Remarks by Oonagh Fitzgerald

2017 ◽  
Vol 111 ◽  
pp. 162-162
Author(s):  
Oonagh Fitzgerald
Keyword(s):  
International Law ◽  
International Governance ◽  
Think Tank ◽  
Global Issues ◽  
Good Morning ◽  
Trade And Investment ◽  
Governance Innovation ◽  
Trump Administration

Thanks very much, Mark. It's a pleasure to be here. Good morning, everybody, and thanks for joining us for what promises to be a very interesting session on “International Law and the Trump Administration: Trade and Investment.” It's a real pleasure for the Center for International Governance Innovation to sponsor this panel. We are a nonpartisan, independent think tank focused on global issues of governance, law, politics, security, and economics, so I'm particularly pleased to see this exciting panel where we have not only lawyers but economists and all kinds of different expertise to discuss this important topic.

Opening Remarks by Lucinda Low

2017 ◽  
Vol 111 ◽  
pp. 269-269
Author(s):  
Lucinda Low
Keyword(s):  
International Law ◽  
Environmental Law ◽  
Factual Information ◽  
Security Issues ◽  
Global Engagement ◽  
Good Morning ◽  
Senior Administration ◽  
Critical Policy ◽  
Trade And Investment ◽  
Trump Administration

Good morning, and welcome to this final program in our series of three programs at this annual meeting on “International Law and the Trump Administration.” This morning, as you well know, we are talking about global engagement on environmental law, following our Thursday panel on security issues and yesterday's panel on trade and investment. This is part of a series that we have been presenting both here and on in our webcast initiative that we launched in January, as the new administration began its first one hundred days in office. Some of you may have seen the live webcast we put together, and there are now podcasts as well, featuring former senior administration officials of both parties, which are presenting factual information and informed perspectives on a range of critical policy issues that are facing America and the world.

Opening Remarks by Mark Agrast

2017 ◽  
Vol 111 ◽  
pp. 161-162 ◽  
Author(s):  
Mark Agrast
Keyword(s):  
International Trade ◽  
International Law ◽  
Good Morning ◽  
Trade And Investment ◽  
Trump Administration

Good morning, everybody. Welcome to this session on International Law and the Trump Administration, Part II. This is the session on international trade and investment. I know folks are still joining us, but perhaps they can filter in as we begin. I don't want the panel to lose even a minute on this important topic.

Introductory Remarks by Oonagh Fitzgerald

2017 ◽  
Vol 111 ◽  
pp. 22-22
Author(s):  
Oonagh Fitzgerald
Keyword(s):  
International Law ◽  
International Security ◽  
Special Session ◽  
Good Morning ◽  
Trump Administration

Thanks very much, Lucinda. Good morning, everybody. It's my pleasure to welcome you to this special session on “International Law and the Trump Administration,” with a focus on national and international security.

scholarly journals The Clash of Architects: Impending Developments and Transformations in International Law

2017 ◽  
Vol 3 (2) ◽  
pp. 83-159
Author(s):  
Joel Slawotsky
Keyword(s):  
International Law ◽  
The Other ◽  
International Governance ◽  
Critical Importance ◽  
Self Interest ◽  
The World ◽  
Economic Developments ◽  
The Impact ◽  
Governance Architecture ◽  
Trade And Investment

Abstract The world stands at the precipice of a transitional moment in the international law writ caused by the reasonable likelihood that new architects will be joining (and eventually supplanting) the present-day architects. Transformative geo-political and economic developments such as obor, the aiib, ndb and the increasing internationalization of the Yuan all herald potentially significant changes to the existing international governance architecture. “Revisionist” states with strong motivations and global ambitions, may will become international law creators as these new architects influence the economic and legal orders. International law is not static and several of the new architects’ customs and norms inherently conflict with current Western ideals. Will international law norms converge? Will Western notions gravitate towards the other spectrum in enlightened self-interest? The impact on international law norms, enforcement, human rights, sustainability, trade and investment treaties and arbitration will be far-reaching. Understanding how this potential re-orientations in power will affect international law is of critical importance.

HUKUM ISLAM DAN HUBUNGANNYA DENGAN LUAR NEGERI PASCA REFORMAS

2015 ◽  
Vol 19 (1) ◽  
Author(s):  
Salma Salma
Keyword(s):  
Human Rights ◽  
Foreign Policy ◽  
International Law ◽  
Multidisciplinary Approach ◽  
Islamic Law ◽  
Analysis Method ◽  
Strong Basis ◽  
Global Issues ◽  
Protection Of Human Rights ◽  
Scientific Fields

The development of Islamic law studies in Indonesia is increasingly interesting to follow. the use of a multidisciplinary approach to Islamic sciences, making the science of Islamic law not only a normative-theological analysis but also integrated with many scientific fields both in the sciences and the humanities. Contemporary global issues require observers and Islamic law reviewers to seriously review Islamic law in depth, one of the global issues that is currently interesting and has become a topic of discussion among many is the issue of the protection of human rights. Human rights formulation in international law cannot be separated from the issue of foreign policy. This paper will conduct a theoretical study of how the concept of Islamic Law itself protects human rights and how it relates to its relationship with post-reform foreign policy. This paper uses a comparative study between legislation and texts (verses) both in the Koran and the hadith, a comparative-critical analysis method makes it easier for the author to find substance in terms of answering the problem statement in this study. The results or conclusions obtained are that human rights are a reflection of carrying out Islamic law in order to realize the nature of universal human benefit. Islam considers that human rights are in accordance with sharia principles, namely protecting one's right to life. This is a strong basis for the study of Islamic law in contributing to the development of human rights principles in the international communityKeywords: Islamic Law, Human Rights, Globalization, International LawPerkembangan kajian hukum Islam di Indonesia makin menarik untuk diikuti. penggunaan pendekatan multidisipliner ilmu-ilmu keislaman, membuat ilmu hukum Islam tidak hanya bersifat normatif-teologis analisanya tapi sudah terintegrasi dengan banyak bidang keilmuan baik ilmu-ilmu sains maupun humaniora. Isu-isu global yang sifatnya kontemporer mengharuskan para pengamat dan pengkaji hukum Islam untuk serius melakukan telaah ulang terhadap ilmu hukum Islam secara mendalam, salah satu isu global yang saat ini menarik dan menjadi perbincangan banyak kalangan adalah soal perlindungan hak asasi manusia. Rumusan HAM dalam hukum internasional tidak bisa dilepaskan dengan persoalan politik luar negeri. Tulisan ini akan melakukan kajian teoritik tentang bagaimana konsep Hukum Islam itu sendiri terhadap perlindungan hak asasi manusia dan bagaimana pula terkait hubungannya dengan politik luar negeri pasca reformasi. Tulisan ini menggunakan studi komparatif antara perundangundangan dengan teks (ayat) baik itu di dalam Al-Quran maupun hadits, metode analisis-kritis komparatif memudahkan penulis menemukan substansi dalam hal untuk menjawab rumusan masalah dalam penelitian ini. Hasil atau kesimpulan yang didapat adalah HAM adalah refleksi untuk menjalankan syariat Islam demi mewujudkan hakikat kemaslahatan manusia secara universal. Islam memandang bahwa HAM sesuai dengan prinsip-prinsip syariah yakni melindungi hak hidup seseorang. Hal ini merupakan dasar yang kuat untuk kajian hukum Islam dalam memberikan kontribusi pada perkembangan prinsip-prinsip hak asasi manusia di dalam masyarakat internasional.Kata Kunci: Hukum Islam, Hak Asasi Manusia, Globalisasi, Hukum Internasional

The United States under President Trump: Gravedigger of International Law

2019 ◽  
Vol 18 (3) ◽  
pp. 645-668 ◽  
Author(s):  
Stefan Talmon
Keyword(s):  
United States ◽  
International Law ◽  
The United States ◽  
The Relationship ◽  
Trump Administration ◽  
Do So

Abstract The United States’ recognition of Israeli sovereignty over the Syrian Golan has been widely considered a flagrant breach of international law. This illegal act gives reason to examine the relationship between the United States under President Trump and international law more generally. Unlike its predecessors, the Trump administration has not just violated international law whenever U.S. economic, political, or strategic interests demanded it to do so, it has rather challenged international law and its institutions as such, and has actively undermined them. The attitude of the Trump administration towards international law and its institutions is marked by an unparalleled contempt or disdain. This article delivers a powerful “J’accuse” against this international law nihilism.

Democracy

2014 ◽  
Author(s):  
Steven Wheatley
Keyword(s):  
International Law ◽  
English Language ◽  
Family Relationship ◽  
The State ◽  
Democratic Legitimacy ◽  
International Governance ◽  
Science Literature ◽  
Democratic State ◽  
The Right ◽  
Over Time

Researchers on “democracy” in international law have to make an important methodological choice: They can examine the “democracy norm” from the perspective only of international law (state practice, treaty norms, international law texts, etc.) or they can locate their research within a wider body of social science literature, in particular considering the normative conception of democracy in political theory (electoral, deliberative, consociational, etc.) and the practice of democracy and democracy promotion identified in political science. The latter is recommended since the idea of democracy in international law did not emerge ex nihilo. To be meaningful, it seems reasonable to conclude that the international law conception of democracy must maintain its family relationship with the idea of democracy that has emerged in political thought and practice over time—after all no agreed definition of democracy exists in international law. For researchers engaged in a critique of doctrine and practice from the perspective of democratic legitimacy, more in-depth reading will be required and reading of the original materials is essential. This article introduces researchers to the key writings in the English language on democracy in international law and relevant readings that inform the debates in international law in cognate disciplines. While certain democratic elements can be found in international doctrine and practice over time, “democracy” as an identifiable principle of the international law order can be dated back to the 1990s and the ending of the Cold War. While the status and content of the “democracy norm” in international law remains contested, the influence of democratic ideals can be seen in a number of areas relating to legitimate political authority at the level of the state and, increasingly, the (democratic) legitimacy of international organizations and institutions. The principle of democracy is seen to have an influence in the functioning of international law and the practice of international relations and international governance: establishing a criterion for legitimate and lawful government, giving form to the right of peoples to political self-determination, providing a context for the enjoyment of human rights and fundamental freedoms, and establishing the basis for peaceable and nonpeaceable interstate relations. Moreover, following the globalization and fragmentation of governance functions, concern has grown increasingly with respect to the “democratic deficit” experienced by citizens at the level of the state, leading to proposals for the democratization of global governance and a literature that examines the extent to which a democratic state should accept the authority of nondemocratic international law norms.

Is There a Discipline of IR? A Heterodox Perspective

2017 ◽  
Author(s):  
Ralph Pettman
Keyword(s):  
International Relations ◽  
International Law ◽  
Academic Discipline ◽  
International Organization ◽  
Military Strategy ◽  
International Governance ◽  
Strategic Issues ◽  
The World ◽  
The Many ◽  
Peace And War

International relations (IR) is widely accepted as an academic discipline in its own right, despite the many subdisciplines which hold it together. These disparate subdisciplines, in fact, have come to define international relations as a whole. Establishing systematic matrices that describe and explain the discipline as a whole can show how the subdisciplines that constitute international relations have sufficient coherence to allow us to say that there is a discipline there. To look at the discipline otherwise would be viewing it as a mere collection of insights taken from other disciplines—in short, international relations could not be defined as a discipline at all. Such an argument forms a more heterodox view of international relations—one which does not attempt to engage with traditional debates about what constitutes the subject’s core as compared with its periphery. The “old” international relations was largely confined to politico-strategic issues to do with military strategy and diplomacy; that is, to discussions of peace and war, international organization, international governance, and international law. It was about states and the state system and little more. By contrast the “new” international relations is an all-inclusive account of how the world works. The underlying coherence of this account makes it possible to provide more comprehensive and more nuanced explanations of international relations.

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