The Substance of Altruism in International Law: Cooperation for the Other

2021 ◽  
pp. 80-107
Keyword(s):  
International Law ◽  
The Other

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.

The Agreement between Greece and Italy on the Delimitation of their Respective Maritime Zones: An Italian Perspective

2021 ◽  
Vol 30 (1) ◽  
pp. 283-294
Author(s):  
Marina Mancini
Keyword(s):  
Continental Shelf ◽  
International Law ◽  
The Other ◽  
Boundary Line ◽  
Great Success ◽  
Ionian Sea ◽  
National Interests ◽  
The Mediterranean

In 2020 Greece and Italy concluded a maritime delimitation agreement, extending the already-established boundary line between their respective continental shelf areas to the other maritime areas to which they are entitled under international law. The Greek authorities hailed the agreement as a great success, stressing that it fully reflects their position vis-à-vis maritime delimitation in the Mediterranean and it meets their national interests in the Ionian Sea. This article critically analyzes the agreement, in the light of various recent events, and it finds that it serves Italian interests too. In particular, the 2020 Italo-Greek agreement furthers Italy’s growing interest in delimiting the maritime zones to which it is entitled under international law, so as to prevent its rights and jurisdiction over them being impaired by the proclamation of overlapping zones by its neighbours. It also sets the stage for future proclamation by Italy of an EEZ covering the waters adjacent to its territorial sea in the Ionian Sea.

Between the utopian imaginaries of literature and international law: The question of the insurgent child in international legal discourse and Kris Montañez’s Youth

2021 ◽  
pp. 1-20
Author(s):  
José Duke S. Bagulaya
Keyword(s):  
Civil War ◽  
International Law ◽  
Legal Discourse ◽  
The State ◽  
The Other ◽  
State Of Exception ◽  
Utopian Vision ◽  
The World ◽  
Realistic Representation ◽  
The One

Abstract This article argues that international law and the literature of civil war, specifically the narratives from the Philippine communist insurgency, present two visions of the child. On the one hand, international law constructs a child that is individual and vulnerable, a victim of violence trapped between the contending parties. Hence, the child is a person who needs to be insulated from the brutality of the civil war. On the other hand, the article reads Filipino writer Kris Montañez’s stories as revolutionary tales that present a rational child, a literary resolution of the dilemmas of a minor’s participation in the world’s longest-running communist insurgency. Indeed, the short narratives collected in Kabanbanuagan (Youth) reveal a tension between a minor’s right to resist in the context of the people’s war and the juridical right to be insulated from the violence. As their youthful bodies are thrown into the world of the state of exception, violence forces children to make the choice of active participation in the hostilities by symbolically and literally assuming the roles played by their elders in the narrative. The article concludes that while this narrative resolution appears to offer a realistic representation and closure, what it proffers is actually a utopian vision that is in tension with international law’s own utopian vision of children. Thus, international law and the stories of youth in Kabanbanuagan provide a powerful critique of each other’s utopian visions.

Responsibility and obligation in the ‘Responsibility to Protect’

2010 ◽  
Vol 36 (S1) ◽  
pp. 25-46 ◽  
Author(s):  
WILLIAM BAIN
Keyword(s):  
International Law ◽  
Real World ◽  
The Other ◽  
Responsibility To Protect ◽  
Men And Women ◽  
The Real

AbstractThis article takes up Louise Arbour's claim that the doctrine of the ‘Responsibility to Protect’ is grounded in existing obligations of international law, specifically those pertaining to the prevention and punishment of genocide. In doing so, it argues that the aspirations of the R2P project cannot be sustained by the idea of ‘responsibility’ alone. The article proceeds in arguing that the coherence of R2P depends on an unacknowledged and unarticulated theory of obligation that connects notions of culpability, blame, and accountability with the kind of preventive, punitive, and restorative action that Arbour and others advocate. Two theories of obligation are then offered, one natural the other conventional, which make this connection explicit. But the ensuing clarity comes at a cost: the naturalist account escapes the ‘real’ world to redeem the intrinsic dignity of all men and women, while the conventionalist account remains firmly tethered to the ‘real’ world in redeeming whatever dignity can be had by way of an agreement. The article concludes by arguing that the advocate of the responsibility to protect can have one or the other, but not both.

ASEAN and Its Problematic Treaty-Making Practice: Can International Organizations Conclude Treaties “on Behalf of” Their Member States?

2014 ◽  
Vol 4 (2) ◽  
pp. 391-419 ◽  
Author(s):  
Zhida CHEN
Keyword(s):  
International Law ◽  
International Organizations ◽  
Southeast Asian ◽  
The Other ◽  
Member States ◽  
The Real ◽  
Asean Member ◽  
Real Issue ◽  
The Status

The Association of Southeast Asian Nations (ASEAN) has, on various occasions, concluded treaties on behalf of its Member States. This raises some interesting questions: is ASEAN entitled to enter into treaties on behalf of its Member States; and if so, what should be the status of ASEAN and its Member States vis-à-vis the other party to the treaty? The issue is not one of whether the ASEAN Member States have consented to such a practice—it must be assumed that they have. Instead, the real issue is whether such treaty-making practice can and should be valid under international law, even if the Member States have consented for ASEAN to conclude these treaties on their behalf. This paper will argue that, under international law, ASEAN is entitled to conclude treaties on behalf of its Member States.

scholarly journals EKSTRADISI MENG WANZHOU DALAM PERSPEKTIF HUKUM INTERNASIONAL

2019 ◽  
Vol 17 (2) ◽  
Author(s):  
Teddy Nurcahyawan ◽  
Stevanus Rivaldo
Keyword(s):  
United States ◽  
International Law ◽  
United States Of America ◽  
The Other ◽  
Chief Financial Officer ◽  
Official Statement

Extradition is one of the international law field of studies. One of that controversy is Meng Wanzhou’s case, chief financial officer of Huawei. She is known as the daughter of Huawei’s founder Ren Zhengfei and holding Chinese citizenship. Meng Wanzhou was captured and detained by Canadian authority by the request of United States of America when she transitted Canada at Vancouver Airport December 2018. She was charged of frauding which is related to Skycom, a technology company based in Iran. This event led the diplomatic ralation between China, Canada and United States excalated. China government had already released an official statement which expressed anger and their objection about the charged and detention. On the other side, Canada and United States insisted in this event genuinely only a legal matter. This research conducted by a normative and IRAC methods for the analysis part. Based on the research, the request of extradition by United States was consistent with international law principle. Every objection matter by any Party of this case should be done by every diplomatic channels. This thing should be done to maintain the world’s peace.

scholarly journals Situating Contingency in the Path of International Law

2021 ◽  
pp. 3-20
Author(s):  
Ingo Venzke
Keyword(s):  
International Law ◽  
Human Freedom ◽  
The Other ◽  
Present Volume

This introduction situates thinking about contingency on the field of what is possible, bounded by necessity, on one side, and chance on the other. It shows what makes the search for contingency in the course of international law so politically charged and so valuable—its link with human freedom. Expanding on the agenda behind the present volume, the chapter discusses how searching for contingency might facilitate change in the present for a different future. In contrast to other projects, asking about past possibilities offers an account for why something that may seem desirable has not materialised. Such an account must guide those on pathways of transformation in their sobering search for change. What would actually have made a difference in the course of international law, and what still can? Overall, the chapter highlights three sites of contingency: in the law’s contextualisation; the reading of its context; and the rendering of its history.

scholarly journals Representation of an Unrecognized State under International Law – Example of the Republic of Artsakh

2020 ◽  
Vol 8 (1) ◽  
pp. 45-63
Author(s):  
Stefania Kolarz
Keyword(s):  
International Law ◽  
International Community ◽  
The Other ◽  
Legal Representative ◽  
The Core ◽  
Other Hand ◽  
The Republic

Since the late 80s, the Armenian inhabitants of Nagorno-Karabakh, a region situated within the internationally recognised borders of the Republic of Azerbaijan, have been struggling for creating their own state – the Republic of Artsakh. The fact that this self-proclaimed entity was not recognised by any of the international actors has not prevented it from constantly committing to intervene on the international plane, separately from Yerevan and Baku. For instance, it is the co-signatory of the Bishkek Protocol. On the other hand, it was refused participation in the core undertaking of the international community designed to settle the dispute – the OSCE Minsk process. The aforementioned situation raises the question as to who shall act as a legal representative of this quasi-state on the international plane? Azerbaijan, as the official centre of authority within the region, Armenia, or rather the separatist government of Nagorno-Karabakh?

scholarly journals Reviewing the National Courts in Creating Orderly International Law and Community

2017 ◽  
Vol 3 (2) ◽  
pp. 148
Author(s):  
Johanis Leatemia
Keyword(s):  
International Law ◽  
National Court ◽  
National Interest ◽  
The Other ◽  
Peaceful Coexistence ◽  
National Sovereignty ◽  
Customary International Law ◽  
National Courts ◽  
The One

Orderly international community and international law are determined by a national court. Essentially, the national court must be competent to maintain the balance between the national interest which based on the national sovereignty as well as the provisions of international law within the framework of peaceful coexistence. This article reviews the role of national courts in creating and developing the customary international law. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. This purpose could be achieved if national courts were able to maintain a balance between the national interest based on the sovereignty of State on the one hand and the provisions of international law on the other. The function of the national court was to maintain a balance between international law and national law.

scholarly journals Desecuritization as Displacement of Controversy: geopolitics, law and sovereign rights in the Arctic

Politik ◽  
2017 ◽  
Vol 20 (3) ◽  
Author(s):  
Marc Jacobsen ◽  
Jeppe Strandsbjerg
Keyword(s):  
Arctic Ocean ◽  
International Law ◽  
Indigenous Peoples ◽  
North Pole ◽  
The Other ◽  
The Arctic ◽  
The Arctic Ocean ◽  
Securitization Theory ◽  
The Media ◽  
The One

By signing the Ilulissat Declaration of May 2008, the five littoral states of the Arctic Ocean pre-emptively desecuritized potential geopolitical controversies in the Arctic Ocean by confirming that international law and geo-science are the defining factors underlying the future delimitation. This happened in response to a rising securitization discourse fueled by commentators and the media in the wake of the 2007 Russian flag planting on the geographical North Pole seabed, which also triggered harder interstate rhetoric and dramatic headlines. This case, however, challenges some established conventions within securitization theory. It was state elites that initiated desecuritization and they did so by shifting issues in danger of being securitized from security to other techniques of government. Contrary to the democratic ethos of the theory, these shifts do not necessarily represent more democratic procedures. Instead, each of these techniques are populated by their own experts and technocrats operating according to logics of right (law) and accuracy (science). While shifting techniques of government might diminish the danger of securitized relations between states, the shift generates a displacement of controversy. Within international law we have seen controversy over its ontological foundations and within science we have seen controversy over standards of science. Each of these are amplified and take a particularly political significance when an issue is securitized via relocation to another technique. While the Ilulissat Declaration has been successful in minimizing the horizontal conflict potential between states it has simultaneously given way for vertical disputes between the signatory states on the one hand and the Indigenous peoples of the Arctic on the other.

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