The Concept of Legality in International Arbitration

1911 ◽  
Vol 5 (3) ◽  
pp. 604-614 ◽  
Author(s):  
Paul S. Reinsch
Keyword(s):  
International Law ◽  
Moral Duty ◽  
Legal Obligation ◽  
International Arbitration ◽  
Legal Principles ◽  
The Creation

The movement for the creation of a definite and permanent organ for the authoritative declaration of international law in controversies between states involves in it a transition from the concept of moral to that of legal obligation. The cardinal element in the concept of legality, that which distinguishes moral duty from legal obligation, is that in the latter case the duty is not enforced only through a general sentiment of right, but through a definite organization. An obligation may be said to be legal when in its determination and enforcement, definitely constituted organs are active. The obligation of a moral, ethical, or social duty, which is backed only by the general sentiment of the community, may be felt just as strongly by individuals as the legal obligation which is determined by a definitely appointed body of men. Yet this very definiteness of organization serves to impart greater strength, or at least rigidity, to the legal principles.

The Competence of the Mixed Arbitral Courts of the Treaty of Versailles

1923 ◽  
Vol 17 (4) ◽  
pp. 661-690 ◽  
Author(s):  
Karl Strupp
Keyword(s):  
International Law ◽  
League Of Nations ◽  
Point Of View ◽  
International Arbitration ◽  
Labor Laws ◽  
International Rivers ◽  
Treaty Of Versailles ◽  
International Labor ◽  
The Creation ◽  
Laws And Regulations

Regardless of what we may think of the Treaty of Versailles, we must admit that it contains indications of farsightedness and broad vision. Among these I include the Covenant of the League of Nations and the clauses relating to international rivers and international labor laws. But even apart from these groups of laws and regulations, the provisions of the treaty which aim to submit disputes arising out of an especially important part of the treaty to international arbitration constitute, from the point of view of international law and considered in an abstract way—that is, only with reference to their creation and their significance for the development of international law and international arbitration—a real accomplishment, the fulfilment of wishes expressed even before the war by such scholars as von Bar, Meurer, Wehberg and Ludwig Wertheimer. At the same time the creation of the arbitral courts in the sense of Part X, Section VI, confirms the fact that the tendency toward arbitral settlement of such disputes even as arise from treaties of peace, to which I already called attention before the war, has not been abandoned on account of the war. This was proved by the German treaties with the Eastern countries and is now again indicated by the Treaty of Versailles.

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.

Features of ILM for the 1960's

1969 ◽  
Vol 8 (I1) ◽  
pp. xi-xii
Keyword(s):  
International Law ◽  
International Organizations ◽  
Armed Conflict ◽  
Developed Countries ◽  
Military Force ◽  
International Arbitration ◽  
National Courts ◽  
The Developed Countries

The contents of ILM for the period from 1962 to 1969 reflect several significant developments: (1) the entry on the international scene of many new countries and their establishment of relations with the developed countries, particularly in the fields of commerce and trade and of investment; (2) the prevalence of armed conflict and the use of military force in the unsettled conditions resulting from the decolonization process and from continued antagonisms between the superpowers; (3) the pervasive role of international organizations, both global and regional, general and specialized; and (4) the continued predominance of national courts in the judicial consideration of questions of international law and the shift from general to specialized tribunals in the resolution of disputes by international arbitration and adjudication.

scholarly journals Kurdish Regional Self-rule Administration in Syria: A new Model of Statehood and its Status in International Law Compared to the Kurdistan Regional Government (KRG) in Iraq

2016 ◽  
Vol 17 (3) ◽  
pp. 468-488 ◽  
Author(s):  
LOQMAN RADPEY
Keyword(s):  
Civil War ◽  
International Law ◽  
International Community ◽  
Regional Government ◽  
Autonomous Region ◽  
New Model ◽  
Northern Iraq ◽  
Syrian Population ◽  
The Creation ◽  
Self Rule

AbstractHaving been supressed and denied their rights by successive Syrian governments over the years, Syrian Kurds are now asserting ade factoautonomy. Since the withdrawal of the Syrian President's forces from the ethnically Kurdish areas in the early months of the current civil war, the inhabitants have declared a self-rule government along the lines of the Kurdistan regional government in northern Iraq. For Syrian Kurds, the creation of a small autonomous region is a dream fulfilled, albeit one unrecognized by the international community. Some 15% to 17% of the Syrian population is Kurdish. Whether they can achieve statehood will depend on a reading of international law and on how the international community reacts. There are certain aspects which differentiate Kurdish self-rule in Syria from its counterpart in Iraq.

(Dis)solving the Chronological Paradox in Customary International Law: A Hartian Approach

2008 ◽  
Vol 21 (1) ◽  
pp. 129-148 ◽  
Author(s):  
David Lefkowitz
Keyword(s):  
International Law ◽  
Legal System ◽  
Resolution Function ◽  
Customary International Law ◽  
International Legal System ◽  
The Creation ◽  
The Law ◽  
Normative Standard

As traditionally conceived, the creation of a new rule of customary international law requires that states believe the law to already require the conduct specified in the rule. Distinguishing the process whereby a customary rule comes to exist from the process whereby that customary rule becomes law dissolves this chronological paradox. Creation of a customary rule requires only that states come to believe that there exists a normative standard to which they ought to adhere, not that this standard is law. What makes the customary rule law is adherence by officials in the international legal system to a rule of recognition that treats custom as a source of valid law. Confusion over this distinction arises because in the international legal system the same agents whose beliefs give rise to a customary rule are the legal officials whose adherence to the rule of recognition leads them to deem that rule legally valid. The proposed solution to the chronological paradox employs H.L.A. Hart’s analysis of the concepts of law and a legal system, and in particular, the idea of a rule of recognition. Yet Hart famously denies the existence of a rule of recognition for international law. Hart’s denial rests on a failure to distinguish between the ontological and authoritative resolution functions of a rule of recognition, however. Once such a distinction is drawn, it can be argued that customary international law rests on a rule of recognition that serves the ontological function of making customary norms legal, though not the authoritative resolution function of settling disputes over the alleged legality of particular norms.

International Legal Sanction Processes

2005 ◽  
Author(s):  
Jordan Paust
Keyword(s):  
International Law ◽  
Institutional Settings ◽  
Legal Sanction ◽  
Long Term Consequences ◽  
The Creation

This article views international legal sanction processes as richly varied and dynamic, involving numerous types of participants, with various sanction objectives, operating in both formal and less formal fora or processes, utilizing various types of resources, with varied effects and long-term consequences. It identifies certain areas of debate and suggests a future scholarly agenda. With that in mind, it is evident that increasing attention to the creation, shaping, and efficacy of international law outside such traditional institutional settings should be part of a future scholarly agenda regardless of one's jurisprudential bias. The discussion covers participants in the sanction process, sanction objectives, formal fora, less formal processes, and more specific sanction strategies or problems.

scholarly journals Theoretical and Practical Significance of the Issue of Maritime Delimitation in the Law of the Sea

2017 ◽  
Vol 6 (2) ◽  
pp. 125-129 ◽  
Author(s):  
Bojana Lakićević-Đuranović
Keyword(s):  
International Law ◽  
Practical Significance ◽  
Law Of The Sea ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Creation ◽  
The Law

This paper aims to show the significance of maritime delimitation in the Law of the Sea, as well as the contribution of international jurisprudence to the creation of the rules of maritime delimitation. The decisions of the International Court of Justice (ICJ) and the awards of arbitration tribunals are especially significant in the part of the Law of the Sea dealing with maritime delimitation. Based on the analysis of the principle of equity and the method of equidistance, the jurisprudence of the courts is shown to have established precedents and to have an irreplaceable role in the development of the international Law of the Sea, particularly in the segment of maritime delimitations.

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.

scholarly journals Revisiting the Case of Customary International Tax Law

2021 ◽  
Vol 23 (1) ◽  
pp. 79-103
Author(s):  
Dirk Broekhuijsen ◽  
Irma Mosquera Valderrama
Keyword(s):  
International Law ◽  
International Taxation ◽  
Customary Law ◽  
Tax Law ◽  
Profit Shifting ◽  
Customary International Law ◽  
The Creation ◽  
International Tax

Abstract Customary international tax law has traditionally not received a lot of acclaim in international tax law literature. However, the infrastructure of international tax law is becoming increasingly multilateral. The recent adoption of the Multilateral Instrument and the creation of the Inclusive Framework, two initiatives related to the OECD/G20 Base Erosion and Profit Shifting Project, have accelerated the width of cooperation on international tax matters. For that reason, the authors (re)consider the existence of customary international law in the area of international tax law. They conclude that, perhaps contrary to the intuition of tax lawyers, the evidence in favour of customary international tax law is building up. The question whether customary law exists within the area of international taxation is therefore not misplaced.

scholarly journals Customary International Rules in Contemporary International Law // Međunarodna običajna pravila u savremenom međunarodnom pravu

2019 ◽  
Vol 9 (9) ◽  
pp. 136
Author(s):  
Duško Glodić
Keyword(s):  
International Relations ◽  
International Law ◽  
Legal Framework ◽  
International Community ◽  
Point Of View ◽  
Customary International Law ◽  
Practical Point ◽  
Legal Norms ◽  
State Practice ◽  
The Creation

This article explores the role and importance accorded to customary international law in contemporary international law. First of all, the author has explored a number of issues related to this topic. Particluarly, the manner in which norms of customary international law are being established through the relevant State practice and the formation of opinio juris, as well as how the changes in contemporary international relations generated some chages in custromary international law were examined from both theretical and practical point of view. Than, the article elaborated, in a more concrete manner, different ways of impact of changes in international relations and subjects of international law to the formation of customary international rules. It has also paid attention to the evolution in international law and its reflection to the creation of international legal norms, including customary rules. The article concluded that, despite an ever increasing number of treaties, customary rules are still present in international law and are important for regulation of international relations, thus ensuring that dynamics and developments within the international community are followed by the development of legal framework.

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