Diplomatic Privileges and Immunities of Agents Invested with Functions of an International Interest

1931 ◽  
Vol 25 (4) ◽  
pp. 694-710 ◽  
Author(s):  
Lawrence Preuss
Keyword(s):  
The State ◽  
Legal Order ◽  
Customary Law ◽  
The Political ◽  
Political Factors ◽  
Historical Factors ◽  
The Pacific ◽  
The Law ◽  
And Control ◽  
The Way

Recent tendencies toward the reduction of diplomatic privileges and immunities have been justified by the decreasing importance of the causes which have contributed to their establishment in their present exaggerated extent. The traditional distrust of diplomatic missions as instruments of espionage and intrigue has all but vanished, and has been supplanted by an appreciation of their functions as agencies for facilitating the pacific intercourse of states. The scrupulousness with which the diplomatic character is now respected and the growing security of the legal order in most states make possible a reduction of diplomatic prerogatives without jeopardizing the successful and independent fulfillment of the mission which it is their purpose to secure. The widest pretensions to exemption from the authority of the receiving state were advanced at precisely those times in which diplomats were in practice subjected to the greatest amount of interference and control. Doctrines of the seventeenth and eighteenth centuries, inspired by a reaction against contemporary conditions, have been incorporated into the customary law, which has lost its raison d'Ure to the extent that the historical factors which influenced its growth are no longer operative. The need of the envoy for independence exists today no less than formerly, but it no longer requires, as a condition of its guarantee, that complete immunity from the law and jurisdiction of the receiving state which has found a figurative expression in the fiction of exterritoriality. As a subject involving few of the political factors which have thus far proved to be insurmountable obstacles in the way of codification, the law of diplomatic privileges and immunities is eminently suited for restatement and amendment in the form of a general convention. Such a restatement, if it is not to be retrogressive, must be based upon the conception that the receiving state has rights, and the sending state duties, which are correlative to the obligations of the state of residence and the rights of the appointing state, alone emphasized in the existing law.

scholarly journals Collision of Royal Law and local fueros in the process of the Spanish state formation in XVI century on the example of the Antonio Perez case

2018 ◽  
pp. 22-25
Author(s):  
Elena Kalínina
Keyword(s):  
State Formation ◽  
The State ◽  
Customary Law ◽  
The Political ◽  
Roman Emperor ◽  
Concrete Case ◽  
Philip Ii ◽  
Charles V ◽  
The Law ◽  
Legal Processes

In this article, the Author uses the concrete case of Antonio Perez, the ex-secretary of the king Philip II of Spain, to demonstrate the course of the Spanish state formation and the integration of the Law and State with its problems and contradictions. The object of this study is to research the mentioned process in theory and in reality, because they are different. In theory, the process of the State formation comes to its end in the epoch of the Catholic Monarchs, Ferdinand and Isabella governing. Later, in the epoch of Charles V, Holy Roman Emperor, Spain was the Empire yet. However, in the epoch of Philip II the unity and integrity of the new sate are in danger, because the case of Antonio Peres demonstrates that customary law as fueros, privileges and time-honoured traditions are able to survive the political and legal processes.

The Political Economy of Customary Law in the Former British Territories of Africa

1984 ◽  
Vol 28 (1-2) ◽  
pp. 44-55 ◽  
Author(s):  
Ann Seidman ◽  
Robert B. Seidman
Keyword(s):  
Political Economy ◽  
Legal Order ◽  
Customary Law ◽  
The Political ◽  
English Speaking ◽  
The Law ◽  
Political Structures

In assessing customary law two quite contradictory tendencies exist. Some approach customary law deferentially, even reverently. This constitutes “our” law. It expresses “our” values. We must nurture it. Others take precisely the opposite perception. Customary law constitutes the law of primitive tribes; we aim to become modern;ergo, we must do away with customary law. How to choose between these quite conflicting perspectives?We argue that to understand customary law, we must understand its political economy, that is, the function it performs in existing socio-economic and political structures, particularly with respect to the class interests involved. We undertake here to put forward our understanding of the political economy of customary law in the English-speaking countries of Africa. To do that, we describe, first, the difficulties which require explanation and solution, that is, the poverty and vulnerability of the mass of Africa's people; second, for that poverty, we attempt an explanation, which takes the legal order as the manipulable variable; and, finally, we suggest briefly options for reform and change.

scholarly journals The Right to Strike and Legal War in Walter Benjamin's “Toward the Critique of Violence”

2019 ◽  
Vol 2 (2) ◽  
pp. 252-260
Author(s):  
Marc Crépon ◽  
Micol Bez
Keyword(s):  
Walter Benjamin ◽  
The State ◽  
The Political ◽  
Law Of War ◽  
State Monopoly ◽  
The Law ◽  
The Right ◽  
Critique Of Violence ◽  
The Way

Abstract The object of this article is to show how, at the beginning of his essay “Toward the Critique of Violence,” Walter Benjamin uses the questions of the right to strike and law of war to exemplify the way in which the state monopoly has no other goal than to preserve the law itself. In so doing, the question of the boundary between violence and nonviolence is put into conversation with the distinction made by Georges Sorel between the political strike and the general revolutionary strike.

“I'd make thee eat the mischief thou hast vented”: Discourse of Law in Ben Jonson's Catiline His Conspiracy

2017 ◽  
Vol 24 (1) ◽  
pp. 22-45
Author(s):  
Akihiko Shimizu
Keyword(s):  
Early Modern ◽  
Political Discourse ◽  
Legal Discourse ◽  
The State ◽  
The Political ◽  
State Of Emergency ◽  
Gunpowder Plot ◽  
Effective Use ◽  
Legal Procedures ◽  
The Way

This essay explores the discourse of law that constitutes the controversial apprehension of Cicero's issuing of the ultimate decree of the Senate (senatus consultum ultimum) in Catiline. The play juxtaposes the struggle of Cicero, whose moral character and legitimacy are at stake in regards to the extra-legal uses of espionage, with the supposedly mischievous Catilinarians who appear to observe legal procedures more carefully throughout their plot. To mitigate this ambivalence, the play defends Cicero's actions by depicting the way in which Cicero establishes the rhetoric of public counsel to convince the citizens of his legitimacy in his unprecedented dealing with Catiline. To understand the contemporaneousness of Catiline, I will explore the way the play integrates the early modern discourses of counsel and the legal maxim of ‘better to suffer an inconvenience than mischief,’ suggesting Jonson's subtle sensibility towards King James's legal reformation which aimed to establish and deploy monarchical authority in the state of emergency (such as the Gunpowder Plot of 1605). The play's climactic trial scene highlights the display of the collected evidence, such as hand-written letters and the testimonies obtained through Cicero's spies, the Allbroges, as proof of Catiline's mischievous character. I argue that the tactical negotiating skills of the virtuous and vicious characters rely heavily on the effective use of rhetoric exemplified by both the political discourse of classical Rome and the legal discourse of Tudor and Jacobean England.

Slavery and Ransom

2018 ◽  
Author(s):  
Will Smiley
Keyword(s):  
Eighteenth Century ◽  
Ottoman Empire ◽  
Young Men ◽  
Individual Characteristics ◽  
The State ◽  
Customary Law ◽  
Late Eighteenth Century ◽  
Late Eighteenth ◽  
The Law

This chapter explores captives’ fates after their capture, all along the Ottoman land and maritime frontiers, arguing that this was largely determined by individuals’ value for ransom or sale. First this was a matter of localized customary law; then it became a matter of inter-imperial rules, the “Law of Ransom.” The chapter discusses the nature of slavery in the Ottoman Empire, emphasizing the role of elite households, and the varying prices for captives based on their individual characteristics. It shows that the Ottoman state participated in ransoming, buying, exploiting, and sometimes selling both female and male captives. The state particularly needed young men to row on its galleys, but this changed in the late eighteenth century as the fleet moved from oars to sails. The chapter then turns to ransom, showing that a captive’s ability to be ransomed, and value, depended on a variety of individualized factors.

Constitutional Rights and Social Welfare: Exploring Claims-Making Practices in Post-Apartheid South Africa

2020 ◽  
Vol 53 (1) ◽  
pp. 25-48
Author(s):  
Whitney K. Taylor
Keyword(s):  
South Africa ◽  
Social Welfare ◽  
Neighborhood Context ◽  
The State ◽  
Constitutional Rights ◽  
The Law ◽  
Material Conditions ◽  
Do So ◽  
The Way

When do individuals choose to advance legal claims to social welfare goods? To explore this question, I turn to the case of South Africa, where, despite the adoption of a "transformative" constitution in 1996, access to social welfare goods remains sorely lacking. Drawing on an original 551-person survey, I examine patterns of legal claims-making, focusing on beliefs individuals hold about the law, rights, and the state, and how those beliefs relate to decisions about whether and how to make claims. I find striking differences between the factors that influence when people say they should file a legal claim and when they actually do so. The way that individuals interpret their own material conditions and neighborhood context are important, yet under-acknowledged, factors for explaining claims-making.

scholarly journals RIGHTS OWNERSHIP TO CERTIFIED LAND CONFRONTED WITH THE CUSTOMARY LAW IN THE LEGAL SYSTEM IN INDONESIA

2018 ◽  
Author(s):  
Saim Aksnudin
Keyword(s):  
National Development ◽  
Land Rights ◽  
The State ◽  
Customary Law ◽  
Legal Certainty ◽  
The Status ◽  
Need For Support ◽  
The Law ◽  
The Right ◽  
Ownership Of Land

In the national development the role of land for the fulfillment of various purposes will increase, either as a place to live or for business activities. In relation to that will also increase the need for support in the form of guarantee of legal certainty in the field of land. The result of the research is the conception of the state of Indonesia is a state law, which contains the meaning in the administration of government and the state based on the law, the protection of the law is a universal concept of the rule of law. The legal certainty on land rights as intended by the UUPA encompasses three things, namely the certainty of the object of land rights, certainty on the subject of land rights and certainty about the status of landrights. Legal conception of land title certificate is a proof that issued by authorized legal institution, containing juridical data and physical data which isused as evidence of ownership of land rights in order to provide assurance of legal certainty and certainty of rights to a plot of land owned or possessed by a person or legal entity. With the certificate of rights, it is expected that the juridical can guarantee the legal certainty and the right by the state for the holder of the right to the land. This country's guarantee is granted to the owner or the holder of the certificate may be granted because the land is already registered in the state land administration system.

scholarly journals The Power of Political Cartoons: A Case Study of Zunar’s ‘Twit Twit Cincin’

2021 ◽  
Vol 37 (1) ◽  
pp. 146-180
Author(s):  
Roslina Abdul Latif ◽  
◽  
Sojoud Elgarrai ◽  
Keyword(s):  
Visual Rhetoric ◽  
Social Issues ◽  
Institutional Reform ◽  
The State ◽  
Political Cartoons ◽  
The Political ◽  
Works Of Art ◽  
The Way

The following study of selected works of art by Zulkiflee Anwar Haque or better known as Zunar, a Malaysian political cartoonist from his book ‘Twit Twit Cincin’. This study is guided by the visual rhetoric theory that has three areas of study - nature, function and evaluation. The study looks at selected cartoons that addressed political figures, politics and social issues. The research looked at the way the caricatures portrayed Malaysian politicians, his perspectives on the political and social issues and how these issues were addressed. The researcher also looked at metaphors used by the cartoonist to communicate his ideas to the audiences. The study found that Zunar’s portrait of Malaysian politicians is not always positive. He is critical but not in an inflammatory way. The metaphors found in Zunar’s work are found to be common themes and simple to understand. They are also very well-known, visually appealing and a tool to tie his messages together and to get his ideas across. Zunar has managed to resist the oppression of the state through his cartoons while looking at institutional reform, puts forth an alternative articulation of history and nation that juxtapose the current government. Keywords: Zunar, political cartoonist, political and social issues, Twit Twit Cincin, metaphors.

scholarly journals The Actuality of Some Principles and Ideas of Law Philosophy Issued by Mircea Djuvara

2018 ◽  
Vol 21 (35) ◽  
pp. 38-51
Author(s):  
Marţian Iovan
Keyword(s):  
European Union ◽  
Political Power ◽  
National Level ◽  
The State ◽  
The Political ◽  
Philosophy Of Law ◽  
State Institutions ◽  
The Law

Abstract The author analyzes in this paper principles and ides of philosophy of law issued by Mircea Djuvara, which preserve their contemporaneity, being useful for the perfecting of the state institutions and of the democracy not only at national level, but also at European Union one. His ideas and logical demonstration on the rational fundamentals of law, the autonomy of the moral and legal conscience, the specificity of truth and of juridical knowledge, the philosophical substantiation of power and Constitution, the principles of the democracy and the connections between the political power and the law are just few of the original elements due to which Djuvara became an acknowledged and respected personality not only in Romania, but also in the experts clubs of the Europe between the two World Wars.

scholarly journals Kant's metaphysics of law

2004 ◽  
Vol 76 (9) ◽  
pp. 426-436
Author(s):  
Danilo Basta
Keyword(s):  
International Law ◽  
The State ◽  
Legal Order ◽  
The Political ◽  
Political Union ◽  
History Of Interpretation ◽  
Final Goal ◽  
History Of ◽  
Cosmopolitan Law ◽  
Political Principles

The history of reception and the history of interpretation of Kant's legal deliberation are not the same even after two centuries. This was not only due to the recipients and interpreters of Kant's thoughts but also and above all due to Kant, i.e., the content and the spirit of his philosophy. The law of the state, the international law, and the cosmopolitan law are the ways to approach the eternal peace, which was considered by Kant as the final goal of the entire international law. The existence of the State is based on the idea of the Initial Agreement. According to Kant, in the Initial agreement all the individuals abandoned their external freedom in order to attain the freedom in a legal order as members of the political union. Kant did not always succeed to stay on the level of his own legal and political principles, and hence the light of his philosophy is sometimes covered with the dark shadows.

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