolish the commitments contained in the treaty; on the other hand, it describes and establishes rights and duties, defines individual situations, or lays down general rules. In the language of continental jurists a treaty is at the same time a “legal transaction” and a “collection of norms”. Consequently, it is possible to distinguish in the articles of the treaty between those containing provisions pertaining to the mechanism of the legal transaction, which may be termed its “operational rules”, and those containing rules of content, which may also be called—to borrow from the language of private international law—“rules of substantive law”.

The Chinese Recognition Problem

1955 ◽  
Vol 49 (3) ◽  
pp. 320-338 ◽  
Author(s):  
Quincy Wright
Keyword(s):  
International Law ◽  
Mainland China ◽  
National Interest ◽  
Point Of View ◽  
The Other ◽  
Recognition Problem ◽  
Press Conference ◽  
The Law ◽  
The One

In a press conference of January 19, 1955, President Eisenhower envisaged the possibility of settling the problem of China by recognizing the existence of “two Chinas”—mainland China, on the one hand, and Formosa and the Pescadores, on the other—and promoting a non-aggression agreement between them. From the point of view of international law this suggestion involves consideration of (1) the de facto situation, (2) the law of recognition, and the application of that law (3) to mainland China, (4) to Formosa and the Pescadores, and (5) in American traditions. Apart from considerations of fact and law, considerations of present national interest and opinion are important.

De-territorializing and Re-territorializingLotus: Sovereignty and Systematicity as Dialectical Nation-Building in Early Republican Turkey

2009 ◽  
Vol 22 (1) ◽  
pp. 29-49 ◽  
Author(s):  
UMUT ÖZSU
Keyword(s):  
International Law ◽  
International Justice ◽  
The Other ◽  
Close Reading ◽  
Positive Power ◽  
Sovereign State ◽  
Normative Authority ◽  
International Legal System ◽  
Early Republican ◽  
The One

AbstractThe chief aim of this article is to unearth, explicate, and contextualize the various techniques on which Mahmut Esat, Turkey's agent before the Permanent Court of International Justice in theLotuscase, drew in order to narrate a fresh understanding of Turkish ‘nationhood’ during a period of intense vulnerability for the newly established Republic. The argument advanced by Turkey in this case – that it need not demonstrate the existence of a specific jurisdictional exception in international law in order to proceed with its prosecution of the French captain of theLotus, a French vessel – has often been dismissed as an example of cynical apologetics. Nevertheless, a close reading of Turkey's pleadings reveals that it was inclined to oscillate between a variety of universalistic and particularistic approaches, Esat litigating theLotuswith an eye to exploiting the schism that lies at the heart of the concept of ‘civilization’ so as to submit Turkey to the normative authority of the international legal system while bolstering its positive power as an independent sovereign state. More specifically, it was by merging two modes of reasoning – the one prizing systematicity, the other prioritizing sovereignty – that Esat sought to construct a new, robustly reconciliatory identity for the ‘Turkish nation’, one that would enable it to embrace its commitment to international order by securing its place in ‘la civilisation contemporaine’ while amplifying the ambit of its autonomy as ‘un état civilisé’.

scholarly journals Performing notarial duties in the process of conclusion of contracts whose subject matter is the acquisition of rights in REM in immovable property located abroad: A few remarks from the view of private International law

2020 ◽  
Vol 2 (2) ◽  
pp. 181-196
Author(s):  
Slavko Đorđević
Keyword(s):  
International Law ◽  
Subject Matter ◽  
Point Of View ◽  
The Other ◽  
Private International Law ◽  
Foreign State ◽  
Foreign Law ◽  
Notary Public ◽  
Governing Law ◽  
Domestic Law

This paper deals with certain issues of private international law that Serbian notaries public must resolve when performing notarial duties in the process of the conclusion of a contract whose subject matter is the acquisition of rights in REM in immovable property located abroad. The author first deals with the question of whether Serbian notaries public have international jurisdiction to perform notarial duties with regard to these contracts. After that and bearing in mind that the governing law for these contracts is, pursuant to Art. 21 of Serbian Private International Law Act (SPILA), the law of the foreign state in which the immovable property is located, the author tries to clarify whether the notary public applies the rules of this applicable foreign law on the form of the contract or must comply with lex fori (domestic) rules on the form (which are, from the point of view of Serbian notaries public, of procedural nature). Finally, the author explains how, from the point of view of private international law, the notary public should proceed when concluding the contracts on exchange of two immovables, one of which is located in Serbia and the other in a foreign country, given that in such case the conflict-of-law rule of Art. 21 SPILA refers to two applicable laws - Serbian (domestic) law and foreign law.

scholarly journals Kolizyjnoprawne aspekty małżeństw dzieci

2019 ◽  
Vol 24 ◽  
pp. 77-107
Author(s):  
Ewa Kamarad
Keyword(s):  
International Law ◽  
Negative Impact ◽  
Point Of View ◽  
European Countries ◽  
Private International Law ◽  
Physical And Mental Health ◽  
Conflict Of Laws ◽  
Widespread Belief ◽  
The One ◽  
Substantive Law

In the Western culture there is a widespread belief that marriage should be contracted only by freely expressed will. Hence, marriages concluded at an early age are considered unacceptable. Entering into marriage by children has a negative impact on their education, physical and mental health, as well as their socioeconomic position. For this reason, such practices are incompatible with human rights. Therefore, European countries are trying to counteract them, which results in taking specific legislative actions. The intensification of these activities is particularly evident in the last decade, which is mainly caused by the increased migration to Europe from countries belonging to other cultural circles. Child marriages, being a phenomenon strongly embedded in culture, have become one of the areas where there are frictions between the majority, which in principle determines the shape of legal regulations, and minorities who, on the one hand, want to live in European countries, but also want to preserve the traditions that are cultivated in their countries of origin. The changes in law considering child marriages are undertaken in realm of substantive law as well as conflict of laws rules. In the second case, the states introduce specific public policy clauses referring to child marriages. The paper aims at describing and evaluating those changes in law, especially from the point of view of private international law.

scholarly journals “Fantasy Upon Fantasy”: Some Reflections on Dworkin’s Philosophy of International Law

Jus Cogens ◽  
2021 ◽  
Author(s):  
John Tasioulas
Keyword(s):  
International Law ◽  
John Rawls ◽  
Dual Function ◽  
Law Of Peoples ◽  
Liberal Democratic ◽  
International Court ◽  
International Legal Order ◽  
Theory Of Law ◽  
The One ◽  
Core Part

AbstractThis article offers a critique of Ronald Dworkin’s article “A New Philosophy for International Law”, (Philos Public Aff 41: 1–30, 2013). It begins by showing that Dworkin’s moralised theory of law is built on two highly questionable background assumptions. On the one hand, a descriptively implausible characterisation of a positivist-voluntarist view of international law as the reigning “orthodoxy”. On the other hand, the methodologically questionable assumption that a theory of international law must discharge the dual function of explaining the validity of international law in a manner that underwrites its presumptive legitimacy. In its core part, the article then offers a sustained criticism of Dworkin’s moralised account of the validity and legitimacy of international law. Various problems are identified with the “principle of salience” that Dworkin offers in place of consent as a ground for international law. A key concern is the difficulties that stem from Dworkin’s willingness to proceed on the “fantasy” assumption that his theory needs to get off the ground, i.e. that there is an international court with compulsory jurisdiction and reliable mechanisms for enforcing its judgements. Finally, the article concludes with some thoughts on how Dworkin’s “fantasy-based” approach led him to over-estimate the degree to which international law can be a vehicle for the global spread of liberal democratic values. More minimalist ambitions for international legal order, along the lines suggested by John Rawls in The Law of Peoples, seem more realistic.

La logique de la preuve dans la littérature bartoliste Quelques explications à partir de la Summa circa testes et examinationem eorum (Ms. Bruxelles, B.R., II 1442, fol. 101 ra – 103 rb)

2008 ◽  
Vol 76 (3-4) ◽  
pp. 249-271
Author(s):  
Yves Mausen
Keyword(s):  
Sensory Perception ◽  
Point Of View ◽  
The Other ◽  
Minor Premise ◽  
Other Hand ◽  
Logical Point ◽  
The One

Abstract The logic of evidence in Bartolistic literature, A reading of the Summa circa testes et examinationem eorum (Ms. Bruxelles, B.R., II 1442, fol.101 ra – 103 rb). – Bartolus teaches how to read testimonies from a logical point of view. On the one hand, the facts that the witness recounts constitute the minor premise of a syllogism, its conclusion being their legal characterization; therefore he is prohibited from pronouncing directly on any legal matter. On the other hand, given that the witness' knowledge of the facts has to stem from sensory perception, the information he provides has at least to constitute the minor premise of another syllogism, making for establishing the causa of his testimony.

XXVII.—The Inheritance of Long and Short Wings in the Weevil, Sitona hispidula, with a Discussion of Wing Reduction among Beetles

1928 ◽  
Vol 55 (3) ◽  
pp. 665-735 ◽  
Author(s):  
Dorothy J. Jackson
Keyword(s):  
Experimental Work ◽  
Adult Stage ◽  
Point Of View ◽  
The Other ◽  
Wing Dimorphism ◽  
Wing Reduction ◽  
Hereditary Factors ◽  
The Subject ◽  
The One ◽  
Evolutionary Point

It is well known that in many orders of typically winged insects species occur which in the adult stage are apterous or have the wings so reduced in size that flight is impossible. Sometimes the reduction of wings affects one sex only, as in the case of the females of certain moths, but in the majority of cases it is exhibited by both sexes. In many instances wing dimorphism occurs irrespective of sex, one form of the species having fully developed wings and the other greatly reduced wings. In some species the wings are polymorphic. The problem of the origin of reduced wings and of other functionless organs is one of great interest from the evolutionary point of view. Various theories have been advanced in explanation, but in the majority of cases the various aspects of the subject are too little known to warrant discussion. More experimental work is required to show how far environmental conditions on the one hand, and hereditary factors on the other, are responsible for this phenomenon. Those species which exhibit alary dimorphism afford material for the study of the inheritance of the two types of wings, but only in a few cases has this method of research been utilized.

Grotian Moments and Peremptory Norms of General International Law: Friendly Facilitators or Fatal Foes?

Grotiana ◽  
2021 ◽  
Vol 42 (2) ◽  
pp. 335-353
Author(s):  
Dire Tladi
Keyword(s):  
International Law ◽  
The Other ◽  
High Threshold ◽  
Other Hand ◽  
State Practice ◽  
The One ◽  
Jus Cogens ◽  
The Right ◽  
Peremptory Norms ◽  
Law Making

Abstract The concept of a Grotian moment remains rather obscure in international law. On the one hand, it can refer simply to an empirical fact which galvanises the ordinary law-making processes, whether treaty-making or State practice, resulting in major shifts in international law. On the other hand, a Grotian moment might be seen as an event so significant that it results in an extraordinary shift in international law without full adherence to the processes for law-making. The former understanding has little legal significance, while the latter, which would be legally significant, would be controversial and without legal basis. Against this background the article discusses the intersections between peremptory norms and Grotian Moments. It does this by looking at the intersection between the two concepts as well as the intersection between Grotian Moments, on the one hand and, on the other hand, particular jus cogens norms. With respect to the former, for example, the article will consider whether the high threshold of peremptory status facilitates and hinders Grotian moments. With respect to the latter, the article will consider particular norms that have been said to have shifted on account of the Grotian moments, namely the right to use of force in self-defence as well humanitarian intervention.

Translation and interpretation in Abhidharmakośa

Diogenes ◽  
2021 ◽  
Vol 29 (2) ◽  
Author(s):  
Mitko Momov
Keyword(s):  
Critical Review ◽  
Point Of View ◽  
Literal Meaning ◽  
The Other ◽  
Young Scholar ◽  
Other Hand ◽  
The One

Rosemberg (1991) has made a critical review of a long-standing discussion between Eastern philologists and Buddhist philosophers. The discussion is centered around the translation of the doctrine on the one hand, and its philosophical systematization on the other hand. When scientific-philological translation prevails, the literal meaning of Buddhist terminology is declared to be its basis. The young scholar, who had specialized in Japan, studied Buddhism from Japanese and Chinese sources and collected lexicographic material from non-Hindu sources. After comparing them, he encountered inaccuracies in the translation. In an attempt to overcome them, he preferred the point of view of the philosophy of Buddhism. The conclusion that he has drawn in the preface of this edition is that the study should begin with a systematization of antiquity.

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