scholarly journals Double standards: The west and Russia

2016 ◽  
pp. 277-285
Author(s):  
Dejan Mirovic
Keyword(s):  
International Law ◽  
Customary Law ◽  
The West ◽  
Basic Principles ◽  
Double Standards ◽  
Post Cold War ◽  
Legal Rules ◽  
Legal Case ◽  
The Russian Empire ◽  
Diplomatic Immunity

In relation towards Russia, there is a tacit consent of the West not to apply basic principles of modern international law. Such rule is not applied in one state only or in some short post-Cold war period? Unique rules have been applied in that case for almost 300 years, since the creation of the Russian Empire. Breaking the rule of diplomatic immunity in case of a Russian diplomat in 1708 in London and his arrest are an incident that could be compared to taking of hostages in the US embassy in Teheran. Also, breaking the Convention on Malta from 1798 by Great Britain shows that even the most basic principles of international contract law, pacta sunt servanda are not respected when it comes to Russia. Judgment in case ?Wimbledon? in front of SSMP shows that sometimes it is legal even to start a violent war against Russia. Double standards are applied by the West when it comes to recognizing the independence of Kosovo, 2008 and Crimea, 2014 and breaking the contract signed with the ex Ukrainian president Janukovic in 2014. Different standards when it comes to aggression of Saudi Arabia on Yemen and sanctions towards Russia because of the Ukraine in 2015, show that its custom legal case or one sided legal rule that the West applies towards Russia. Sometimes, as with the diplomatic boycott of 9 May celebration in Moscow, the EU does not even ask for unanimous approval of such custom legal rules. That is why it could be concluded that customary laws are not based on the idea of justice and respect for international law and not even on state reason (raison d? ?tat). This has arisen directly from the theory of customary law that does not recognize the mutuality of application of rules between civilized and barbaric countries. That is why such behaviour towards Russia can be defined as regional customary law that is applied unilaterally by the groups of states.

scholarly journals Russian Neo-Revisionism

2019 ◽  
Vol 4 (1) ◽  
pp. 1-21 ◽  
Author(s):  
Richard Sakwa
Keyword(s):  
Cold War ◽  
International Law ◽  
Alternative Model ◽  
International System ◽  
Balance Of Power ◽  
The European Union ◽  
The West ◽  
Post Cold War ◽  
Politics Of Resistance ◽  
Consistent Application

A revisionist state would seek to challenge the existing balance of power in the system and threaten the foundations of the system itself. This does not apply to contemporary Russia. It seeks to enhance its status within the existing framework of international society. Russian neo-revisionism does not attempt to create new rules or to advance an alternative model of the international system but to ensure the universal and consistent application of existing norms. Russia’s neo-revisionism represents a critique of western practices in defense of the universal proclaimed principles. It is not the principles of international law and governance that Russia condemns but the practices that accompany their implementation. This reflected Russia’s broader perception in the post-Cold War era that it was locked into a strategic stalemate, and that the country was forced into a politics of resistance. This has taken many forms, including the creation of an anti-hegemonic alignment with China and others. For Moscow, it was the West that had become revisionist, not Russia. Although the implementation of applicable norms was patchy, Russia did not repudiate them. In its relations with the European Union, Russia’s neo-revisionist stance means that it was unable to become simply the passive recipient of eu norms, and instead tried to become a co-creator of Europe’s destiny. The struggle is not only over contested norms, but also over who has the prerogative to claim their norms as universal. However, it was precisely at the level of practices that there was least room for compromise, and thus Russian neo-revisionism became another form of the impasse, and only intensified tensions between Russia and the Atlantic system.

International Legal Aspects of Protecting Civilians and Their Property in the Future Cyber Conflict

2016 ◽  
pp. 423-449
Author(s):  
Metodi Hadji-Janev
Keyword(s):  
Cold War ◽  
International Law ◽  
Armed Conflict ◽  
Legal Aspects ◽  
Political Leaders ◽  
Basic Principles ◽  
Post Cold War ◽  
Law Of Armed Conflict ◽  
The Future ◽  
Cyber Conflict

The post-Cold War reality has brought many changes that challenge political leaders, planners and operators. Using cyberspace to accomplish their political objectives, non-state actors and states have opened serious legal debates over the applicability of the international law of armed conflict principles in cyberspace. In this context, the article explores how the basic principles of International law of armed conflict will apply to the protection of the civilian population from the future cyber conflict. To accomplish this article addresses the ius ad bellum and the ius in bello aspects of cyber conflict.

scholarly journals Le juge interne canadien et le droit international

2005 ◽  
Vol 21 (2) ◽  
pp. 293-329 ◽  
Author(s):  
Francis Rigaldies ◽  
José Woehrling
Keyword(s):  
Great Britain ◽  
International Law ◽  
Theoretical Framework ◽  
Customary Law ◽  
Basic Principles ◽  
Legal Literature ◽  
Total Lack ◽  
The Will ◽  
Droit International ◽  
The Way

Given the almost total lack of constitutional or statutory provisions for the formulation and application of international law, Canadian courts have been invested with the basic responsibility for devising solutions to the problems that have arisen in this field. This paper examines how successful the courts have been as well as the way in which legal literature has reacted to their performance. It is the view of the authors that in dealing with international customary law, Canadian courts have applied solutions adapted from the law of Great Britain in a purely empirical way. While the absence of any theoretical framework has not been a crucial impediment until now, it is difficult to see how future problems can be resolved without any reference to basic principles. With respect to the interpretation and application of treaties, the transposition of principles derived from British practice to a federal context has been the source of notorious constitutional difficulties. Generally speaking, because of the traditional reverence accorded to the will of Parliamant, Canadian courts have been reluctant to recognize any measure of supremacy to international law.

International Legal Aspects of Protecting Civilians and Their Property in the Future Cyber Conflict

2018 ◽  
pp. 1555-1582
Author(s):  
Metodi Hadji-Janev
Keyword(s):  
Cold War ◽  
International Law ◽  
Armed Conflict ◽  
Legal Aspects ◽  
Political Leaders ◽  
Basic Principles ◽  
Post Cold War ◽  
Law Of Armed Conflict ◽  
The Future ◽  
Cyber Conflict

The post-Cold War reality has brought many changes that challenge political leaders, planners and operators. Using cyberspace to accomplish their political objectives, non-state actors and states have opened serious legal debates over the applicability of the international law of armed conflict principles in cyberspace. In this context, the article explores how the basic principles of International law of armed conflict will apply to the protection of the civilian population from the future cyber conflict. To accomplish this article addresses the ius ad bellum and the ius in bello aspects of cyber conflict.

International Law of Belligerent Occupation

2021 ◽  
pp. 55-82
Author(s):  
David Kretzmer ◽  
Yaël Ronen
Keyword(s):  
International Law ◽  
West Bank ◽  
Geneva Convention ◽  
Customary Law ◽  
The West ◽  
Customary International Law ◽  
Occupied Territories ◽  
The Hague ◽  
The Government ◽  
Open Question

This chapter examines the Court’s decisions on the applicability of the belligerent law of occupation to the Occupied Territories and the enforcement of that body of law by the Court. It explains the distinction the Court has drawn between customary international law and treaty law. The chapter shows that the Court regards the Hague Regulations as customary law but has not taken the same approach to the Fourth Geneva Convention. The Government of Israel adopted the view that the applicability of the Fourth Geneva Convention to the West Bank is questionable, but undertook to respect the Convention’s humanitarian provisions. The chapter shows how the Court has neither accepted nor rejected the government’s view and has left the Convention’s formal applicability as an open question. Nevertheless the Court regularly relies on the Convention and interprets is provisions. The chapter maintains that in interpreting the Convention the Court has vacillated between different theories of interpretation but has consistently adopted the interpretation that favours the government’s position in the particular cases before it.

scholarly journals Keeping up Appearances: May the Law of International Responsibility be construed through the ‘Comparative Law’ Methods?

2021 ◽  
Vol 10 (1) ◽  
pp. 43-74
Author(s):  
Łukasz Augustyniak
Keyword(s):  
International Law ◽  
Common Law ◽  
Comparative Law ◽  
Customary Law ◽  
Legal Rules ◽  
Progressive Development ◽  
General Principles Of Law ◽  
International Responsibility ◽  
The Law ◽  
International Law Commission

The article analyses the possible employment of comparative law methodology for the codification, progressive development and the interpretation of the law of international responsibility. It argues that ‘comparative law’ methodology should be used during this process as it would enhance the legitimacy and understanding of the work of the International Law Commission. The use of legal English involves the reference to common law ideas whether it is consciously admitted or not by the users of legal rules drafted in that language. This concept is presented by the reference to the way the language is used in the process of creating and interpreting rules in the area of international responsibility. It also plays an important role during the construction of multicultural internationallegal concepts within that field. Last but not least, the use of ‘comparative law’ seems to be an indispensable apparatus in the codification process in the area of international responsibility consisting of general principles of law and customary law. The ‘comparative law’ methods are invaluable tools for all those who take part in creation of international responsibility rules, as well as their application and interpretation.

D. I. Mendeleev’s “cherished thoughts” on foreign trade and “proper protectionism”

2020 ◽  
pp. 120-139
Author(s):  
T. N. Belova
Keyword(s):  
Foreign Trade ◽  
Russian Empire ◽  
Foreign Trade Policy ◽  
Basic Principles ◽  
Industrial Economy ◽  
The North ◽  
Russian Economy ◽  
American Scholar ◽  
The Russian Empire ◽  
Competition Growth

Foreign trade policy and its role in the economic growth of the national economy are considered through the prism of history and comparison of the formation of the industrial economy in the Russian Empire and the North American United States. The author compares the protectionism of D. I. Mendeleev, described in his economic works, and the free trade thinking of the American scholar W. Sumner, who formulated the “misconceptions” of protectionism. Mendeleev’s proper protectionism is grounded on the basic principles (incentivizing internal competition, growth of consumption, bringing up of new industries ), which are relevant for contemporary Russia. The author gives a typical example of the formation and decline of the factory industry using the case of mirror factories in the Ryazan province. These historical analogies, the paper argues, are necessary for the correct assessment of the current situation and for coming up with valid solutions aimed at the development of the Russian economy.

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.

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative Aspects

2010 ◽  
Vol 1 (2) ◽  
pp. 117-135
Author(s):  
Bożena Drzewicka
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Human Rights ◽  
The West ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The World ◽  
International Human

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative AspectsThe issue of confronting values between civilizations has become very important. It influences not only the level of international politics but also the international normative activity. It is very interesting for the modern international law and its doctrine. The most important factor of causing huge changes in the system of international law is still the international human rights protection and the international humanitarian law which is related to it. It is very difficult to create one catalogue of executive instruments and procedures but it is possible to influence the attitude toward the basic paradigms. The frictions appear from time to time and move to other planes. The West and Asia are still antagonists in the dialogue on the future of the world. The article is a contribution to the intercivilizational dialogue.

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