scholarly journals The Olympic Movement in International Law

AJIL Unbound ◽  
2020 ◽  
Vol 114 ◽  
pp. 385-390
Author(s):  
Doriane Lambelet Coleman
Keyword(s):  
International Law ◽  
Global Governance ◽  
Public Interests ◽  
Legal Norms ◽  
The Public ◽  
Policies And Procedures ◽  
Olympic Movement ◽  
Standard Response ◽  
Movement Organizations ◽  
Domestic Law

The Olympic Movement has been self-regulated from the beginning, and its private ordering is governed by the domestic law of the nations in which its organizations are domiciled and operate. Nevertheless, it is also an institution of global governance, with important ties to international law. This essay examines the nature of those ties and the push for additional alignment between the norms of the Movement and international legal norms. I first provide a taxonomy of Olympic Movement organizations, centered on the attributes that are helpful to understanding the place of each in the global governance of sport and the value the organizations produce for their diverse stakeholders. I then describe demands from international law for additional alignment with human rights and governance norms and the standard response from sport. In the final section, I argue that regulatory autonomy is necessary for sport to produce the values expected by its stakeholders; domestic law, including as it reflects international law, is generally an adequate check on abuses of that autonomy. International norms are useful not as binding law that would displace the Movement's autonomy, but as pressure for Movement organizations to consider aligning their policies and procedures with the public interests those norms reflect.

COLLODIZING LINKS IN PRIVATE INTERNATIONAL LAW

2021 ◽  
pp. 19-21
Author(s):  
Н.Д. Эриашвили ◽  
Г.М. Сарбаев ◽  
В.И. Федулов
Keyword(s):  
International Law ◽  
Present Article ◽  
Russian Federation ◽  
Legal Regulation ◽  
Private International Law ◽  
International Treaties ◽  
Public Interests ◽  
National Legislation ◽  
The Public ◽  
The Russian Federation

В представленной статье рассмотрены проблемы коллодирующих привязок в международном частном праве и особенности их правовой регламентации в законодательстве Российской Федерации. Автором проанализированы особенности нормативного закрепления данного типа привязок в системе международных договоров, а также механизм имплементации этих норм в национальном законодательстве различных государств. На основе сложившейся практики применения коллодирующих привязок национальными органами государственной власти обоснована необходимость учета публичных интересов государства в данных правоотношениях. The present article examines the problems of collodizing links in private international law and the peculiarities of their legal regulation in the legislation of the Russian Federation. The author analyzed the peculiarities of this type of binding in the system of international treaties, as well as the mechanism for implementing these norms in the national legislation of various states. On the basis of the established practice of applying collodial links by national authorities, the need to take into account the public interests of the State in these legal relations is justified.

Refoulement and Refugees

2017 ◽  
pp. 181-197
Author(s):  
Jasper MacLennan Sugars
Keyword(s):  
International Law ◽  
Asylum Seekers ◽  
Word Meaning ◽  
The Public ◽  
Contentious Issue ◽  
Law And Policy ◽  
The Status ◽  
Unique Approach ◽  
Important Field ◽  
Domestic Law

Refoulement, a French word meaning to reject; or backwash, is a contentious issue in the international law and policy. However, the word is unknown to most of the public world – the Australian government operations to deter asylum seekers titled ‘pushing back the boats', ‘operation sovereign borders' are questionably pushing the limits as to what's refoulement and what isn't – but the worded meaning in the convention relating to the status of refugees is the process by which a persecuted asylum seeker is forcibly removed back to a place where they are re-exposed to the same danger from which they are trying to escape. In this article, the author hopes to provide information to others who are interested in the area of refugee policy and, in particular Australia's role in the development of this increasingly important field of international law as well as the implementation of their own unique approach to dealing with asylum seekers arriving in their territorial waters by boat. in this chapter the author has made every effort to provide an unbiased, politically non-partisan view of the current policies which Australia has implemented under domestic law, which includes the act of turning back of boats and offshore processing in third-nation processing facilities.

United in Diversity – Regional Unification of the Conflict-of-law Rules in Matters of Matrimonial Property Regimes

2019 ◽  
pp. 160-178
Author(s):  
Lucie Zavadilová
Keyword(s):  
Public Policy ◽  
International Law ◽  
Private International Law ◽  
Public Interests ◽  
The Public ◽  
General Part ◽  
Substantive Law ◽  
Fundamental Values ◽  
Property Regimes ◽  
Conflict Of Law

The unification of the conflict-of-law rules in matters of matrimonial property regimes at EU level seeks to mitigate differences in substantive law in particular legal systems. The aim of this contribution is to analyse the doctrine of overriding mandatory provisions and consider the applicability of the public policy exception, which limit the application of the law otherwise applicable determined in compliance with the unified conflict-of-law rules. The question author addresses in this paper is whether these institutes of the general part of private international law provide for sufficient safeguards to protect the fundamental values and public interests of the forum law in matters of matrimonial property regimes.

Part I General Principles, 3 International Law as it Affects Private Law Conventions Governing Cross-Border Commercial Transactions

2015 ◽  
Keyword(s):  
International Law ◽  
Public Law ◽  
Private Law ◽  
Commercial Law ◽  
Typical Structure ◽  
The Public ◽  
State Security ◽  
The Subject ◽  
The Relationship ◽  
Domestic Law

Chapter 3, after describing general principles of international law and the relationship between international law and domestic law, focuses on the hitherto neglected subject of private commercial law conventions. Textbooks on international law invariably focus on public law treaties. By contrast this chapter addresses issues relating to private law conventions. It goes through the typical structure of a private law convention, the interpretation of conventions and the treatment of errors, and the enforcement of private conventional rights against States. The subject of private law conventions and public law has become of increasing importance with the appearance in several private law instruments of provisions of a public law nature designed, for example, to ensure that creditors’ rights are not enforced in a manner that adversely affects the public interest or State security. Reservations and declarations are also discussed, together with the subject of conflicts between conventions.

Sources of International Law in Domestic Law

2018 ◽  
Author(s):  
Cedric Ryngaert
Keyword(s):  
International Law ◽  
Social Relationships ◽  
Court Decisions ◽  
International Courts ◽  
Customary International Law ◽  
Legal Norms ◽  
State Practice ◽  
Municipal Court ◽  
Domestic Law

This chapter maintains that as both municipal and international law use legal norms to regulate social relationships, a space for inter-systemic interaction between both legal spheres emerges. Municipal legal practice can have an ‘upstream’ impact on the formation of the content of the sources of international law, where these require proof of State practice and/or opinio juris for valid norms to be generated. Particularly, domestic court decisions can have a jurisgenerative effect on customary international law, where they become part of a transnational dialogue between domestic and international courts on questions of international law determination. Admittedly, this dialogical process is hamstrung by the particularities of domestic law and the hard-to-eradicate selection bias of international law-appliers. However, a more objective comparative international law process can be grounded, geared to effective problem-solving guided by the persuasiveness and quality of reasoning of municipal court decisions relevant to international law.

Kosovo to Kadi: Legality and Legitimacy in the Contemporary International Order

2014 ◽  
Vol 28 (1) ◽  
pp. 105-113 ◽  
Author(s):  
Ruti Teitel
Keyword(s):  
International Law ◽  
National Level ◽  
International Norms ◽  
Customary International Law ◽  
Legal Norms ◽  
Normative Force ◽  
Positive Law ◽  
State Consent ◽  
United Nations Charter ◽  
Domestic Law

Whence does international law derive its normative force as law in a world that remains, in many respects, one where legitimate politics is practiced primarily at the national level? As with domestically focused legal theories, one standard answer is positivistic: the law's authority is based on its origin in agreed procedures of consent. This is certainly plausible with respect to treaty obligations and commitments that derive from the United Nations Charter, but it leaves customary international law vulnerable to legitimacy critiques—of which there is no shortage among international law skeptics. Even with respect to conventional international norms, such as treaty provisions, there is often a sense that such consent is democratically thinner than the public consent to domestic law, particularly fundamental domestic law, constitutional norms, and derivative principles of legitimate governance. State consent in international law, in this view, is often a very imperfect proxy for democratic consent to international legal norms. While it is obvious to international lawyers why (as a matter of positive law doctrine) state consent should make international norms prevail over domestic norms to which there is arguably deeper democratic consent, persistent critics of international law have questioned whether this should be so as a matter of legitimacy.

Openness and Transparency

2020 ◽  
pp. 933-956
Author(s):  
Jane Reichel
Keyword(s):  
Comparative Analysis ◽  
International Law ◽  
International Organizations ◽  
National Level ◽  
Human Right ◽  
Public International Law ◽  
The Public ◽  
Global Context ◽  
Introductory Overview ◽  
Domestic Law

This chapter considers how the increased interest in access to official documents on the public international law level relates to the challenges posed to domestic laws with respect to transparency. It asks if international developments of greater access can compensate for the loss of transparency at the national level brought about by the de-nationalization of domestic law, and if so, how. Swedish domestic law is chosen as the case example here. The chapter provides an introductory overview of openness and transparency as a constitutional and administrative value in Sweden. Next, it examines openness and transparency in a global context. Transparency as a human right and also as an ideal for international organizations is then addressed. The chapter concludes with a comparative analysis.

scholarly journals Unauthorized Military Interventions for the Public Good: A response to Harold Koh

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 292-296
Author(s):  
Kimberley N. Trapp
Keyword(s):  
Public Good ◽  
International Law ◽  
Humanitarian Intervention ◽  
Military Interventions ◽  
The Public ◽  
Alternative Approach ◽  
The One ◽  
Domestic Law

In his contribution to this Symposium, Harold Koh exhorts international lawyers to “seriously engage the debate” regarding the lawfulness (or at least the legal defensibility) of humanitarian intervention (“HI”). The aim of this essay is to take him up on that plea and sketch an alternative approach to the one that he advances. In so doing, I will focus on international law rather than U.S. domestic law.

scholarly journals The relationship between law, ratified agreement and the EU law in the light of the Polish Constitution and application of the EU law by public administration in Poland

2017 ◽  
Vol 15 (4) ◽  
pp. 85-99
Author(s):  
Marta Woźniak
Keyword(s):  
International Law ◽  
Public Administration ◽  
Administrative Law ◽  
Constitutional Court ◽  
Eu Law ◽  
The Public ◽  
The Republic ◽  
The Relationship ◽  
Domestic Law ◽  
The Eu

The article makes a presentation of the relation between legal acts belonging to the so-called foreign orders and the national law at the level of regulation contained in the Constitution of the Republic of Poland and the problem of application of the EU law by the Polish administrative authorities. The ratified international agreements and acts of the EU law are sources of administrative law and must be applied by the public authority of Member States. The article deals with two issues: the relationship between the international law and national law in the light of the Polish Constitution and application of the EU law by public administration in Poland. These issues can be dealt with separately but have a number of tangent points. The author does not aspire to present a comprehensive discussion of these issues, but intends to point out some aspects. It has been argued that the standard of application of international law by public administrations (which is also the accession treaties) and the EU law depends on how the constitution regulates the issue of international law relation to the domestic law. In Polish jurisdiction (the Constitutional Court and the Polish Supreme Administrative Court) the practice of respecting the principle of primacy of the EU law as well as the principle of a community of interpretation of this law has been established.

scholarly journals Validity and efficacy of international law according to the pure theory of law

2021 ◽  
Vol 12 (1) ◽  
pp. 184-204
Author(s):  
Arseny A. Kraevsky ◽  
Keyword(s):  
International Law ◽  
Natural Law ◽  
Point Of View ◽  
Legal Positivism ◽  
Special Role ◽  
Pure Theory ◽  
Legal Norms ◽  
Theory Of Law ◽  
State Of Affairs ◽  
Domestic Law

At the beginning of its development, the science of international law was inextricably linked to the doctrine of natural law. The latter was seen as the basis of international law. The very problem of the foundations of international law became acute in the 19th century, when the prevailing legal positivism abandoned the idea of natural law. All proposed solutions were based on the idea of self-obligation of sovereign states. Some of them questioned the very existence of international law, while others required the introduction of explicit fictions. In an attempt to solve this problem, the pure theory of law developed by Hans Kelsen and his students proposed a theory of a hierarchical structure of international and domestic law. The relationship between the levels of the normative system is based on the empowering norms, which transfer the property of legal validity to the lower norms created on their basis. The concept of validity corresponds to the concept of efficacy of the norm. The interrelation of validity and efficacy of legal norms in international law differs significantly from their interrelation in domestic law; the study of this relationship in Kelsen’s theory was the main purpose of this study. The structure of international law according to Kelsen is a pyramid, the highest level of which is customary international law, based on the basic norm of international law that establishes the binding force of international custom. In this case, from the point of view of the pure theory of law, a special role in international law is played by the principle of effectiveness — recognition of the existing factual state of affairs as legitimate. The greater importance of this principle in international law is explained by the absence of a centralized system of coercion in the latter because decentralized legal order does not allow the application of organized sanctions in instances of violation of international legal norms.

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