Journal articles on the topic 'Peaceful treaties'
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1
Popova, O. A. "International Legal Regulation of the Use of Outer Space for Peaceful Purposes: Basic Concepts." Actual Problems of Russian Law 15, no. 7 (August 7, 2020): 129–44. http://dx.doi.org/10.17803/1994-1471.2020.116.7.129-144.
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The paper examines the problem of the militarization of outer space, the relevance of which has significantly increased in recent years in connection with the termination of a number of important international treaties in the field of arms reduction. The problem is aggravated by the absence of a complete ban on the placement of weapons in outer space in international treaties. The paper analyzes the norms of international space law, the norms of the 1959 Antarctic Treaty, doctrinal approaches to determining the use of outer space for peaceful purposes. The author concludes that the terms “peaceful use” and “use exclusively for peaceful purposes” in relation to outer space have different meaningful boundaries: the first reflects an interest in peaceful uses (non-military) without establishing a complete ban on the use of outer space for military purposes, the second excludes any purpose other than peaceful. In order to exclude the use of outer space for military purposes the author proposes to use the second term. The use of military means for peaceful purposes is permitted in international law; therefore, it is proposed to establish the legal limits of such use in outer space, clearly defining the prohibited activities. The author notes that at present the principle of the use of outer space for peaceful purposes is a guideline reflecting the desire of the international community to prevent the use of outer space for military purposes.
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Mehfooz, Musferah. "Safeguarding Places of Worship during the Prophetic Era: Assessment of Early Islamic Covenants and Their Impacts on Early Muslim Polities." Religions 13, no. 9 (August 30, 2022): 799. http://dx.doi.org/10.3390/rel13090799.
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Treaties and covenants have been the most important instruments of international relations in both ancient and modem times, playing a significant role in the promotion of religious freedom, peaceful coexistence, and interfaith harmony. The rapid spread and broad appeal of early Islam brought matters of international relations and cosmopolitan state governance to a cadre of Muslim leaders whose main political experience had been with parochial Arabian tribalism. The foremost issue was the position, rights, and responsibilities of non-Muslim religious communities within the Arab-Islamic empire. Consequently, numerous covenants and treaties were devised with subjects and with foreign states during the expansion of the Muslim world. This study examines the protection of non-Muslim places of worship under the rule of the Prophet Muḥammad ﷺ and his successors, including future caliphs and generals. It explores the practical application of the covenants by the successors of the Prophet Muḥammad ﷺ during early Islamic history, exploring the extent to which these covenants and treaties were effective in maintaining peaceful co-existence in a multi-faith society. In sum, for the sake of concision, only specific segments of the covenants and treaties are examined, which were devised with the non-Muslims for the protection of their worship places during the early Muslim Conquests.
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Riak PhD, Gabriel Alier, and Dut Bol Ayuel Bill. "THE IMPACT OF FOREIGN RELATION ON ECONOMIC POLICY IN AFRICA." IJRDO - Journal of Social Science and Humanities Research 8, no. 11 (November 5, 2022): 57–59. http://dx.doi.org/10.53555/sshr.v8i11.5385.
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Foreign refers to the conduct of human affairs by peaceful means, employing techniques of persuasion and negotiation (Barnett and Duvall, 2010). It usually refers to international diplomacy, the conduct of international relations through the intercession of professional diplomats with regard to issues of peace-making, trade, war, economics, culture, environment and human relations (Berridge, 2005). Diplomacy is typically carried out by government officials, who use bargaining, negotiation, and other peaceful means to negotiate treaties, trade policies, and other international agreements, including agreements to prevent, limit, manage, or settle conflicts (Claude, 2012).
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He, Kai, T. V. Paul, and Anders Wivel. "Introduction: International Institutions and Peaceful Change." Ethics & International Affairs 34, no. 4 (2020): 457–59. http://dx.doi.org/10.1017/s089267942000060x.
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The rise of “the rest,” especially China, has triggered an inevitable transformation of the so-called liberal international order. Rising powers have started to both challenge and push for the reform of existing multilateral institutions, such as the International Monetary Fund (IMF), and to create new ones, such as the Asian Infrastructure Investment Bank (AIIB). The United States under the Trump administration, on the other hand, has retreated from the international institutions that the country once led or helped to create, including the Trans-Pacific Partnership (TPP); the Paris Agreement; the Iran nuclear deal; the Intermediate-Range Nuclear Forces (INF) Treaty; the United Nations Educational, Scientific and Cultural Organization (UNESCO); and the United Nations Human Rights Council (UNHRC). The United States has also paralyzed the ability of the World Trade Organization (WTO) to settle trade disputes by blocking the appointment of judges to its appellate body. Moreover, in May 2020, President Trump announced his decision to quit the Open Skies Treaty, an arms control regime designed to promote transparency among its members regarding military activities. During the past decade or so, both Russia and the United States have been dismantling multilateral arms control treaties one by one while engaging in new nuclear buildups at home.
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Hensel, Paul, and Marit Brochmann. "Peaceful Management of International River Claims." International Negotiation 14, no. 2 (2009): 393–418. http://dx.doi.org/10.1163/157180609x432879.
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AbstractAs global water scarcity increases, both scholars and leaders have suggested that water will be a leading cause of future armed conflict. Yet other scholars argue that states typically cooperate rather than fight to manage their shared water resources. We address these arguments by examining the management of internationally shared rivers in the Americas, Western Europe, and the Middle East from 1900–2001. We propose hypotheses on the factors that lead states to become involved in disagreements over shared rivers as well as the factors that lead them to negotiate over these disagreements. Heckman probit analysis suggests that water scarcity – found by past work to be an important influence on armed conflict over rivers – is also an important influence on peaceful efforts to settle river problems; river claims are more likely where water supply is lower and demand is greater, but negotiations are also generally more likely in these same situations. Furthermore, while the existence of river treaties does not prevent the emergence of river claims, the presence of at least one treaty over the specific subject of the claim provides an important starting point that greatly increases the likelihood of negotiations over such claims. We conclude that the more pessimistic views of water management are missing an important part of the story. States are much more likely to negotiate in the most dangerous situations, and institutionalization of river resources can make an important contribution to negotiations over any disagreements that do emerge.
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Glikman, Olga Vladimirovna, Aziza Ulugbekovna Nazarova, Alina Valeryevna Filippova, and Ekaterina Gennadyevna Minenkova. "Nuclear energy: Russia’s international treaties with other EEU members." SHS Web of Conferences 118 (2021): 03022. http://dx.doi.org/10.1051/shsconf/202111803022.
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The purpose of the study is to identify trends and compare the scope of multilateral and bilateral international legal regulation of relations between Russia and other Eurasian Economic Union members in the field of peaceful use of nuclear power (energy). The methodological basis of the research consists of general scientific and special legal methods. The application of these methods made it possible to subject the current national legislation in the field of nuclear energy to in-depth comparative legal analysis and to identify the prospects for its modernization. The result of the study was the absence of special provisions in the Treaty on the Eurasian Economic Union aimed at integration in the nuclear energy sector and the formation of a common nuclear energy market of the Eurasian Economic Union. The study’s novelty lies in the authors’ approach to the allocation and comparison of the scope and subject matter of existing international treaties of Russia with other Eurasian Economic Union members, regulating cooperation in the peaceful use of nuclear energy, which are not included in the Eurasian Economic Union law. According to the authors, despite the prospects and trends of forming the Eurasian Economic Union nuclear law noted by experts, Russia’s bilateral international agreements with other Eurasian Economic Union members will continue to play a special role in regulating relations in the nuclear energy sector.
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Laurinavichus, Cheslovas. "Reflections on the History of a Century Ago on the Basis of the Collection of Documents “Lithuania — Russia 1917—1920”." ISTORIYA 12, no. 7 (105) (2021): 0. http://dx.doi.org/10.18254/s207987840016510-0.
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Based on archival documents from the Lithuanian and Russian archives, as well as taking advantage of the latest works of historians, the article presents a polemical view of some aspects of the history of the 20th century, relevant for Lithuania and Russia. These are the problems of the red terror, world revolution, propaganda, as well as the preconditions for peace between Lithuania and Russia. The author emphasizes that the peace treaty between Russia and Lithuania not only allowed the two states to build bilateral relations on the basis of peaceful cooperation, but also became one of the treaties that Soviet Russia concluded for possible peaceful and smooth relations with Europe, including the mediation of Lithuania.
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Sambor, М. А. "Sources of right to freedom of peaceful assembly." Law and Safety 75, no. 4 (December 20, 2019): 13–23. http://dx.doi.org/10.32631/pb.2019.4.01.
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The right to freedom of peaceful assembly is marked by the multifaceted nature of this right for society, the state, groups of individuals and individuals. The right to freedom of peaceful assembly is a manifestation of human nature in communication with other people, society and the state. The unconditional right to freedom of peaceful assembly has a rich history of its formation and development. However, without historical origins it is impossible to form an objective and necessary for the modern man to understand the content of the right to freedom of peaceful assembly.
Based on the above, the purpose of this article is to investigate the sources of the right to freedom of peaceful assembly.
For the first time in modern domestic science the sources of the right to freedom of peaceful assembly have been explored. In order to understand and form the legal basis and mechanism (algorithm) for exercising the right to freedom of peaceful assembly, it is important to understand the origins of this right and to substantially fill the right to freedom of peaceful assembly. Sources of the right to freedom of peaceful assembly in their retrospective dimension allow us to approach the understanding of the right to freedom of peaceful assembly, taking into account the historical peculiarities of the understanding of this right, conditioned by the historical stages of the development of humanity, statehood and legal ideas about human rights in general and the right to freedom of peaceful assembly in particular.
Sources of law are not only formalized and materialized rules of law, but also the engine, the driving force in the identification, formulation and only in the further implementation of the rule of law in a certain materialized regulatory document. This aspect of the sources of law cannot be neglected, since in this case the sources of law, including the sources of the right to freedom of peaceful assembly, are significantly depleted, and a number of links in the chain of law are lost. Therefore, the nature of the origin of the right to freedom of peaceful assembly, which is identified with human nature, is important for the study of the sources of the right to peaceful assembly, and therefore the right to freedom of peaceful assembly is a natural human right that determines its social activity and role in society. In this regard, interest is defined as a natural legal source of the right to freedom of peaceful assembly. Interest is realized in the form of the right to freedom of peaceful assembly, so it reveals the meaning of this right.
The source of the right to freedom of peaceful assembly is an integral part of the sources of law as a whole, and therefore the study of the former is inseparable from an understanding of the sources of law. Common formal (material) sources of law are regulations, customs, legal treaties, legal precedents, and legal doctrines, so within the scope of this article, we carefully examine these sources of the right to freedom of peaceful assembly.
The natural-law component of the right to freedom of peaceful assembly emphasizes the direct dependence of the existence and enjoyment of the right on human rights and its interest in the exercise of this right, so we are convinced that the said source of the right to freedom of peaceful assembly is likely to be on the frontier of the study of legal and other social sciences. Formal legal sources of the right to freedom of peaceful assembly, in their turn, are generally in the sphere of sources of law, with those peculiarities that dictate an understanding of the content and peculiarities of the exercise and realization of the right to freedom of peaceful assembly. By far, the most widespread source of the right to freedom of peaceful assembly and with didactic features of knowing this right in the system of Ukrainian law is a legal act. The Constitution of Ukraine belongs to this type of sources of the right to freedom of peaceful assembly (as its special norms intended to regulate public relations in the exercise of the right to freedom of peaceful assembly in Ukrainian society, as well as general rules that ensure the ordering of relations and the formation of legal space for the implementation of the said rights), the Civil Code of Ukraine, the Code of Administrative Judiciary of Ukraine, as well as other procedural normative legal acts, which, although they do not contain any special rules, are directed to regulate relations precisely with the exercise of the right to freedom of peaceful assembly, but in their general form provide the opportunity to regulate a number of aspects of the exercise of the right to freedom of peaceful assembly. Another, possibly key, source of the right to freedom of peaceful assembly is a legal treaty, in particular an international legal treaty. It is in such treaties that the world community, humanity, has recognized the right of each person to the right to freedom of peaceful assembly, to freedom of exercise and to the exclusivity of grounds for restricting the exercise of the right to freedom of peaceful assembly. Unfortunately, legal precedent in Ukraine only becomes meaningful, and as a source of the right to freedom of peaceful assembly it is characterized, in some places, by contradictory content.
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Kilibarda, Pavle. "The Militarization of Outer Space and the Liability Convention." Air and Space Law 40, Issue 3 (May 1, 2015): 271–90. http://dx.doi.org/10.54648/aila2015019.
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In spite of the fact that international law has proclaimed that outer space is to be used for peaceful purposes, States continue to expand their military capacity beyond the bounds of the Earth's atmosphere. Recent testing of anti-satellite weaponry is a cause for concern that the term 'peaceful uses' is losing its meaning in an increasingly militarized outer space environment. The problem certainly stems from the fact that space law does not explicitly define said uses, thereby allowing States to provide a legal justification for their actions. This article will examine existing space law, as well as general international law, in an attempt to flesh out a more substantial meaning for the most oft-abused provisions of the relevant treaties in three distinct sections: first, we shall explore the notion of 'peaceful uses' as a general term; we shall proceed with an analysis of the prohibition of stationing weapons of mass destruction (WMDs) in outer space; finally, we shall see how the Liability Convention may be read as limiting States' potential advantages from militarizing space.
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Fung, Edmund S. K. "The Chinese Nationalists and the Unequal Treaties 1924–1931." Modern Asian Studies 21, no. 4 (October 1987): 793–819. http://dx.doi.org/10.1017/s0026749x0000932x.
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The movement to abolish the unequal treaties was the cause célèbre of Chinese nationalism after the First World War. It was an extension of the late Qing movement to retrieve the rights and interests (shouhui liquan yundong) that had been lost to the powers over the decades. Whereas the quintessence of the late Qing campaign was economic nationalism and the means it employed peaceful, the post-war drive was highly political and at times accompanied by a degree of violence. The Chinese determination, strengthened by Germany's and Austria's relinquishment of their treaty status, was a bond that united the whole nation from Beijing to Guangzhou (Canton) despite their domestic political differences.
11
Li, Lawrence. "Space Debris Mitigation as an International Law Obligation." International Community Law Review 17, no. 3 (July 6, 2015): 297–335. http://dx.doi.org/10.1163/18719732-12341307.
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Human space activities have grown rapidly in recent decades, but the international legal framework, comprising of the five space treaties, has largely remained unchanged since the 1980s. One of the consequences is that international responsibility and liability for space debris, which is a major hazard to space activities, have also remained uncertain for years. Nonetheless, States have responded to these problems by implementing national voluntary measures. More importantly, two major non-binding international instruments have been laid down by the Inter-Agency Space Debris Coordination Committee and the United Nations Committee on the Peaceful Uses of Outer Space, respectively. This article argues that, in light of recent States practice established under these international instruments, and a proper interpretation of the space treaties, it has been recognised by the international community that States are obliged to mitigate the generation of space debris, a failure of which will lead to international liability.
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Hosseini, Seyed Mohammad, Fatemeh Fathpour, and Subhrajit Chanda. "Space Debris Mitigation: Some Lessons from International Environmental Law." Environmental Policy and Law 51, no. 6 (December 22, 2021): 391–401. http://dx.doi.org/10.3233/epl-210015.
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The Soviet Union successfully launched Sputnik I in 1957 which led to the era of space activities. Although human race has benefited numerous from space activities, unlimited use of outer space has caused pollutions in outer space and consequently at the earth environment. Space debris has become a threat to the security of space activities. Space debris is the most important of these pollutions that, not only creates numerous threats and risks for Orbiting Satellites, It also has harmful effects on earth environment. During drafting UN space treaties, little attention was paid to environmental problems and these treaties did not mentioned of space debris and its hazards. in recent decades, Ethics of Outer Space activities, paid more attention to the environment of outer space and environmental issue of space activities. Therefore, the experiences of environmental law and its preventive policies can be used to reduce the threat of space debris for peaceful space activities and the environment of space and planet Earth.
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Jalal, Syed Umair, Nargis Zaman, and Muhammad Usman Ullah. "Dialogues and Peace Treaties in Afghanistan: An Analysis from 2010 to 2019." Global Strategic & Securities Studies Review VI, no. I (March 30, 2021): 82–95. http://dx.doi.org/10.31703/gsssr.2021(vi-i).09.
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After the American invasion of Afghanistan in 2001, the war-torn nation confronted numerous hardships and adversities in the following decade. US-led NATO forces overthrown the Taliban regime on 13 November 2001. The Taliban encountered severe blows from the US and allied forces, which constrained them to take shelter in the neighbouring countries, besides the hilly areas of Afghanistan (Afridi, Afridi, & Jalal, 2016). The region has witnessed a fierce fight between the Taliban and the NATO troops till 2010. Afterwards, a new phase in the Afghan conflict has begun; a progression of table talks and negotiations was initiated at various fronts. This particular research will focus on the dialogues, treaties, and negotiations among the conflicting parties to find a peaceful solution to the Afghan war.
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KEITH, KENNETH J. "The International Rule of Law." Leiden Journal of International Law 28, no. 3 (July 30, 2015): 403–17. http://dx.doi.org/10.1017/s0922156515000199.
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AbstractThe ‘rule of law’ is a concept at the very heart of the United Nations (UN) mission declared its Secretary-General, Kofi Annan. What does the concept mean internationally? The paper considers its role in international adjudication; in the UN more generally; in terms of the acceptances of the compulsory jurisdiction of the International Court of Justice (ICJ); the difference between thick and thin definitions of the concept; equality before the law; the requirement of clarity and certainty by reference to interpretation of treaties and maritime delimitation; compliance by Governments with international law; and the peaceful settlement of international disputes; and concludes with the importance of personal qualities and professional qualities.
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Zhang, X. P., W. Y. Wan, G. Q. Zhou, T. Yue, and B. Chen. "RESEARCH ON THE POLICIES AND LAWS OF INTERNATIONAL CIVILIAN REMOTE SENSING SATELLITES AND THEIR PROBLEMS." ISPRS - International Archives of the Photogrammetry, Remote Sensing and Spatial Information Sciences XLII-3/W10 (February 8, 2020): 821–24. http://dx.doi.org/10.5194/isprs-archives-xlii-3-w10-821-2020.
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Abstract. In the exploration of outer space and international space activities, civilian remote sensing satellites have made rapid development since the 1970s, and countries around the world have accelerated their civilian satellite development and its policy formulation as well. Regarding the regulations on the peaceful use of outer space and related space launches, the United Nations respectively formulated the "Five Treaties on Space" in the 1960s and 1970s to regulate the peaceful uses of outer space. However, in the development of civilian remote sensing satellites, orbital resources and application rules of remote sensing data, the implementation of "first-come, first-occupy" and "non-discriminatory access to remote sensing data" is mainly led by western developed countries, especially the space powers such as the United States and Russia. Based on the outer space policies and regulations, this article will make a comparative study of civilian remote sensing satellite development policies and related laws and regulations in major countries and regions in the world, so as to analyze the policies and legal principles of civilian remote sensing satellites, as well as its corresponding issues and problems.
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Petersmann, Ernst-Ulrick. "How to Reform the UN System? Constitutionalism, International Law, and International Organizations." Leiden Journal of International Law 10, no. 3 (September 1997): 421–74. http://dx.doi.org/10.1017/s0922156597000332.
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The UN system requires far-reaching changes so as to achieve the objectives of the UN Charter (e.g. with regard to human rights and maintenance of peace) more effectively. European integration law suggests that ‘international constitutionalism’ offers the most effective approach for strengthening the rule of law and peaceful cooperation among democracies. Section 2 outlines basic principles for a constitutional theory of international law. Section 3 discusses the difficulties of ‘constitutionalizing’ the state-centered and power-oriented concepts of the UN Charter. Section 4 explains why the successful Uruguay Round strategy for replacing the old GATT 1947 by the new World Trade Organization (WTO) – notably the ‘package deal negotiations’, the incorporation of other worldwide treaties into WTO law and the mandatory WTO dispute settlement and enforcement systems – offer important lessons for the needed reforms of the UN Charter.
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Hoyos, B. D. "Treaties true and false: The error of Philinus of Agrigentum." Classical Quarterly 35, no. 1 (May 1985): 92–109. http://dx.doi.org/10.1017/s0009838800014592.
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Rome and Carthage had established peaceful diplomatic relations before 300 b.c. — as early as the close of the sixth century according to Polybius, whose dating there no longer seems good cause to doubt. A second treaty was struck probably in 348. Both dealt essentially with traders' and travellers' obligations and entitlements, so any military or political terms sprang from that context. In both, the Carthaginians agreed to hand over any independent town they captured in Latium. In the first treaty they were not to establish a fort in Latium either; in the second, the Romans were not to found a city in Carthaginian Africa, Spain or Sardinia.But independent military considerations are the stuff of a third treaty concluded during Rome's war with Pyrrhus. Rome and Carthage now pledged each other military aid in certain circumstances, as we shall see. And ‘geopolitical’ concerns of a very broad kind imbued a treaty which was reported by the third-century historian Philinus of Agrigentum. By this, he stated, ‘the Romans must keep out of the whole of Sicily, the Carthaginians out of Italy’ (ἔδει Ῥωμαίους μ⋯ν ⋯πέχεσθαι Σικελίας ⋯πάσης, Καρχηδονίους δ' Ἰταλίας). This is Polybius' citation of Philinus' allegation; Polybius himself then roundly rejects the very existence of such a pact and declares himself at a loss to understand how his predecessor could record it, but modern scholarship is no longer all that ready to accept his view. A strong majority of historians prefer to follow the Agrigentine, and many see 306 b.c. as the likely year for the agreement because Livy records a ‘renewal’ then of a foedus with Carthage (without giving details).
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Sang, Nguyen Van, Luu Trang, Phan Nguyen Huy Chinh, Phan Truong Hoang My, Nguyen Thi Kim Tien, and Nguyen Thi Hong Yen. "The Struggle for Peace: The Anglo-American Relations from the War of 1812 to the Monroe Doctrine (1812-1823)." European Journal of Humanities and Social Sciences 2, no. 1 (February 1, 2022): 57–63. http://dx.doi.org/10.24018/ejsocial.2022.2.1.208.
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The article aims to analyze Anglo-American relations’ reconstruction from the end of the War of 1812 to the Monroe Doctrine declared in 1823. Based on this goal, the paper focuses on presenting Anglo-American relations related to American natives, negotiations to find solutions to border disputes and other issues; the re-building of trade relations interrupted by the War of 1812. The study applies sources such as monographs and treaties based on historical and logical methods. The results indicate three main issues to build peaceful relations between Great Britain and the United States in this period. First, overcoming the consequences of the War of 1812; Secondly, resolving disputes existing in relations between the two countries in the previous period; and lastly, developing trade relations between the two countries. The paper contributes to the study of Anglo-American relations and issues of American history in the mentioned period.
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Heyns, Christof, Charles Fombad, Pansy Tlakula, and Jimmy Kainja. "The Right to Political Participation in Sub-Saharan Africa." Global Journal of Comparative Law 8, no. 2 (September 25, 2019): 128–61. http://dx.doi.org/10.1163/2211906x-00802002.
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The effective realisation of the right to political participation is essential for the legitimacy of political systems and for enabling the people to shape, and assume responsibility for, their lives. Although the right to political participation is recognised in article 25 of the International Covenant on Civil and Political Rights as well as in other international treaties, its realisation in practice is often partial, it depends on the extent to which numerous interrelated rights, such as those to freedom of expression, access to information and peaceful protest, have been secured. Focusing on sub-Saharan Africa, this article examines the right to political participation as set out in national constitutions and in the instruments of the United Nations, the African Union and sub-regional bodies. It also considers the role of social media in this context. The article concludes by suggesting how this crucial right could be implemented more effectively in Africa.
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Mielnik, Marcin. "THE POLICE LAW AND THE POLICE DIRECTOR POLICY DURING THE PEACEFUL PERIOD FROM 9 VII TO 5 X 1807." International Journal of Legal Studies ( IJOLS ) 4, no. 2 (December 30, 2018): 565–78. http://dx.doi.org/10.5604/01.3001.0013.0034.
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This work analyzes policy pursued by Aleksander Potockibased on the law at the end of the functioning of the Governing Commission. The legal acts on Principles published at the beginning for the equipment of the Governing Committee and other authorities of its subordinates, as well as the Rules for organization for the Police Director, shaped this ministry. Based on the analysis of archival sources, a description of the policy of the police authorities was presented in the previously unexplored period, i.e. from the conclusion of the peace treaties in Tilsit until the takeover of power by Fryderyk August. The important part of the activities of the central government was the public order, for which A. Potocki was responsible to a large extent. In addition to this issue, work on improving living conditions has been presented. The scope of these activities includes health matters and supervision of measures and weights. In addition, the progress of work on establishing the authorities in all cities in the country has been presented. So far, the tasks indicated have been a continuation. The article also analyzes the issue of supervision of public tenders regarding the salary of military barracks.
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Gasser, Hans-Peter. "International Humanitarian Law, the Prohibition of Terrorist Acts and the Fight against Terrorism." Yearbook of International Humanitarian Law 4 (December 2001): 329–47. http://dx.doi.org/10.1017/s138913590000088x.
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Terrorism is said to be a substitute for conventional — or classic — warfare. And the response to terrorism is now called a ‘war on terrorism’. Acts of terrorism have always been with us and so has war. Since time immemorial, warfare has been subject to legal regulations: the laws of war. Their foundations can be retraced to age-old practices established to mitigate the effects of recourse to violence when conflicts could not be resolved by peaceful means. These rules used to belong to customs observed by belligerents as a matter of course. Today, international treaties are the main source of the rules governing humanitarian aspects of the conduct of war: the Geneva Conventions for the protection of war victims of 12 August 1949 and their two Additional Protocols of 1977. Is international humanitarian law relevant to the horrors of modern warfare and, in particular, to terrorism? And does it sufficiently take into account the interest of states in combating terrorism?
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AKPINARLI, Neyire, and Hasan Utku ŞATIROĞLU. "STELE OF VULTURES: INFERENCES REGARDING THE LAW AMONG THE SUMERIAN CITY STATES." Ankara Üniversitesi Hukuk Fakültesi Dergisi 71, no. 2 (June 30, 2022): 819–84. http://dx.doi.org/10.33629/auhfd.942304.
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The institutions, norms and customs regulating the relations among the Sumerian city states which are deemed to be the first civilization in the history are the basis of many institutions of the current international law. The Stele of Vultures which is a Sumerian inscription that survived from the 3rd century BCE, presents a great amount of data with its inscription and depiction in various fields from history to art, religion to history of politics. The royal inscription which is accepted to be prepared by Lagash king E-anatum, is accepted to be the oldest document related to the history of international law. This single-sided historical narrative which presents a part of the boundary and water dispute between the Lagas and Umma city states that lasted over 150 years provides data on many norms and institutions of international law. In the article Stele of Vultures, which is mentioned in the history of international law part of some of the international law textbooks published in West and Turkey will be analyzed from the viewpoint of the history of international law. In the article within the bounds of possibility of the depictions and inscriptions, various rules of international law such as the law between the city states, deity – king and deity – city state relationship, boundary and water dispute, war, signing of treaties, breach of treaties, the sanctions which are applied in the event of nonfulfillment of the deed of the treaty, peaceful settlement of disputes and ceremony which emerges in different forms in interstate relations will be examined.
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Velichkov, K. "KAZAKHSTAN’S NUCLEAR GOVERNANCE AS A FOREIGN POLICY ASSET." NNC RK Bulletin, no. 3 (January 8, 2022): 21–28. http://dx.doi.org/10.52676/1729-7885-2021-3-21-28.
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Kazakhstan’s nonproliferation initiatives are recognized worldwide. Kazakhstan is a party to almost all major nuclear treaties, a key driver in the creation of a Central Asian nuclear-weapon-free zone, initiated the Universal Declaration on Building a World Free of Nuclear Weapons, established a low-enriched uranium bank under the auspices of the IAEA in Ust-Kamenogorsk to be used for peaceful purposes in the event of a disruption in the supply of fuel for nuclear power plants.While the foreign policy acts of Kazakhstan in non-proliferation are well known and internationally appreciated, the transfer of Kazakh experience in the governance of the nuclear sector is lesser known asset. For example, the experience of the Committee for Atomic and Energy Supervision and Control and KAZATOMPROM in uranium mining and transport was shared with countries from the Southern African Development Community, under an EU project, implemented by the International Science and Technology Center. This example reveals the great potential this themes have for the further input of Kazakhstan in international development cooperation.
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Hillaker, Lorn. "Representing a “Better Germany”: Competing Images of State and Society in the Early Cultural Diplomacy of the FRG and GDR." Central European History 53, no. 2 (June 2020): 372–92. http://dx.doi.org/10.1017/s0008938920000151.
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AbstractIn the early years of the FRG and GDR, cultural diplomacy was largely defined by each country's need to establish a role for itself within its respective Cold War bloc. In the sphere of foreign policy, competition between East and West Germany to achieve recognition both from Western states and the so-called Third World was heightened by the FRG's Hallstein Doctrine (1955–1970). Cultural diplomacy offered a route outside traditional channels of diplomacy to convince foreign politicians to support or at least have favorable views of either German state. The cultural diplomatic media of this early period focused on each state's rebuilding and adherence to international treaties as well as on countering the legacy of the Second World War. As division continued into the 1950s, cultural diplomacy on each side of the iron curtain worked to cultivate an image of a peaceful, friendly state superior both to its Nazi predecessor and to its rival across the German-German border, setting the terms for an image-building contest that would continue throughout the Cold War.
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Rominskyi, Y. V. "The question of peace in medieval domestic international and inter-principal treaties." ACTUAL PROBLEMS OF THE LEGAL DEVELOPMENT IN THE CONDITIONS OF WAR AND THE POST-WAR RECONSTRUCTION OF THE STATE, no. 13 (October 1, 2022): 291–96. http://dx.doi.org/10.33663/2524-017x-2022-13-48.
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Solving the current problems of our time is impossible without turning to history. Today, in times of great war, millions of eyes are directed forward, to the unknown post-war future. Without pretending to be able to give any principled advice to contemporaries, the publication introduces how their medieval ancestors stopped wars, concluded peace treaties and organized post-war life. The Middle Ages of Ukraine are mainly associated with the activities of the East Slavic state formations headed by princes from the Rurik dynasty. Thanks to historical chronicles (so-called Litopys or Letopis) and European archives, a lot of information about peace treaties has been preserved, as well as a certain number of originals or copies of peace treaties of the 10th-14th centuries. Practically all of them are currently published and put into scientific use. Such treaties cover the relations of East Slavic state formations with each other, as well as with other states and state formations: steppe hordes, neighboring kingdoms, church military orders, independent bishoprics and self-governing cities. From the available historical sources, we learn about the principle of the current treaty, which was that not only in the event of a declaration of war, but also in the event of a change (death, deprivation of power) of the signatory of the treaty (prince, king, khan, Grand Master of the order, etc.), peaceful relations were suspended until the moment of concluding a new contract or the time of sending ambassadors with the proposal of such a contract. There is no agreement – there is no peace, because there is no one who guarantees this peace. This gave rise to the practice of renewing old treaties without revising them, which was based on the principle of respect for antiquity common to all of medieval Europe. Another principle on which all peace treaties were based is the forgetting of previous grudges. Any conflicts that occurred during the war, during the period of validity of the previous treaty or during the time between the end of the previous treaty and the conclusion of the new one (the so-called rozmir’ya) were to be resolved during the conclusion of peace and in the future there was no need to mention them. Demands to return to consideration of previous conflicts were considered a violation of the treaty and the beginning of war. The Eastern Slavic legal worldview left no room for discussion: there is a time of war (rozmir’ya) and there is a time of peace, which creates a new legal space and should not be burdened by previous conflicts. The article also highlights information about the possibility of temporary peace agreements, the practice of armistice, the possibility of arbitration, the procedure for compensation to the affected population, the participation of princely people in the contractual process, etc. Key words: East Slavic state formations, Kyivan Rus, Old Rus, Medieval Law, Old Rus Law, law-making treaty, International treaty, Source of Law, Legal history
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Chayka, Konstantin L. "International courts: evolution of competence and influence on the maintenance of international legal and order." Gosudarstvo i pravo, no. 3 (2022): 138. http://dx.doi.org/10.31857/s102694520019383-2.
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The development of international relations at the turn of the XIX - XX centuries led to an increase in the importance of the peaceful settlement of interstate disputes, which acquired the institutionalized form of the International Court of Justice. Initially, international courts functioned on a temporary basis and were established to resolve a specific dispute, but as interstate conflicts became more complex and their number increased, the trend towards the formation of permanent judicial bodies became key. The doctrine has developed an approach by virtue of which the International Court of Justice is an independent body acting on a permanent basis on the basis of an international treaty or created by a decision of an international organization body authorized to resolve disputes in accordance with International Law and make decisions binding on the parties. A retrospective analysis of international treaties on the establishment of international courts demonstrates the transformation of their competence from the resolution of interstate disputes to the granting of the right to consider cases of human rights violations, to overcome legal conflicts between the bodies of integration associations and individuals and legal entities on economic issues, as well as to pass criminal sentences. The evolution of the competence of international courts is accompanied by the expansion of the circle of persons entitled to initiate legal disputes, which, in addition to States, includes individuals and legal entities. The transformation of the competence of international courts, their regionalization and specialization lead to a change in their role in regulating international relations. There is a transition from the peaceful settlement of interstate disputes to the protection of human rights, overcoming conflicts within the framework of integration associations, including with the participation of individuals and legal entities.
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Del Negro Barroso Freitas, Guilherme, Lucas Carlos Lima, and Rodolfo Veloso Caetano Soares. "Left Out in The Cold?" Cadernos do Programa de Pós-Graduação em Direito – PPGDir./UFRGS 17 (December 13, 2022): 47–65. http://dx.doi.org/10.22456/2317-8558.128820.
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International Law and the Cold War is an invitation to study some of the forgotten discourses related to this period, many times unfairly associated with the idea of decay. The historical experience is often summarized with the assertion that “the Cold War period saw a decline in the commitment to international adjudication”. An examination of the judicial practice in the period is carried out, namely arbitration and decisions of the International Court of Justice (ICJ). We shall also briefly scrutinize the appearance of jurisdictional clauses in international treaties signed between 1947 and 1990. The second part of the article presents a specific instance of judicial settlement of disputes, outlining the American Treaty for the Peaceful Settlement of Disputes and the fundamental choices of the “Pact of Bogota” in relation to judicial settlement. In the third part, we zoom in on some ideas regarding international adjudication in Latin America and on the writings of some Brazilian authors – such as Haroldo Valladão – to demonstrate their perception of the phenomenon. The present analysis proves that the judicial settlement of international disputes did not depend on the collapse of the Soviet Union for coming into operation. Interstate arbitrations were very much present during the Cold War years. Jurisdictional clauses remained in vogue, a great number of treaties still being adopted that referred their disputes to the International Court of Justice. The Pact of Bogota was a groundbreaking initiative to support the jurisdiction of an international court through collective recognition, consolidating regional practice on compulsory adjudication.
KEYWORDS: Cold War; settlement of disputes; interstate arbitration; International Court of Justice; Pact of Bogota.
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Giri, Saroj Kumar. "Arbitration Laws and Judicial Response to Settling the Disputes Through Arbitration in Nepal." Journal of Management 5, no. 1 (August 25, 2022): 109–23. http://dx.doi.org/10.3126/jom.v5i1.47765.
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The article aims to analyze the arbitration-related laws in Nepal, the domestication of international arbitration treaties and conventions, settlement procedures of arbitration disputes and the role of the Nepalese judiciary to settle the disputes through arbitration. To settle disputes outside the court through a mutual agreement in a peaceful situation, ADR (Alternative Dispute Resolution) is the best method practiced worldwide since time immemorial; Nepal has also proclaimed various provisions in different statutes and rules. Arbitration Act, 2055 is the current statute that governs arbitration matters and Arbitration (Court procedures) Rule, 2059 governs the court proceedings. The various provisions of Arbitration Laws and Rules have been proclaimed to mitigate the international arbitration laws and rules. Nepalese judiciary especially the supreme court and high court has played a pivotal role to settle the dispute that arose during arbitration, arbitral award, its implementation, the appointment of arbitrator etc. The finding of the study is there have been significant changes in the decision-making process by the court and new trends mitigating the international proceedings have been followed. The analysis is significant as it helps to understand the arbitration laws and procedures and new trends adopted by the courts to settle disputes.
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Schladebach, Marcus. "Space Debris as a Legal Challenge." Max Planck Yearbook of United Nations Law Online 17, no. 1 (2013): 61–85. http://dx.doi.org/10.1163/18757413-90000080.
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Fifty years of Space flight has left many objects in Outer Space. For a long time the Space community has debated the implementation of regulations concerning the increasing problem of the resulting Space debris. The reasons for this have been intensively analyzed, but the international community is yet to find an effective legal answer. The traditional Space Law treaties do not cover this question and in particular cannot offer a suitable solution for the most urgent need: the avoidance of Space debris through its removal from Outer Space back to earth. The legal outcome of this debate is rather disappointing. The UN Committee on the Peaceful Uses of Outer Space has released special Space Debris Mitigation Guidelines which are neither legally binding nor meet the real necessity. They can only be recognized as a first tentative step in the right direction. But their implementation could foresee the serious danger that the international community leaves the state of law as it is and fails to develop it further. Therefore it is necessary to negotiate a new provision and insert it into the Outer Space Treaty. This article offers a draft of such a legally binding obligation.
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Донцов, Павел, and Pavel Dontsov. "IMPLEMENTATION OF BILATERAL AGREEMENTS WITH THE EUROPEAN UNION IN CANADA." Journal of Foreign Legislation and Comparative Law 1, no. 4 (October 29, 2015): 0. http://dx.doi.org/10.12737/14276.
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International agreements concluded during various historical periods between Canada and the European Union, European communities, as well as acts of domestic law of Canada adopted for the implementation of relevant rules of the international law, are the subject of this research. The aim of the study was to define models for the implementation of bilateral agreements between Canada and the European Union, the forms of their implementation in domestic law, and classification of existing and void agreements. The methodology used in the study includes formal juridical and legal, historical research methods, and the method of comparative law analysis. The author draws the conclusion that Canada concluded bilateral agreements at all stages of the European integration development since the 1959 Treaty between the Government of Canada and the European atomic energy community on cooperation in the peaceful uses of atomic energy and treaties between Canada and the European Economic Community about common and high-quality wheat, concluded in 1962. Currently, there are about 40 bilateral agreements between Canada and the EU (Communities), mainly in the sphere of economic, customs and scientific cooperation, carried out by Canada through “indirect implementation”.
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Tracy, James. "The Road to Szigetvár: Ferdinand I's Defense of His Hungarian Border, 1548–1566." Austrian History Yearbook 44 (April 2013): 17–36. http://dx.doi.org/10.1017/s0067237813000052.
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Sultan Suleyman the Lawgiver (r. 1520–1566) led six invasions of Hungary during his reign. Although he failed to take Vienna (1529, 1532), by the conclusion of his last campaign in 1566, he had extended Ottoman rule up the Danube as far as Esztergom and beyond. For his part, Ferdinand I sought to consolidate his claim to Hungary by sending armies against cities recently taken by the Ottomans on three occasions; none of these campaigns achieved its objective. In the years between invasions from one side or the other, there were frequent truces and from 1547 a series of peace treaties. Nonetheless,Kleinkriegremained the order of the day along the border. Convention dictated that a certain amount of raiding was tolerable, even in the relatively peaceful seventeenth century, but sixteenth-century “raiding parties” (especially from the Ottoman side) were sometimes large enough to storm and capture important fortresses. In the sixteenth century, castles on either side sent out bands of soldiers to force all peasants within reach to pay taxes to the “rightful” ruler. In the seventeenth century, the Ottomanpaşaof Buda would sometimes request the help of his Habsburg counterpart in collecting the sultan's taxes from border villages.
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Farida, Elfia. "KEWAJIBAN NEGARA INDONESIA TERHADAP PERJANJIAN INTERNASIONAL YANG TELAH DIRATIFIKASI (Convention on The Protection of The Rights of All Migrant Workers of Their Families)." Administrative Law and Governance Journal 3, no. 1 (March 6, 2020): 182–91. http://dx.doi.org/10.14710/alj.v3i1.182-191.
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International agreements have advantages over other sources of international law. International agreements are used consistently as a tool for cooperation or peaceful relations between countries regardless of their political, economic and social systems. Indonesia has also taken many binding actions on international treaties. If Indonesia is bound by an international agreement, then it is obliged not to carry out something that is contrary to the essence, purpose and purpose of the international agreement and morally must obey obligations arising from the existence of the international agreement in good faith (pacta sunt servanda). The International Convention on The Protection of the Rights of All Migrant Workers of Their Families has been ratified through Law No. 6 of 2012 so that Indonesia is obliged to realize the rights set out in the Convention into law in force in Indonesia, as a form of State protection for Indonesian migrant workers and members of their families. Keywords: state obligations, international treaties, ratification Abstrak Perjanjian internasional mempunyai kelebihan dibandingkan sumber hukum internasional lainnya. Perjanjian internasional digunakan secara konsisten sebagai alat kerja sama atau hubungan damai antar negara apapun sistem politik, ekonomi dan sosialnya. Indonesia juga telah banyak melakukan tindakan pengikatan terhadap perjanjian internasional. Apabila Indonesia sudah terikat pada suatu perjanjian internasional, maka berkewajiban untuk tidak melaksanakan sesuatu yang bertentangan dengan esensi, maksud dan tujuan perjanjian internasional dan secara moral harus mentaati kewajiban-kewajiban yang timbul akibat adanya perjanjian internasional tersebut dengan iktikad baik (pacta sunt servanda). International Convention on The Protection of The Rights of All Migrant Workers of Their Families telah diratifikasi melalui UU No. 6 Tahun 2012 sehingga Indonesia berkewajiban merealisasikan hak-hak yang diatur dalam Konvensi ke dalam hukum yang berlaku di Indonesia, sebagai wujud pelindungan Negara kepada pekerja migran Indonesia dan anggota keluarganya. Kata Kunci: kewajiban negara, perjanjian internasional, ratifikasi
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Bazarova, Tatyana. "Two Missions of Major Hieronymus Natalie to Istanbul: Diplomatic Contacts Between Russia and the Ottoman Empire in 1715-1718." Vestnik Volgogradskogo gosudarstvennogo universiteta. Serija 4. Istorija. Regionovedenie. Mezhdunarodnye otnoshenija, no. 1 (February 2019): 84–97. http://dx.doi.org/10.15688/jvolsu4.2019.1.7.
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Introduction. Diplomatic contacts between Russia and the Ottoman Empire between Adrianople (1713) and Constantinople (1720) treaties are explored. For Posolsky prikaz (Ambassadorial office), the main task was to keep peaceful relations between Russia and the Ottoman Empire, which gave the possibility to the tsar to concentrate on military operations in Pomerania. Methods. The study is based on the analysis of unpublished materials of the Posolsky prikaz and their comparison with notes of contemporaries and with other historical sources. Analysis and results. The absence of Russian diplomatic resident in Istanbul did not promptly allow to solve the problems caused by violations of the conditions of the Adrianople treaty: border conflicts and the entry of the tsarist army into Poland. After the Treaty of Passarowitz (1718), which ended the war of the Ottoman Empire with Venice and Austria, a new danger arose for the beginning of the Russo-Turkish war. In 1715 and 1718, the Ragusin on the Russian service Hieronymus Natali was twice sent to the Sublime Porte with the charters of Peter I. Along with handing the tsar’s charters to the Grand Vizier about border conflicts, Natalie had secret assignments connected with the prevention of a military conflict with the Ottoman Empire.
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Stöckmann, Jan. "The First World War and the Democratic Control of Foreign Policy*." Past & Present 249, no. 1 (April 16, 2020): 121–66. http://dx.doi.org/10.1093/pastj/gtz066.
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Abstract As the world went to war in 1914, a group of politicians, scholars and activists developed a radically new concept of foreign policy. It rested on the assumption that the war was the result of a flawed diplomatic system and that democratic institutions would make international relations more peaceful. Specifically, they proposed a set of reforms to improve parliamentary oversight, to prohibit secret treaties and to make foreign affairs more accessible to the general public. Most historians have written them off as pacifist propagandists or isolated national splinter groups. However, as this article shows, the advocates of democratic control built a transnational campaign across more than two dozen countries and drew up an elaborate agenda which anticipated long-lasting debates about foreign policy governance. The leaders of the campaign — including American educationalist Fannie Fern Andrews, German social democrat Eduard Bernstein and British politician Arthur Ponsonby — began by protesting decision-making in July 1914, but gradually worked out a more rigorous foreign policy critique. They hosted conferences, circulated academic-style publications and lobbied governments. Although their programme resonated with Wilsonian and socialist visions for a democratic peace, it failed to materialize in 1919. Ultimately, it remained an exercise in democratic governance.
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Ostapchuk, L. G., and T. V. Kuzmenko. "MILITARY AND WAR CRIMES IN DOMESTIC AND INTERNATIONAL LEGISLATION." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2022, no. 1 (September 2, 2022): 18–27. http://dx.doi.org/10.32755/sjcriminal.2022.01.018.
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Criminal and international legislation in terms of legal regulation of military and war crimes is analyzed in the article. Conclusions and recommendations of international organizations on the researched issue are made. The views of scholars on the distinction between the concepts of “military” and “war” crimes are considered. It is proved that there is an important difference between military and war crimes. Thus, war crimes can be committed only in conditions of an armed conflict, in turn, military criminal offenses both during armed conflict and during military service. Emphasis is placed on further harmonization of domestic legislation and the Rome Statute in order to bring the perpetrators to justice effectively. It is noted that international treaties and other acts of international law are intended to regulate international disputes between states, but from time to time it is difficult to apply them in reality to ensure that states parties to the conflict in practice. For this purpose, third parties often enter into legal relations, which contribute to the settlement of a conflict between the states and the establishment of a stable domestic foreign policy situation on the territory of each of them. It is found out that the task of international law in this case is to resolve such conflicts with the help of their organizations and institutions, to establish new “rules of the game” in the international arena. And only in this way, by involving all countries of the world in peaceful cooperation and developing an effective mechanism of cooperation, it is possible to achieve world order and peace. To this end, the scope of various conciliation commissions should be extended, and States parties to the conflict should be encouraged to settle disputes peacefully in order to preserve world resources and human lives, which, as mentioned above, are of the highest social value. Key words: military crime, war crime, armed conflict, war, international legal acts.
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Padányi, József, and László Földi. "TASKS AND EXPERIENCES OF THE HUNGARIAN DEFENCE FORCES IN CRISIS MANAGEMENT." CONTEMPORARY MILITARY CHALLENGES, VOLUME 2015/ ISSUE 17/1 (May 30, 2015): 29–46. http://dx.doi.org/10.33179/bsv.99.svi.11.cmc.17.1.2.
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The most important task of the Hungarian Defence Forces is the armed defence of the country and the fulfilment of other military obligations arising from international treaties, particularly collective defence, peacekeeping and humanitarian functions (Act CXIII of 2011 in Hungary). In addition to the basic responsibilities described in the Home Defence Act, an essential, and, as experience shows, very frequent, function is “contribution to the performance of tasks related to disaster management”. The purpose of this paper is to present the work of the Hungarian Defence Forces in two large segments of crisis management: we analyse experiences from international peace support operations and protection against disasters. Our other aim is to show an example of smaller European countries engaging in possible peaceful multilateral military cooperation. Najpomembnejši nalogi madžarske vojske sta oborožena obramba države in izpolnjevanje drugih vojaških obveznosti, ki izhajajo iz mednarodnih pogodb, še zlasti kolektivne obrambe, ter mirovnih in humanitarnih dejavnosti (madžarski Zakon št. CXIII iz leta 2011). Poleg temeljnih obvez, opredeljenih v Zakonu o domovinski obrambi, je ključna in, kot kažejo izkušnje, tudi zelo pogosta funkcija »prispevanje k izvedbi nalog, povezanih z ravnanjem ob nesrečah«. Namen tega prispevka je predstaviti delovanje madžarske vojske na dveh večjih področjih kriznega upravljanja, pri čemer analiziramo izkušnje iz mednarodnih mirovnih operacij ter varstvo pred nesrečami. Naš drugi namen pa je prikazati primer morebitnega miroljubnega večstranskega sodelovanja manjših evropskih držav na vojaškem področju.
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Nguyen, Van Sang. "From Ally to Enemy: The XYZ Affair and а Diplomatic Crisis in the Franco-American Relations." Vestnik of Saint Petersburg University. History 67, no. 1 (2022): 157–73. http://dx.doi.org/10.21638/11701/spbu02.2022.111.
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The XYZ Affair was the most significant political incident during twenty years of the Franco- American alliance (1778–1798). It was the leading cause of the diplomatic crisis and the Quasi-War in relations between two countries from 1798 to 1800. Based on sources such as treaties, monographs, and other documents from the American side which are related to the topic, the article aims to analyze the crisis in Franco-American diplomacy after twenty years of establishing the alliances through the XYZ Affair and the Quasi-War. The study focuses on presenting the breakdown of trust in the Franco-American relations that led to the emergence of the XYZ Affair; the diplomatic crisis in the Franco-American relations known as the XYZ Affair and the Quasi-War between both countries and efforts of two countries to find a peaceful solution. The research shows that the XYZ Affair had been the biggest conflict case in the history of the Franco-American relations since 1778. In fact, America’s interest and honour in the XYZ Affair was the fundamental cause leading to the severe crisis in relations between two countries. The article contributes to clarifying the history of the XYZ Affair, the Quasi-War, the Franco-American relations, and a part of American diplomatic history in the first half of the founding era of the United States.
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Mahmood, Saba. "Religious Freedom, the Minority Question, and Geopolitics in the Middle East." Comparative Studies in Society and History 54, no. 2 (March 22, 2012): 418–46. http://dx.doi.org/10.1017/s0010417512000096.
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The right to religious freedom is widely regarded as a crowning achievement of secular-liberal democracies, one that guarantees the peaceful coexistence of religiously diverse populations. Enshrined in national constitutions and international laws and treaties, the right to religious liberty promises to ensure two stable goods: (1) the ability to choose one's religion freely without coercion by the state, church, or other institutions; and (2) the creation of a polity in which one's economic, civil, legal, or political status is unaffected by one's religious beliefs. While all members of a polity are supposed to be protected by this right, modern wisdom has it that religious minorities are its greatest beneficiaries and their ability to practice their traditions without fear of discrimination is a critical marker of a tolerant and civilized polity. The right to religious freedom marks an important distinction between liberal secularism and the kind practiced in authoritarian states (such as China, Syria, or the former Soviet Union): while the latter abide by the separation of religion and state (a central principle of political secularism), they also regularly abrogate religious freedoms of their minority and majority populations. Despite claims to religious neutrality, liberal secular states frequently regulate religious affairs but they do so in accord with a strong concern for protecting the individual's right to practice his or her religion freely, without coercion or state intervention.
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Yenigun, Cuneyt, and Saranjam Baig. "Turkish Public Perceptions About Oman." European Journal of Behavioral Sciences 3, no. 4 (December 30, 2020): 22–30. http://dx.doi.org/10.33422/ejbs.v3i4.515.
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Oman has long lasting peaceful relations with its neighbours and the world. It is a small size Arabian Gulf state with very rich natural resources. Relations between Oman and Turkey was very pleasant in 15-19th centuries. A century of interrupted relations has started to resurrect in the recent years with the new economic, political treaties and socio-cultural relations between two nations. Turkey and its policies, TV serials, and political leaders are very well known in Oman, whereas Oman is not very familiar to the Turkish people. In this research, to understand the level of Oman’s image in Turkey, a survey was orchestrated on more than 500 respondents and striking findings demonstrate that Oman is not well-known well in Turkey. The survey was conducted physically in the shopping malls in Istanbul and virtually via online questionnaire. Social representation of the survey overlaps on the Turkish social facts. In comparison with Europeans and Asians, the Turkish public knows Oman more than double of the world public opinion. For example, the location of Oman is known 51.9% in Turkey, but 38.2% in the world; the existence of general elections in Oman is known in Turkey on the level of 32.7%, whereas in Europe 16.3%. This study, as a primary resource, shares and interprets the result of conducted survey and then suggests some policy alternatives to Oman to be known better in Turkey and the world as a public diplomacy tool.
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Rossignol, Marie-Jeanne. "Early Isolationism Revisited: Neutrality and Beyond in the 1790s." Journal of American Studies 29, no. 2 (August 1995): 215–27. http://dx.doi.org/10.1017/s0021875800020831.
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The term “isolationism,” still used today in discussions of contemporary United States policy, is “ fittingly…identified with a revulsion against the entanglements of world war.” For analysts using this concept, isolationism means American withdrawal from political connections with the rest of the world (no treaties and permanent alliances) and idealism in foreign policy (no secret clauses or deals). They consider that it has characterized American foreign policy since the first president took office and was expressed in Washington's Farewell Address in 1796 for the first time. Although the term appeared only in 1922, it is thus applied to early American foreign policy, as Lawrence S. Kaplan does in the chapter entitled “Toward isolationism: the Rise and Fall of the Franco-American Alliance 1775–1801” of hisEntangling Alliances with None: American Foreign Policy in the Age of Jefferson. According to Kaplan, this speech “became an enduring symbol of America's isolation,” and he defines early “isolationism” as follows: “…a freedom to enjoy access to all ports interested in receiving American products. It meant further a freedom from subservience to any foreign power, of the kind which had forced them into the service of a maternal economy or of dynastic wars in the past. Finally, it extended to a self-image of virtue and innocence that would be protected by advancing principles of peaceful relationships among nations.”Even if one thinks, like Albert K. Weinberg, that “isolationism” is a “poor theory,” which “has placed the discussion of American foreign policy in a sad predicament of obfuscation,” one has to admit with him that “mere scholars can change no social habit.”
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Petersmann, Ernst-Ulrich. "Administration of Justice in the World Trade Organization: Did the WTO Appellate Body Commit 'Grave Injustice'?" Law & Practice of International Courts and Tribunals 8, no. 3 (2009): 329–74. http://dx.doi.org/10.1163/156918509x12537882648507.
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AbstractJudicial administration of justice through reasoned interpretation, application and clarification of legal principles and rules is among the oldest paradigms of 'constitutional justice'. The principles of procedural justice underlying WTO dispute settlement procedures, like the conformity of WTO dispute settlement rulings with principles of 'substantive justice', remain controversial. This contribution criticizes the recent, harsh condemnation of the WTO dispute settlement rulings in the Brazil Tyres case as 'committing grave injustice'. After recalling the customary law requirement of interpreting treaties and settling international disputes 'in conformity with principles of justice' and human rights, the contribution examines the WTO Appellate Body case-law from the perspective of diverse conceptions of 'conservative' and 'reformative justice', 'general' and 'particular justice', procedural and substantive justice, national and multilevel 'constitutional justice', and judicial protection of transnational rule-of-law for the benefit of citizens. The article concludes that the panel, appellate and arbitration reports in the Brazil Tyres dispute, like many other WTO Appellate Body reports, reflect a growing concern 'to administer justice' in WTO dispute settlement proceedings. WTO judges and investor-state arbitrators should follow the example of the ICJ and of European courts and clarify the 'principles of justice' justifying their settlement of international economic disputes so that 'justice is not only done, but also seen to be done', albeit subject to 'trial and error'. Legal practitioners should support – and, as part of the 'invisible college of international lawyers', hold accountable – the emergence of an 'international judiciary' as an 'epistemic community' committed to defending rule of law, peaceful settlement of disputes and 'principles of justice' in mutually beneficial economic cooperation among citizens across national frontiers.
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Popova, Olesya Andreevna. "National appropriation of natural resources in the international space law." Международное право и международные организации / International Law and International Organizations, no. 1 (January 2021): 46–59. http://dx.doi.org/10.7256/2454-0633.2021.1.35099.
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This article examines the problem of international legal regulation of the activity on the use of natural resources in outer space. The author provides the results of analysis of the international outer space treaties, resolutions of the United National General Assembly, reports of the Legal Subcommittee of the UN Committee on the Peaceful Uses of Outer Space. There is currently no universal international legal regulation of the legal status and regime for the use of natural resources in outer space. The activity on the extraction of natural resources requires the development of corresponding international legal norms. The two alternative positions are being discussed – the concept of the “common heritage of mankind” developed in the international law of the sea, and the Artemis Accords advanced by the United States. The following conclusions were made: the prohibition of national appropriation of outer space and celestial bodies is applicable to the countries and private entities. The International space law does not have explicit ban on the use of space for the purpose of extraction and commercial exploitation of natural resources. However, natural resources are a part of outer space and celestial bodies; therefore, in the absence of special norms regulating their legal status and regime of usage, they should fall under the legal regime established for outer space and celestial bodies. The author observes a trend of development of legal regime for the use of natural resources of outer space on the national level with transition to the international level. The acquired results can be applied in interpretation of the provisions of international space law and development of international norms with regards to legal status and regime of usage of natural resources in outer space.
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Nekrašas, Leonas. "Lithuanian–Latvian Local Border Traffic, 1919–1939." Lietuvos istorijos studijos 44 (December 20, 2019): 62–75. http://dx.doi.org/10.15388/lis.2019.44.4.
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Today, both Lithuania and Latvia are part of the Schengen Area, which means their citizens can freely travel between these states. The situation was different during the interwar years: the border between these Baltic Republics was strictly guarded, and traveling abroad was more complex. However, the order crossing for local residents of the border area was simplified by the local border traffic regime agreed upon by both countries. This paper aims to explore the evolution of Lithuanian-Latvian local border traffic policy in the interwar period and its impact on locals (primarily on Lithuania’s side). In the first few years after the establishment of the new states, border crossings for residents of Lithuania’s border area were regulated by internal state legislation. Initially, people were devastated by the requirement to cross the border only at sparsely placed border crossing points, the restrictions on trade, and the radical reduction of the border area. After the peaceful settlement of the Lithuanian-Latvian border in 1921, newly signed bilateral treaties began to solve the crucial problems of the locals. However, there were instances of bilateral friction and various incidents; authoritarian state structures also had reservations based on the issue of potentially unfavorable foreign influences. The breakthrough in the diplomatic relations between Lithuania and Latvia in the 1930s saw a new level of liberalization of the local border traffic policy. A positive impact was widely felt among the locals. However, certain economic concerns made this new policy short-lived. In the interwar years, grievances and discontent toward the new border relations were gradually replaced by acceptance and adaptation. Bilateral cooperation made it possible to react to and suit the needs of the people. The overall Lithuanian-Latvian local border traffic regime showed a tendency of liberalization over time, a process which was curtailed by certain political and economic realities and considerations.
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Tomuschat, Christian. "Die Zukunft des Völkerrechts." Juridica International 26 (November 13, 2017): 3. http://dx.doi.org/10.12697/ji.2017.26.01.
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The international legal order today constitutes a truly universal legal system. It has received guiding principles through the United Nations Charter: ever since this ‘Constitution for the world’ began operating, sovereign equality of states, self‑determination of peoples, and human rights have been key components of this architecture, which has reached a state of ‘conceptual unity’ belying the talk of ‘fragmentation’ of international law that so fascinated scholars in their debates only a short while ago. The great peace treaties of 1648, 1815, and 1919, as Euro‑centric instruments influenced by the interests of the dominant powers, could not bring about a peaceful world order. After World War II, it was, in particular, the inclusion of the newly independent states in the legislative processes that has conferred an unchallenged degree of legitimacy on international law. Regrettably, its effectiveness has not kept pace with its normative growth. Some islands of stability can be identified. On the positive side, one can note a growing trend to entrust the settlement of disputes to formal procedures. Yet the integration of human rights in international law – a step of moral advancement that proceeds from the simple recognition that, precisely in the interest of world peace, domains of domestic and international matters cannot be separated one from the other as neatly as postulated by the classic doctrine of international law – has placed enormous obstacles before international law. It must be expected that the demand for more justice on the part of developing nations will subject the international legal order to even greater strain in the near future. Currently, chances are low that the issue of migration from the poorer South to the ‘rich’ North can be resolved.
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Duben, Andrei Kirillovich. "International Cooperation of States in the Field of Information Security." Международное право и международные организации / International Law and International Organizations, no. 4 (April 2022): 120–29. http://dx.doi.org/10.7256/2454-0633.2022.4.39513.
Full textAbstract:
The article deals with topical issues related to the development of the international information security system and shows the main directions of the development of information security in international and information law. The cross-border nature of the use of information and telecommunication technologies makes it necessary to ensure a common and indivisible international information security. The lack of a uniform interpretation of the content of the concept of "information security" in the legislation of different States and in the international treaties concluded by them does not contribute to the development of a consistent terminology for the purposes of international cooperation at the universal level. It is concluded that the key role in the mechanism of ensuring international information security is played by legal norms adopted at the international and national level. At the same time, the problems of forming a system of legal regulation of information security have an interdisciplinary nature, including issues of the application of norms, rules and principles of responsible behavior of States designed to promote an open, safe, stable, accessible and peaceful information and communication environment. The main conclusions of the study are that international cooperation of states in the field of information security determines the further direction of development in the form of the adoption of new important international agreements on certain aspects of ensuring international information security, at the same time, in the context of information warfare, the priority is to combine efforts to ensure international and national information security. Determining the importance of ensuring information security in the context of modern challenges, threats and risks, we believe that interstate cooperation contributes to the further formation of coordination measures to respond to these threats and the development of legal support for information security in general.
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Cutter. "Peace with Pirates? Maghrebi Maritime Combat, Diplomacy, and Trade in English Periodical News, 1622–1714." Humanities 8, no. 4 (November 20, 2019): 179. http://dx.doi.org/10.3390/h8040179.
Full textAbstract:
Commonly represented in contemporary texts and modern historiographical accounts as a dangerous and alien region, characterised by piracy and barbarism, the history of the early modern Maghreb and the cultural impact it had on British society is one highly limited by indirect sources, cultural, political, and religious biases, and the distorting influence of Orientalist and colonial historiography. Historians have drawn on a wide range of popular media and government-held archival material, each with its own limitations, but one important corpus has been neglected. Drawn from up-to-date and trusted sources and distributed to vast audiences from a wide range of social groups, periodical news publications provide a vast and fruitful body of sources for evaluating popular and elite English viewpoints on Maghrebi piracy. This paper draws upon a corpus of 3385 news items comprising over 360,000 words relating to the Maghreb and its people, drawn from Stuart and Republican English news publications, with a view towards examining the discourse and reality around Maghrebi maritime combat, diplomact and trade in seventeenth- and early eighteenth-century England. To what extent did maritime combat dominate coverage of the Maghreb, over other social, political and military events? Why did news writers use the word ‘pirate’ so infrequently to describe Maghrebi ships? Was Maghrebi piracy chaotic and unfettered, or did peace treaties and consular presence lead to stable trade relations? Were Maghrebi economies seen to be fundamentally built on naval predation, or was real benefit available from peaceful engagement with the Maghrebi states? Examining these and other questions from English news coverage, this paper argues that the material in English periodical news is generally consistent with what we know of the military, diplomatic and economic conditions of the time, surprisingly neutral in tone with a possible emphasis on positive stories when dealing with British–Maghrebi relations, and increasingly after the Restoration played a significant role in influencing British popular discourse.
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Zonova, T. V., and A. Giannotti. "Russia and the West: Contradictory Dialogue." MGIMO Review of International Relations 13, no. 1 (March 3, 2020): 23–38. http://dx.doi.org/10.24833/2071-8160-2020-1-70-23-38.
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The authors focus on the historical evolution of the relations between Russia and the West and attempt to suggest their own vision on the future prospects. The aforementioned relationship span centuries of history. At times, these relations were peaceful, while at times, “Russophobia,” on the one hand, and anti-Western feelings, on the other, served as a backdrop to military clashes. The authors pay special attention to the events of recent decades that have posed new threats and challenges. Given the current militarization and securitization of world politics, strategic stability, which is highly dependent on relations between Russia and the West, is being called into question. After Crimea became part of the Russian Federation and hostilities began in the Donbass region, anti-Russian sanctions were imposed, and Russia, in turn, passed counter-sanctions legislation. Therefore, Russia’s relations with the United States have sharply deteriorated. Likewise, comprehensive ties with the European Union have been frozen. The West, mainly the United States and UK, has launched anti-Russian campaign. As a mirror response Russian media also dazzles with speculations about "the decay and decline of the West". Consequently, Russia has declared its “shift to the East”. A real psychological war is being waged between Russia and the West, with both sides resorting to the latest advanced technology in their propaganda. A number of Russian politicians grew supportive of some Western movements and parties of the right spectrum, the so called “sovranists” who aimed at withdrawing their countries from international treaties and unions. Meanwhile, Donald Trump’s victory in the 2016 elections as the Republican right-wing candidate, who pledged to improve US-Russia relations, was much praised in Moscow. The authors conclude that recent constructive Russian-American meetings and the 2019 meeting in the Normandy Format which contributes to conflict resolution in the South-East of Ukraine can facilitate positive developments of Russia’s relations with the West.
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Lysenko, M. N. "Legal Issues and Prospects for No Placement of Weapons in Outer Space." Journal of Law and Administration 15, no. 2 (October 10, 2019): 29–37. http://dx.doi.org/10.24833/2073-8420-2019-2-51-29-37.
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Introduction. The article analyzes the current situation in the use of outer space, which is characterized by the expansion of outer space activities, increased competition and a dangerous trend of the possible placement of weapons in outer space. After examining the existing international outer space law, the author identifies gaps in international treaties that must be addressed in order to prevent the deployment of weapons in outer space. Particular emphasis is placed on the study on the assessment of effectiveness of international legal efforts of the Russian diplomacy in dealing with this urgent task.Materials and methods. The methodological basis of the study comprises general scientific methods of knowledge: analysis, synthesis, induction/deduction, analogy, as well as special scientific methods: comparative legal, formal legal and statistical methods.Results of the study. It was revealed that international outer space law has been developing from the beginning in the logic of limitations on the military use of outer space. However, they are selective and permit the deployment in outer space of non-nuclear weapon systems. There is a real threat of weapons being deployed in outer space especially because the USA is not even hiding such an intention. A number of negotiating bodies exist to eliminate this threat by international legal means. Russia continues an active diplomatic work in the UN, at the Conference on Disarmament and other locations. The author demonstrates that support for Russian initiatives is growing, but they are persistently confronted by the United States and their allies.Discussion and conclusion. Based on the results of the analysis and expert opinions the author advances specific proposals in support of Russia’s diplomatic efforts to prevent confrontation in outer space. It is recommended that the number of countries which pledged not to be the first to place weapons in outer space should be expanded; that this subject should be included in the BRICS documents; that the second conference on peaceful use of outer space dedicated to the 60th anniversary of the Yuri Gagarin space flight should be to be held in Moscow in 2021.
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Kwiatkowska, Barbara. "The Australia and New Zealand v Japan Southern Bluefin Tuna (Jurisdiction and Admissibility) Award of the First Law of the Sea Convention Annex VII Arbitral Tribunal." International Journal of Marine and Coastal Law 16, no. 2 (2001): 239–93. http://dx.doi.org/10.1163/157180801x00081.
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AbstractThe Southern Bluefin Tuna (Jurisdiction and Admissihilily) Award of 4 August 2000 marked the first instance of the application of compulsory arbitration under Part XV, Section 2 of the 1982 UN Law of the Sea Convention and of the exercise by the Annex VII Tribunal of la compétence de la compétence pursuant to Article 288(4) over the merits of the instant dispute. The 72-paragraph Award is a decision of pronounced procedural complexity and significant multifaceted impacts of which appreciation requires an in-depth acquaintance with procedural issues of peaceful settlement of disputes in general and the-law-of-the-sea-related disputes in particular. Therefore, the article surveys first the establishment of and the course of proceedings before the five-member Annex VII Arbitral Tribunal, presided over by the immediate former ICJ President, Judge Stephen M. Schwebel, and also comprising Judges Keith, Yamada. Feliciano and Tresselt. Subsequently, the wide range of specific paramount questions and answers of the Tribunal are scrutinised against the background of arguments advanced by the applicants (Australia and New Zealand) and the respondent (Japan) during both written and oral pleadings, including in reliance on the extensive ICJ jurisprudence and treaty practice concerned. On this basis, the article turns to an appraisal of the impacts of the Arbitral Tribunal's paramount holdings and its resultant dismissal of jurisdiction with the scrupulous regard for the fundamental principle of consensuality. Amongst such direct impacts as between the parties to the instant case, the inducements provided by the Award to reach a successful settlement in the future are of particular importance. The Award's indirect impacts concern exposition of the paramount doctrine of parallelism between the umbrella UN Convention and many compatible (fisheries, environmental and other) treaties, as well as of multifaceted, both substantial and procedural effects of that parallelism. All those contributions will importantly guide other courts and tribunals seised in the future under the Convention's Part XV, Section 2.
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Matveevskaya, Anna S., Sergey N. Pogodin, and Jun Tao Wang. "Russia and China in the field of international tourism." Vestnik of Saint Petersburg University. Philosophy and Conflict Studies 36, no. 2 (2020): 384–93. http://dx.doi.org/10.21638/spbu17.2020.214.
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International tourism is an instrument of diplomatic, socio-cultural and economic cooperation of states that have realized the importance of international relation trend in the modern world. This is stipulated by the elevation of the role of tourism for the world economy and interstate diplomacy, for social and economic living conditions of the population, the formation of a state’s identity in the international arena, for improving a country’s reputation, and participation in foreign policy as a whole. The most dynamically developing region of the world economy is Northeast Asia, which has become a region with the greatest potential for development of the world tourism industry. Russia and China are superpowers in Northeast Asia and are rich in tourism resources and markets that will play an important role in the future global tourism industry. The purpose of this study is to provide comprehensive coverage of important events in the field of cooperation in tourism between China and Russia, to form a holistic picture of cooperation between the two countries in the tourism industry. The main method of research is analysis — aspects of the current international situation in the field of tourism are considered, and a detailed review of the situation of Russia and China as tourist destinations is conducted. The work was carried out on the basis of studying and using fundamental national and international research in the following scientific areas: mechanism of international cooperation between the two countries in international tourism, prescribed in treaties and agreements; Russian territories attractive to Chinese tourists; development of joint tourist routes. The results of the study showed that with regular contact between people from the two countries it is possible to create favorable conditions for cooperation and to achieve truly mutually beneficial results. Collaboration and cooperation of the states, national organizations on tourism development, makes it possible to increase the incomes of the states, attracting foreign capitals, and partially reorient the economy and legislation to attract foreign tourists. Successful diplomatic negotiations, and maintenance of a stable peaceful existence of the world community, promotes the expansion of the tourism sphere that positively influences the economy and development of culture in the Russian Federation and the People’s Republic of China.