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Is there an intersection between the application of Public International Law with the political conduction of international relations? Should International Law, International Order and International Rules be redefined? How can such an intersection be found? The investigation seeks to extrapolate new definitions and an International Law axiom by utilizing sundry approaches to the state of the question which is properly laid out as well as some terms defined previous to the discussion by utilizing "approaches." The investigation is carried out by using the Cartesian method or that of Descartes and followers and the formal and material logical structures. Eventually new definitions and an axiom by extrapolating analyses categories are laid out. Hence, approaches such as the "legalistic" one, the "natural law" one, the "religious," the "extra-legal" one, the "eclectic" one, the "effective" one and the "UN proposed" one are analyzed in-depth upon observing the experience and current factual situation even though noting that those approaches are neither mutually exclusive nor "pure," but representative as the examples supporting them show. The paper's bottom line is no other than zeroing in on one of the oldest of International Law's wounds: That of its effectiveness. But by pointing out various moot points and by reflecting on the different reality stages, one can conclude that the material mission of the law as well as the aims of international order are eventually attained. Nonetheless in concluding and setting out the axioms and new definitions, the existing political power within a democratic framework should not be overlooked as the praxis of International Law meets that of international power to form then a juxtaposition. So, regardless of some international instruments being deemed as substantial law, one has to ask whether what the international community calls "breaking of law," is rather a breaking of procedures or adjective mandates. ; ¿Existe un punto de equilibrio o balance entre lo que es la aplicación del derecho internacional público y el manejo político de las relaciones internacionales? ¿Deben los conceptos de Derecho Internacional, Orden Internacional y Reglas Internacionales ser redefinidos? ¿Cómo se puede encontrar un punto de equilibrio? Esta investigación busca la extrapolación de nuevas definiciones y de un axioma de Derecho Internacional utilizando para ello varias aproximaciones al estado de la cuestión que es presentada así como términos previamente definidos en forma anterior al inicio de la discusión que utiliza las denominadas "aproximaciones." La investigación se lleva a cabo usando el método cartesiano y las estructuras de la lógica formal y material. Al final, nuevas definiciones y un axioma son presentadas usando para ello distintas categorías de análisis. Así, "aproximaciones" como la "religiosa o teocrática," o la "extra-legal," o la "legalista," o la "efectiva," o la del "derecho natural," la "ecléctica," la del "deber ser" y finalmente la "efectiva" son analizadas en profundidad a través de la observación de la experiencia y la situación actual, aun cuando haciendo notar que dichas aproximaciones no son mutuamente excluyentes, no tampoco "puras," pero sí representativas como los ejemplos que las soportan muestran. La idea subyacente de la investigación no es otra que centrarse en uno de los temas más importantes del derecho internacional: su efectividad. Pero al señalar varios puntos de discusión y a través de la reflexión de los diferentes escenarios reales, se puede concluir que la misión material del derecho internacional al final se cumple. No obstante, al concluir y al trazar el axioma y nuevas definiciones, no puede olvidarse el poder político existente dentro de un marco democrático por cuanto la praxis del derecho internacional se encuentra con la del poder internacional para formar una intersección. De tal manera, que independientemente de que algunos instrumentos internacionales se tengan como norma sustantiva, debe preguntarse uno si lo que la comunidad internacional llama "violación del derecho" no es una pero de meras reglas adjetivas.

Is there an intersection between the application of Public International Law with the political conduction of international relations? Should International Law, International Order and International Rules be redefined? How can such an intersection be found? The investigation seeks to extrapolate new definitions and an International Law axiom by utilizing sundry approaches to the state of the question which is properly laid out as well as some terms defined previous to the discussion by utilizing "approaches." The investigation is carried out by using the Cartesian method or that of Descartes and followers and the formal and material logical structures. Eventually new definitions and an axiom by extrapolating analyses categories are laid out. Hence, approaches such as the "legalistic" one, the "natural law" one, the "religious," the "extra-legal" one, the "eclectic" one, the "effective" one and the "UN proposed" one are analyzed in-depth upon observing the experience and current factual situation even though noting that those approaches are neither mutually exclusive nor "pure," but representative as the examples supporting them show. The paper's bottom line is no other than zeroing in on one of the oldest of International Law's wounds: That of its effectiveness. But by pointing out various moot points and by reflecting on the different reality stages, one can conclude that the material mission of the law as well as the aims of international order are eventually attained. Nonetheless in concluding and setting out the axioms and new definitions, the existing political power within a democratic framework should not be overlooked as the praxis of International Law meets that of international power to form then a juxtaposition. So, regardless of some international instruments being deemed as substantial law, one has to ask whether what the international community calls "breaking of law," is rather a breaking of procedures or adjective mandates. ; ¿Existe un punto de equilibrio o balance entre lo que es la aplicación del derecho internacional público y el manejo político de las relaciones internacionales? ¿Deben los conceptos de Derecho Internacional, Orden Internacional y Reglas Internacionales ser redefinidos? ¿Cómo se puede encontrar un punto de equilibrio? Esta investigación busca la extrapolación de nuevas definiciones y de un axioma de Derecho Internacional utilizando para ello varias aproximaciones al estado de la cuestión que es presentada así como términos previamente definidos en forma anterior al inicio de la discusión que utiliza las denominadas "aproximaciones." La investigación se lleva a cabo usando el método cartesiano y las estructuras de la lógica formal y material. Al final, nuevas definiciones y un axioma son presentadas usando para ello distintas categorías de análisis. Así, "aproximaciones" como la "religiosa o teocrática," o la "extra-legal," o la "legalista," o la "efectiva," o la del "derecho natural," la "ecléctica," la del "deber ser" y finalmente la "efectiva" son analizadas en profundidad a través de la observación de la experiencia y la situación actual, aun cuando haciendo notar que dichas aproximaciones no son mutuamente excluyentes, no tampoco "puras," pero sí representativas como los ejemplos que las soportan muestran. La idea subyacente de la investigación no es otra que centrarse en uno de los temas más importantes del derecho internacional: su efectividad. Pero al señalar varios puntos de discusión y a través de la reflexión de los diferentes escenarios reales, se puede concluir que la misión material del derecho internacional al final se cumple. No obstante, al concluir y al trazar el axioma y nuevas definiciones, no puede olvidarse el poder político existente dentro de un marco democrático por cuanto la praxis del derecho internacional se encuentra con la del poder internacional para formar una intersección. De tal manera, que independientemente de que algunos instrumentos internacionales se tengan como norma sustantiva, debe preguntarse uno si lo que la comunidad internacional llama "violación del derecho" no es una pero de meras reglas adjetivas.

This book presents a distinctive approach to the study of war and its law. It provides a vehicle for students from various disciplines -- historical analysis, international relations theory, law and economics, behavioral economics and psychology, science and technology (including the study of the environment), sociology, political philosophy, moral and ethical theory, and comparative religion -- to work together in addressing the cutting edge issues presented in the modern law of war. Practical activity in the law of war – in governments, international governmental and nongovernmental organizations, and elsewhere -- now requires an ability to understand the language of practitioners in other disciplines who participate in the formation of new norms and their application in the law of war; and practitioners in those other disciplines who participate in the formation and application of the law of war now also need to have an understanding of the distinctive features of international law as a separate discipline. Thus, much as war itself is too important to be left to generals, the law of war is too important to be left to international lawyers alone. The book can be used in research seminars in international law at law schools, graduate programs in these various disciplines, and even in advanced courses at the undergraduate level, with the goal of enabling students to develop interdisciplinary fluency in discussion of the case studies ranging from the Melian Dialogue to the Nuclear Weapons Advisory Opinion of the International Court of Justice. ; https://scholarship.law.edu/fac_books/1128/thumbnail.jpg

The article is devoted to the study and analysis of such areas of civil law as non-contractual structures, within the inheritance law of individual European Union countries, the emergence, development and implementation of such structures in regulations governing the inheritance procedures of countries such as Poland, Czech Republic, Republic of Lithuania and the Republic of Latvia. The purpose of the study in the monograph is a comprehensive analysis of the nature and specifics of legal and doctrinal bases of regulation and practice of non-contractual constructions in the inheritance law of individual EU countries (Poland, Czech Republic, Lithuania, and Latvia). As a result of the study the concept of non-contractual constructions of inheritance law is formed in the work. The types of non-contractual constructions, first of all their dialectical classification, architecture and place in the system of inheritance law are singled out and analyzed. An analysis of their identification and separation in different states, depending on the legal family, traces the integrity of the fundamental structure of knowledge about the obligatory rights of the testator within the will, heirs and beneficiaries in their biocentric expression and in the context of social ties. Emphasis is placed on rethinking and solving some problems in inheritance law, from the point of view of new world realities.

rezensiertes Werk: Kawaguchi, Kazuko Hirose: A Social Theory of International Law, International Relations as a Complex System (International Law in Japanese Perspective, Band 10). Leiden/Boston : Martinus Nijhoff Publishers, 2003. - 316 S. ISBN: 90-411-2158-7

Each volume includes a "Note on the competent authorities having jurisdiction in labour matters" and a list of abbreviations. ; 1925-1926 include legal decisions of England, France, Germany and Italy; 1927-1938 also those of the United States. ; At head of title: International Labour Office. ; Each volume includes a "Note on the competent authorities having jurisdiction in labour matters" and a list of abbreviations. ; 1925-1926 include legal decisions of England, France, Germany and Italy; 1927-1938 also those of the United States. ; Mode of access: Internet.

Mediation is a procedure in which an intermediary without decision-making powers (the mediator) systematically facilitates communication between the parties of a conflict with the aim of enabling the parties themselves to take responsibility for resolving their dispute. Mediation is a highly flexible and adaptable process - a factor that can create challenges for regulators. The goals of this book are to: describe the regulatory landscape of mediation; outline the parameters of a regulatory project about mediation; offer a step-by-step guide to making policy and law about mediation; and generate enthusiasm among a wide range of regulatory stakeholders to become involved in shaping the future of mediation. The introduction sets out the goals and structure of the book before explaining some ideas that inform the approach to the topic. Chapter two offers an international overview of the regulatory landscape that considers the different ways in which people can access mediation. Chapter three commences the regulatory project. Chapter four leads into the next stage of making mediation law, which involves making decisions about the content and regulatory form that one wish to use to regulate various aspects of mediation. Chapter five looks at success factors, pitfalls, and lessons learned. Finally, chapter six provides regulatory topics checklist.

The 1951 Convention Relating to the Status of Refugees (&ldquo ; Refugee Convention&rdquo ; ) defines &lsquo ; persecution&rsquo ; based on five enumerated grounds: race, religion, nationality, membership of a particular social group, and political opinion. This list of protected groups has not changed in the nearly 70 years since its inception, although the political and social context that gave rise to the Refugee Convention has changed. This article examines how &lsquo ; membership in a particular social group&rsquo ; (&ldquo ; MPSG&rdquo ; ) has been interpreted, then surveys international human rights law, transnational criminal law, international humanitarian law, and international criminal law instruments to determine whether MPSG can encompass the broader protections afforded under other international law regimes. It concludes that the enumerated grounds are largely consistent with other instruments and protects, or at least has the potential to protect, many of the other categories through MPSG. However, as this ground is subject to domestic judicial interpretation and various analytical approaches taken in different countries, protection could be enhanced by amending the Refugee Convention to explicitly include additional protected groups from these other areas of international law, specifically international human rights law and international criminal law.

The term hypernormalization was initially used by Berkeley anthropologist Alexei Yurchak to describe how the population in the 1980s Soviet Union – despite the apparent malfunctioning of the political and societal system – maintained a pretense of its functioning. Thus hypernormalizing the status quo means accepting an artificial world created by citizens and politicians alike as real although one knows about its 'fakeness'. This blogpost discusses in what way international law serves purposes of hypernormalization and what international lawyers can do about it.

Bibliography: p.xv-xvi. ; Appendix XII. Declaration of London -- Appendix XII. United States neutrality laws -- Appendix XIV. Procedure in Prize Court -- Appendix XV. Digest of important cases arranged under titles. ; Appendix II. Declaration of Paris -- Appendix III. Convention for the amelioration of the conditions of the wounded in armies in the field, Geneva, July 6, 1906 -- Appendix IV. Convention for the pacific settlement of international disputes -- Appendix V. Convention with respect to the laws and customs of war on land -- Annex to the convention: regulations respecting the laws and customs of war on land -- Appendix VI. Convention respecting the rights and duties of neutral powers and persons in case of war on land -- Appendix VII. Convention relative to the status of enemy merchant-ships at the outbreak of hostilities -- Appendix VIII. Convention for the adaptation to naval war of the principles of the Geneva Convention -- Appendix IX. Convention with regard to the exercise of the right of capture in naval war -- Appendix X. Convention relative to the creation of an international prize court -- Appendix XI. Convention concerning the rights and duties of neutral powers in naval war -- ; pt. I. General and historical. Definition and general scope -- Nature of international law -- Historical development -- Sources of international law -- pt. II Persons in international law. States -- Legal persons having qualified status -- pt. III. International law of peace. General rights and obligations of states -- Existence -- Independence -- Equality -- Jurisdiction -- Property -- Diplomacy and international relations in times of peace -- Treaties -- Amicable settlement of disputes and non-hostile redress -- pt. IV International law of war. War -- Status of persons in war -- Status of property on land -- Status of property at sea -- Conduct of hostilities -- Termination of war -- pt. V. International law of neutrality. Definition and history of neutrality -- Relations of neutral states and belligerent states -- Neutral relations between states and individuals -- Appendix I. Instructions for the government of armies of the United States in the field -- ; Mode of access: Internet.

This research presents the effect of innovation in the educational methodology applied to the teaching of topics in different areas, especially in public international law, trying to demonstrate how learning can be stimulated through artistic awareness. When comparing the different generations of students, we wonder if it is possible for teachers to follow the step of digital natives. In order to fill this generation gap, Tecnológico de Monterrey proposed to support projects of experimentation in educational innovation in various topics related to improving the teaching-learning process. Based on this premise, a group of teachers generate a model of educational innovation training, to facilitate learning for students through the development of creativity in how, when and where to generate learning, integrating challenging and interactive experiences through activities within the teaching practice. The use of traditional methods has led to the overwhelm of teachers, fatigue and pressure, therefore, the contribution of this project is aimed at the teacher to internalize his innovative and creative work, and see himself as a leader transformative in its teaching practice, establishing new teaching-learning spaces. Implementing learning activities through the imagination and measuring the impact on the student of the use of creative activities allows us to improve what we currently do. For this, an interdisciplinary workshop was created (thought and word, mind and body, music, visual arts) where the teacher, through practical and experiential activities, stimulates his imagination, recognizes his talents in creative and innovative thinking and develops resources which then leads to their teaching practice, by designing challenging learning experiences that inspire the student to creatively solve tasks and projects. In order to carry out the objective, we gathered eight professors from different areas (law, international relations, political science, languages, architecture, art, cultural diffusion) convinced that creativity improves the teacher's performance who rethinks its activities to allow learn more dynamically. It was sought to improve the performance of students who appreciated the approach to the subjects through didactic methods that the teacher had modified according to the passions observed outside the classroom.

The UN Charter and the Vienna Convention on the Law of Treaties require interpreting treaties and settling international disputes "in conformity with the principles of justice and international law." This contribution discusses procedural and substantive principles of justice which the international judge may take into account in interpreting international economic agreements. The "sovereign equality of states" underlying the "international law of coexistence" as well as the "international law of intergovernmental cooperation" must be interpreted in conformity with the universal recognition of human dignity as a source of inalienable human rights. The universal recognition of economic and social human rights further requires taking into account solidarity principles, as proposed also by the sociological approach to international law. The constitutional structures and citizen-oriented functions of the law of international economic organizations liberalizing and regulating mutually beneficial market transactions among citizens require judges to engage in a careful balancing of state-centered and citizen-oriented principles of international law, including respect for the emerging human right to democratic decision-making. This modern "international integration law" and the increasing number of "international constitutional rules" promote the reconciliation of the various state-centered approaches, human rights approaches, sociological approaches and policy-approaches to international law as a system not only of international rules and "legal pluralism" but also of constitutionally limited decision-making processes and struggles for human rights.

International humanitarian and military law, although a seemingly area that has already been well elaborated, there are certain "gaps" that make it always actual, more precisely a topic that requires a constant update to the new challenges, in order to prevent their escalation. The aim of this paper is precisely that to get into the core of this international law. But in order to do so, we must begin from the beginning, first to give a retroactive brief of the conception of international humanitarian / military law. What is the idea of creation, but more importantly, what is the process of strengthening and establishing international military / humanitarian law? How successful is the implementation of the same, is it just a formally written utopian piece of paper? What are the international documents that are "compulsory literature" in this area? Are the well known conventions respectable? These are just a part of the issues that are being addressed today in the face of many crises that are still waiting for answers. Answers that we will try to analyze. Keywords: war, conventions, international law, international custom, justicе

Providing perspectives from a range of experts, including international lawyers, political scientists, and practitioners, this book assesses current theory and practice of economic sanctions, discussing current legal and political challenges faced by the international community.It examines both the implementation of sanctions by major powers – the United States, the European Union, and Japan – as well as assessing the impact of those sanctions through case studies of Russia, Iran, Syria, and North Korea. Balancing theoretical analysis of legal considerations with national and regional level empirical analysis, it also includes coverage of sanctions issues by the UN Security Council and the EU, as well as the extraterritorial application of sanctions.A valuable reference for academics and practitioners, Economic Sanctions in International Law and Practice will be useful to those working in the fields of international law, diplomacy, and international political economy.

Framing is pervasive in public international law. International legal norms (incl. soft law) and international politics both inevitably frame how international actors perceive a given problem. Although framing has been an object of study for a long time - be it in domestic or international politics - it has not been systematically explored in the context of social cognition and knowledge production processes in public international law. We aim to close this gap by examining the implications of framing effects for preference and belief formation in specific settings in public international law. By looking at issue framing in addition to equivalency framing (which includes most well-known gain-loss framing effects), we broaden the scope of framing effects as traditionally studied in behavioral law and economics by also including findings from research in political communication. In the first part of this chapter, we provide an overview of the experimental evidence of both types of framing, show how it has already been incorporated into neighboring disciplines to public international law, and untangle the difference between preference reversals and a change in beliefs. In the second part, we identify typical situations in public international law where framing effects play an important role in social cognition and knowledge production processes. Without claiming to be exhaustive, we focus on international negotiations, international adjudication, global performance indicators, and norm framing.