scholarly journals The Role of Departure States in Combating Irregular Emigration in International Law: An Historical Perspective

2019 ◽  
Vol 31 (1) ◽  
pp. 30-54
Author(s):  
Andrew Wolman
Keyword(s):  
Civil Society ◽  
International Law ◽  
20Th Century ◽  
Historical Perspective ◽  
Legal Responsibility ◽  
Immigration Laws ◽  
Recent Origin ◽  
Migration Law ◽  
Over Time

Abstract This article examines the evolution over time of attempts to establish an international law principle that States have a legal responsibility, at least under certain circumstances, to combat irregular emigration, defined as the exit of individuals who would be arriving at their destination in a manner that is not compliant with the destination country’s immigration laws. Through examination of contemporaneous statements and the travaux préparatoires relating to six separate negotiations, light is shed on the attempts to develop such a norm since the beginning of the 20th century, along with the evolving set of legal and ethical justifications that were used in these processes. The different practical and principled objections employed by States and civil society actors to oppose the development of such a legal norm are also examined. The article concludes that this historical perspective challenges current perceptions that home State controls are of recent origin, and that in fact international migration law is inherently progressive.

Rights of the Child

2017 ◽  
Author(s):  
Asha Bajpai
Keyword(s):  
Civil Society ◽  
International Law ◽  
Legal Framework ◽  
Civil Society Organizations ◽  
Legal Definition ◽  
Rights Of The Child ◽  
The Government ◽  
Definition Of

The chapter commences with the change in the perspective and approach relating to children from welfare to rights approach. It then deals with the legal definition of child in India under various laws. It gives a brief overview of the present legal framework in India. It states briefly the various policies and plans, and programmes of the Government of India related to children. International law on the rights of the child is enumerated and a summary of the important judgments by Indian courts are also included. The chapter ends with pointing out the role of civil society organizations in dealing with the rights of the child and a mention of challenges ahead.

Governing International Cooperation in Criminal Matters: The Role of the aut dedere aut judicare Principle

2018 ◽  
Vol 18 (2) ◽  
pp. 244-274 ◽  
Author(s):  
Andrea Caligiuri
Keyword(s):  
International Law ◽  
International Cooperation ◽  
Legal Nature ◽  
The Status ◽  
Criminal Matters ◽  
The Relationship ◽  
Over Time

The aim of the study is to ascertain how the original Grotian formula ‘aut dedere aut punire’ has been implemented and evolved in international law. The first step is to classify the multilateral conventions that have accepted an aut dedere aut judicare clause. The goal is to bring out peculiarities of the different treaty texts, describing the relationship between the two options dedere and judicare, and the different obligations that arise for the contracting states. We will then examine the content of the two options, to define the legal boundaries within which the contracting states shall or may operate. At this point, we will focus on the legal nature of the aut dedere aut judicare principle that over time may have risen to the status of customary rule. The study will conclude with analysis of reactions to the breach of the aut dedere aut judicare clause by non-complying countries.

Professor Uluots, the Estonian Government in Exile and the Continuity of the Republic of Estonia in International Law

2000 ◽  
Vol 69 (3) ◽  
pp. 289-316
Author(s):  
Keyword(s):  
Soviet Union ◽  
International Law ◽  
20Th Century ◽  
Legal Practice ◽  
Baltic States ◽  
The Soviet Union ◽  
Foreign Occupation ◽  
The Republic ◽  
The Baltic

AbstractInternational legal practice in the 20th century is rich in challenging cases of state continuity and extinction. One of those cases is the preservation of the continuity of the Baltic states throughout 51 years of foreign occupation and annexation. After decades of non-recognition of Soviet annexation by leading Western powers, the present-day Baltic republics have not been seen as successor states of the Soviet Union, but as identical with the independent Baltic states of 1918–1940. How could the continuity of the Baltic states be preserved, especially as the Soviet Union had effectively and seemingly “forever”established its control over the Baltic republics? This article focuses on the Estonian situation, laying out the events of 1944 which led to the proclamation of the new constitutional government, and after the country was for the second time occupied by the Soviet army, to the creation of an Estonian government in exile. One of the main questions asked in this article is whether and how the Estonian government in exile contributed to the preservation of the continuity of the Republic of Estonia. Both legal and political aspects played a role in the preservation of the continuity of the Republic of Estonia, and for various reasons, the role of the Estonian government in exile was not exactly that of “the” preserver of state continuity.

scholarly journals Pneumoencephalography in the workup of neuropsychiatric illnesses: a historical perspective

2017 ◽  
Vol 43 (3) ◽  
pp. E10
Author(s):  
Mariam Ishaque ◽  
David J. Wallace ◽  
Ramesh Grandhi
Keyword(s):  
Side Effects ◽  
20Th Century ◽  
Historical Perspective ◽  
Diagnosis And Treatment ◽  
Early 20Th Century ◽  
Neurosurgical Procedures ◽  
Clinical Neuroscience ◽  
Historical Perspectives

Throughout history, neurosurgical procedures have been fundamental in advancing neuroscience; however, this has not always been without deleterious side effects or harmful consequences. While critical to the progression of clinical neuroscience during the early 20th century, yet, at the same time, poorly tolerated by patients, pneumoencephalography is one such procedure that exemplifies this juxtaposition. Presented herein are historical perspectives and reflections on the role of the pneumoencephalography in the diagnosis and treatment of neuropsychiatric illnesses.

Civil Society Approach

2019 ◽  
pp. 151-160
Author(s):  
Grzegorz Ekiert
Keyword(s):  
Public Policy ◽  
Civil Society ◽  
Political Change ◽  
Distinct Mode ◽  
Quality Of Democracy ◽  
Beneficial Role ◽  
Political Transformations ◽  
Over Time

The idea of civil society resurrected in the 1970s has been one of the most important concepts guiding reflection on political transformations of contemporary societies. This chapter discusses various understandings of the concept and the asserted role civil society has in shaping political and economic outcomes. It points to established consensus on the beneficial role of civil society as a political project and a set of normative principles, but it emphasizes disagreements about how civil society is defined and measured, how it evolves over time, what dimensions of politics and public policy it shapes, and what are the mechanisms through which it affects the quality of democracy and resistance to authoritarianism. It also explores the idea of the civil society strategy as a distinct mode of political transformations as opposed to the revolutionary strategy. Finally, it suggests that civil society can be construed as a discrete analytical optics for analysing political change.

Civil society from a historical perspective

2004 ◽  
Vol 12 (1) ◽  
pp. 65-79 ◽  
Author(s):  
JU¨RGEN KOCKA
Keyword(s):  
Civil Society ◽  
Market Economy ◽  
Historical Perspective ◽  
Private Sphere ◽  
Short History ◽  
Middle Classes ◽  
The Public ◽  
History Of ◽  
Transnational Civil Society ◽  
Over Time

In many languages, the concept of ‘Civil society’ has had an astonishing career over the last 10 to 15 years, in disciplines such as history and sociology as well as with the public at large. This article presents a short history of the concept, offers a definition and explores the reasons for its popularity by identifying its conceptual ‘opponents’, which have changed over time. It discusses the changing relations between civil society, the market economy, government and the private sphere. It deals with the affinity between civil society and the middle classes in some areas and periods. It finally explores the trends and limits of the emergence of a transnational civil society in Europe. It is an overview that deals with the present problems from a historical perspective.

New Responses to the Legitimacy Crisis of International Institutions: The Role of ‘Civil Society’ and the Rise of the Principle of Participation of ‘The Most Affected’ in International Institutional Law

2021 ◽  
Author(s):  
Jochen von Bernstorff
Keyword(s):  
Civil Society ◽  
International Law ◽  
International Institutions ◽  
Discursive Strategies ◽  
Governmental Organizations ◽  
Theoretical Approaches ◽  
Civil Society Participation ◽  
Non Governmental Organizations ◽  
Legitimacy Crisis

Abstract The article offers a description and assessment of the most important discursive strategies used to enhance and justify various models of ‘civil-society participation’ in international institutions since the late 19th century. It starts from the assumption that the two main rationales for, or concepts of, ‘civil-society’ participation are functionalism and democratization. The article also notes that, as an offshoot of the democratization rationale, a new empirical and discursive 21st-century trend has partially replaced classic non-governmental organizations (NGOs) with so-called ‘affected person’s organizations’ in international institutions. In this context, the article claims that the field of international institutional law is currently witnessing the rise of a principle of participation of ‘the most affected’. This shift arguably is an institutional strategy to respond to a profound legitimacy crisis of both international NGOs and the so-called ‘global governance’ structures shaped over the last 30 years. Against the backdrop of various theoretical approaches to the problem of representation and affectedness in political philosophy and international law, the article critically assesses if, and to what extent, the involvement of ‘the most affected’ in international organizations can alter the legitimacy resources of international law and its institutions.

A Constitutional Moment?: United Nations Peacekeeping in the Democratic Republic of Congo

2011 ◽  
Vol 8 (1) ◽  
pp. 55-135 ◽  
Author(s):  
Scott P. Sheeran
Keyword(s):  
United Nations ◽  
International Law ◽  
Democratic Republic Of Congo ◽  
Secretary General ◽  
Legal Responsibility ◽  
Checks And Balances ◽  
Important Means ◽  
The United Nations ◽  
Withdrawal Of Support

AbstractThe United Nations (UN) is the world's most prominent international organization, and a key issue is its responsibility under international law. The contemporary growth in UN powers and activities has not been matched by parallel developments in accountability and checks and balances within the UN legal order. This was recently brought to the fore in the instance of UN peacekeepers providing support to Congolese army forces responsible for serious violations of international humanitarian and human rights law. It became a significant public issue and the Secretary-General eventually withdrew UN support from a unit of the Congolese army. This article demonstrates that this withdrawal of support by the Secretary-General represents a constitutional moment for the United Nations. It confirmed a key premise that the Secretary-General is normatively constrained under the Charter, including by the Organization's obligations, when implementing the decisions of the Security Council. This is a legal development which engages a number of emerging and uncertain areas of international law relating to the United Nations, including the UN's constitutional law, the responsibility of international organizations, the substantive obligations of the Organization, and the role of international law in peace and security. Recognizing this important development not only confirms the Secretary-General's legal responsibility under the Charter, it reinforces the view of the Charter as a living instrument and provides an effective and important means for incorporating the law of responsibility into the UN constitutional order and a check upon the expansive application of the Security Council's implied powers doctrine.

The (Hegemonic?) Role of the English Language

2017 ◽  
Vol 86 (2) ◽  
pp. 196-227 ◽  
Author(s):  
Christian Tomuschat
Keyword(s):  
International Law ◽  
20Th Century ◽  
English Language ◽  
World Wide ◽  
European History ◽  
European Languages ◽  
World Level ◽  
Primary Instrument

Latin was the language mostly used by international lawyers in the early centuries of European history, later replaced by French. In the course of the 20th century, the monopoly of French was progressively eroded by English. At world level, English has become the primary instrument of communication, whose dominance is not confined to diplomatic intercourse, but has also intruded into academia. Numerous international law journals have switched to English at least as a supplementary language. This ascendance of English has the great advantage of ensuring easy communication among lawyers world-wide. Yet the concentration on English leads to neglect of writing in other languages, and accordingly, to an impoverishment of intellectual debate. The use of English, tends to degenerate into a tool of political hegemony. All international lawyers should make an effort to reach at least a passive knowledge of the traditional European languages in order to avoid a “déformation linguistique”.

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