scholarly journals Natural Rights, Under-Specified Rights, and Bills of Rights

2016 ◽  
Vol 29 (4) ◽  
pp. 449-464
Author(s):  
Russell Hittinger
Keyword(s):  
Ad Hoc ◽  
Practical Purpose ◽  
Natural Rights ◽  
Constitutional History ◽  
World War Two ◽  
World War ◽  
Precise Nature ◽  
The Government ◽  
The Right ◽  
Case Basis

The lawers of antiquity defined justice as "giving to each what is his ius [due, right]": ius suum cuique tribuere. Until or unless someone can rightfully claim "that is owed to me [him, or them]" there is no issue of justice. For any practical purpose, the discourse of rights depends on our ability to recognize with some precision who owes what to whom. Bills and charters of rights typically enumerate things which the government owes to citizens or persons. Since World War Two, domestic and international declarations have emphasized obligations of states to recognize human or natural rights. However, these lists often include "rights" which are rather general and under-specified. Under-specified rights have two deleterious consequences for constitutionally limited governments. First, such "rights" inspire the belief that persons have rights prior to anyone knowing precisely what they are. Second, under-specified rights typically burden courts with the task of discovering on a case by case basis the precise nature of the right under dispute. Since bills or charters of rights aim to limit the government, we might doubt whether this purpose is really achieved when the government must specify the right on an ad hoc basis. These problems are investigated in light of U.S. constitutional history.

scholarly journals Zločin genocida: međunarodno pravo i pravo Bosne i Hercegovine / Crime of Genocide - International Legislation and Legislation of Bosnia and Herzegovina

2016 ◽  
Vol 6 (6) ◽  
pp. 175 ◽  
Author(s):  
Dragan Jovašević ◽  
Marina Simović
Keyword(s):  
World War Ii ◽  
Bosnia And Herzegovina ◽  
Ad Hoc ◽  
International Crime ◽  
Strict Sense ◽  
Criminal Offence ◽  
Human Group ◽  
World War ◽  
The Right ◽  
Criminal Legislation

Both international and national criminal legislation, considers genocide as particularly severe and socially dangerous criminal offence (crime). It is the worst form of violation of the right to life and existence of entire human groups - national, racial, religious or ethnic. This is the crime of crimes and is considered to be the most severe crime of today. In the strict sense, this is an international crime which by giving orders or taking immediate actions fully or partially destroys an entire human group. Therefore, after the World War II, on the basis of international documents adopted within the framework of the organization of UN, all modern countries included genocide in their national legislations (basic or special) as the most severe crime threatened by the most severe types and measures of sanctions. A similar situation exists in Bosnia and Herzegovina as well. However, this crime is known to numerous international documents establishing primary jurisdiction of international (permanent or temporary - ad hoc) military or civilian courts.

Symbols and the culture of memory in Republika Srpska Krajina

2013 ◽  
Vol 41 (6) ◽  
pp. 893-909 ◽  
Author(s):  
Vjeran Pavlaković
Keyword(s):  
Parallel Process ◽  
World War Two ◽  
World War ◽  
The Past ◽  
The Government ◽  
Republika Srpska

This article examines how rebel Serbs in Croatia reinterpreted narratives of World War Two to justify their uprising against the democratically elected Croatian government in 1990 and gain domestic and international legitimacy for the Republika Srpska Krajina (RSK) parastate. While scholars have written about the strategies nationalist elites used regarding controversial symbols and the rehabilitation of World War Two collaborators in Croatia and other Yugoslav successor states, the RSK's “culture of memory” has received little attention. Based on documents captured after the RSK's defeat in 1995, this article shows that it was not only the government of Franjo Tudjman that rejected the Partisan narratives of “Brotherhood and Unity,” but a parallel process took place among the leadership in the Krajina. Ultimately the decision to base the historical foundations of the Croatian Serbs’ political goals on a chauvinist and extremist interpretation of the past resulted in a criminalized entity that ended tragically for both Serbs and Croats living on the territory of the RSK.

The Radium Committee of the Royal Society and the fate of the substances purchased by it

2012 ◽  
Vol 66 (2) ◽  
pp. 169-194 ◽  
Author(s):  
Neil Todd
Keyword(s):  
World War I ◽  
Royal Society ◽  
Ad Hoc ◽  
Research Fund ◽  
World War ◽  
Ernest Rutherford ◽  
History Of ◽  
Government Laboratory ◽  
The Government ◽  
First Time

In this article, documents relating to the history of the Radium Committee of the Royal Society are collated for the first time. Founded in 1903, the committee had its status enhanced in 1904, when the Goldsmiths' Company donated £1000 for the establishment of a Radium Research Fund. Two years later the fund was used to purchase 500 kg of pitchblende residues from the Austrian government. The French chemist Armet de Lisle was contracted to perform the first stage of extraction, and the process of purification was performed at the Government Laboratory during 1907 by the Government Analyst, T. E. Thorpe, yielding an estimated 70 mg of radium chloride. In 1914 the unexpended balance of about £500 was awarded to Ernest Rutherford, but the bulk was not used until 1921, when Rutherford had moved to Cambridge. The fund was then used to purchase radium that had been on loan to him from Austria before World War I. After Rutherford's death in 1937 the Committee was wound up, and the Society's radium was controlled on a more ad hoc basis. After Thorpe's work in 1907, the radium was lent out successively to several leading scientists until its existence was last recorded in 1953.

scholarly journals ODPOWIEDZIALNOŚĆ ZSRR ZA NARUSZENIA PRAWA MIĘDZYNARODOWEGO W STOSUNKU DO POLSKI W LATACH 1939-1945

2017 ◽  
Vol 5 (1) ◽  
pp. 213
Author(s):  
Krzysztof Czubocha
Keyword(s):  
Soviet Union ◽  
Second World War ◽  
World War ◽  
National Unity ◽  
External Interference ◽  
The Soviet Union ◽  
The Government ◽  
Polish Government ◽  
The Right ◽  
Second World

International Responsibility of the Soviet Union for its Illegal Actions against Poland between 1939 and 1945SummaryThe author of the paper comes to a conclusion that many actions concerning Poland taken by the Soviet Union during The Second World War constituted an abuse of power. The Soviet U nion invaded Poland and illegally occupied its Eastern territories until 1945. As a result of the aggression, hundreds of thousands of Polish soldiers and citizens were killed or persecuted.At the end of The Second W orld W ar decisions concerning Poland were taken at inter-Allied conferences w ithout Poland’s participation. The Great Powers decided to deprive Poland of its Eastern territories against the will of the Polish Government-in-exile, which was legal at that time. W hat is more, Poland was not a signatory of the Jalta and Potsdam agreements. Therefore, the decisions referring to Polish Eastern border should be invalidAs far as the problem of a new Polish government is concerned, it is necessary to stress that according to international law a change of a government in a particular state should take place w ithout any external interference. Nevertheless, the Soviet U nion decided to create a new government for Poland to replace the legal government-in-exile. As a consequence, the Provisional Government of National Unity was created., It consisted mostly of communists who were dependent on the Soviet Union. Many o f them were Soviet spies. They were able to gain power only as a result of the Soviet military intervention in Poland. The government did not represent Polish society and was created against its will. The Soviet U nion did not have the right to impose this sort of government on Poland.The problem of reconciliation between Poland and Russia is also approached in the paper. During the Second World War Polish state and its citizens suffered great losses. Neither the Soviet U nion nor Russia has ever assumed responsibility for the Soviet U nion’s illegal actions against Poland and its citizens between 1939 and 1945. In such circumstances any sort of reconciliation cannot take place. 

International Court of Justice

1950 ◽  
Vol 4 (4) ◽  
pp. 670-670
Keyword(s):  
Political Party ◽  
Ad Hoc ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Colombian Government ◽  
The Government ◽  
The Right

This case was brought to the Court following a dispute between Colombia and Peru on the interpretation of the Convention on Asylum signed at Havana in 1928 and the right of asylum. The government of Peru charged that the government of Colombia did not keep within the terms of the treaty when asylum was granted to Victor Raul Haya de la Torre, a writer and the head of a political party, by the Colombian government in the Colombian Embassy in Lima, Peru. Since the Court had neither a national of Colombia or Peru sitting on the bench, both governments availed themselves of Article 31 (3) of the Statute and named Dr. José Joaquin Caicedo Castilla (Colombia) and Dr. Luis Alayza y Paz Soldan (Peru) to sit as judges ad hoc.

Decree Powers and Constitutional Law in France under the Third Republic

1940 ◽  
Vol 34 (6) ◽  
pp. 1104-1123 ◽  
Author(s):  
Otto Kirchheimer
Keyword(s):  
Third Republic ◽  
General Character ◽  
World War ◽  
The Third ◽  
Starting Point ◽  
The World ◽  
Emergency Power ◽  
The Government ◽  
The Right ◽  
Rule Making

In the World War period and after, the use of extraordinary powers by the executive for legislative purposes became so widespread in Europe that constitutional theorists began to find it convenient to give up the doctrine of legislative supremacy. The constitutional basis for these extraordinary powers has been found in one of two ways: either the parliament may authorize the government to exercise certain legislative functions by way of delegation, or certain provisions in the constitution may be interpreted as giving the executive the right under certain circumstances not only to take specific administrative steps, but also to issue rules of a more general character. In either case, the question invariably arises as to how far the delegation of power may go, or as to the degree to which alleged constitutional emergency provisions may be used to supersede parliamentary legislation.In France, no constitutional emergency power is provided in the “organic” laws of 1875 which could give a starting point for independent rule-making activity. A law of April 3, 1878, defined very closely the conditions under which a state of siege may be declared and surrounded such a declaration with elaborate provisions for parliamentary supervision. It is apparent that this statute does not allow the government to decree rules of a general character.

scholarly journals MUSEUM OF THE SECOND WORLD WAR – TWO STANCES

Muzealnictwo ◽  
2017 ◽  
Vol 58 (1) ◽  
pp. 102-108
Author(s):  
Marcin Kula ◽  
Piotr Majewski
Keyword(s):  
Ad Hoc ◽  
Second World War ◽  
Political Context ◽  
Social Expectations ◽  
Cultural Institutions ◽  
World War Two ◽  
World War ◽  
Key Issues ◽  
Controversial Problem ◽  
Second World

Two stances of Polish historians present a nuanced methodological view of the socially controversial problem of the investment entitled the Museum of the Second World War. Building the museum, the discussions concerning the form of its permanent exhibition – apart from their ad hoc political context – touched on key issues for museology: the autonomy of cultural institutions, the authorial rights of the team preparing the exhibition, but most of all, the challenge posed by the attempt to present the various social expectations typical of communities with diverse historical sensitivities in the exhibition. The two stances presented continue this discussion which is being held on the basis of history and museology.

scholarly journals Bosnia and Herzegovina in Serbian cultural club concepts

2020 ◽  
Vol 3 (4) ◽  
pp. 108-132
Author(s):  
Osman Sušić ◽  
Keyword(s):  
Bosnia And Herzegovina ◽  
Second World War ◽  
World War ◽  
Entire Area ◽  
The Balkans ◽  
Starting Point ◽  
The Government ◽  
The Right ◽  
Banja Luka ◽  
Second World

This paper covers the period from 1937 to 1945, the period of the establishment and works of the Serbian Cultural Club. The paper will discuss the political circumstances in the Kingdom of Yugoslavia in wich Serbian Cultural Club was founded, as well as the program goals and its activities in Bosnia and Herzegovina. Special emphasis will be put on the period of the Second World War in the Bosnia and Herzegovina and the former common state and the activities of the Serbian Cultural Club in the Second World War. The work and achievement of the program goals of the Serbian Cultural Club in the Second World War will be presented through the work of the Exile Government in London and the activities of the Chetniks Movement in the Bosnia and Herzegovina and the former common state. The Serbian Cultural Club was formed as a form of political association and activity, which included politicians, public workers, scientists, members of various political organizations, representatives of state and parastate bodies and organizations, under the slogan "Serbs for Reunion". The club acted as a unique and homogeneous organization, regardless of the composition of the membership, with the goal of saving Serbia and Serbs. This most clearly expressed his overall activity, composition and degree of influence on state policy. The most important issues of state or Serbian nationalist policy for the interest of the Government were discussed in the Club, so the club had an extensive network of boards and several media. Professor and Rector of the University of Belgrade, Dr. Slobodan Jovanović, was elected the first president of the Serbian Cultural Club. He was the ideological creator of this organization (and he set out the basic tasks and goals of the Club). The vice presidents were Dr. Nikola Stojanović and Dr. Dragiša Vasić, and Dr. Vasa Čubrilović the secretary. Dr. Stevan Moljevic was the president of the board of the Serbian Cultural Club for the Bosnian Krajina, based in Banja Luka. According to Dinić, the initiative for the formation of the Serbian Cultural Club was given by Bosnian-Herzegovinian Serbs Dr. Nikola Stojanović, Dr. Vladimir Čorović, Dr. Vladimir Grčić and Dr. Slobodan Jovanović. The activities of the Serbian Cultural Club can be divided into two stages. The first from its founding in 1936 until the signing of the Cvetković-Maček agreement, and the second from 1939 to 1941. The program of the Serbian Cultural Club was a sum of Greater Serbia programs of all major political parties that operated in Serbia with the help of state institutions. The goals of the Serbian Cultural Club were mainly: expansionist policy of expanding Serbian rule to neighboring areas, denying the national identity of all other Yugoslav nations and exercising the right to self-determination. The program goals of the Serbian Cultural Club were to propagate Greater Serbian ideology. With its program about Greater Serbia and its activities, the Serbian Cultural Club has become the bearer of the most extreme Serbian nationalist aspirations. After the Cvetković-Maček agreement of August 1939, the Serbian Cultural Club demanded a revision of the agreement, calling for a Serbo-Croatian agreement based on ethnic, historical or economic-geographical principles. The adoption of one of these principles was to apply to the entire area inhabited by Serbs. The subcommittees of the Serbian Cultural Club in Bosnia and Herzegovina had the primary task of working to emphasize its Serbian character, and after the Cvetkovic-Macek agreement to form awareness that the whole of Bosnia and Herzegovina should enter the Serbian territorial unit. With the prominent slogan "Wherever there are Serbs - there is Serbia", the Serbs in Bosnia and Herzegovina were marked as the "vigilant guardian of the Serbian national consciousness". The leadership and most of the members of the Serbian Cultural Club joined the Chetnik movement as Draža Mihailović's national ideologues. The policy of the militant Greater Serbia program and Serbian nationalism of the Serbian Cultural Club was accepted as the program of Draža Mihailović's Chetnik movement. Some of Draža Mihailović's most important associates belonged to the Serbian Cultural Club. The main political goals of the Chetnik movement are formulated in several program documents. The starting point in them was the idea of a "Greater and Homogeneous Serbia", which was based on the idea that Serbs should be the leading nation in the Balkans.

scholarly journals Natalia Papenko, Evgen Papenko. Society and State in the Works of Thomas Paine

2018 ◽  
pp. 187-200
Author(s):  
Natalia Papenko ◽  
Evgen Papenko
Keyword(s):  
Social Process ◽  
Social Philosophy ◽  
The State ◽  
Natural Rights ◽  
Thomas Paine ◽  
The Social ◽  
The Government ◽  
Representative System ◽  
The Right ◽  
Necessary Evil

The article discovers the philosophical, socio-political views of the famous American enlightener, philosopher, and participant of the war for independence of northern American colonies of Great Britain – Thomas Paine (1737-1809). The article aims to demonstrate that the equality of people in accordance with their nature has been the main motive of Thomas Paine’s social philosophy. “Natural rights” have been determined by him as those pertaining to a human according to the right of its existence. Thomas Paine, being one of the first American enlighteners, has proved that the terms of “state” and “society” had appeared independently. The humans’ need of the social process, saving of their natural rights had forced them to unite into a society. This statement of the enlightener has been extremely important and accurate: “The society is produced by our desires, and government is produces by our wickedness… The society in every state is a blessing, but the government…is nothing but a necessary evil, and otherwise – an intolerable one”. It is proved that all philosophic works of T. Paine have been pierced by the thought about the inevitability of the state creation. The origin and the existence of state power becomes possible only under the social agreement, as exactly according thereto the humanity is able to realize its natural rights, and only under the social agreement the supreme power in the state shall belong to the nation. The article analyzes T. Paine’s conception about the leadership of the nation, republican principles and representative system of government in the republic form. The contemporaries called Thomas Paine “the British Voltaire” for his fight against willfulness of the church and clergy. He believed in the power of greatness of Mind and Virtue, which had to destroy the wickedness of civilizational society.

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