scholarly journals Dialectics of globalization and regionalization in legal space of the state and international organizations

2020 ◽  
pp. 29-44
Author(s):  
Valerii Borisovich Ryzhov
Keyword(s):  
International Relations ◽  
International Law ◽  
International Organizations ◽  
Social Life ◽  
Global Market ◽  
World Politics ◽  
Modern World ◽  
Stage Of Development ◽  
Legal Space ◽  
Current Stage

The current stage of development of international relations marks the two fundamental processes: globalization and regionalization. They coexist in a dialectical unity. The article explores some important aspects of this process: conflict of legal values, reflected in the contradictory law enforcement practice; peculiarities of globalization in context of law of international organizations; globalization and regionalization in the activity of transnational corporations. It is noted that the establishment of global market requires a clear legal formalization. Research methodology is based on the general methods of cognition: dialectical, logical, systemic, functional; as well as the methods common to the science of international law: systemic-legal, comparative-legal, and interpretation of law. The thesis is substantiated that globalization and regionalization are the revolutionizing phenomena with regards to social life and world politics. The author determines the patterns of these political-legal occurrences in the modern world. A thought is highlighted that we are the witnesses of the formation of a new and interdependent world, which implements the principle of supremacy of law in the international relations.

scholarly journals The Legal Nature of International Energy Associations in the Modern World

Lex Russica ◽  
2019 ◽  
pp. 72-90
Author(s):  
A. S. Gulasaryan
Keyword(s):  
International Relations ◽  
International Law ◽  
International Organizations ◽  
International Organization ◽  
Modern World ◽  
Russian Science ◽  
Transnational Organizations ◽  
Legal Nature ◽  
The Russian Federation ◽  
First Time

For the first time in the Russian science of international law the author of the paper performs a comprehensive analysis of the legal nature of international energy associations, their role in international administration in the sphere of energy.International energy associations are grouped into four categories depending on their legal nature: 1) associations in the form of public international organizations (IAEA; Eurato/ESAE; OPEC; EES CIS; CECH; EC; FEG; IRENA);2) associations functioning as a body of a public international organization (IEA OECD); 3) associations that can be considered as international non-governmental (transnational) organizations (WEC, IGU, IOC), (4) associations that can be classified as informal international associations (G7/G8; G20; IEF). It is noted that the international energy administration involves not only public international organizations, but also non-legal actors of international relations— international non-governmental(transnational) organizations and informal international associations. In order to determine the legal nature of international energy associations, the author considers constituent instruments, resolutions (decisions), headquarters agreements, agreements regarding privileges and immunities of international organizations, treaties and the contemporary doctrine of international law.Provisions, generalizations and conclusions provided for in the article, can be used for the development of strategies of interaction of the Russian Federation with the above-mentioned associations in the field of energy.

scholarly journals Autonomy or Sovereignty: the Case of the European Union

2020 ◽  
Vol 20 (2) ◽  
pp. 73-92
Author(s):  
Danuta Kabat-Rudnicka
Keyword(s):  
European Union ◽  
International Relations ◽  
International Law ◽  
International Society ◽  
International Organizations ◽  
International Organization ◽  
Modern World ◽  
The European Union ◽  
Jean Bodin ◽  
New Type

Summary Sovereignty is a key concept in international law and international relations. First defined and discussed by Jean Bodin, sovereignty is considered to be an inherent attribute of any state. However, the changes that international society has undergone since the Treaty of Westphalia, including the emergence of different state and non-state actors vying for power and authority, have called into question the position of the state as the main actor in the modern world. This in turn has given rise to the following questions: how should the very concept of sovereignty be understood today? Given the growing importance of international organizations and regional integrational arrangements can the concept of sovereignty be extended to cover entities other than states; and in case of the European Union, what makes us think in terms of sovereignty rather than autonomy? This analysis is an attempt to apply the concept of sovereignty to contemporary international organizations. The main thesis is as follows: in the case of international organizations, especially a new type of organization, it is also legitimate to consider a narrative in terms of sovereignty, not just autonomy. The example studied here is the European Union as an international organization-cum-regional integrational arrangement.

scholarly journals Principles of international humanitarian law

Legal Ukraine ◽  
2020 ◽  
pp. 35-43
Author(s):  
Viktor Bazov
Keyword(s):  
International Relations ◽  
International Law ◽  
International Organizations ◽  
Armed Forces ◽  
Modern World ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The European Union ◽  
Effective Response ◽  
Further Development

The article considers topical issues of the general concept and system of principles of international humanitarian law. The basic general and special principles of this branch of international law are investigated, and also the principles and ways of interpretation of its norms are analyzed. The tendencies of further development of the principles of international humanitarian law are determined. In the modern world, international humanitarian law has become a unique legal phenomenon and has acquired the most universal institutional and legal nature. But even today, this authoritative branch of international law continues its development, which is influenced by numerous factors, including increasing the conflict of modern international relations, which necessitates effective action by the UN and other international organizations and individual states, and, in turn, requires a theoretical analysis of the humanitarian international legal force mechanism that international law theorists hope can provide an effective response to the brutal challenges of the new millennium. However, this leads to the fact that in some cases the forces of the UN or other international organizations actually become a party to an armed conflict, which leads to the fact that such a conflict already affects not only the state or states of the conflict zone, but also third countries place their armed forces at the disposal of international organizations. The need to comply with international humanitarian law is highlighted in numerous Security Council resolutions and decisions of other UN bodies, decisions of regional international organizations, including the Council of Europe and the European Union, which significantly affect the formation and further development of international humanitarian law. Key words: theory of international law, principles of international humanitarian law, system of principles, international relations, international judicial practice.

Theory of states multilateral interaction on the example of BRICS activities

2021 ◽  
pp. 590-601
Author(s):  
Babek R. Asadov ◽  
Vladimir A. Gavrilenko ◽  
Stanislav B. Nemchenko
Keyword(s):  
Legal Status ◽  
World Order ◽  
World Politics ◽  
Modern World ◽  
Joint Policy ◽  
Common Interests ◽  
Legal Space ◽  
Object Of Study ◽  
World Development ◽  
Rela Tions

The object of study is the BRICS activities as a special format of multilateral interaction between states. We consider the theory of above-mentioned interaction and cooperation of countries, which are expressed in the implementation of a joint policy on a number of issues. The evolution of BRICS and its unification in the international legal space contributes to ob-servance of common interests and views of BRICS participants on the prob-lems of modern international relations, reflects the objective trends of world development and the formation of a multipolar system of international rela-tions, ensures the interests of individual major state actors in broad interna-tional integration. The relevance of the issues under study lies in the fact that individual features of the international legal status of BRICS are investigated, which make it possible to effectively influence the challenges of modern world. The legal status of BRICS is fundamentally different from traditional legal approaches to international organizations and acting as a special subject of world politics, creating the most trusting conditions for interaction, BRICS focuses on other principles of world order within the framework of a new model of global relations.

20. International organizations in world politics

2016 ◽  
Author(s):  
Susan Park
Keyword(s):  
International Relations ◽  
United Nations ◽  
Case Studies ◽  
International Monetary Fund ◽  
International Organizations ◽  
World Politics ◽  
Democratic Deficit ◽  
The United Nations ◽  
The International Monetary Fund

This chapter examines the role that international organizations play in world politics. It explains what international organizations are, whether we need international organizations in international relations, and what constraints and opportunities exist for international organizations to achieve their mandates. The chapter also considers the reasons why states create international organizations and how we can analyse the behaviour of such organizations. Two case studies are presented: the first is about the United Nations Conference on Trade and Development (UNCTAD) and the G77, and the second is about the International Monetary Fund (IMF) and the interests of money-centre banks. There is also an Opposing Opinions box that asks whether international organizations suffer from a ‘democratic deficit’.

Part I Introduction, Ch.3 The Law and Politics of International Organizations

2016 ◽  
Author(s):  
Dunoff Jeffrey L
Keyword(s):  
International Relations ◽  
International Law ◽  
International Organizations ◽  
The Political ◽  
Law And Politics ◽  
Theoretical Approaches ◽  
Political Implications ◽  
Key Characteristics ◽  
The Creation ◽  
Institutional Fragmentation

This chapter describes the contours of the international law (IL) and international relations (IR) scholarship on international organizations (IOs), as well as some of its key characteristics and debates. It proceeds in three parts. Part I briefly surveys the major theoretical approaches to the creation and functions of IOs found in the IL and IR literature. Part II analyzes the most important conceptual debates that have occupied IO scholars in recent years, including debates over the autonomy, accountability, and legitimacy of IOs. Part III explores a cluster of policy dilemmas, including the political implications of institutional fragmentation, how to manage IO interactions, and why IOs increasingly seem unable to effectively address matters of pressing international concern.

14. Enforcement

2020 ◽  
pp. 294-310
Author(s):  
Paola Gaeta ◽  
Jorge E. Viñuales ◽  
Salvatore Zappalà
Keyword(s):  
International Relations ◽  
International Law ◽  
International Organizations ◽  
Armed Force ◽  
Typical Form

This chapter analyses the enforcement of international law by States acting individually, that is, decentralized enforcement, including by their courts, as well as through retortion or countermeasures (once called reprisals). This is the typical form of enforcement under traditional international law. At the same time, enforcement might take place through measures taken by States acting collectively, that is, through mechanisms that include resort to collective measures, such as those adopted at the UN level (or within other international organizations), which can lead to collective sanctions. The first form of enforcement looks at the traditional law governing retortion and reprisals or countermeasures (as they are now called), as well as at the post-1945 law, taking into account that the ban on the use of armed force in international relations imposes that all enforcement measures taken by States individually must be peaceful. The second form examines the issue of collective sanctions, such as those taken at UN level.

Universal International Law

1993 ◽  
Vol 87 (4) ◽  
pp. 529-551 ◽  
Author(s):  
Jonathan I. Charney
Keyword(s):  
International Relations ◽  
International Law ◽  
International Organizations ◽  
Diplomatic Relations ◽  
State Behavior ◽  
Legal Principles ◽  
Bilateral Relations ◽  
Uniform State ◽  
The Common ◽  
Multilateral Treaties

In this shrinking world, states are increasingly interdependent and interconnected, a development that has affected international law. Early international law dealt with bilateral relations between autonomous states. The principal subjects until well into this century were diplomatic relations, war, treaties and the law of the sea. One of the most significant developments in international law during the twentieth century has been the expanded role played by multilateral treaties addressed to the common concerns of states. Often they clarify and improve rules of international law through the process of rendering them in binding written agreements. These treaties also promote the coordination of uniform state behavior in a variety of areas. International organizations, themselves the creatures of multilateral treaties, have also assumed increasing prominence in the last half of this century. They contribute to the coordination and facilitation of contemporary international relations on the basis of legal principles.

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.

Europe after the Cold War: interstate order or post-sovereign regional system?

1999 ◽  
Vol 25 (5) ◽  
pp. 201-223 ◽  
Author(s):  
WILLIAM WALLACE
Keyword(s):  
Cold War ◽  
International Relations ◽  
International Law ◽  
World Politics ◽  
State System ◽  
Global State ◽  
European State ◽  
Religious Wars ◽  
Regional System ◽  
The Cold War

The changing structure of European order poses, for any student of international relations, some fundamental questions about the evolution of world politics. Concepts of European order and of the European state system are, after all, central to accepted ideas of international relations. Out of the series of conflicts and negotiations—religious wars, coalitions to resist first the Hapsburg and then the Bourbon attempt at European hegemony—developed ideas and practices which still structure the contemporary global state system: the equality of states; international law as regulating relations among sovereign and equal states; domestic sovereignty as exclusive, without external oversight of the rules of domestic order. The ‘modern’ state system, modern scholars now agree, did not spring fully-clothed from the Treaty of Westphalia at the close of the Thirty Years' War; it evolved through a succession of treaties and conferences, from 1555 to 1714. It remains acceptable, nevertheless, to describe the European state order as built around the Westphalian system.

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