scholarly journals International legal axiomatics of Kant: history and modernity

2015 ◽  
Vol 3 (2) ◽  
pp. 78-86
Author(s):  
Виктор Поздняков ◽  
Viktor Pozdnyakov

The article discusses the problems of international legal philosophy of Kant in its historical and methodological significance for modern analysis of international relations. The author pays attention to the formulation of Kant problems of war and peace as a central issue of international law. International legal concept Kant considered by the author in terms of the basic principles of solution to the problem of war and peace. Particular attention is paid to reflect this perspective in the marxist and liberal traditions.

Globus ◽  
2020 ◽  
Author(s):  
H. Mammadov ◽  
◽  
Zh. Mammadova ◽  

This article is devoted to the problems of mutual influence and interaction of international law and religion. In particular, it examines the development of international law and the sources of religion. In addition, which areas of international law are most developed under the influence of religious provisions. The history of international law knows various theories under which international law has improved. The article provides a detailed analysis of these theories and views, noting the institutions of international law that arose directly under the influence of religion. For example, it is noted that under the influence of Relia, the UN Charter codifies the basic principles of international law, etc. In addition, it shows the challenges of religion to international law and relations in the era of globalization in the twenty-first century, which led even to the undermining of modern international relations and traditional religious concepts caused by the " return of religion” in international relations; secondly, it presents and discusses the research path of religion and international relations. Finally, a brief analysis of the 2 impact of the global revival of religion and the ”return of religion" in international law and international relations has been carried out


2021 ◽  
Author(s):  
Lyudmila Ternovaya

The monograph is devoted to the analysis of the current topic of hybrid war, in which the thin red lines separating it from peaceful life can both turn into an impenetrable iron curtain, and become a bright and attractive advertisement for another country and culture, forcing you to immerse yourself in another world, and not perceive it as a rival. Neither international law, nor the tools for identifying all the figures of international relations involved in resolving issues of war and peace, nor culture can correct the mutual distortions of hybrid war and hybrid peace. And yet, it is possible to find such facts that help to remove hybrid layers and reach the true interests, goals and means of those geopolitical actors who benefit from such a complex hybrid game of war and peace. It is intended for specialists in the field of international relations, history, culture. It will also arouse the interest of a wide range of readers.


Author(s):  
José Antonio García Sáez

Resumen: Guerra y paz pueden ser pensadas como dos momentos que están destinados a sucederse alternativamente dentro la historia de las relaciones internacionales. Pero también cabe la esperanza de que a través del desarrollo de un orden internacional fuerte pueda conseguirse una paz perpetua o, cuanto menos, duradera. A ese fin han destinado sus esfuerzos numerosos juristas cuyas obras pueden ser enmarcadas dentro del pacifismo jurídico. En este texto se tratará de ordenar los rasgos característicos de esta posición, tomando como división central aquella que separa los autores que han apostado por la prohibición de la guerra de aquellos que han apostado por su progresiva superación. Ambas posiciones compartirán su preferencia por el fortalecimiento de las instituciones internacionales, además de una cierta vocación cosmopolita. Palabras clave: Pacifismo jurídico, guerra, paz, filosofía del derecho internacional. Abstract: War and peace could be thought as two moments bound to succeed each other within the history of international relations. But there is also room for the hope in a perpetual or, at least, sustainable peace thorough the development of a strong international order. Several legal scholars, whose works can be labelled inside the legal pacifism, have devoted their efforts to that end. This paper tries to put some order about the main features of legal pacifism. It takes as a central division their position towards war: some legal pacifists have defended the total outlawry of war, while others have considered preferable a progressive overcoming of war. Both positions will share the preference for strength the international institutions, together with a certain degree of cosmopolitan commitment. Keywords: legal pacifism, war, peace, philosophy of international law.


Author(s):  
Aleksandr V. Mal’ko ◽  
Veronika S. Khizhniak

This work is focused on the problems arising in imposing prohibitions in international relations; the authors identify the main legal and social aspects hindering creation of effective mechanism for implementing prohibitions in international relations and enlist possible ways of eliminating the possible problems. The analysis of the international legal norms of institutionalizing prohibitions and practices of their implementation revealed that an effective implementation of prohibitions is often associated with the need to amend national legislation, as well as with the presence of Russia’s own legal norms that make it possible to apply the norms of international law in the state directly, or to apply them jointly with the norms of the national law. The absence of a universal international instrument governing the responsibility of states for breaching legal prohibitions makes it difficult to implement these prohibitions and comply with them, although states may follow the rules of the “Draft Articles on Responsibility of States for Internationally Wrongful Acts” as a document stating moral (political) prescriptions. The main problems cumbering the development of an effective mechanism for implementation of prohibitions are the following: the absence of agreed international and domestic legal mechanisms for implementation of prohibitions; the reluctance of states to bear responsibilities; the attempts to mitigate the prosecution of citizens, especially officials; and failures to take adequate legal measures for resolving the problem. The authors necessitate adoption of documents that could regulate the issues of international legal responsibility, though in a unipolar world it is very problematic and can even aggravate the situation. The mechanism developed under such conditions can reflect the position of only one state and therefore can result in consolidating an undesirable hierarchy of states in international relations. An effective legal mechanism of responsibility for the violation of prohibitions in international relations can arise only in a multipolar world. It is also necessary to abide the basic principles of international law, to strengthen international cooperation and improve the mechanisms of international legal regulation. These efforts also call forth the establishment of a multipolar world


Author(s):  
Francesca Musiani

"Digital sovereignty" is the idea that states should “reaffirm” their authority over the Internet and protect their citizens, institutions, and businesses from the multiple challenges to their nation’s self-determination in the digital sphere. According to this principle, sovereignty depends on more than supranational alliances or international legal instruments, military might or trade: it depends on locally-owned, controlled and operated innovation ecosystems, able to increase states’ technical and economic independence and autonomy. Presently, digital sovereignty is understood primarily as a legal concept and a set of political discourses. As a consequence, it is predominantly analysed by political science, international relations and international law. However, the study of digital sovereignty as a set of infrastructures and socio-material practices has been largely neglected. In this proposal, I argue that the concept of (digital) sovereignty should also be studied via the infrastructure-embedded “situated practices” of various political and economic projects which aim to establish autonomous digital infrastructures in a hyperconnected world. Although this contribution is also a call for a wider and comparative research programme, I will focus here on the “pilot case” of Russia, which is the subject of an ongoing research project. Ultimately, the analysis of infrastructure-embedded digital sovereignty practices in Russia shows how the Russian discourse on Internet sovereignty as a centralized and top-down apparatus paradoxically open up technical and legal opportunities for mundane resistances and the existence of “parallel” Runets, where particular instantiations of informational freedom are still possible.


10.12737/3457 ◽  
2014 ◽  
Vol 2 (5) ◽  
pp. 5-21 ◽  
Author(s):  
Олег Тиунов ◽  
Olyeg Tiunov

In the article have defined of the role of the principle of the sovereign equality of the states in the system of the principles of international law. The contemporary of the signs of the sovereign equality became aparent the grand total of the development of the international law. Its substance development was under the influence of the different history formations. The Charter of the United Nations there is the basic document of the contemporaneity in which has sealed the principle of the sovereign equality of the states as the part of the system of the principals the modern international law. The legal signs of the sovereignty appears on the supreme sovereignty within the limits of the state, and they must be independence of the state in the international relations. The basic principles of international law there are interdependence. They must be conform to the context each other.


2020 ◽  
Vol 2 ◽  
pp. 36-45
Author(s):  
Oksana Holovko-Havrysheva

This article focuses on the concepts of war and peace in international law embedded in academic heritage of such scholars as Gustaw Roszkowski andZygmunt Cybichowski, who represented the positions of the international lawyers and academicians working in Lviv (city being named throughout its history as Leopolis, Lwów, Lemberg and Lvov) in 19th century and early 20thcentury. These authors represent totally opposing standpoints with regard to the use of military force in international relations, arguing however that rules on war need to be systematized and regulated by legal norms. It is assumed that the debates on war and peace, as held at the University of Lviv in 19-th and early 20-th centuries were linked to the constitutional debate on statehood and self-determination for Polish and Ukrainian communities, living at the territory of Galicia in the Austro-Hungarian Empire.


2020 ◽  
Vol 55 (2) ◽  
Author(s):  
Ľubomír Zvada

This Handbook maps the contours of an exciting and burgeoning interdisciplinary field concerned with the role of language and languages in situations of conflict. It explores conceptual approaches, sources of information that are available, and the institutions and actors that mediate language encounters. It examines case studies of the role that languages have played in specific conflicts, from colonial times through to the Middle East and Africa today. The contributors provide vibrant evidence to challenge the monolingual assumptions that have affected traditional views of war and conflict. They show that languages are woven into every aspect of the making of war and peace, and demonstrate how language shapes public policy and military strategy, setting frameworks and expectations. The Handbook's 22 chapters powerfully illustrate how the encounter between languages is integral to almost all conflicts, to every phase of military operations and to the lived experiences of those on the ground, who meet, work and fight with speakers of other languages. This comprehensive work will appeal to scholars from across the disciplines of linguistics, translation studies, history, and international relations; and provide fresh insights for a broad range of practitioners interested in understanding the role and implications of foreign languages in war.


2019 ◽  
Vol 1 (1) ◽  
pp. 60-71
Author(s):  
Devi Yusvitasari

A country needs to make contact with each other based on the national interests of each country related to each other, including among others economic, social, cultural, legal, political, and so on. With constant and continuous association between the nations of the world, it is one of the conditions for the existence of the international community. One form of cooperation between countries in the world is in the form of international relations by placing diplomatic representation in various countries. These representatives have diplomatic immunity and diplomatic immunity privileges that are in accordance with the jurisdiction of the recipient country and civil and criminal immunity for witnesses. The writing of the article entitled "The Application of the Principle of Non-Grata Persona to the Ambassador Judging from the Perspective of International Law" describes how the law on the abuse of diplomatic immunity, how a country's actions against abuse of diplomatic immunity and how to analyze a case of abuse of diplomatic immunity. To answer the problem used normative juridical methods through the use of secondary data, such as books, laws, and research results related to this research topic. Based on the results of the study explained that cases of violations of diplomatic relations related to the personal immunity of diplomatic officials such as cases such as cases of persecution by the Ambassador of Saudi Arabia to Indonesian Workers in Germany are of serious concern. The existence of diplomatic immunity is considered as protection so that perpetrators are not punished. Actions against the abuse of recipient countries of diplomatic immunity may expel or non-grata persona to diplomatic officials, which is stipulated in the Vienna Convention in 1961, because of the right of immunity attached to each diplomatic representative.


Upravlenie ◽  
2020 ◽  
Vol 8 (4) ◽  
pp. 116-122
Author(s):  
Sadeghi Elham Mir Mohammad ◽  
Ahmad Vakhshitekh

The article considers and analyses the basic principles and directions of Russian foreign policy activities during the presidency of V.V. Putin from the moment of his assumption of the post of head of state to the current presidential term. The authors determine the basic principles of Russia's foreign policy in the specified period and make the assessment to them. The study uses materials from publications of both Russian and foreign authors, experts in the field of political science, history and international relations, as well as documents regulating the foreign policy activities of the highest state authorities. The paper considers the process of forming the priorities of Russia's foreign policy both from the point of view of accumulated historical experience and continuity of the internal order, and in parallel with the processes of transformation of the entire system of international relations and the world order. The article notes the multi-vector nature of Russia's foreign policy strategy aimed at developing multilateral interstate relations, achieving peace and security in the interstate arena, actively countering modern challenges and threats to interstate security, as well as the formation of a multipolar world. The authors conclude that at present, Russia's foreign policy activity is aimed at strengthening Russia's prestige, supporting economic growth and competitiveness, ensuring security and implementing national interests. Internal political reforms contribute to strengthening the political power of the President of the Russian Federation and increasing the efficiency of foreign policy decision-making.


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