The Sanction of International Law

1920 ◽  
Vol 14 (1-2) ◽  
pp. 26-37 ◽  
Author(s):  
Ronald F. Roxburgh
Keyword(s):  
International Law ◽  
The Past ◽  
External Power ◽  
The Subject ◽  
The Law ◽  
Definition Of ◽  
Large Sections ◽  
Do So

Every satisfactory definition of law implies a sanction. Some penalty must be imposed upon a law-breaker, to be exacted, in the last resort, by external power. Force, therefore, is vital to law as it is to war, though normally it plays a less obvious part. A felon who is brought up for trial, condemned, and sent to prison, is induced by force, or by the fear of force, to submit to the court and to punishment. The policeman and the warder are the instruments of external power by which he is constrained to obey.Force also supplies the most important incentive for securing obedience to law. It is true, as Maine pointed out, that for every man who keeps the law through conscious fear of punishment, there may be hundreds who do so as it were instinctively, and without a thought on the subject. But while this law-abiding spirit, which is characteristic of large sections of a modern community, owes its origin to a number of causes, perhaps the most potent of all has been the enforcement of law through long ages in the past.

scholarly journals Good offices: grasping the place of law in conflict

Legal Studies ◽  
2014 ◽  
Vol 34 (3) ◽  
pp. 469-496 ◽  
Author(s):  
Aoife O'Donoghue
Keyword(s):  
International Law ◽  
Past Century ◽  
Legal Analysis ◽  
International Organisations ◽  
The Past ◽  
The Pacific ◽  
The Subject ◽  
Definition Of ◽  
Settlement Of Disputes ◽  
Violent Conflicts

In the pantheon of approaches open to participants in the pacific settlement of disputes, good offices holds a noteworthy place. The evolution of good offices over the past century is concurrent with a trend of considerable transformation within international law, including – amongst other changes – a move away from a state-led legal order, including in good offices following the emergence of the heads of international organisations as its prime users, and a process of legalisation and specialisation within the subject that has entirely altered its character. These changes have led to a redefinition of good offices that stresses the actor carrying out the role above the form that it takes. To accompany these changes in practice, there is a need for a transformation in the legal analysis and definition of good offices. One potential option in achieving this end is Bell'slex pacificatoria. If good offices is to continue to play a significant role in the settlement of violent conflicts, a fully developed legal analysis is necessary to grasp both its historical development and its potential future role.

The Law of International Organizations: A Subject which needs Exploration and Analysis

2004 ◽  
Vol 1 (1) ◽  
pp. 9-21
Author(s):  
Keyword(s):  
International Relations ◽  
International Law ◽  
20Th Century ◽  
International Organizations ◽  
Directed Attention ◽  
The Past ◽  
Specific Category ◽  
The World ◽  
The Subject ◽  
The Law

AbstractThe law of international organizations, including the institutional law, has been somewhat neglected in the past, even though, or perhaps because, international organizations are creations largely of the 20th century. In my treatise on Principles of the Institutional Law of International Organizations, first published in late 1996 and going now, at the request of the publisher, into a second edition, I directed attention, perhaps in a seminal way, to this institutional law, its importance and its qualification to be considered a specific category not only of general international law but also of international organizational law. In my view there is ample room for further thorough study of various aspects particularly of this law without neglecting the functional international law of international organizations. Apart from principle, their application or non-application in practice may usefully be studied. This by itself justifies a law journal devoted to the subject of international organizational law in general. Moreover, the justification is further reinforced by the fact that now international organizations have become a feature of everyday life in the world. Here, at the risk of repeating what I have said in my book referred to above, because such repetition can only emphasize the importance of the subject matter, I shall concentrate on four aspects which are relevant to international organizational law, to its importance as a part of international law and to its influence on international relations: (i) the pervasiveness of international organizations; (ii) the concept of international institutional law; (iii) its nature; and (iv) its sources.

scholarly journals E se o ativismo chegar às Cortes Supranacionais? / What if activism comes to Supranational Courts?

2019 ◽  
Vol 47 (1) ◽  
pp. 225-251
Author(s):  
Marina De Almeida Rosa ◽  
Augusto Carlos De Menezes Beber
Keyword(s):  
International Law ◽  
Court Decisions ◽  
Judicial Decision ◽  
Public International Law ◽  
International Courts ◽  
International Jurisdiction ◽  
International Court ◽  
The Law ◽  
Definition Of ◽  
Do So

O presente artigo tem como objetivo estudar as possibilidades de uma teoria da decisão judicial no âmbito das cortes internacionais. Para tanto, o trabalho questiona em que medida seria possível aplicar a Crítica Hermenêutica do Direito às decisões proferidas pelos tribunais tomando como base para exame o recente julgamento da Corte Interamericana no caso Lagos del Campo vs. Perú.  A partir da teoria de Lenio Streck, observou-se que a jurisdição internacional tem se aproximado de um ativismo judicial, o que se evidenciou a partir do caso estudado, mostrando-se, assim, relevante a instituição de um paradigma que permita o constrangimento epistemológico das decisões das cortes internacionais. Com isso, concluiu-se que, a partir da Crítica Hermenêutica do Direito, mesmo em termos de Direito Internacional Público, não é qualquer decisão que pode ser tomada, dado que a definição da norma jurídica não está disposta ao alvedrio do julgador.   Abstract: This article aims to study the possibilities of a theory of judicial decision in the scope of international courts. In order to do so, the work questions the extent to which it would be possible to apply the Hermeneutic Critic of the Law to the judgments given by the courts based on the recent judgment of the Inter-American Court in Lagos del Campo v. Peru. From the theory of Lenio Streck, it was observed that the international jurisdiction has approached a judicial activism, which was evidenced from the case studied, showing, therefore, relevant the institution of a paradigm that allows the epistemological constraint of international court decisions. With this, it was concluded that, based on the Hermeutic Critic of the Law, even in terms of Public International Law, it is not any decision that can be taken, since the definition of the legal norm is not available to the alder of the judge.

Pakistan’s Development: Successes, Failures, and Future Tasks (Presidential Remarks)

1997 ◽  
Vol 36 (4I) ◽  
pp. 321-331
Author(s):  
Sarfraz Khan Qureshi
Keyword(s):  
Indian Subcontinent ◽  
General Meeting ◽  
The Past ◽  
Past Half Century ◽  
The Social ◽  
The Subject ◽  
Golden Jubilee ◽  
Freedom Movement ◽  
Past Half ◽  
Do So

It is an honour for me as President of the Pakistan Society of Development Economists to welcome you to the 13th Annual General Meeting and Conference of the Society. I consider it a great privilege to do so as this Meeting coincides with the Golden Jubilee celebrations of the state of Pakistan, a state which emerged on the map of the postwar world as a result of the Muslim freedom movement in the Indian Subcontinent. Fifty years to the date, we have been jubilant about it, and both as citizens of Pakistan and professionals in the social sciences we have also been thoughtful about it. We are trying to see what development has meant in Pakistan in the past half century. As there are so many dimensions that the subject has now come to have since its rather simplistic beginnings, we thought the Golden Jubilee of Pakistan to be an appropriate occasion for such stock-taking.

Case Analysis: The Gabčíkovo-Nagymaros Case: The Law of Treaties

1998 ◽  
Vol 11 (2) ◽  
pp. 321-344 ◽  
Author(s):  
Malgosia Fitzmaurice
Keyword(s):  
International Law ◽  
Legal Status ◽  
Case Analysis ◽  
Vienna Convention ◽  
Fundamental Change ◽  
Unilateral Termination ◽  
The Subject ◽  
The Law ◽  
International Law Commission ◽  
Law Commission

The subject-matter of this article are the issues of treaty law as expounded in the Judgment in the Gabčíkovo-Nagymaros case. The following problems are discussed: unilateral suspension and abandonment of obligations deriving from the binding treaty; the principle of fundamental change of circumstances; unilateral termination of a treaty; applicability of the 1969 Vienna Convention on the Law of Treaties in this case; legal status of so-called ‘provisional solution’; impossibility of performance and material breach of treaty; the application of the principle of ‘approximate application’; and the principle pacta sunt servanda. The issues arc discussed at the background of the Drafts of the International Law Commission.

New code for the protection of civilian population and property during armed conflict

1980 ◽  
Vol 20 (219) ◽  
pp. 287-315 ◽  
Author(s):  
Ionel Gloşcă
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
International Treaties ◽  
Civilian Population ◽  
State Activity ◽  
The Holocaust ◽  
Definition Of ◽  
Do So

One of the principles underlying international law applicable in armed conflicts is that no act of war is permitted against the civilian population, consisting, by definition, of persons who take no part in the hostilities.Until the holocaust of 1939–45, international law gave practically no real protection to the civilian population in the event of war, and was not even intended to do so since up to that time war was considered to be a State activity from which civilians remained aloof. There were, nonetheless, general principles and rules in various international treaties which, in one way or another, related also to the civilian population.

The Law of International Criminal Procedure and Domestic War Crimes Trials

2006 ◽  
Vol 6 (4) ◽  
pp. 605-635 ◽  
Author(s):  
Göran Sluiter
Keyword(s):  
International Law ◽  
International Criminal ◽  
Criminal Procedure ◽  
War Crimes ◽  
Specific Context ◽  
National Courts ◽  
International Criminal Tribunals ◽  
War Crimes Trials ◽  
The Law ◽  
Do So

AbstractThis article deals with the question of possible effect of the law of international criminal procedure for domestic war crimes trials. With the increasing number of national prosecutions for war crimes this question will gain in relevance.The article starts with an exploration of the origin and development of the law of international criminal procedure, to reach the conclusion that because of the lack of a strong foundation it is difficult to discern firmly established rules in this field. Next, two areas are examined where the law of international criminal procedure is capable of producing effect for national trials: human rights and rules that have developed in the specific context of war crimes prosecutions.Whether rules of international criminal procedure are formally effective in the domestic legal order remains to be seen. There is no clear obligation under international law to do so. Furthermore, the law of international criminal procedure may be difficult to harmonise with domestic inquisitorial systems.In spite of these difficulties, the article concludes that national courts will increasingly face similar procedural problems in complex war crimes trials as international criminal tribunals and will be happy to learn from their experiences.

Toxæmia in the Etiology of Mental Disease. a Discussion opened

1902 ◽  
Vol 48 (202) ◽  
pp. 434-450 ◽  
Author(s):  
T. S. Clouston
Keyword(s):  
Nerve Cell ◽  
General Trend ◽  
Mental Disease ◽  
The Other ◽  
British Association ◽  
Younger Men ◽  
Full Knowledge ◽  
The Subject ◽  
Definition Of ◽  
Do So

Dr. Clouston said that when he suggested toxæmia to the secretary as a suitable subject for a discussion at this meeting he had not intended to be the first speaker, because his object was to bring out more fully the views of the younger members who had recently committed themselves so strongly to the toxæmic and bacterial etiology of insanity, and so to get light thrown on some of the difficulties which he and others had felt in applying this theory to many of their cases in practice. It was not that he did not believe in the toxic theory as explaining the onset of many cases, or that he under-rated its importance, but that he could not see how it applied so universally or generally as some of the modern pathological school were now inclined to insist on. He knew that it was difficult for those of the older psychological and clinical school to approach the subject with that full knowledge of recent bacteriological and pathological doctrine which the younger men possessed, or to breathe that all-pervading pathological atmosphere which they seemed to inhale. He desired to conduct this discussion in an absolutely non-controversial and purely scientific spirit. To do so he thought it best to put his facts, objections, and difficulties in a series of propositions which could be answered and explained by the other side. He thought it important to define toxæmia, but should be willing to accept Dr. Ford Robertson's definition of toxines, viz., “Substances which are taken up by the (cortical nerve) cell and then disorder its metabolism.” He took the following extracts from his address at the Cheltenham meeting of the British Association (1) as representing Dr. Ford Robertson's views and the general trend of much investigation and hypothesis on the Continent.

scholarly journals O novo paradigma da decisão a partir do art. 20 da LINDB: análise do dispositivo segundo as teorias de Richard Posner e Neil MacCormick

2019 ◽  
Vol 278 (3) ◽  
pp. 113
Author(s):  
Francisco Sérgio Maia Alves
Keyword(s):  
Legal Practice ◽  
New Paradigm ◽  
The Law ◽  
Definition Of ◽  
Do So

<p>The new paradigm of decision based on art. 20 of the LINDB: analysis of the text according to the theories of Richard Posner and Neil MacCormick</p><p> </p><p>O presente trabalho visa analisar o art. 20 da Lei de Introdução às Normas do Direito Brasileiro (LINDB), introduzido pela Lei nº 13.655/2018. Para tanto, será mostrado como os valores jurídicos foram excluídos e novamente reintroduzidos na prática jurídica e como essa reintrodução gerou preocupações quanto ao aumento da discricionariedade da aplicação do direito. O artigo apresentará as teorias pragmática e consequencialista, segundo a doutrina de dois de seus principais expoentes, Richard Posner e Neil MacCormick. No afã de cumprir o objetivo central do artigo, serão delimitados os conceitos de valores jurídicos abstratos e consequências práticas da decisão, no contexto do art. 20 da LINDB, e, por fim, definido o espaço de aplicação do dispositivo.</p><p> </p><p>This work aims to analyze art. 20 of the Law of Introduction to the Rules of Brazilian Law (LINDB), or Law No. 13.655/2018. To do so, it will be shown how legal values were excluded and reintroduced in legal practice and how this reintroduction raised concerns regarding the increase of discretion in the application of the law. The article will present pragmatic and consequentialist theories, in line with the doctrine of two of its main exponents, Richard Posner and Neil MacCormick. In order to meet the key objective of the article, the concepts of abstract legal values and practical consequences of the decision will be described in the context of art. 20 of the LINDB, concluding with a definition of the area in which the law is applied.</p>

scholarly journals Tax Sanctions as the Institutions Conditioning Efficiency of Collecting Tax Information – Limits of Legal Regulations

2020 ◽  
Vol 29 (4) ◽  
pp. 189
Author(s):  
Paweł Majka
Keyword(s):  
International Law ◽  
Degree Of Saturation ◽  
Tax Law ◽  
Legal Regulations ◽  
Legal Norms ◽  
The Subject ◽  
The Law ◽  
Principle Of Proportionality

<p>The subject of the study is to outline the boundaries within the legislator may sanction the obligations to provide information to tax authorities using tax sanctions. The author analyzes tax sanctions as instruments guaranteeing the effectiveness of legal norms related to information obligations in the light of the protection of the taxpayer’s rights. In the author’s opinion, there is a clear outline of the possible shape of the sanction, which limits the legislator in excessive interference with the rights of taxpayers. These limits, both in national and international law, are determined primarily by the principle of proportionality, which is decisive for the degree of discomfort associated with the application of sanctions. It should be indicated that the shape limits of these sanctions, characterized in this study, guarantee, in turn, the protection of the rights of these entities. At the same time, it should be emphasized that tax sanctions are, in principle, a complementary element of the system of the guarantees of the law effectiveness and the legislator deciding on their wider use should properly balance the degree of “saturation” of tax law with sanctions taking into account its nature.</p>

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