scholarly journals Constitutionalization of International Law in Light of Modern International Relations

2018 ◽  
Vol 5 (1) ◽  
pp. 141-147
Author(s):  
G M Aznagulova
Keyword(s):  
International Relations ◽  
Categorical Imperative ◽  
Human Values ◽  
Legal Studies ◽  
Dialogue Among Civilizations

Within present-day globalization processes, we witness internationalization of the state law order while constitutionalization of the international relations and international law gains more importance. The paper discusses the process of international law constitutionalization as an embodiment of general human values in the state law in accordance with the views of Academician T.Ya. Khabrieva. The author demonstrates that the international law constitutionalization must have the sources of state law as its basis and must take into account the world political and legal experience as well as the doctrinal items of the national legal studies. Kant’s «eternal peace» idealistic as it might seem, however devoid of illusions, may and must serve the basis for «the dialogue among civilizations» and the leading principle of the global world existence, stabilization of the foundations of world order declared by the League of Nations and the United Nations Organization. Immanuel Kant’s ideas that are stated in his writings stipulate the idea of peace. These ideas were in fact the basis of the most relevant international political and legal documents including those in human rights. The ideas are topical nowadays and are of interest in present-day theory and practice of international law and international relations. The author emphasizes the practical value of Kant’s categorical imperative for the law.

scholarly journals THE APPEARANCE OF THE PENAL INTERNATIONAL LAW AS A BRANCH OF THE PUBLIC INTERNATIONAL LAW

2014 ◽  
Vol 8 (1) ◽  
pp. 122-126
Author(s):  
Daniel Ştefan Paraschiv ◽  
Elena Paraschiv
Keyword(s):  
International Relations ◽  
International Law ◽  
Human Values ◽  
Public International Law ◽  
The Public ◽  
Peace And Security ◽  
The Law

From the oldest times, there appeared certain norms of penal international law meantto prevent the committing of serious offenses, as well as for sanctioning them. This distinctbranch of the public international law is called upon to protect - by sanctioning personsguilty of committing serious offenses - peace and security of the whole humanity, thedevelopment in conformity with the norms of the law and moral of the international relations,the existence and perenniality of fundamental human values.

Beyond de jure and de facto boundaries: tracing the imperial geographies of US law

2019 ◽  
Vol 26 (2) ◽  
pp. 397-418
Author(s):  
Freya Irani
Keyword(s):  
International Relations ◽  
National Economy ◽  
Federal Court ◽  
Legal Authority ◽  
Legal Studies ◽  
The Us ◽  
Antitrust Laws ◽  
The World ◽  
Us Government ◽  
Employee Relationships

Since 1945, US judges have extended numerous “domestic” US laws (including securities and antitrust laws) to govern economic transactions taking place “abroad”. However, they have generally failed to extend US labor and employment laws to govern employer–employee relationships outside “US territory”. Through a close reading of federal court decisions and drawing on recent work in the field of critical legal studies, this article makes an argument for centering the study of jurisdiction in International Relations scholarship and for approaching states as instantiated in their jurisdictional assertions. I suggest that such an approach enables us to capture the geographies—including the imperial geographies—of US law in the “normal,” everyday course of affairs. In particular, such an approach allows us to see that, since the mid-20th century, the legal authority and legal relations of the US government have come to be organized around the notion of the national economy (rather than simply around, for example, notions of territory or citizenship). What this means is that it is increasingly a posited relationship to this national economy that determines whether people and corporations, wherever in the world they are located, are subjected to or protected by US law.

Illusions of Democracy

2019 ◽  
Keyword(s):  
International Relations ◽  
Social System ◽  
Political Life ◽  
Disciplinary Boundaries ◽  
Authoritarian State ◽  
Legal Studies ◽  
Emerging Trends ◽  
Malaysian Politics ◽  
Political Economic ◽  
Constitutional Identity

Illusions of Democracy: Malaysian Politics and People offers an up-to-date and broad analysis of the contemporary state of Malaysian politics and society. Transcending disciplinary boundaries, it offers a look at Malaysian politics not only through the lens of political science but also anthropology, cultural studies, international relations, political economy and legal studies touching on both overlooked topics in Malaysian political life as well as the emerging trends which will shape Malaysia’s future. Covering silat martial arts, Malaysia’s constitutional identity, emergency legislation, the South China Sea dilemma, ISIS discourse, zakat payment, the fallout from the 1MDB scandal and Malaysia’s green movement, Illusions of Democracy charts the complex and multi-faceted nature of political life in a semi-authoritarian state, breaking down the illusions which keep it functioning, to uncover the mechanisms which really underlie the paradoxical longevity of Malaysia’s political, economic and social system.

Islam and Modernity: Nurcholish Madjid's Interpretation of Civil Society, Pluralism, Secularization, and Democracy

2005 ◽  
Vol 33 (3) ◽  
pp. 486-505 ◽  
Author(s):  
Andi Faisal Bakti
Keyword(s):  
Civil Society ◽  
Middle Class ◽  
International Relations ◽  
Human Development ◽  
Human Values ◽  
Open Approach ◽  
Communication Approach ◽  
Islam And Modernity ◽  
The Way

AbstractDebates on the applicability of the "modern" Western concepts of civil society, pluralism, secularization and democracy, together with Islam, significantly developed since the 1970s in Indonesia, in particular since the emergence of Nurcholish Madjid (hereafter Madjid). By the end of the 1980s, the Paramadina Foundation, which was established in 1986 by Madjid, among others, increasingly attracted higher middle-class individuals who claimed to adopt a progressive and open approach to Islam. Through Paramadina, Madjid, among others, developed his own idea of civil society. He is one of the most obvious champions of "neo-modernism" in Indonesia, as these ideas of both "modernism" and "traditionalism" are combined when they are relevant and suitable for society. The question addressed here is how Madjid interprets the concepts of civil society, pluralism, secularization and democracy as his main discourses? In other words, how does Madjid define and pave the way for Islamic development in Indonesia? What approaches does he use? While the concepts developed in Paramadina are basically inclusivism, pluralism, integralism, tolerance and democracy, on the way to achieving masyarakat madani (the Indonesian translation of civil society as adopted by Madjid), it seems that Madjid falls short of promoting local and global human values, international relations and communication. In fact, he adopts a cultural and nationalistic approach within the framework of Indonesian nationalism, which could lead to cultural crystallisation, particularism, localism and, eventually, atavism. These factors, however, if given a humanistic and global flavour — as set forward by the communication approach to human development — could indeed contribute to the emancipation of local citizens, from a parochial and centralized nationalism adhered to today by many Indonesian leaders. Thus, thinking globally and acting locally could be a liberating force for all.

scholarly journals Connections between Ethical Values, the Meaning of Human Life, and Human Communities, according to Vasile Goldiș

2017 ◽  
Vol 19 (33) ◽  
pp. 65-74
Author(s):  
Marţian Iovan
Keyword(s):  
International Relations ◽  
Human Life ◽  
Human Values ◽  
Moral Order ◽  
Political Elites ◽  
Ethical Values ◽  
Relevant Today ◽  
Community Solidarity ◽  
Administrative Elites

Abstract The author presents the views held by Vasile Goldiș – Transylvanian scholar, politician, and one of the masterminds of the Great Union of 1 December 1918 – regarding the role of universal human values in guiding individuals and human communities. Together with other Christian values, ethics guides individuals, communities, political and administrative elites, churches, and academia. This results in greater justice, community solidarity and cohesion, and a greater ability for society to shape and promote its internal moral order. Considering the diversity of moral profiles found among various nations, ethnicities and political elites, Goldiș highlights their common grounds – which facilitates a new moral order in inter-human, inter-community and international relations. The ethical testament promoted by Goldiș in his writings and throughout his life is still relevant today, and it also holds true for the next generations.

scholarly journals Concept of International Legal Policy in Foreign Comparative Legal Studies

2020 ◽  
pp. 27-43
Author(s):  
O. S. Magomedova
Keyword(s):  
International Relations ◽  
International Law ◽  
Comparative Studies ◽  
Foreign Relations ◽  
Comparative Research ◽  
Comparative Method ◽  
Research Work ◽  
Legal Policy ◽  
Legal Norms ◽  
Legal Studies

INTRODUCTION. International legal policy is a new object in international legal studies, although this phenomenon exists as long as the external relations of States. International legal policy is a rare case of research subject, which remains unexplored. International legal policy as a Concept of State's policy towards legal aspects of international relations was formed in the 80-s of last century. Earlier the questions and their particular aspects now embraced by international legal policy were divided between international lawyers and international relations researchers. However international legal policy is an integral system of State's approaches to international legal matters, therefore its punctual research is relevant only from comparative point of view. It would be interesting to compare States' positions on concrete issues or States' tactics at different stages of realization of international legal norms. This article concerns the question whether comparative studies of international legal policy can be integrated into existing fields of comparative foreign relations law or of comparative research of international law.MATERIALS AND METHODS. The article surveys theoretic questions primarily on the base of doctrinal sources. The retrospective analysis of the comparative method in international law is based on works published by Russian and foreign experts during the XX century. Particular attention is drawn upon works of founders of comparative research in international legal studies. The concept of foreign relations law in the scholarship and practice of the U.S. is researched on the base of national case law, which formulated the principle of executive exceptionalism in State foreign policy. Research work is realized with the use of analysis, synthesis, systematisation, as well as methods of historical and comparative method.RESEARCH RESULTS. The Article consistently reveals meaning and the content of international legal policy as one of the authors of the concept, French lawyer and diplomat G. de Lacharriere, presented it. The Article examines the history of foreign relations law in the U.S. and presents its doctrinal estimations from viewpoint of American constitutional law. The research work specifies different points of view on content of foreign relations law and approaches to its justification. Indeed international legal policy and foreign relations law can be compared as two types of State’s approach to its legal position on the international scene. There are six parameters for comparison: sources, functions, subjects of both concepts, questions on allocation of foreign powers in the State, on relationship between international and national law, on the role of national courts in interpretation and application of international norms. In consideration of “national interest” concept the attribution of international legal policy to international organisations or supranational association is judged as incorrect. The article examines the question of applicability of comparative method in the international law within the discourse among scholars on how differently modern States evaluate international legal norms. Analysis of the tendency to contrasting States’ approaches to the international law encompasses its development from notions “international law of transitional period”, “international legal systems”, to notions “national approach”, “legal style”, “legal culture”. Brief survey of comparative international law gives perspective on diversity of approaches to comparable aspects of the international law. Comparative studies of international legal policy could get consolidated among them.DISCUSSION AND CONCLUSIONS. At first sight the comparative method is hardly applicable to the international law. However the universality of the international law doesn’t exclude variety of approaches to it. The research into international legal policy determined by national interests of every State allows to systemize positions of a State into a single strategy. At the same time comparative method doesn’t only provide classical comparison of States’ positions by issues, but also offers to compare inner-workings of the international legal policy and shaping factors. Nowadays in the context of trends on diversification of international relations (fragmentation, regionalisation), growing popularity of the comparative method translated into comparative foreign relations law and comparative international law. However international legal policy doesn’t correspond with categorial apparatus of comparative foreign relations law. International legal policy is nor able to apply methodological tenets of comparative international law due to its multivalued content. Most likely comparative studies of international legal policy can become a new approach within comparative international law, which should be based on the principles of concreteness and consistency.

International law and its discontents: Exploring the dark sides of international law in International Relations

2017 ◽  
Vol 43 (3) ◽  
pp. 430-452 ◽  
Author(s):  
Ryder McKeown
Keyword(s):  
International Relations ◽  
International Law ◽  
Personal Responsibility ◽  
Research Programme ◽  
Policy Outcomes ◽  
Political Responsibility ◽  
Liberal Democracies ◽  
Legal Studies ◽  
Theoretical Perspectives ◽  
Decision Making Processes

AbstractInternational law is generally considered to be a good thing. With important exceptions, such as Critical Legal Studies, scholarship in both International Relations (IR) and International Law (IL) reinforces this ‘nice law’ assumption and therefore overlooks or underestimates the law’s negative aspects. In contrast, this article assumes the power of international law to examine how international law can have effects that are unintended, unhelpful, or even perverse. In particular, I argue that international law distorts policy- and decision-making processes in liberal democracies by eroding personal responsibility and decreasing accountability; legal expertise and legal virtues crowd out important virtues of statecraft and prudence while shrinking our capacity for sophisticated moral and political thought; and an excessive focus on law can lead to suboptimal foreign policy outcomes. Rather than law being a bad thing per se, I examine the significant strategic and moral limits of international law. This raises the need to lower our expectations of international law, carefully examine the relationship between power and international law, and political responsibility and legal ethics, and more fully embrace our own personal responsibility. The article closes by suggesting a research programme on the dark sides of international law from various theoretical perspectives.

Bobbio, i diritti umani e la dottrina internazionalista italiana

2009 ◽  
pp. 485-502
Author(s):  
Francesco Salerno
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Law ◽  
State Level ◽  
Legal Framework ◽  
Legal Studies ◽  
Long Time ◽  
Legal Thinking ◽  
The Right ◽  
The Impact

- Two elements must be taken into account in order to assess Bobbio's influence on Italian legal thinking regarding human rights and their protection at the international level: on one side, Bobbio's polyedric attitude towards legal studies; on the other side, the difficulty experienced by the Italian doctrine of international law in moving away from traditional positivist and statalist paradigms. The "dialogue" between Bobbio and international legal thinking probably reached its peak in the middle of the 20th Century, when some international law scholars, referring inter alia to Bobbio's reflection on custom as a source of law, developed the idea of "spontaneous law" in connection with international customary rules. Yet, this "contact" had only a limited impact on the law of human rights, probably due to the fact that, for a long time, Italian scholars have generally followed a very cautious approach over the possibility of ascertaining the existence of universal rules for the protection of such rights. Besides, the Italian doctrine of international law, in line with its formalistic and statalist foundations, paid in general little attention to the "promotional" function of international law in the area of human rights, despite Bobbio's attempts to draw the attention to its potentials, especially after the adoption of the Universal Declaration of Human Rights(1948). Italian scholars, assuming that international relations and international law should be looked at from the standpoint of the "constitutional sovereignty" of the State, have also been generally unwilling to study the impact of international rules over issues of constitutional law and to assess whether international law requires States to adopt an institutional and legal framework compatible with the "right to democracy". Instead, Bobbio's attention to federalism has proved to be more easy to share among international law scholars, especially in connection with international organizations acquiring a supra-national dimension: the need of assuring respect of human rights within such organizations, just like at State level, has been constantly remarked by Italian authors.

The Women, Peace, and Security Agenda and Feminist Institutionalism: A Research Agenda

2018 ◽  
Vol 21 (4) ◽  
pp. 598-613 ◽  
Author(s):  
Jennifer Thomson
Keyword(s):  
International Relations ◽  
Political Science ◽  
Security Council ◽  
Political Institutions ◽  
Research Agenda ◽  
United Nations Security Council ◽  
International Affairs ◽  
Legal Studies ◽  
Design And Implementation ◽  
Peace And Security

Abstract Since the inception of United Nations Security Council Resolution 1325 (UNSCR 1325) in 2000, feminist academia has been closely interested in the developing women, peace, and security (WPS) agenda in international affairs. The majority of this work has emerged from within feminist international relations (Mcleod 2015; Shepherd 2008) and feminist legal studies. Less attention has been paid to the WPS agenda by feminist political science. As a result, less consideration has been given to political institutions within the WPS framework. This paper argues that the design and implementation of postconflict political institutions is an important component of the WPS agenda and one which deserves greater attention. It demonstrates that using certain tenets of feminist political science, and feminist institutionalism in particular, can offer key insights into greater understanding of the importance of political institutions within postconflict societies. The article illustrates how political institutions have been underconsidered within academic work on the WPS agenda. It then argues that political institutions are an important part of the puzzle when it comes to implementing the WPS agenda. It shows how feminist institutional theory can help to provide key insights into the nature of postconflict institutions.

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