The Polish Rider: CH Alexandrowicz and the reorientation of international law, Part II: declension and the promise of renewal

2021 ◽  
Author(s):  
Carl Landauer
Keyword(s):  
International Law ◽  
19Th Century ◽  
Constitutional Development ◽  
Legal Principles ◽  
New States

Abstract This article is the second of a two-part analysis of the work of the international legal historian, CH Alexandrowicz. Part II analyses Alexandrowicz’s narrative of the decline of international law represented by 19th-century positivism and the scramble for African territory, where legal principles such as the protectorate became mere tools for acquisition, and treaties bereft of obligation. It traces his sympathy for the post-independence ‘new states’, his hope for the renewal of international law, the Romantic narrative imbuing his secular, modernist eschatology, and his continuing engagement with Indian Constitutional development.

The New States and International Law (1974)

2017 ◽  
Author(s):  
C. H. Alexandrowicz
Keyword(s):  
International Law ◽  
Sufficient Evidence ◽  
Economic Relations ◽  
Legal Principles ◽  
Legal Rules ◽  
The Family ◽  
New States ◽  
State Succession ◽  
The Law ◽  
Orthodox View

This chapter examines some of the legal problems resulting from the entry of the ‘new’ states (mainly the Afro–Asian countries) into the family of nations. The orthodox view is that such states have no choice as to the law which shall apply to them since they are born into the existing international order and must accept its tenets. However, the practice of the ‘new’ states does not supply sufficient evidence of such a fait accompli. There are legal rules that they tend to reject as well as rules they wish to have included. Among the existing principles that ‘new’ states refuse to accept or that they accepted with far-reaching reservations are the legal principles relating to economic relations. Other branches of international law that are under revisionist pressure from the ‘new’ states are the law of state succession and the law of the sea.

Solving the Internet Jurisdiction Puzzle

2017 ◽  
Author(s):  
Dan Jerker B. Svantesson
Keyword(s):  
International Law ◽  
Cyber Security ◽  
Data Privacy ◽  
Modern World ◽  
The Internet ◽  
Private International Law ◽  
Reform Initiatives ◽  
Legal Principles ◽  
Privacy Law ◽  
History Of

Internet jurisdiction has emerged as one of the greatest and most urgent challenges online, severely affecting areas as diverse as e-commerce, data privacy, law enforcement, content take-downs, cloud computing, e-health, Cyber security, intellectual property, freedom of speech, and Cyberwar. In this innovative book, Professor Svantesson presents a vision for a new approach to Internet jurisdiction––for both private international law and public international law––based on sixteen years of research dedicated specifically to the topic. The book demonstrates that our current paradigm remains attached to a territorial thinking that is out of sync with our modern world, especially, but not only, online. Having made the claim that our adherence to the territoriality principle is based more on habit than on any clear and universally accepted legal principles, Professor Svantesson advances a new jurisprudential framework for how we approach jurisdiction. He also proposes several other reform initiatives such as the concept of ‘investigative jurisdiction’ and an approach to geo-blocking, aimed at equipping us to solve the Internet jurisdiction puzzle. In addition, the book provides a history of Internet jurisdiction, and challenges our traditional categorisation of different types of jurisdiction. It places Internet jurisdiction in a broader context and outlines methods for how properly to understand and work with rules of Internet jurisdiction. While Solving the Internet Puzzle paints a clear picture of the concerns involved and the problems that needs to be overcome, this book is distinctly aimed at finding practical solutions anchored in a solid theoretical framework.

scholarly journals Wesley in Oxford and the Legend of Holy Grail’s Knight: The Study about the Root of Methodism to the World, and the Foundation of Kwansei-Gakuin in Japan

2017 ◽  
Vol 6 (1) ◽  
pp. 9-16
Author(s):  
Kawanishi Takao
Keyword(s):  
Roman Empire ◽  
19Th Century ◽  
18Th Century ◽  
Round Table ◽  
King Arthur ◽  
Spiritual Power ◽  
The World ◽  
Methodist Episcopal Church ◽  
New States ◽  
The 19Th Century

Abstract John Wesley (1703-91）is known as the founder of Methodism in his time of Oxford University’s Scholar. However, about his Methodical religious theory, he got more spiritual and important influence from other continents not only Oxford in Great Britain but also Europe and America. Through Wesley’s experience and awakening in those continents, Methodism became the new religion with Revival by the spiritual power of “Holy Grail”. By this research using Multidisciplinary approach about the study of Legend of Holy Grail’s Knight, - from King Arthur and Knights of the Round Table in the Medieval Period, and in 18th century Wesley, who went to America in the way on ship where he met the Moravian Church group also called Herrnhut having root of Pietisms, got important impression in his life. After this awakening, he went to meet Herrnhut supervisor Zinzendorf (1700-60) in Germany who had root of a noble house in the Holy Roman Empire, - and to Legend of Holy Grail’s Knight Opera “Parsifal” by Richard Wagner at Bayreuth near Herrnhut’s land in the 19th century, Wesley’s Methodism is able to reach new states with the legend, such as the historical meaning of Christianity not only Protestantism but also Catholicism. I wish to point out Wesley’s Methodism has very close to Legend of Holy Grail’s Knight. In addition, after the circulation in America, in the late 19th century Methodism spread toward Africa, and Asian Continents. Especially in Japan, by Methodist Episcopal Church South, Methodism landed in the Kansai-area such international port city Kobe. Methodist missionary Walter Russel Lambuth (1854-1921) who entered into Japan founded English schools to do his missionary works. Afterward, one of them became Kwansei-Gakuin University in Kobe. Moreover, Lambuth such as Parsifal with Wesley’s theories went around the world to spread Methodism with the Spirit’s the Legend of Holy Grail’s Knight as World Citizen.

scholarly journals The new international legal order and new states in the Balkans

2006 ◽  
Vol 58 (3) ◽  
pp. 272-293 ◽  
Author(s):  
Dusko Dimitrijevic
Keyword(s):  
International Law ◽  
Essential Role ◽  
Legal Order ◽  
State Behavior ◽  
The Balkans ◽  
Starting Point ◽  
New States ◽  
International Legal Order ◽  
The One ◽  
Further Development

In this study the author attaches a great importance to the theoretical examination of the concept of the New International Legal Order that was embodied in the last decades of the 20th century. The starting point for that reflection is the dissolution of the SFR Yugoslavia that illustrates one of the fundamental legal precedents. Reminding that the basic principle for the post-modern State behavior must be the one that includes minimal disturbance of the existing international legal relations, the author stresses that "the Yugoslav case" was customized in the way to respond to the new reality where the principle of effectiveness played an essential role in valuation of the statehood. It could also be one of the greatest catalysts for all further 'development rules' of international law.

scholarly journals 110 years of the Second Hague Conference: role of the Russian diplomacy and International Law doctrine of F. Martens

2017 ◽  
pp. 78-83
Author(s):  
E. Voronin
Keyword(s):  
International Law ◽  
Social System ◽  
Use Of Force ◽  
Russian Society ◽  
Coup D'etat ◽  
Legal Principles ◽  
The Public ◽  
Public Expression ◽  
Real Essence

Facts backed up by documents and contemporary testimonies must serve as a basis for the consequencies of the events of 1917, as a verification of any impartial estimation and indiscriminate view on the most brutal revolt in history, and its consequences.The Russian society needs an impartial, just and deep analysis of these events. Foremost this would require a clear civilised understanding of the real essence of any coup d’etat, whatever name it takes (revolution, classjustified struggle, etc) and whatever banners it bears in history, and whatever propaganda and ideological falcifications determine it.The Constitution of any state ruled by law acknowledges any evolution in the development of the sociaty based on legal principles. Any change of institutes or social system in a state can be realised through the force of laws, which comply with the public expression of will (referendum). In national legislation of the present-day states there are no norms, which establish revolutionary convulsions as legal, which are based on illegitimate take-over with the use of force.

The New States and International Law

1974 ◽  
Vol 3 (3) ◽  
pp. 226-233
Author(s):  
Charles Alexandrowicz
Keyword(s):  
International Law ◽  
New States

El informe sobre las implicaciones de la independencia de Escocia y su adhesión a la Unión Europea

2014 ◽  
pp. 981-1016
Author(s):  
Carlos COELLO MARTÍN ◽  
Fernando GONZÁLEZ BOTIJA
Keyword(s):  
International Law ◽  
Alternative Possibility ◽  
British Government ◽  
International Organisations ◽  
New States ◽  
University Of Edinburgh ◽  
Scottish Independence ◽  
The Uk ◽  
The University ◽  
The Eu

LABURPENA: Gobernu britainiarrak azterketa bat argitaratu du Eskozia burujabe batek ekarriko lituzkeen ondorioei buruz. Dokumentu horri erantsita doa bi irakasleren azterketa (James Crawford eta Alan Boyle, Edinburgoko Unibertsitatekoak), Eskoziaren burujabetza-erreferendumari buruzko alderdi juridikoak jorratuz. Bertan ondorioztatzen denez, Eskozia burujabe egiten bada, estatu berritzat hartuko da nazioarteko Zuzenbidearen ikuspegitik, eta gainerako estatuak oraingo Erresuma Batua ordeztuko luke, bere erakundeei eutsiz, eta bi estatu berri agertzearen ideia baztertuz. Horregatik, gainerako Erresuma Batuak orain kide den nazioarteko erakundeen kide izaten jarraituko luke, eta Eskoziak bere atxikipena eskatu beharko luke estatu berri gisa. Hala gertatuko litzateke, adibidez, Europar Batasunarekin. RESUMEN: El Gobierno britanico ha publicado un documento de analisis sobre las implicaciones que conllevaria una Escocia independiente. Como anexo a dicho documento se encuentra el estudio de dos profesores (James Crawford y Alan Boyle de la Universidad de Edimburgo) que analizan los aspectos juridicos del referendum sobre la independencia de Escocia. En ese estudio se concluye que si Escocia llega a ser independiente, se considerara como un nuevo Estado desde el punto de vista del Derecho internacional y el resto del actual Estado sucedera al actual Reino Unido, conservando sus instituciones, rechazandose la idea de que aparezcan dos nuevos Estados. Por ello el resto del Reino Unido continuaria como miembro de las organizaciones internacionales de las que es actualmente miembro, mientras que Escocia tendria que solicitar su adhesion como un nuevo Estado. Este seria el caso de la Union Europea. ABSTRACT: The British Government has published a major analysis paper on the implications of Scottish independence: ≪Scotland Analysis: Devolution and the Implications of Scottish Independence≫. The paper annexes an Opinion written by Professor James Crawford along with Professor Alan Boyle of the University of Edinburgh, entitled ‘Opinion: Referendum on the Independence of Scotland – International Law Aspects’. The Opinion concludes that if Scotland becomes independent, it will be considered a new state as a matter of international law and the remainder of the UK will continue the legal identity of the UK and retain its existing institutions generally uninterrupted. It rejects the alternative possibility that Scotland and the remainder of the UK will both be considered new states. The Opinion also concludes that one consequence of this is that the remainder of the UK will continue its membership of international organisations, whereas Scotland will have to join many of them as a new state. In particular, Scotland will have to join the EU as a new member state.

Reading RP Anand in the Post-Colony

2019 ◽  
pp. 297-317
Author(s):  
Prabhakar Singh
Keyword(s):  
International Law ◽  
Cultural Differences ◽  
Legal Theory ◽  
International Court Of Justice ◽  
Power Politics ◽  
Post Colonial ◽  
Court Of Justice ◽  
International Court ◽  
New States ◽  
Functional Inclusion

Professor RP Anand analysed the birth of new states and their theoretical and functional inclusion in the post-UN world. The 1947 Indian independence afforded Indian lawyers a choice between Nehruvian internationalism and Judge Pal’s Tokyo dissent. Essentially, Anand preferred state interest over cultural differences as the currency of international law while celebrating the UN Charter, the International Court of Justice, and the UN Convention of the Law of Sea as the achievements of the mankind. Anand saw the rejection of international law as synonymous with power politics. While optimistic, his universalism engendered a Western anti-thesis that an Asian approach to international law, if any, was otiose. Subsequently, post-colonial scholars responded with a synthesis that brought colonialism from periphery to the centre of international legal theory.

5 Rules of Attribution

2020 ◽  
Author(s):  
Hobér Kaj
Keyword(s):  
United Nations ◽  
International Law ◽  
The State ◽  
State Responsibility ◽  
Final Version ◽  
Legal Principles ◽  
Form Part ◽  
Energy Charter Treaty ◽  
International Law Commission ◽  
Law Commission

This chapter focuses on the rules of attribution. The State is not responsible for all acts and omissions of its nationals, but only for those which can be attributed to the State. It is thus necessary to establish this link between the State and the person, or persons, committing an unlawful act or omission. The legal principles used to establish this link are usually referred to as rules of attribution. The rules of attribution form part of the law of state responsibility, which, to a large part, is reflected in the work of the International Law Commission (ILC) of the United Nations. At its fifty-third session in 2001, the ILC adopted its final version of the ILC Articles on Responsibility of States for Internationally Wrongful Acts. The ILC Articles are intended to cover all aspects of state responsibility under international law. The rules of attribution are laid down in Chapter II of the ILC Articles. From an Energy Charter Treaty perspective, Articles 4—8 are the most relevant ones. The central provision with respect to attribution is Article 4, which confirms the well-established principle of international law that the State is responsible for the acts of its own organs acting in the capacity of the State.

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