Globalization and international law: theoretical and legal analysis

10.12737/3776 ◽  
2014 ◽  
Vol 2 (1) ◽  
pp. 52-56
Author(s):  
Х.Г. Прието Муньоз ◽  
J.G. Prieto Munoz
Keyword(s):  
International Relations ◽  
International Law ◽  
Legal Analysis

The article reveals the role and impact of globalization on international relations and international law, analyzing the most influential contemporary legal theories that explain this process.

scholarly journals Military Lawyers on the Battlefield: An Empirical Account of International Law Compliance

2010 ◽  
Vol 104 (1) ◽  
pp. 1-28 ◽  
Author(s):  
Laura A. Dickinson
Keyword(s):  
International Relations ◽  
International Law ◽  
Legal Analysis ◽  
Theoretical Level ◽  
Legal Process ◽  
Strategic Action ◽  
State Behavior ◽  
Legal Norms ◽  
Norm Internalization ◽  
Transnational Legal Process

International law scholarship remains locked in a raging debate about the extent to which states do or do not comply with international legal norms. For years, this debate lacked empirical data altogether. International law advocates tended to assume that most nations obey most laws most of the time and proceeded to measure state activity against international norms through conventional legal analysis. In contrast, international relations realists and rational choice theorists have argued that international law is simply an epiphenomenon of other state interests with little independent power at all. Meanwhile, constructivist and transnational legal process approaches have posited that international law seeps into state behavior through psychological and sociological mechanisms of norm internalization and strategic action. But even these studies tend to remain on a theoretical level, without on-the-ground data about which factors might influence compliance in actual day-to-day settings.

scholarly journals International law on the principle of non-use of force or the threat of force

2020 ◽  
Vol 6 (3) ◽  
pp. 115-122
Author(s):  
Vladimir A. Jilkine
Keyword(s):  
International Relations ◽  
United Nations ◽  
International Law ◽  
Use Of Force ◽  
Military Force ◽  
Legal Analysis ◽  
Fundamental Factor ◽  
The World ◽  
The United Nations

The Article presents an analysis of the main provisions of the principle of non-use of force or the threat of force proclaimed in the UN Charter and amended by Helsinki Final Act. The UN Charter puts first the principle of non-use of force or the threat of force among the main principles of international law, which is a fundamental factor in ensuring peace and safety throughout the world. The only mechanism for making decisions on the use of military force as the final argument can only be the UN Charter. The problem of the use of force was and remains one of the most complex and debatable in international law. The article provides a comparative and legal analysis of sources of international law governing the use of force or the threat of force in international law and individual cases in the practice of international relations. Russia does everything possible to prevent the use of military force in violation of the Charter of the United Nations, destabilization of the situation in the world, and builds international relations on the principles of international law for ensuring the reliable and equal security of states.

scholarly journals The BRICS, A Post-Hegemonic Model With Its Own Normativity: How do the BRICS reach to influence WTO law through the oriented use of WHO policies?

2019 ◽  
Vol 8 (2) ◽  
Author(s):  
Meryl Thiel
Keyword(s):  
International Relations ◽  
International Law ◽  
International System ◽  
Main Idea ◽  
Health Policies ◽  
Legal Analysis ◽  
Legal Policy ◽  
The World ◽  
Hegemonic Construction

In response to Krasner's view, exclusively focused on geopolitical tensions and power games on the world stage, Keohane’s counter-multilateralism approach brings a solution: that of cooperation. The fact remains that the explanation delivered by international relations overlooks the fundamental role of law. Currently, the BRICS legal policy presents itself as a paradigmatic model, which shows how Krasner's and Keohane's theories complement one another, thanks to their targeted use of international law. This paper aims to demonstrate that the BRICS — in defining an innovative and independent legal policy influence normativity processes — are a post-hegemonic construction, with their own normativity, intended to fight against the organized hypocrisy of our international system. In view of the question of how the BRICS participate in the moralization of capitalism, I have considered the hypothesis of a BRICS hegemony, in the sense that the forms of cooperation promoted by the group are innovative and are not corresponding to any concept currently in force: the group uses WTO and WHO's health policies to curb world trade regulations. The main idea of this paper is to try to articulate the international relations theories with a legal analysis. In other words, my working assumption is that to be able to design its own normativity, the group diverts the WTO's political and legal mechanisms, via the WHO's health requirements, and is, therefore, rising as a new hegemonic formation.

scholarly journals Super-mandatory rules in private international law

2021 ◽  
Vol 7 (Extra-C) ◽  
pp. 29-37
Author(s):  
Yury Alexandrovich Svirin ◽  
Sergej Nikolaevich Shestov ◽  
Vladislav Petrovich Sorokin ◽  
Marina Andreevna Simanova ◽  
Catherina Aleksandrovna Kukhturskaya
Keyword(s):  
International Relations ◽  
International Law ◽  
Private International Law ◽  
Legal Analysis ◽  
Effective Protection ◽  
Scientific Methods ◽  
Special Scientific ◽  
Mandatory Rules ◽  
General Scientific ◽  
Definition Of

The article studies the concept and the need to apply super-mandatory rules in international private relations. The concept of super-mandatory rules emerged in international law in the 20th century. However, different countries provide various definitions of such rules and develop different practices of their application. The diversification of this concept hinders the effective protection of violated rights and obligations of parties to international relations. Analyzing different acts of international law, the authors of the article offer their vision of super-mandatory rules. Methods: The topic was studied through general scientific methods and special scientific methods, including system-structural, historical, technical-legal analysis, comparative jurisprudence, etc. The objective is to examine the application of super-mandatory rules (in particular, their possible application in international private relations), as well as determine and formulate their essence. Results: The authors have studied the application of super-mandatory rules in various countries, including Russia. They have also formed the definition of super-mandatory rules and considered the possibility of their application in Russia.

scholarly journals Issues Of Ensuring Tolerance In The Activities Of Religious Denominations And International Organizations (Political-Legal Analysis)

2021 ◽  
Vol 03 (04) ◽  
pp. 223-228
Author(s):  
Shokhijakhon Eshpulotovich Toshpulotov ◽  
Keyword(s):  
International Relations ◽  
International Law ◽  
International Organizations ◽  
Religious Tolerance ◽  
Legal Analysis ◽  
Interreligious Relations

The article reveals with the information on the principles of tolerance in international relations and its brief history in humanity, as well as on issues of ensuring religious tolerance in the activities of the religious denominations and international organizations. There is also given the information about the principles of international law and interreligious relations and the rights of the states and individuals who are belonging to certain religions.

PENERAPAN PRINSIP PERSONA NON GRATA TERHADAP DUTA BESAR DITINJAU DARI PERSPEKTIF HUKUM INTERNASIONAL (STUDI KASUS PENGANIAYAAN TKI OLEH DUTA BESAR ARAB SAUDI DI JERMAN)

2019 ◽  
Vol 1 (1) ◽  
pp. 60-71
Author(s):  
Devi Yusvitasari
Keyword(s):  
International Relations ◽  
International Law ◽  
Recipient Country ◽  
Secondary Data ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
National Interests ◽  
The World ◽  
Diplomatic Immunity ◽  
The Right

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.

Hobbes among the Classic Jurists

2018 ◽  
Author(s):  
David Boucher
Keyword(s):  
International Relations ◽  
International Law ◽  
The State ◽  
Law Of Nature ◽  
Law Of Nations ◽  
Complete Identification ◽  
The Law ◽  
The Individual ◽  
Hedley Bull ◽  
Hans Morgenthau

The classic foundational status that Hobbes has been afforded by contemporary international relations theorists is largely the work of Hans Morgenthau, Martin Wight, and Hedley Bull. They were not unaware that they were to some extent creating a convenient fiction, an emblematic realist, a shorthand for all of the features encapsulated in the term. The detachment of international law from the law of nature by nineteenth-century positivists opened Hobbes up, even among international jurists, to be portrayed as almost exclusively a mechanistic theorist of absolute state sovereignty. If we are to endow him with a foundational place at all it is not because he was an uncompromising realist equating might with right, on the analogy of the state of nature, but instead to his complete identification of natural law with the law of nations. It was simply a matter of subject that distinguished them, the individual and the state.

Sign in / Sign up

Export Citation Format

Share Document