scholarly journals Use of Legally Non-Binding Instruments in Contemporary Practice of International Relations

Author(s):  
Duško Glodić

The article explores the use of legally non-binding (informal) instruments in contemporary international practice by international political actors. In this context, the article examines definitions and main characteristics of legally non-binding instruments, as well as their effects. In addition, the use of this type of instruments was assessed as a practical response to the need of concerting between the political actors at the international plane due to their functionality and flexibility. It was concluded that these instruments implied a softer form, unlike treaties, and the act of their conclusion does not require conducting a formal and cumbersome procedures, such as parliamentary ratification. These instruments imply political commitments between their parties and their effects are usually shielded by the bona fides principle. Although these instruments are generally deprived of legally binding effects, they remain quite pragmatic tools in brokering political agreements at the diplomatic level between relevant international political actors.

2016 ◽  
Vol 23 (1) ◽  
pp. 26-48 ◽  
Author(s):  
Kavi Joseph Abraham ◽  
Yehonatan Abramson

The turns to pragmatism and practice theory in recent years are indicative of a fragmented discipline searching for the ends of International Relations theory. While diverse and contested, both bring forth conceptual language — habit, habitus, field, or practice — that promises to reorient the field on different grounds, with different implications for thinking about the vocation of International Relations. This article considers the contributions made possible by pragmatism in light of the turn to practices, outlining a “pragmatic International Relations” that is tasked with a political project: constituting the public in an age of global governance. It does so through a reading of Dewey that foregrounds his political commitments to democracy as a form of publicly inclusive inquiry. Rather than severing the normativity inscribed in Dewey’s social theory, this article demonstrates how his political values were productive of his theoretical practice. As such, we argue that Dewey does not dispense with metaphysics in order to attend to political problems, but, instead, locates metaphysics as constitutive of the political problem itself: democracy in the age of expertise.


Politeja ◽  
2020 ◽  
Vol 17 (6(69)) ◽  
pp. 197-226
Author(s):  
Błażej Popławski

Diplomatic Politolinguistics. The Analysis of the Perception of Sub-Saharan Africa in the Exposé of the Ministers of Foreign Affairs of the Second and Third Polish Republics The aim of the article is to present the image of sub-Saharan Africa in the exposé of the ministers of foreign affairs of the Second andThird Republics of Poland, in the context of changes in the ideological imaginary of the Polish diplomacy. The introduction describes a political linguistic perspective which was adopted in the work, treating the discourse of political actors as one of the main determinants of the political universe. Then the “parliamentary custom” of delivering an exposé was characterised. The next part discusses the perception of the colonial and imperial idea in the Second Polish Republic. Research on the information provided by the chiefs of the diplomacy after 1989 was focused on the description of the transfer of democracy to the South, the clash of civilizations, and securitization in the international relations.


SEEU Review ◽  
2020 ◽  
Vol 15 (2) ◽  
pp. 56-71
Author(s):  
Arsim Thaçi ◽  
Ismail Zejneli

Abstract Beheld in terms of international law, its subjects such as states, governments or international organizations always communicate with each other based on the spirit of the provisions of the field of international law. In the framework of the breaches, respectively the deliberate violation of these provisions, is the case of the so-called "Gulenists", where all the links of the system under which the extradition matter is built upon, are exempted. Our country will keep this stain for a long time, while in the archives of justice it will be treated as a case that should not have happened, always based on the commitment to the strict implementation of the provisions of the field of international law that our state has always had. At least they should have been held accountable, even criminally; hence, such cases to have never been repeated in our country. The lack of criminal accountability of the actors-senior state officials directly implicated in this case has left scars in our system, which at that moment is widely considered as a delayed system, while at an instant the whole commitment in this direction is shaken. This stain could have been avoided post festum - even in the circumstances when it happened, that is, even in the situation when all the political actors had been implicated in this case. In this regard, whilst analyzing the provisions we can assume that despite the deficiencies and continuously looking at the volume of legal provisions of this law, yet, we can consider that our system in this area has advanced and has ongoing initiatives to improve this system to the extent that could meet the requirements in relation to the dynamics of social and international relations.


2005 ◽  
Vol 4 (1) ◽  
pp. 73-86 ◽  
Author(s):  
David Wetherell

Every discipline which deals with the land question in Canaan-Palestine-Israel is afflicted by the problem of specialisation. The political scientist and historian usually discuss the issue of land in Israel purely in terms of interethnic and international relations, biblical scholars concentrate on the historical and archaeological question with virtually no reference to ethics, and scholars of human rights usually evade the question of God. What follows is an attempt, through theology and political history, to understand the history of the Israel-Palestine land question in a way which respects the complexity of the question. From a scrutiny of the language used in the Bible to the development of political Zionism from the late 19th century it is possible to see the way in which a secular movement mobilised the figurative language of religion into a literal ‘title deed’ to the land of Palestine signed by God.


Author(s):  
Vasyl Karpo ◽  
Nataliia Nechaieva-Yuriichuk

From ancient times till nowadays information plays a key role in the political processes. The beginning of XXI century demonstrated the transformation of global security from military to information, social etc. aspects. The widening of pandemic demonstrated the weaknesses of contemporary authoritarian states and the power of human-oriented states. During the World War I the theoretical and practical interest toward political manipulation and political propaganda grew definitely. After 1918 the situation developed very fast and political propaganda became the part of political influence. XX century entered into the political history as the millennium of propaganda. The collapse of the USSR and socialist system brought power to new political actors. The global architecture of the world has changed. Former Soviet republic got independence and tried to separate from Russia. And Ukraine was between them. The Revolution of Dignity in Ukraine was the start point for a number of processes in world politics. But the most important was the fact that the role and the place of information as the challenge to world security was reevaluated. The further annexation of Crimea, the attempt to legitimize it by the comparing with the referendums in Scotland and Catalonia demonstrated the willingness of Russian Federation to keep its domination in the world. The main difference between the referendums in Scotland and in Catalonia was the way of Russian interference. In 2014 (Scotland) tried to delegitimised the results of Scottish referendum because they were unacceptable for it. But in 2017 we witness the huge interference of Russian powers in Spain internal affairs, first of all in spreading the independence moods in Catalonia. The main conclusion is that the world has to learn some lessons from Scottish and Catalonia cases and to be ready to new challenges in world politics in a format of information threats.


Public Voices ◽  
2016 ◽  
Vol 14 (1) ◽  
pp. 115
Author(s):  
Mary Coleman

The author of this article argues that the two-decades-long litigation struggle was necessary to push the political actors in Mississippi into a more virtuous than vicious legal/political negotiation. The second and related argument, however, is that neither the 1992 United States Supreme Court decision in Fordice nor the negotiation provided an adequate riposte to plaintiffs’ claims. The author shows that their chief counsel for the first phase of the litigation wanted equality of opportunity for historically black colleges and universities (HBCUs), as did the plaintiffs. In the course of explicating the role of a legal grass-roots humanitarian, Coleman suggests lessons learned and trade-offs from that case/negotiation, describing the tradeoffs as part of the political vestiges of legal racism in black public higher education and the need to move HBCUs to a higher level of opportunity at a critical juncture in the life of tuition-dependent colleges and universities in the United States. Throughout the essay the following questions pose themselves: In thinking about the Road to Fordice and to political settlement, would the Justice Department lawyers and the plaintiffs’ lawyers connect at the point of their shared strength? Would the timing of the settlement benefit the plaintiffs and/or the State? Could plaintiffs’ lawyers hold together for the length of the case and move each piece of the case forward in a winning strategy? Who were plaintiffs’ opponents and what was their strategy? With these questions in mind, the author offers an analysis of how the campaign— political/legal arguments and political/legal remedies to remove the vestiges of de jure segregation in higher education—unfolded in Mississippi, with special emphasis on the initiating lawyer in Ayers v. Waller and Fordice, Isaiah Madison


Author(s):  
Douglas I. Thompson

In academic debates and popular political discourse, tolerance almost invariably refers either to an individual moral or ethical disposition or to a constitutional legal principle. However, for the political actors and ordinary residents of early modern Northern European countries torn apart by religious civil war, tolerance was a political capacity, an ability to talk to one’s religious and political opponents in order to negotiate civil peace and other crucial public goods. This book tells the story of perhaps the greatest historical theorist-practitioner of this political conception of tolerance: Michel de Montaigne. This introductory chapter argues that a Montaignian insistence that political opponents enter into productive dialogue with each other is worth reviving and promoting in the increasingly polarized democratic polities of the twenty-first century.


Author(s):  
Hazel Gray

This chapter contrasts the way that the political settlement in both countries shaped the pattern of redistribution, reform, and corruption within public finance and the implications that this had for economic transformation. Differences in the impact of corruption on economic transformation can be explained by the way that their political settlements generated distinct patterns of competition and collaboration between economic and political actors. In Vietnam corrupt activities led to investments that were frequently not productive; however, the greater financial discipline imposed by lower-level organizations led to a higher degree of investment overall in Vietnam that supported a more rapid economic transformation under liberalization than in Tanzania. Individuals or small factional networks within the VCP at the local level were, therefore, probably less able to engage in forms of corruption that simply led to capital flight as happened in Tanzania, where local level organizations were significantly weaker.


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