The International Protection of Refugees

1954 ◽  
Vol 48 (2) ◽  
pp. 193-221 ◽  
Author(s):  
Paul Weis
Keyword(s):  
International Law ◽  
Specific Group ◽  
International Protection ◽  
The Subject ◽  
The Individual ◽  
Traditional Doctrine

The rôle of the individual in international law has for some time past been the subject of searching analysis by distinguished theorists. Recently the traditional doctrine that individuals are its objects only has been forcefully attacked by Professor Lauterpacht. It is intended to describe in this article certain developments on the international plane which affect the position of a specific group of individuals, the refugees.

Global prohibition regimes: the evolution of norms in international society

1990 ◽  
Vol 44 (4) ◽  
pp. 479-526 ◽  
Author(s):  
Ethan A. Nadelmann
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
International Society ◽  
Animal Species ◽  
Emotional Factors ◽  
The Face ◽  
The Subject ◽  
The Individual ◽  
Prohibition Regimes

The dynamics by which norms emerge and spread in international society have been the subject of strikingly little study. This article focuses on norms that prohibit, both in international law and in the domestic criminal laws of states, the involvement of state and nonstate actors in activities such as piracy, slavery, counterfeiting, drug trafficking, the hijacking of aircraft, and the killing of endangered animal species. It analyzes the manner in which these norms have evolved into and been institutionalized by global prohibition regimes and argues that there are two principal inducements to the formation and promotion of such regimes. The first is the inadequacy of unilateral and bilateral law enforcement measures in the face of criminal activities that transcend national borders. The second is the role of moral and emotional factors related to neither political nor economic advantage but instead involving religious beliefs, humanitarian sentiments, fears, prejudices, paternalism, faith in universalism, the individual conscience, and the compulsion to proselytize. The ultimate success or failure of an international regime in effectively suppressing a particular activity depends, however, not only on the degree of commitment to its norms or the extent of resources devoted to carrying out its goals but also on the vulnerability of the activity to its enforcement measures.

The International Legal Personality of the Individual

2018 ◽  
Author(s):  
Astrid Kjeldgaard-Pedersen
Keyword(s):  
International Law ◽  
Legal Rights ◽  
Legal Personality ◽  
Legal Norms ◽  
State Of Affairs ◽  
The Individual ◽  
International Legal Personality ◽  
The Relationship ◽  
Second World

This book scrutinizes the relationship between the concept of international legal personality as a theoretical construct and the position of the individual as a matter of positive international law. By testing four main theoretical conceptions of international legal personality against historical and existing international legal norms that govern individuals, the book argues that the common narrative about the development of the role of the individual in international law is flawed. Contrary to conventional wisdom, international law did not apply to States alone until the Second World War, only to transform during the second half of the twentieth century to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is—and always was—solely contingent upon the interpretation of international legal norms. It follows, of course, that the entities governed by a particular norm tell us nothing about the legal system to which that norm belongs. Instead, the distinction between international and national legal norms turns exclusively on the nature of their respective sources. Against the background of these insights, the book shows how present-day international lawyers continue to allow an idea, which was never more than a scholarly invention of the nineteenth century, to influence the interpretation and application of contemporary international law. This state of affairs has significant real-world ramifications as international legal rights and obligations of individuals (and other non-State entities) are frequently applied more restrictively than interpretation without presumptions regarding ‘personality’ would merit.

An International Relations Perspective on the Reform Needs of the Human Rights Council

2021 ◽  
Vol 62 (1) ◽  
pp. 43-80
Author(s):  
Wolfgang S. Heinz
Keyword(s):  
Human Rights ◽  
International Relations ◽  
International Law ◽  
Structure And Dynamics ◽  
Human Rights Council ◽  
Local Actors ◽  
Protection Of Human Rights ◽  
The Subject

Abstract: This article approaches the matter of institutional reform of the United Nations Human Rights Council from an international relations perspective. A well-known tension exists between State representatives acting for their governments in international organisations, but whose decisions are presented as UN policies. The latter should be guided primarily by the UN Charter and public international law. However, in reality, different worldviews and foreign policy considerations play a more significant role. In a comprehensive stock-take, the article looks at four major dimensions of the Council, starting with structure and dynamics and major trends, followed by its country and thematic activities, and the role of key actors. Council reform proposals from both States and civil society are explored. Whilst the intergovernmental body remains the most important authority responsible for the protection of human rights in the international sphere, it has also been the subject of considerable criticism. Although it has made considerable progress towards enlarging its coverage and taking on more challenging human rights crises, among some of its major weaknesses are the election of human rights-unfriendly countries into its ranks, the failure to apply stronger sanctions on large, politically influential countries in the South and North, and lack of influence on human rights crises and chronic human rights problems in certain countries. Whilst various reform proposals have emerged from States and NGOs, other more far reaching propositions are under sometimes difficult negotiations. In the mid- to long-term, the UN human rights machinery can only have a stronger and more lasting impact if support from national/local actors and coalitions in politics and society can be strengthened.

PRESIDENT'S MESSAGE

PEDIATRICS ◽  
1962 ◽  
Vol 30 (1) ◽  
pp. 157-158
Author(s):  
Carl C. Fischer
Keyword(s):  
Whooping Cough ◽  
American People ◽  
Practice Of Medicine ◽  
The Subject ◽  
The Government ◽  
The Individual ◽  
The Cost ◽  
Federal Assistance ◽  
Children Under 5

REGARDLESS of how we, as individual physicians, may feel about the role of the federal government in the individual practice of medicine, the time has long since passed when we can afford the luxury of ignoring it. In past years the influence of the government on medicine has been mostly in general areas and perhaps least of all in that of pediatrics; but under the present administration there has been a decided change. For this reason it seems necessary to me to call to the attention of all Fellows of the Academy the particular items in President Kennedy's message of February 26, 1962, which relate specifically to the practice of Pediatrics. These may be considered to be three in number: The first of these dealt with the subject of immunization. On this topic President Kennedy said: I am asking the American people to join in a nationwide vaccination program to stamp out these four diseases (whooping cough, diphtheria, tetanus, and poliomyelitis) encouraging all communities to immunize both children and adults, keep them immunized and plan for the routine immunization of children yet to be born. To assist the states and local communities in this effort over the next 3 years, I am proposing legislation authorizing a program of federal assistance. This program would cover the full cost of vaccines for all children under 5 years of age. It would also assist in meeting the cost of organizing the vaccination drives begun during this period, and the cost of extra personnel needed for certain special tasks.

scholarly journals If Germany Came to New Zealand

1999 ◽  
Vol 30 (2) ◽  
pp. 489
Author(s):  
John Salmond
Keyword(s):  
New Zealand ◽  
International Law ◽  
International Treaties ◽  
Inaugural Address ◽  
The Future ◽  
The Subject ◽  
College Now ◽  
Modern Warfare

This article is a report from the New Zealand Mail, 1 August 1906, which covered Professor John Salmond's inaugural address as the chair of law at Victoria College (now Victoria University of Wellington). Professor Salmond dealt with the subject of international law with regards to the conditions of modern warfare. He discusses important international treaties, the role of the civil population, and what would happen if war came to New Zealand. Professor Salmond concludes that a key player in resolving international disputes was arbitration, which he believed was full of hope and promise for the future. 

Mediating Structures and Constitutional Liberty

Worldview ◽  
1978 ◽  
Vol 21 (9) ◽  
pp. 41-46
Author(s):  
William Bentley Ball
Keyword(s):  
Voluntary Association ◽  
American Enterprise Institute ◽  
American Constitution ◽  
Peter Berger ◽  
Ethnic Subgroups ◽  
The Subject ◽  
The Individual ◽  
The City ◽  
Mediating Structures

There are those of us whose job seems always to be immediate problem-solving. We are like people frantically busy piling up rocks with the fleeting notion that perhaps they are building something. To Empower People: The Role of Mediating Structures in Public Policy by Peter Berger and Richard Neuhaus (American Enterprise Institute, 1977) offers a portrait in which resemblances can be seen between the haphazard rock pile and the city of good “mediating structures” there portrayed.Approaching the subject as a lawyer, the question at once comes to mind: Do we need mediating structures (family, church, voluntary association, neighborhood, racial and ethnic subgroups) in a society governed by the American Constitution? If the “mediating structures“ are thought to be necessary to protect the individual from the state, is that not precisely the function of the Constitution?

scholarly journals Exploring the Role of Dermatoglyphics in Learning- A Case Study

2015 ◽  
Vol 2 (3) ◽  
pp. 301-303
Author(s):  
Charu Dhankar
Keyword(s):  
Multiple Intelligence ◽  
Individual Development ◽  
The Subject ◽  
The Individual ◽  
Methods Of Learning ◽  
Present Case Study ◽  
Insight Into ◽  
Acquisition Method

The nature nurture issue has been an important debate in all aspects of the individual development. According to Jensen’s heritability ratio, hereditary has an impeccable influence in the development process. Based on these, dermatoglyphics has been used in the present case study in order to observe the innate potential of an individual, to give parents an insight into their child’s hidden potential and to groom them effectively. The present case study is confined to the acquiring methods and unique quotients of the subject. The findings of the study revealed the unique quotients of the subject and the best suitable acquisition method for the subject.  Aim/Purpose: To test the methods of learning and unique quotients of the subject with the help of Dermatoglyphics Multiple Intelligence Test DMIT.  Int. J. Soc. Sci. Manage. Vol-2, issue-3: 301-303 DOI: http://dx.doi.org/10.3126/ijssm.v2i3.12651 

«Quanta» Language Consciousness and Problems in the Functioning of the Communicative Norms

2019 ◽  
Vol 8 (1) ◽  
pp. 26-30
Author(s):  
Татьяна Черкашина ◽  
Tatiana Cherkashina ◽  
Н. Новикова ◽  
N. Novikova ◽  
О. Трубина ◽  
...  
Keyword(s):  
Cognitive Abilities ◽  
Point Of View ◽  
Cultural Phenomenon ◽  
Globalizing World ◽  
The World ◽  
The Subject ◽  
The Individual ◽  
The Impact ◽  
The Relationship

The article considers the conceptualization of the world from the point of view of its methodological paradigm assessment in the context of the globalizing world. A retrospective analysis of the relationship between language and human speech activity is given. The authors explain the role of language as a socio-cultural phenomenon in the formation of worldview systems that develop in the consciousness with the help of minimal units of human experience in their ideal meaningful representation in special concepts, which allows the individual to think within the boundaries of a certain linguistic picture of the world. Analyzes the problems of the functioning of communicative norms with regard to the hierarchy of the spiritual representations of the world. The article attempts to consider the impact of the “blurring” of the information boundaries of the globalizing world on the cognitive abilities of the individual in the nomination, qualification of the subject, phenomenon, process.

History of the Historiography of Spanish Textbooks and Treatises on International Law of the 19th Century

2013 ◽  
Vol 17 (1) ◽  
pp. 1-22
Author(s):  
Yolanda Gamarra Chopo
Keyword(s):  
Nineteenth Century ◽  
Sixteenth Century ◽  
International Law ◽  
Late Development ◽  
Spanish History ◽  
Principal Axes ◽  
History Of ◽  
The Subject ◽  
The 19Th Century

The bibliography of Spanish international law textbooks is a good indicator of the evolution of the historiography of international law. Spanish historiography, with its own special features, was a recipient of the great debates concerning naturalism v. positivism and universalism v. particularism that flourished in European and American historiography in the nineteenth century. This study is articulated on four principal axes. The first states how the writings of the philosophes continued to dominate the way in which the subject was conceived in mid-nineteenth century Spain. Secondly, it explores the popularization and democratization of international law through the work of Concepcion Arenal and the heterodox thought of Rafael Maria de Labra. Thirdly, it examines the first textbooks of international law with their distinct natural law bias, but imbued with certain positivist elements. These textbooks trawled sixteenth century Spanish history, searching for the origins of international law and thus demonstrating the historical civilizing role of Spain, particularly in America. Fourthly, it considers the vision of institutionist, heterodox reformers and bourgeois liberals who proclaimed the universality of international law, not without some degree of ambivalence, and their defence of Spain as the object of civilization and also a civilizing subject. In conclusion, the article argues that the late development of textbooks was a consequence of the late institutionalization of the study of international law during the last decade of the nineteenth century. Nevertheless, the legacy of the nineteenth century survives in the most progressive of contemporary polemics for a new international law.

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