scholarly journals What is Positivism Today?

AJIL Unbound ◽  
2020 ◽  
Vol 114 ◽  
pp. 87-91
Author(s):  
Mónica García-Salmones Rovira

This essay focuses on the understanding of positivism in Prosper Weil's time, its trajectory since, and how that trajectory reflects changes that have occurred in global society in the intervening years. The world to which Weil spoke is neither in scientific nor in political and cultural terms the same as ours. Key positivist notions, such as neutrality or Weil's critique of the ideal of the unity of the international community and of the invocation of higher moral values, appear to chain sound normative principles while letting loose real power. At any rate, Weil's ideas have not survived globalization or the critical and historical turn taken in the discipline of international law. And yet “Towards Relative Normativity?” arguably owes its lasting significance to its grasp of the weight of the authority of law in international society.

Author(s):  
Ильмира Минигулова

Global problems of modern age make deep problems for the formation of socio-economic and political-legal stability in modern states. The most complex is poverty that provokes the new problems, such as the migration crisis. The international community follows the fundamental principles and norms of international law, tries to wipe out poverty, the practical implementation of this activity is reflected in the Concept of Sustainable Development.


2013 ◽  
Vol 13 (3) ◽  
pp. 665-695 ◽  
Author(s):  
Solange Mouthaan

This article will discuss the manner in which international law deals with crimes of sexual violence committed against men during armed conflict. To date sexual violence against men has received little attention from the international community; instead its focus is almost exclusively on women, yet in armed conflicts across the world, sexual violence is also perpetrated against men. The example of torture demonstrates the current weaknesses in the relevant provisions for acts of sexual violence generally, and acts of sexual violence committed against men specifically. I argue that international criminal tribunals should address sexual violence more broadly, including against men. However, rather than to adopt a piecemeal approach differentiating between acts of sexual violence suffered by men and women, the experiences of men of sexual violence in armed conflict should be used to contribute to understanding the broader issue of gender-based crimes, of which sexual violence forms part.


2005 ◽  
Vol 16 (3) ◽  
pp. 505-523
Author(s):  
Thierry Hentsch

What the United Nations brought to the International Community during its forty years of life cannot be assessed only by referring to the working of the institution and the success or failures it encountered in dealing with specific questions or crises. The profound and lasting changes in the International Community itself in which it contributed in bringing about must also be taken into consideration. Undoubtedly, the most considerable of these changes, a mutation, in the real sense of the word, was the passage from an international society centered around Europe and North-America in 1945, to a truly world society in 1985, through the process of decolonisation. The United Nations decisively contributed to the spreading of the ideology of decolonisation, to the enactment of an international law of decolonisation and to the use of multilateral diplomacy against colonial powers. Eventually, admission to the United Nations became the visible sign as well as the final step of the attainment of political independence. Another remarkable new feature of the international society of today, closely related to the preceding one, is the importance of groups of states, like the Seventy Seven and the Non Aligned, acting as pressure groups. This new setting was made possible only with the existence of the United Nations, where "group diplomacy" was able to deploy itself and to make the "power of the number" felt. Eventually, the whole present diplomatic game, which is played at the level of the world rather than on a bilateral or regional basis in an always growing number of fields, is a product of development of multilateral diplomacy within the United Nations. It is specially true of the so-called North-South dialogue - or confrontation. The World Organization is now an irreversible fact of international life and a reflection of the present structure of the International Society that it helped to build up. But on the other hand, it is a very novel experiment in a historical perspective. Much is y et to be learned in order to be able to make the best use of the instruments it affords for managing the world community.


2016 ◽  
pp. 83-107
Author(s):  
Miguel Ángel Martín López

Pastoralists are one of the most poverty stricken and underdeveloped existing human groups in the world. Until now, having remained practically invisible in the eyes of international law, it is desirable to open a debate concerning the recognition of their rights. The ideal situation would be to create a specific category of rights dedicated expressly to these pastoralist peoples. Therefore, one can surmise that there are two laws that constitute its essential content: the law protecting their way of life and their access rights to the land


2018 ◽  
Vol 19 (1) ◽  
pp. 113-126
Author(s):  
André Luiz Olivier da Silva

Resumo: Neste trabalho analisam-se as exigências por direitos humanos enunciados a partir de uma perspectiva universal, segundo a qual esses direitos se constituem dentro de obrigações gerais e são válidos para todas as pessoas do mundo. Mas podemos falar em direitos humanos considerados gerais e absolutos mesmo quando não se consegue especificar o detentor e o destinatário dos direitos em uma relação obrigacional específica? Com base em um procedimento de observação e na explicitação de algumas exigências por direitos humanos no mundo contemporâneo, aborda-se a natureza dos direitos a partir da correlação obrigacional entre direitos e deveres, bem como a distinção entre direitos especiais e direitos gerais, destacando que os direitos humanos são reivindicados como direitos gerais e universais, embora não se possa afirmar que sejam universais em si mesmos. A hipótese  neste artigo é a de que os direitos humanos são reivindicados “como se” fossem “gerais” dentro de obrigações específicas, seja em um conflito entre cidadãos e o Estado, seja a partir das relações dos países na comunidade internacional. Quando não estão especificados em obrigações concretas, esses direitos apresentam dificuldades quanto à sua efetividade justamente porque não se consegue identificar e especificar sujeitos e destinatários – que não são exatamente o Estado ou o cidadão deste ou daquele país, mas, sim, a pessoa humana. Nesse sentido, ainda estamos longe do ideal de universalização dos direitos humanos na comunidade internacional, e esses direitos só podem ser exercidos quando incorporados a um ordenamento jurídico ou, ao menos, inseridos em práticas morais e sociais.Palavras-chave: Direitos humanos. Direitos gerais. Universalidade. Obrigações específicas. Abstract: This paper discusses the claims by human rights from a universal perspective, according to which human rights constitute general obligations and are valid for all people of the world. Can we talk about human rights considered general and valid for all human beings even when we can not specify the holder and the addressee of rights in a specific obligational relationship? Based on a procedure of observation and explanation of some claims for human rights in the contemporary world, this article aims to approach the nature of these rights from the obligational correlation between rights and duties, as well as the distinction between special rights and general rights, highlighting that human rights are claimed as general rights, emphasizing its “universal” character, although we can’t ensure that these rights are universal in themselves. Our hypothesis is that human rights are claimed “as if” they were “general” within specific obligations, whether in a conflict between citizens and the state, as based on the relations of countries in the international community. When not specified in concrete obligations, human rights have doubts as to its effectiveness precisely because it is not easy to identify and specify recipients and subject of rights – which are not exactly state or country, but rather the human person. In this sense, we are still far from the ideal of universal human rights in the international community, and these rights may be exercised only when incorporated into a law, or at least, embedded in moral and social practices.Keywords: Human Rights. General rights. Universality. Specific obligations.


2019 ◽  
Vol 7 (1) ◽  
pp. 46-60
Author(s):  
John Baldacchino

Abstract This essay starts off with a modern-day court jester (Nobel laureate Dario Fo) praising a Pope (Albino Luciani, who became John Paul I). Fo presents us with an historic moment: Luciani scandalises his Church by calling God “Mother.” With utmost seriousness, Fo appreciates the Pope’s kindness and warmth by which the artist perceives a way of scandalising the world out of complacency. In their idealised and situated presentations of the world, the sacred and the profane return the necessary to the contingent (and vice-versa) as moments of equal attention and distraction. Likewise, irony and satire mark our situated sense of the ideal by an inability to unlearn the certainties by which we are urged to construct our world. This is done by first presenting a situated pedagogical context that refuses to provide solutions presumed on measurement, certainty or finality. Secondly this begins to lay claim to the political, aesthetic and moral values that are gained through art’s ironic disposition. Thirdly, through our contingent states of being we begin to understand how education is culturally conditioned and why we need to shift it to another gear – that of unlearning through a weak pedagogy. An atheist, Fo suggests that thanks to Pope Luciani, we now could endear to the Holy Spirit as a spirito ridens, a spirit that laughs. Here one finds a kenotic sense that gives us a glimpse in how an ironic disposition owes its strength and effectiveness to a weak pedagogy. By dint of such weakness, the jester’s pedagogical disposition becomes a form of resistance, exiting the Court in order to be with the people and consequently transformed by the people.


1930 ◽  
Vol 24 (2) ◽  
pp. 228-240 ◽  
Author(s):  
Manley O. Hudson

The first thirty years of the nineteenth century saw the beginnings of a great revolution in transportation and communication. Improvements were introduced which in time greatly changed the daily lives of people throughout the world, and made it possible for their efforts to reach out as never before in human history. The change was nowhere more significant than in its effect on international society. A century ago, the railroad, the steamship and the telegraph so extended the range of human action that national organization ceased to correspond with the activities of many peoples, and the state system upon which the nineteenth century dawned was greatly modified by the progress made in international organization before the century had passed. Certainly no period up to that time had produced such changes as those which began in the decades between 1800 and 1830.


Author(s):  
Sanford Silverburg

There is an examination of the political, economic, social, and humanitarian status of the globe.  The intent is to determine the extent to which extraordinary degrading conditions in the world that can be ameliorated by the application and enforcement of international law. Substantial literature will be cited that support the exposed conditions which have a deleterious effect on humans.  As a final note and conclusion, the study shows there is an imperative demand that subjects of international law, particularly states, and international organizations, comply with principles of international law and ensure its enforcement for the benefit of the international community.


2019 ◽  
Vol 17 (2) ◽  
pp. 83-99
Author(s):  
Jakub Kościółek

The article presents the records collected by the Darfur Atrocities Documentation Team (ADT), which have proved the occurrence of genocide in Darfur. It describes the discussion of the academic community and often conflicting political positions on the issue. The author attempted to analyse the results of the work of the International Commission of Inquiry on Darfur (ICID), appointed at the request of the United States by the UN Security Council, which examined the numerous violations of the international law in the province, but did not express an opinion whether or not genocide had taken place in Darfur. He has confronted the collected evidence of crimes committed in Darfur with the “Convention on the prevention and punishment of genocide”, which obliges the international community to intervene when genocide is proved to be happening. The conflict in Darfur has been presented as an example of the ineffectiveness of the response of the international community to genocide. Therefore, an analysis was carried out on the means of effective prevention of genocide, which can be used in future prevention of crimes in other regions of the world.


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