Extraterritorial Jurisdiction in the Ancient World

1935 ◽  
Vol 29 (2) ◽  
pp. 237-247 ◽  
Author(s):  
Shalom Kassan
Keyword(s):  
International Law ◽  
The State ◽  
Ancient World ◽  
Independent State ◽  
The People ◽  
Extraterritorial Jurisdiction

It is now an established principle of modern international law, that there exists in every independent State but one body of law. This body of law is administered by all the courts alike over all persons and things within its territorial limits. These courts, within the limits of their respective jurisdictions, do not discriminate between the various inhabitants of the State. The origin, nationality or religion of the people who appear before the courts is not questioned, and is not of any importance.

The Crisis of the Ryukyus (1877–82)

2018 ◽  
Author(s):  
Patrick Sze-lok Leung ◽  
Anthony Carty
Keyword(s):  
International Law ◽  
Colonial Power ◽  
Independent State ◽  
The People ◽  
The Us ◽  
The Status ◽  
Historical Viewpoint

Okinawa is now considered as Japanese territory, without challenge from most world powers. However, this is debatable from a historical viewpoint. The Ryukyu Kingdom which dominated the islands was integrated into Japan in 1879. The transformation is seen by Wang Hui as a process of modernization. This chapter argues the issue from an international law perspective. It shows that Ryukyu was an independent State as demonstrated by the 1854 Ryukyu–US Treaty, although it sent regular tributes to China. The Japanese integration by coercion is not justifiable. The people of Ryukyu were willing to continue being a tributary State rather than part of Japan. Britain, as the greatest colonial power, did not object. China and the US attempted to intervene in this affair, but no treaty has so far been concluded. Therefore, the status of Ryukyu/Okinawa remains unresolved and may need to be revisited, while putting the history context into consideration.

scholarly journals Extraterritorial Jurisdiction: From Theory to International Practices and the Case of Vietnam Law

2020 ◽  
Vol 13 (1) ◽  
pp. 151
Author(s):  
Thi Thu Phuong Tran
Keyword(s):  
International Law ◽  
Legal System ◽  
The State ◽  
Legal Practice ◽  
National Sovereignty ◽  
Long Time ◽  
Extraterritorial Jurisdiction

Extraterritorial jurisdiction is a concept that has been studied and applied for a long time in the legal practice of a number of states. With the evolution of international law, the jurisdiction of each state is established not only on the basis of territorial factor, but also of other factors that represent certain relationship with the state, such as the nationality, the effect of the act on the nation and national sovereignty. These jurisdictions are extraterritorials. However, the grounds for establishing this extraterritorial jurisdiction arouse a lot of debate. The paper analyzes the relationships that make up extraterritorial jurisdiction in accordance with international law and relates to the practice of Vietnam law to clarify the changes of the legal system of Vietnam at present in establishing its jurisdiction over persons and things.

For freedom alone: Secession after the Scottish referendum

2016 ◽  
Vol 44 (1) ◽  
pp. 124-143 ◽  
Author(s):  
Timothy William Waters
Keyword(s):  
International Law ◽  
Currency Union ◽  
Legal Obligation ◽  
Independent State ◽  
Law And Politics ◽  
The People ◽  
The Uk ◽  
Global Law ◽  
Missing Element ◽  
The Eu

In September 2014, the people of Scotland voted on whether or not to become an independent state. The consequences of independence would have been complex –decisions about accession to the EU, currency union, defense. Seemingly less dramatic, yet no less important, are the consequences of Scotland not seceding — the effects in global law and politics of the very fact that the referendum happened, and that it failed. Many elements of the Scottish case find close parallels in claims for secession elsewhere in the world. Yet those claims more often meet less welcoming receptions. Indeed, it is not the attempt to secede, but the existing state's acquiescence that marks this case as different: The UK is the rare country that acknowledges the possibility of its own division. Great Britain's acquiescence both made Scottish secession possible and made it an outlier, whose precedential value must be closely interrogated. The key missing element is any evidence that the process was shaped by a sense of international legal obligation — indeed, the pathways of Scottish secession have been an insular affair, a function of particularly British law and politics, in which international law played little role. This article argues that the Scottish referendum provides little precedent for a changing legal norm — yet also offers a compelling model for how such a new norm ought to look. This article is about something that did not happen, and why it does not matter — but also why precisely that is so important.

scholarly journals The Constitutionalization of International Law After Liberalism

Politeja ◽  
2021 ◽  
Vol 18 (6(75)) ◽  
pp. 5-27
Author(s):  
Piotr Uhma
Keyword(s):  
International Law ◽  
Public Space ◽  
The United States ◽  
The State ◽  
International Level ◽  
Liberal Internationalism ◽  
The Public ◽  
Modest Contribution ◽  
The People ◽  
The Usa

Many political changes that have taken place across the world in the last decade have been connected with the spill-over of a new narrative in the public dimension. Among other things, this narrative has emphasized returning control over the public space to the people once again, revitalization of the democratic community, restraint on an expansion of judicial power over representational politics, and in many instances, a specific national approach to the questions of governance. These trends have gained the name “illiberal democracy”, a description which Viktor Orban introduced into the language of political practice a few years later. Indeed, in many countries worldwide, from the United States of America (USA) during the presidency of Donald Trump, Central and Eastern Europe, to Turkey and Venezuela, it has been possible to observe changes which had the principal leitmotif to negate liberal democracy as the only possibility of organizing public space within the state. These trends are continuing, and there are no signs of them disappearing in the near future. The new dispensation in the USA under President Biden also does not guarantee an immediate return to the liberal internationalism of the 1990s. Political changes directed toward the constitutional space of the State have inspired researchers to consider the issues of new constitutionalism, new forms of democracy, and the rule of law beyond liberalism. This article is an attempt to transfer these considerations to the international level. The text aims to consider whether withdrawal from the liberal doctrine could also be observed on an international level and what these facts could mean for the intellectual project of constitutionalization of international law. Building upon reflections on constitutionalism and constitutionalization of international law, this text presents what has up until now been the mainstream understanding of international law as a liberal construct. This showcases the illiberal turn observed among certain countries as exemplified by the anti-liberal and realist language of their constitutional representatives. In this respect, this analysis is a modest contribution to the so far nascent field of sociology of international law. However, the main endeavor of this article is to unchain the notions of international liberalism and constitutionalization of international law as being popularly understood as two sides of the same coin. Consequently, the idea of political constitutionalism of international law is introduced. Seeing things from this perspective, this text focuses on the material rather than formal aspects of international law's constitutionalization. Within the stream of so called thick constitutionalism, there are a few elements listed with which the discussion about international law may continue to engage, if this law is to be considered as legitimate not only formally, but also substantially.

scholarly journals THE ISSUES OF STATE INDEPENDENCE IN THE COMMENTS OF THINKERS

2019 ◽  
Vol 3 (4) ◽  
pp. 253-257
Author(s):  
Mavluda Zulkandar kizi Ergasheva ◽  
Keyword(s):  
The State ◽  
Independent State ◽  
The People ◽  
Colonial Oppression

The article is devoted to the analysis of views of enlightened thinkers on the state independence. At the beginning of the XX century, against the colonial oppression, the rule of the tyrannical system, encouraged the people to freedom and freedom, fought for the freedom of Motherland and national independence, the enlightened thinkers who died on this path have the irreplaceable civil courage and the restoration of the national independent state, mutual unity and cooperation, rich teachings on the need, legal democracy is as important in the realization of the noble goal as the construction of a state

TERRITORIAL INTEGRITY OF STATES ON THE GEOPOLITICAL, INTERNATIONAL AND LEGAL DIMENSIONS

Moldoscopie ◽  
2021 ◽  
pp. 24-33
Author(s):  
Alexander Kurtskhalia ◽  
◽  
◽  
Keyword(s):  
International Law ◽  
The State ◽  
Political Regime ◽  
State Structure ◽  
Territorial Integrity ◽  
The People ◽  
Scientific Approach ◽  
The Way

Regardless of the form of state structure, government or political regime, states remain legally equal, having the same rights as subjects of international law relations. Taking into account the analysis that was carried out in the present scientific approach, we emphasize that the state structure adopted by each nation can determine and influence the way of exercising sovereignty. It can determine the surrender of some attributes of sovereignty or it can limit the sovereignty to a degree that it would not affect the interests of the state and the people. The integration of the state in international or regional structures does not cancel its sovereign character. In modern conditions, the notion of the principle of territorial integrity is unquestionable which is true and fixed in the Constitutions of most states.

ISSUES OF CONTINUITY AND A NEW COURSE IN UZBEKISTAN’S POLITICAL PROCESS

2020 ◽  
Vol 21 (4) ◽  
pp. 052-059
Author(s):  
Usmon Butaev
Keyword(s):  
Transition Period ◽  
Political Process ◽  
The State ◽  
Soviet Regime ◽  
Independent State ◽  
The People

This article analyzes the problem of continuity and the new course in the policy of the second president of Uzbekistan, Shavkat Mirziyoyev. It demonstrates that the new course is certainly not a problem-free political process. Continuity and the new course entail dialectical issues, i.e., what should be adopted from the previous regime, what should be rejected, and what new proposals can be made. President Karimov had faced this question during the transition from the Soviet regime to an independent state. President Mirziyoyev encountered this challenge in an entirely different situation: the transition period is nearing completion and the new course is being determined. The complexity and somewhat contradictory nature of the formation and implementation of the new course is associated with a number of internal and external circumstances. Ultimately, the content and success of the new course will depend on the transformation of the type of the state itself and the mentality of the people.

scholarly journals The Agrarian Law Policy in the Control of Residence by Expatriates in Indonesia

Notaire ◽  
2020 ◽  
Vol 3 (1) ◽  
pp. 27
Author(s):  
Corina Ealen Meilan Danu ◽  
Ketut Ketut Briliawati Permanasari ◽  
Wilujeng Wilujeng Jauharnani ◽  
Ria Ria Yunita Sari
Keyword(s):  
Property Rights ◽  
Natural Resources ◽  
International Law ◽  
The State ◽  
The Other ◽  
State Responsibility ◽  
Place Of Residence ◽  
The People ◽  
The Republic ◽  
The Right

The state has the right to control the land, waters and natural resources contained therein to achieve the greatest benefit of the people. According to the provisions of Article 9 paragraph (1) and Article 26 paragraph (2) of the Law of the Republic of Indonesia Number 5 of 1960 concerning Basic Regulations on Agrarian Principles, property rights may only be owned by Indonesian citizens. Based on these conditions, expatriates cannot have a residence in Indonesia. On the other hand, Indonesia as a subject of international law has the responsibility in protecting the right of expatriates to dominate residence in Indonesia. In this study, the state responsibility for the provision of residence for foreigners and the regulations that provide space for expatriates in the mastery of residence in Indonesia will be discussed. In international law, there are principles of state responsibility. This principle mandates that the state guarantees protection of foreigners, including the place of residence for foreigners. The development of regulations in Indonesia provides a solution to the control of residence by expatriates. The legal solution offered is the control of residence with a tenancy agreement between expatriates and homeowners who are Indonesian citizens or by using the right of use. The right of use a residence given to the expatriates is in the form of a single house and apartment units that are limited by the price and area of land in accordance with the applicable regulations.

scholarly journals Legal immunities of «color revolutions»

2016 ◽  
Vol 3 (1) ◽  
pp. 32-36
Author(s):  
A G Lisitsyn-Svetlanov
Keyword(s):  
Human Rights ◽  
International Law ◽  
The State ◽  
Sovereign State ◽  
National Regulation ◽  
Legal Principles ◽  
External Threats ◽  
The People ◽  
Color Revolutions ◽  
International Instruments

In the XX century developed recognized with mandatory nature of international legal principles designed to protect the state and the people from external threats. The effect of these principles related to the problem of human rights that are guaranteed by several international conventions. Proclaimed in international instruments of human rights are based on the understanding of universal humanism. European understanding of human rights could claim leadership, but the events of recent decades suggest that the West European approach does not become a model for the rest of the world. The peoples will inevitably put in this concept the content of which reflects the peculiarities of national traditions, as well as more general civilizational identity. The practice indicates that the thesis of human rights violations is often used as a pretext for interference in the affairs of sovereign states, the method of intervention are the «color revolutions». Declarative support for democracy becomes a violation of the basic principles of international law of noninterference in the internal affairs of a sovereign state, the principle of sovereign equality of States, etc. The autonomous status of Russia objectively gives rise to the problem of building its relations with other states. It is necessary to strengthen the national legal system as the guarantor of national sovereignty, ensure its interaction with international law and foreign legal systems. It seems appropriate to highlight those areas of national regulation, which are able to enhance the immunity of the state to export a «color revolution».

The Open Society and the Democracy to Come: Bergson, Deleuze and Guattari

2016 ◽  
Vol 10 (3) ◽  
pp. 352-366 ◽  
Author(s):  
Bruce Baugh
Keyword(s):  
Political Philosophy ◽  
The State ◽  
Open Society ◽  
Minor Literature ◽  
Deleuze And Guattari ◽  
The People ◽  
To Come ◽  
Polar Opposite ◽  
A Minor ◽  
Gain Access

In Bergsonism, Deleuze refers to Bergson's concept of an ‘open society’, which would be a ‘society of creators’ who gain access to the ‘open creative totality’ through acting and creating. Deleuze and Guattari's political philosophy is oriented toward the goal of such an open society. This would be a democracy, but not in the sense of the rule of the actually existing people, but the rule of ‘the people to come,’ for in the actually existing situation, such a people is ‘lacking’. When the people becomes a society of creators, the result is a society open to the future, creativity and the new. Their openness and creative freedom is the polar opposite of the conformism and ‘herd mentality’ condemned by Deleuze and Nietzsche, a mentality which is the basis of all narrow nationalisms (of ethnicity, race, religion and creed). It is the freedom of creating and commanding, not the Kantian freedom to obey Reason and the State. This paper uses Bergson's The Two Sources of Morality and Religion, and Deleuze and Guattari's Kafka: For a Minor Literature, A Thousand Plateaus and What is Philosophy? to sketch Deleuze and Guattari's conception of the open society and of a democracy that remains ‘to come’.

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