Some Main Directions of International Law: A Canadian Perspective

Author(s):  
Maxwell Cohen

Launchings are Fashionable in the space age. But to “launch” a Canadian Yearbook of International Law has nothing of the drama of a Canaveral countdown nor does it represent the combined technology of an era at its highest point of achievement. Yet it may be regarded as a desirable national effort to provide a forum for the data and the ideas of international law derived both from Canadian experience and from general theory and practice.

2021 ◽  
pp. 97
Author(s):  
Valerii V. Melnik

Continuing to explore the philosophical, moral-psychological, socio-psychological, legal-psychological and rhetorical problems of criminal proceedings, the author, using the methodology of system analysis in order to formulate and substantiate the problem within the framework of this article, identifies the main directions of the philosophical and scientific foundations of a realistic approach to understanding and cognition of the truth, including in criminal proceedings. The article analyzes the significance of the classical (correspondent) theory of truth as the initial epistemological basis of a realistic approach to understanding and cognition of truth in any sphere of cognitive activity, including in realistic epistemology, lawmaking, theory and practice of criminal proceedings. The author notes that the idea of truth as an integral part of the worldview of legislators, scientists and practicing lawyers is constructively used in the construction of a legally correct and fair preliminary investigation and trial in the Russian Federation, corresponding to the ideals of a democratic rule of law and standards of modern International Law, only when the court and participants in criminal proceedings on the part of the prosecution profess a non-relativistic, and a realistic approach to understanding and cognition of truth in the spirit of the correspondent (classical) theory of truth, the provisions of which in a dialectically “removed”, developed form are an integral part of realistic epistemology, including the dialectical-materialistic concept of cognition.


Grotiana ◽  
2020 ◽  
Vol 41 (2) ◽  
pp. 263-281
Author(s):  
Valentina Vadi

Abstract Gentili’s conceptualization of war as a conflict between states attempted to limit the legitimacy of war to external wars only, thus precluding the legitimacy of civil wars. It reflected both the emergence of sovereign states and the vision of international law as a law among polities rather than individuals. The conceptualization of war as a dispute settlement mechanism among polities rather than a punishment for breach of the law of nations and the idea of the bilateral justice of war humanized the conduct of warfare and the content of peace treaties. The idea of perfect war excluded brigandage, piracy, and civil wars from its purview. Some scholars have suggested that perfect war had a dark side, legitimizing imperial expansion. Others have cautioned that Gentili explicitly opposed imperial expansion rather adopting anti-imperialist stances. This article suggests that these ambivalent readings of the Gentilian oeuvre reflect the ambivalence of the early modern law of nations. Under the early modern law of nations, aggression for the sake of empire was clearly unjust; nonetheless, imperial expansion took place. Whereas ‘a law which many transgress[ed] [wa]s nonetheless a law’, there was a wide divide between theory and practice.1


Author(s):  
Richard Frimston

The cross-border protection of adults is an area of Private International Law, in which theory and practice may very often be in rather different places. In Chapters 2 has set out the broad Private International Law concepts likely to be encountered in adult protection. Chapters 3 describes the history and development from Roman law of internal law relating to the protective regimes that have existed and evolved for adults with an impairment and makes some comparisons.


2020 ◽  
Vol 75 ◽  
pp. 01001
Author(s):  
Hanna Tsvietkova ◽  
Olena Beskorsa ◽  
Liudmyla Pryimenko

The article focuses on a holistic retrospective analysis of the history of media education in Canada, which has been done for the first time. Based on the theoretical findings of Canadian media educators, the authors substantiate the periodization, identify the trends, the periodization criteria and three main periods of establishment and development of Canadian media education in the context of sociopolitical and socio-pedagogical determinants. The historical preconditions of the development of media education in Canada are revealed. The essence of media education is regarded as a theory study and development of practical skills for mastering modern mass media, which is considered as part of a specific, autonomous field of knowledge in pedagogical theory and practice. The authors determine that media education is associated with all types of media, which include the set of information and communication tools that each person interacts with in everyday life: printed (newspapers, magazines), auditive (radio, audio) and screen or audiovisual media (cinema, TV, video, multimedia, Internet, etc.); they identify the essential characteristics of media education, determine that media education is the form of media literacy and media culture of an individual; as well as they find out, characterize and systematize the gaps in media education in Canada. The article presents the evolution of media education programs, techniques as well as media education associations. In the context of studying the experience of Canadian media theorists and practitioners, the necessity of applying positive Canadian experience to solve the problems of implementing media education in Ukraine in terms of reforming and humanizing its educational space has been substantiated.


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