International Law Commons^™

Politik Hukum Pengambilalihan Flight Information Region (Fir) Dari Singapura, Canris Bahri P.S

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Sovereignty is one of the conditions for the establishment of a country, the sovereignty of the state is the full and highest power in a country to regulate its entire territory which includes land, water and air space above it without interference from the governments of other countries. State sovereignty in airspace based on the 1944 Chicago convention on International Civil Aviation is "Complete" and "Exclusive". Recognition of the Archipelago's Sovereignty based on the 1982 International Convention on the Law of the Sea (UNCLOS) also includes the air space above it. However, there are problems that arise in the implementation …

A Prolegomenon To The Study Of Racial Ideology In The Era Of International Human Rights, Justin Desautels-Stein

Publications

There is no critical race approach to international law. There are Third World approaches, feminist approaches, economic approaches, and constitutional approaches, but notably absent in the catalogue is a distinct view of international law that takes its point of departure from the vantage of Critical Race Theory (CRT), or anything like it. Through a study of racial ideology in the history of international legal thought, this Article offers the beginnings of an explanation for how this lack of attention to race and racism came to be, and why it matters today.

From Valladolid To Venezuela : The Legacy Of Las Casas, Vitoria, And Sepúlveda In The Current Venezuelan Crisis., C. Evan Clark

College of Arts & Sciences Senior Honors Theses

This thesis analyzes the current Venezuelan crisis and the international legal questions it has posed concerning sovereignty, the responsibility to protect, and international efforts to influence a state’s internal politics. In particular, the thesis expounds the historical and theoretical context behind international legal principles that governments, international organizations, and nongovernmental organizations (NGOs) have invoked in favor of Juan Guaidó or Nicolás Maduro. The thesis’s analysis centers around its examination of the parallels between the international legal principles that relate to the Venezuelan crisis and the political and ethical arguments of the sixteenth-century Spanish social reformer Bartolomé de las Casas and …

The Supreme "Courts" Of The Roman Empire, C.G. Bateman

C.G. Bateman

Oil Under Troubled Waters?: Some Legal Aspects Of The Boundary Dispute Between Malawi And Tanzania Over Lake Malawi, Tiyanjana Maluwa

Michigan Journal of International Law

This article examines the legal aspects of the respective claims by the two claimants to the northeastern stretches of the lake: to the eastern shoreline by Malawi and to the median line by Tanzania. Maluwa proceeds as follows. First, the Article sketches out the historical and political background of the dispute and examines some preliminary legal issues in Part I. Part II discusses the legal significance of boundaries, state succession to boundary treaties, and the relevance of post-colonial African state practice in this respect. A central aspect of this practice is the adoption by African states of the principle of …

Panel Iii: General Discussion, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

The Scottish Independence Referendum And The Principles Of Democratic Secession, Benjamin Levites

Brooklyn Journal of International Law

On September 18, 2014, Scottish voters decided whether to sever the 307 years of unity between Scotland and the United Kingdom in an independence referendum. While the voters ultimately rejected independence, the process by which the Scots accomplished this historic exercise will inform further democratic secession movements.

This Note examines the significant implications of Scotland’s independence referendum by assessing the history of independence referendums and the present scope of relevant international law. The formative history of the independence referendum and modern precedential examples established the requirements for democratic secession. In turn, the Scottish independence referendum, in the context of evolving …

Political Community In Carl Schmitt's International Legal Thinking, Markus Gunneflo

Markus Gunneflo

The Life And Times Of Targeted Killing, Markus Gunneflo

Markus Gunneflo

Against the background of the ongoing shift in the perception of the legality and legitimacy of extraterritorial lethal force in counterterrorism, my doctoral thesis analyses the emergence of so-called “targeted killing” in the history of Israel and the US, as well as in international law. It finds that the relationship between targeted killing and law, particularly international law, is not a straightforward case of more or less determinate and legally binding norms being applied to state measures adopted in situations of insecurity (in this case, those of the second Intifada and 9/11) but rather one of a much longer and …

Can International Law Survive The 21st Century - Yes: With Patience, Persistence, And A Peek At The Past, Dana Zartner Falstrom

San Diego International Law Journal

With the end of the Cold War-the principal international political framework that shaped the international system since the end of WWII-an increasing number of global tensions have arisen which have brought to the fore questions about the ability of existing international law to provide a guiding framework for state behavior. Debates over the limits of state sovereignty, the appropriateness of humanitarian intervention, the justness of pre-emptive war, the definition of self-defense, the legality of replacing a government in the interests of your ideals, and how to deal with terrorism have dominated discussions around the world. Moreover, these discussions have caused …

Remarks By An Idealist On The Realism Of 'The Limits Of International Law', Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

This paper is a response to Jack L. Goldsmith and Eric A. Posner, 'The Limits of International Law' (Oxford 2005), part of a symposium on the book held at the University of Georgia Law School in October 2005. The review views 'The Limits of International Law' sympathetically, and focuses on the intersection between traditional and new methodologies of international law scholarship, on the one hand, and the substantive political commitments that differing international law scholars hold, on the other. The paper notes that some in the symposium claim that the problem with 'The Limits of International Law' is that it …

Perspectives On Post-Conflict Constitutionalism: Reflections On Regime Change Through External Constitutionalization, Ulrich K. Preuss

NYLS Law Review

No abstract provided.

Sovereignty And The American Courts At The Cocktail Party Of International Law: The Dangers Of Domestic Invocations Of Foreign And International Law, Donald J. Kochan

Donald J. Kochan

With increasing frequency and heightened debate, United States courts have been citing foreign and “international” law as authority for domestic decisions. This trend is inappropriate, undemocratic, and dangerous. The trend touches on fundamental concepts of sovereignty, democracy, the judicial role, and overall issues of effective governance. There are multiple problems with the judiciary’s reliance on extraterritorial and extra-constitutional foreign or international sources to guide their decisions. Perhaps the most fundamental flaw is its interference with rule of law values. To borrow from Judge Harold Levanthal, the use of international sources in judicial decision-making might be described as “the equivalent of …

National Identity And Liberalism In International Law: Three Models, Justin Desautels-Stein

Publications

No abstract provided.

Two Case Studies In Self-Determination: The Rock And The Bailiwick, Inge V. Porter

San Diego International Law Journal

After looking at the concept of self-determination, its history, meaning, and possible future development in Part II, this Paper will develop two case studies. Part III examines the right of self-determination for the people of Gibraltar, analyzing the relevant U.N. resolutions, agreements, treaties, and legislation that have defined the dispute between Great Britain and Spain. For example, Great Britain has ruled the Rock of Gibraltar for 280 years, primarily using it as a military base; but, today, Spain insists that it did not relinquish absolute sovereignty over Gibraltar to the British by the Treaty of Utrecht in 1713. Part IV …

Sovereignty: The State, The Individual, And The International Legal System In The Twenty First Century, Ronald A. Brand

Articles

This essay proposes that an understanding of original concepts of sovereignty both helps explain twentieth century developments in international law and provides a proper context for coming changes in the ways in which persons relate to states, states relate to states within the international legal system, and ultimately and most importantly-the way international law affects and applies to persons. The most important developments in international law in the new century are likely not to be in state-state relationships but rather in the status and rights of the person in international law. The twentieth century process of globalization brought us back …

Toward The Enforcement Of Universal Human Rights Through Abrogation Of The Rule Of Non-Inquiry In Extradition, Richard J. Wilson

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Neo-Positivist Concept Of International Law, Anthony D'Amato

Faculty Working Papers

The question "Is international law really law?" has not proved troublesome, according to Hart, because "a trivial question about the meaning of words has been mistaken for a serious question about the nature of things." Hart defends international law in Bentham's terms as "sufficiently analogous" to municipal law. It is important to see in what way this analogy is viewed by Hart in order to determine whether the reasoning he offers is too high a price to pay for accepting a neo-positivist into the circle of those who hold that international law is really law.