Suchergebnisse

AbstractThe idea of state of exception and sovereignty presented by Italian political philosopher Giorgio Agamben in the aftermath of post September 11 context generated a new discourse in the realms of public law and political philosophy on how law and its protection becomes invalid under state of exception as Agamben showed how suspension of constitutional liberties within so called state of exception legally erases any status of an individual regardless international legal or constitutional norms. However, this article seeks to examine how Agamben had excluded the nature of state of emergency doctrine in colonial societies under European colonialism, where emergency regulations were frequently adopted by colonial masters in subordinating the colonized and at the same time this article will focus on the racial element appeared behind enacting state of emergency in both colonial era and modern states. The objective of this article lies in underpinning much important, yet neglected two factors in whole state of emergency scenario. The results emerging from this article will demonstrate how Eurocentric academic thinking has abandoned some real pertinent issues in constructing the notion on state of emergency.

This article seeks to examine Russia's recent interest in uplifting the status of Orthodox church as a pivotal factor in the state. Most importantly, the position of Orthodox Church has grown rapidly during Putin's administration as a solacing factor to fill the gap emerging from the fall of the Soviet Union. The sixteenth-century doctrine propounded by Filofei called 'Third Rome', which profoundly portrayed Moscow as the last sanctuary for Eastern Christianity and the nineteenth-century nationalist mantra of 'Orthodoxy, Nationality, and Autocracy', is rejuvenated under Putin as the new ideological path to move away from the Western influence. Specifically, it is an evident factor that ideological movement that rigidly denies Russia's hobnobbing with the Liberal West is rather intensified after the Crimean crisis in 2014. Under this situation, Putin's usage of Orthodoxy and Russia's spiritual legacy stands as a direct political tool, expressing Russia's uniqueness of the global affairs. This article will critically examine the historical trajectory of the Orthodox Church in Russia as an indicator of its distinctiveness.

This Article seeks to examine the Russia's recent interest in uplifting the status of Orthodox church as a pivotal factor in the state and beyond that. Most importantly the position of the Orthodox church has grown rapidly during Putin's administration as a solacing factor to fill the gap that emerged from the fall of Soviet Union. The 16th century doctrine propounded by Filofei called "Third Rome", which profoundly portrayed Moscow as the last sanctuary for Eastern Christianity and the 19th century nationalist mantra of "Orthodoxy, Nationality and Autocracy" have been rejuvenated under Putin as new ideological path to move away from Western influence. It has been especially evident that the ideological movement that rigidly denies Russia's hobnobbing with the Liberal West has been rather intensified after the Crimean crisis in 2014. Under this situation Putin's usage of Orthodoxy and Russia's spiritual legacy stand as a direct political tool expressing Russia's uniqueness in global affairs. This article will critically examine the historical trajectory of Orthodox church in Russia as an indicator of its distinctiveness.

The power politics has always been a great obstacle in reaching the just consensus in international law. In particular, the political realist approaches stemming from the powerful states often undermine the equality and justice in international legal sphere. Yet the judicial wisdom of some of the outstanding judges in the International Court of Justice have shown a remarkable audacity against trickiest power politics. This article unveils the universalist approach used by outstanding jurist late judge C. G. Weeramantry during his tenure at ICJ. This article seeks how judge Weeramantry delivered his judgements and advisory opinions as a jurist emerged from the Global South. This paper will assess the contribution made by Judge Weeramantry in a complex judicial space filled with power politics from both legal and philosophical perspectives.

The modern international law is considered an offshoot of European intellectual contributions as its basic foundation is deeply imbued with the political and social upheavals took place in European history. As an example, the Westphalian order emerged in the culmination of thirty years war in 1648 was regarded as the most pivotal mile stone in modern history of international law. Yet the European domination and its intellectual contribution to the development of international law systematically excluded non-European nations from international law and its protection, which finally paved the path to use international law in the 19th century as a tool of legitimizing the colonial expansion. This paper seeks to trace the historiography of modern international law and its dubious nature of disdaining non-Europeans and their civilizational thinking. Furthermore, this paper argues how European historical encounters carved the map of international law from a vantage point, which gave an utter prominence upon the European intellectual monopoly. The results emerge from this paper will strongly suggest the need of an alternative scholarship to unveil the history of international law.