Sovereigns as Defendants

1910 ◽  
Vol 4 (2) ◽  
pp. 373-383 ◽  
Author(s):  
Nathan Wolfman
Keyword(s):  
International Law ◽  
Point Of View ◽  
Published Report ◽  
The Status ◽  
Municipal Law

A recent decision handed down by the Supreme Judicial Court of Massachusetts, and reported in its last published report, involves the broad consideration of the status of sovereigns as defendants both from the point of view of international and of municipal law. The decision concretely confirms the opinion that no matter from what point of view the theory of international law may be said to proceed, its doctrines are based on as firm principles of sound reasoning and justice as are the doctrines of the ordinary municipal law. And this notwithstanding the popular impression prevalent, especially among laymen, that international comity is the dominant principle of international law.

scholarly journals THE STATUS OF INTERNATIONAL LAW IN THE MALAYSIAN MUNICIPAL LEGAL SYSTEM: CREEPING MONISM IN LEGAL DISCOURSE?

2012 ◽  
Vol 16 (2) ◽  
Author(s):  
Farid Sufian Shuaib
Keyword(s):  
International Law ◽  
Legal System ◽  
International Institutions ◽  
Legal Discourse ◽  
Proper Place ◽  
Legal Opinions ◽  
The Status ◽  
Municipal Law ◽  
International Instruments ◽  
Global Neighbourhood

This article revisits the status of international law in the Malaysian municipal legal system and considers whether monism is the doctrine or the preferred doctrine in relation to the proper place of international law in Malaysia. This revisit is necessary because of the tendency in some legal writings and legal opinions to take a cavalier approach in using international instruments to dictate the content of municipal law. While observing the ascendancy of international institutions and instruments in determining international and national obligations, it is necessary to take stock of things to maintain a balance between being sovereign and being a member of the global neighbourhood.

scholarly journals The Individual in International Law: ‘Object’ versus ‘Subject

2019 ◽  
Vol 8 (1) ◽  
pp. 132
Author(s):  
Solomon E. Salako
Keyword(s):  
International Law ◽  
Criminal Liability ◽  
Vienna Convention ◽  
International Human Rights Law ◽  
Legal Personality ◽  
Investment Protection ◽  
The Status ◽  
Municipal Law ◽  
The Individual ◽  
International Legal Personality

There is uncertainty about the status of the individual in international law. The traditional positivist doctrine of international law is that States are the sole subjects of international law and that the individual is the object. The contemporary approach is that the individual is an original subject of international law and the owner of international individual rights. This approach relies for its justification on areas of international law such as investment protection treaties, intellectual property treaties, international human rights law, individual criminal liability in international law and Vienna Convention on Consular Relations where the individual has been brought into contact with international law. The objects of this article are: (i) to assess critically the various areas where the individual has been brought into contact with international law with a view to showing that the individual is not a full subject of international law; and (ii) to show that insofar as the individual possesses a limited locus standi in international law and a limited array of rights, that is, limited legal capacity, the proffered existence of an international legal personality of the individual is not only superfluous but also confuses international legal personality which involves the capacity to perform legal acts in the international sphere with legal personality in municipal law.

Sources and the Normativity of International Law

2018 ◽  
Author(s):  
Detlef von Daniels
Keyword(s):  
International Law ◽  
Practical Reasoning ◽  
Point Of View ◽  
Legal Philosophy ◽  
Soft Law ◽  
The Status

This chapter finds that questioning the normativity of the sources of international law inevitably leads into the domain of legal philosophy. For showing that legal philosophy itself is a contested field of approaches, a hermeneutic perspective on the question of normativity is developed that stresses historical and contextual forms of understanding. Incidentally, Kelsen’s theory serves as a switchboard to relate a variety of historical debates to the contemporary discourse in the tradition of analytical jurisprudence. In practical terms, the relevance of this approach is discussed regarding three contested topics: the status of general principles, soft law, and practical reasoning. The historical and theoretical awareness thus achieved provides reasons to oppose contemporary attempts to moralize the legal point of view.

scholarly journals Lex Succesionis – the Determination of Applicable Law of Inheritance in Private International Law

2021 ◽  
Vol 8 (1) ◽  
pp. 19-28
Author(s):  
Georgeta Cretu ◽  
Dumitrita Florea
Keyword(s):  
International Law ◽  
Civil Code ◽  
Point Of View ◽  
Private International Law ◽  
Limited Capacity ◽  
Applicable Law ◽  
Natural Person ◽  
The Status ◽  
The Guardian

The physical death of man leads, from a legal point of view, to the loss of the status of subject of law, but his patrimony, rights and obligations of patrimonial character, remain. Also, the deceased traditionally enjoys a certain respect, being protected, meaning that there was talk of a right of corpses to protect the privacy of their own image, a right to their integrity, a right to peace of last place and a right to respect for the memory of the deceased. The Civil Code in Articles 78 to 81 expressly provides for the regulation of rules likely to protect the non-patrimonial rights of the deceased person under the name of „Respect due to the person and after his death”. Thus, according to art. 80 paragraph (Lupaşcu, 2012, p. 112) of the Civil Code: „any person may determine his own funeral and may dispose of his body after death. In the case of those who do not have the capacity to exercise or those who have a limited capacity to exercise, the written consent of the parents or, as the case may be, of the guardian is also required”. Without the regulations regarding the respect of the natural person and after his death being irrelevant, the regulations regarding the fate of the deceased person's patrimony are much wider and more complex, making up the matter of successions. In art. 953 C. Civ, the inheritance is defined as the transmission of the patrimony of a deceased natural person to one or more persons in existence. The current Civil Code often uses the notion of inheritance, but the notion of succession has the same meaning, except that it is used less often.

International Court of Justice

1955 ◽  
Vol 9 (3) ◽  
pp. 415-419
Keyword(s):  
International Law ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Status ◽  
Municipal Law

JudgmentsNottebohtn Case: On April 6, 1955, the International Court of Justice ruled on the admissibility of Liechtenstein's claim in the Nottebohm case (Liechtenstein v. Guatemala). Liechtenstein had contended that Guatemala, in taking various actions in regard to Nottebohm, a naturalized citizen of Liechtenstein, had acted in breach of its obligations under international law, and should be required to make reparations; Nottebohm, Liechtenstein contended, had received his Liechtenstein nationality in accordance with Liechtenstein's municipallaw, and there had been no breach of international law in that connection. Guatemala had argued that the Court should declare the claim of Liechtenstein inadmissible, claiming that Liechtenstein had failed to prove that Nottebohm's nationality had been properly acquired under the terms of Liechtenstein municipal law, that naturalization had not been granted to Nottebohm in accordance with “the generally recognized principles in regard to nationality”, and that in any case, Nottebohm, who had formerly been a German national, appeared to have solicited Liechtenstein nationality fraudulently, with the sole object of acquiring the status of a neutral national before returning to Guatemala, and without any genuine intention of establishing a “durable link” between himself and Liechtenstein”.

scholarly journals Applicability of the rules of international humanitarian law to peacekeeping operations in regional crises

2021 ◽  
pp. 26-32
Author(s):  
Alexandru Cauia ◽  
◽  
Naif Jassim Alabduljabbar ◽  
Keyword(s):  
International Law ◽  
Point Of View ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Legal Rules ◽  
Peacekeeping Operations ◽  
Military Conflicts ◽  
The Status ◽  
The Subject

Reading the International Humanitarian Law, point of view of the status of subjects of Public International Law of the parties ist the only issue that involved in military conflicts matters so that they can be qualified as international or non-international, which depends directly on the volume of legal rules to be enforced and complied by the warring parties. Thus, members of peacekeeping operations conducted under the auspices of the UN, or with the participation of regional structures must strictly comply with the provisions of the rules of war throughout their actions in situations that may qualify as armed conflicts. Mechanisms and instruments for ensuring compliance with the rules of International Humanitarian Law by members of peacekeeping contingents shall be the subject of research in this article.

The Status in Nigeria of Treaties Predating the 1979 Constitution: Reflections on JFS v. Brawal Line Ltd

2020 ◽  
Vol 12 (3-4) ◽  
pp. 335-359
Author(s):  
Amos Osaigbovo Enabulele ◽  
Faith Osama Osadolor
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Separation Of Powers ◽  
The State ◽  
Essential Ingredient ◽  
Turn On ◽  
The Supreme Court ◽  
The Status ◽  
Municipal Law ◽  
Legislative Approval

Abstract It is an essential ingredient of sovereignty that every State has an absolute jurisdiction to determine the laws that apply within its territory and to determine, by its laws, the organ of the State that has the competence to make laws and the procedures to be followed. The competent organ that makes municipal law (the legislature) is usually different from the organ that makes international law (the executive). As a result, and following the dictates of separation of powers, while the executive is competent to enter into treaties, its competence is eroded by the competence of the legislature when a treaty is intended to be applied to municipal subjects; such a treaty intrudes into the competence of the legislature. When this occurs, the municipal applicability of the treaty would turn on the requirements specified by municipal law. This is the function of section 12(1) of the 1999 Constitution (as amended). This section bars the executive from transforming its treaty-making power into legislative powers by requiring legislative approval for the application of a treaty in Nigeria. Expectedly, the section has been variously interpreted and applied by Nigerian courts. This paper examines the views expressed by the Supreme Court in JFS v. Brawal Line Ltd and argues that the Supreme Court failed to give proper expression to the dualist nature of that section.

The United Nations and Some African Political Attitudes

1964 ◽  
Vol 18 (3) ◽  
pp. 499-520 ◽  
Author(s):  
Ali A. Mazrui
Keyword(s):  
Political Philosophy ◽  
International Relations ◽  
United Nations ◽  
International Law ◽  
Foreign Relations ◽  
Point Of View ◽  
Diplomatic Relations ◽  
African Countries ◽  
The Status ◽  
Domestic Affairs

What constitutes “sovereign statehood”? Elaborate answers can be given under international law, under theories of international relations, under jurisprudence, and under general political philosophy. But from the point of view of African countries the empirical answer is perhaps the simplest. These countries know that it was not when they assumed control of their domestic affairs that they ceased to be colonies. As a matter of experience, many of them found that the ultimate expression of sovereignty was not direct rule internally but direct diplomatic relations with other countries abroad. The very process of attaining independence might, in their case, be reduced to a single catch phrase—“from foreign rule to foreign relations.” In other words, an African colony was said to have attained independence when it had moved from the status of being under foreign rule to the status of conducting foreign relations with full authority.

The position of the State in the international system from the perspective of major schools of thought in international relations

2019 ◽  
pp. 79
Author(s):  
Salah Hassan Mohammed ◽  
Mahaa Ahmed Al-Mawla
Keyword(s):  
International Relations ◽  
International Politics ◽  
International System ◽  
International Order ◽  
The State ◽  
Point Of View ◽  
The Status ◽  
Future Vision

The Study is based on the state as one of the main pillars in international politics. In additions, it tackles its position in the international order from the major schools perspectives in international relations, Especially, these schools differ in the status and priorities of the state according to its priorities, also, each scholar has a different point of view. The research is dedicated to providing a future vision of the state's position in the international order in which based on the vision of the major schools in international relations.

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