scholarly journals Introductory Remarks by Hélène Tigroudja

2018 ◽  
Vol 112 ◽  
pp. 27-28
Author(s):  
Hélène Tigroudja
Keyword(s):  
International Law ◽  
International Society ◽  
The State ◽  
International Organization ◽  
Good Morning ◽  
Private Actors

Good morning, everybody, and welcome to this extraordinary panel on the operationalization of international law, beyond the state, so it is a very ambitious title and it is a very ambitious question, and we are trying to discuss a bit more about the private actors and the role and the place of the private actors in international society, but not only private actors as such but private actors in their relationship with other classical subjects of international law of states across an international organization.

Book I Diplomacy in General, 4 The State: Its Concept as a Legal Person in International Law

2016 ◽  
Author(s):  
Fox Hazel
Keyword(s):  
International Law ◽  
International Community ◽  
The State ◽  
International Organization ◽  
Legal Person ◽  
International Affairs ◽  
Public International Law ◽  
Role Of The State

This chapter addresses the State as the prime actor in the conduct of diplomacy and examines the State’s status as a legal person as defined by international law. To understand the role of the State in international affairs, it is essential to appreciate that it is both a maker and a subject of international law. It has been and continues to be instrumental in the formation of public international law. The chapter thus presents four topics to explain the nature and scope of the powers and activities of the State in international affairs. These are: the qualifications for statehood, recognition of the State as a member of the international community, the State compared to an international organization as a legal person and other entities having lesser rights in international law, and sovereignty as an attribute of the State.

‘On the Safe and Right Lines’: The Lloyd George Government and the Origins of the League of Nations, 1916–1918

1989 ◽  
Vol 32 (1) ◽  
pp. 131-155 ◽  
Author(s):  
Peter Yearwood
Keyword(s):  
Twentieth Century ◽  
International Law ◽  
International Society ◽  
League Of Nations ◽  
International Organization ◽  
Total War ◽  
Peace And Justice ◽  
Post War ◽  
Durable Peace

The success of wartime governments in the twentieth century is determined not just by their effectiveness in waging war, but also by their ability to plan for peace. Mobilizing the population for total war and winning the benevolent neutrality or active support of major uncommitted powers require the projection of a vision of a better, peaceful world which will be the necessary consequence of victory. The reordering of international society is therefore proclaimed as a war aim of each belligerent. By December 1916, when Lloyd George displaced Asquith, the desirability of establishing a league of nations was already a matter of serious popular and diplomatic discussion. The new administration almost immediately had to state its attitude on questions of post-war international organization. In launching his peace initiative President Wilson called for the establishment after the war of a ‘league of nations to insure peace and justice’. The joint reply of the Entente powers endorsed the setting up of such a body. In a separate commentary, which was given wide publicity in America, the foreign secretary, A. J. Balfour, explained that, as a condition of durable peace, ‘behind international law, and behind all treaty arrangements for preventing or limiting hostilities, some form of international sanction should be devised which would give pause to the hardiest aggressor’.

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.

The Function of the Triad ‘Territory’, ‘Jurisdiction’, and ‘Control’ in Due Diligence Obligations

2020 ◽  
pp. 75-91
Author(s):  
Federica Violi
Keyword(s):  
International Law ◽  
The State ◽  
Due Diligence ◽  
Precise Identification ◽  
And Function ◽  
Private Actors ◽  
And Control ◽  
Power And Authority

This chapter analyses the notions ‘territoryʼ, ‘jurisdictionʼ, and ‘controlʼ and their influence on the scope of due diligence obligations. It demonstrates that these notions epitomise the link between the state charged with the obligation and the risk itself and argues that the precise identification of this link is essential to understand how due diligence obligations arise and function. The chapter traces the gradual ‘widening’ of the scope of due diligence in international law, through court and arbitral decisions, treaties and non-binding instruments. It reflects on whether current international law is able to move away from the territoriality principle and conceive other forms of organising power and authority, and whether due diligence obligations might also be borne by private actors.

Aviation and International Law

1930 ◽  
Vol 24 (2) ◽  
pp. 228-240 ◽  
Author(s):  
Manley O. Hudson
Keyword(s):  
Nineteenth Century ◽  
International Law ◽  
International Society ◽  
Human Action ◽  
International Organization ◽  
Human History ◽  
Daily Lives ◽  
National Organization ◽  
The World ◽  
Made In

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.

Deconstructing the Conflict in Ukraine: The Relevance of International Law to Hybrid States and Wars

2015 ◽  
Vol 16 (3) ◽  
pp. 452-478 ◽  
Author(s):  
Outi Korhonen
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
State Level ◽  
Current Situation ◽  
The State ◽  
Public And Private ◽  
The Rule Of Law ◽  
Economic Control ◽  
Before And After ◽  
Private Actors

In Ukraine, spheres of political, military, and economic control are contested, non-transparent, and shifting. As the Ukrainian government lost control over the rebellious Eastern oblasts (regions) of the country, Russia denies its authority over various pro-Russian separatists and vigorously rejects any responsibility for the abuses by the unidentified “green men,” both before and after the annexation of Crimea. Even during the decades before this conflict, the rule of law in Ukraine was “thin” at best. Meaningful political control was sporadic and dispersed, often wielded by the mix of public, private, and other shady actors occupying the grey area between a functional and a dysfunctional state. If state actors never effectively took control over the events at the state-level during peaceful times, it is not surprising that it is more difficult once a “hot” conflict breaks out. It is not unreasonable to assume that Minsk agreements—signed in an effort to stop the hemorrhaging of the conflict—will not hold if the signatories do not effectively control the diverse public and private actors who possess the actual capacity to influence the dynamic on the ground. Before rendering any kind of juridical judgment, the complicated political and socioeconomic configuration of the conflict in Ukraine forces us to first confront a factual puzzle: Who and what influence the current situation? Which concrete actors really drive the conflict and what interests animate them?

scholarly journals FOUNDATION OF STATES

2014 ◽  
Vol 8 (1) ◽  
pp. 66-70
Author(s):  
Cristian Jura
Keyword(s):  
International Law ◽  
International Society ◽  
State Policy ◽  
Policy Making ◽  
Essential Element ◽  
The State ◽  
Public International Law

The organisation of international society in state entities, appearing as subjects ofinternational law, represented an essential element in the overall evolution and developmentof it, the state-policy making leading to the incorporation, maintenance and development ofinternational community. The state may be considered the main creator, beneficiary anddefender of public international law.

scholarly journals Are There Any Inherently Public Functions for International Law?

AJIL Unbound ◽  
2021 ◽  
Vol 115 ◽  
pp. 302-306
Author(s):  
Eyal Benvenisti
Keyword(s):  
International Law ◽  
Global Governance ◽  
International Organizations ◽  
The State ◽  
Point Of View ◽  
The Other ◽  
Self Determination ◽  
Human Right ◽  
Private Actors

In “Are There ‘Inherently Sovereign Functions’ in International Law?”, Frédéric Mégret provides a deeply insightful reflection on “the essence of the state” from the point of view of international law, outlining a theory about the inherently sovereign functions in international law. He carefully identifies existing norms of international law that articulate certain public functions to be performed solely by the state rather than delegating them to private actors. Mégret offers functional and intrinsic rationales, suggesting that individuals have a right to benefit from certain public functions exercised by state authority, such as legislation and adjudication, what perhaps could be termed “the human right to the state.” In this essay, I suggest that it is indeed possible to derive such demands from the requirements of stable and sustainable governance that are embedded in the concept of sovereign responsibility, as well as from the rights associated with democracy and self-determination. I further argue that Mégret's inquiry can and must be extended also to explore the other side of the coin: the role of international law in facilitating (and possibly limiting) the delegation of public authority to unaccountable international organizations and other global governance bodies.

Part II The Treaty-Makers, 7 Who Can Make Treaties? Other Subjects of International Law

2020 ◽  
Author(s):  
Grant Tom
Keyword(s):  
Nongovernmental Organizations ◽  
International Law ◽  
Foreign Relations ◽  
International Agreements ◽  
The State ◽  
Federal State ◽  
Private Actors

This chapter discuses treaty-making by ‘other subjects of international law’. These other subjects of international law may be divided into four categories. First, there are territories integral to a State — especially the units which constitute a federal State. Second, there are external territories, the foreign relations of which normally are the responsibility of a State albeit under a variety of relationships. Third, insurgent groups — entities which seek to displace an existing State in all or part of its territory and themselves to assume the functions of the State — have been said to enter into international agreements as well. Finally, private actors — including corporations, nongovernmental organizations and individuals — may be international law subjects for some purposes; the extent to which this is the case remains in flux.

Internationalization

2018 ◽  
Author(s):  
Kubo Mačák
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Prima Facie ◽  
The State ◽  
International Organization ◽  
National Liberation ◽  
Territorial State

This chapter analyses and examines the existing modalities of conflict internationalization, arguing that there are two principal mechanisms through which a prima facie non-international armed conflict may transform into an international armed conflict. Firstly, ‘standard internationalization’ occurs when two independent subjects of international law become engaged against one another as the conflict develops, either as the result of an intervention by an external actor such as a third state or an international organization, or via an internal development if the territorial state dissolves into two or more successor states during the conflict. Secondly, ‘complementary internationalization’ covers those modalities, in which the state/non-state asymmetry of the parties is maintained, and yet the situation transforms into an international armed conflict in law. This process may either be absolute, as with so-called wars of national liberation, or it may be relative, as in internationalization through recognition of belligerency, special agreements, or unilateral declarations.

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