Search

The article discusses highlights of a lecture presented by Princeton University professor Kim Lane Scheppele, at the 25th Annual Grotius Lecture held on March 29, 2023. Topics include democracy through international law, constitutionalism, human rights, rule of law, post-communist transitions, right to democratic governance, autocracies, and inter-American system and European regional system for the protection of democratic infrastructure.

This article argues that the protection of 'community interests' in international law includes intertemporal obligations of States, in cases where it is scientifically foreseeable that preserving the 'status quo' of a protected community interest is increasingly unlikely. The argument is developed for climate change as a 'common concern of humankind' and based on the premise that even if a temperature limitation of 1.5°C would be achieved towards the end of this century, future generations will nevertheless live in a world that has fundamentally changed due to current policy and law choices. The article introduces the new concept of 'intergenerational preparedness' to operationalise and expand the normative scope of the principle of intergenerational equity. While some argumentative structures will be examined where intergenerational preparedness can be given effect through legal interpretation, the expectation that States must adopt preparatory measures to account for their community interest obligations deserves a more explicit recognition. It is a matter of the (environmental) rule of law to protect community interests on a time continuum, and this encompasses measures to prevent the deterioration of protected interests and to prepare communities for foreseeable detrimental changes. [ABSTRACT FROM AUTHOR]

In the final chapter of Law's Rule, his recently published tour de force on the nature, value, and viability of the rule of law, Gerald Postema defends the desirability, possibility, and actuality of an international rule of law. I contend that his attempt to defend the latter two claims fall short of what is needed, focusing in this essay on his argument for the possibility of a rule of law beyond state borders. Postema moves quickly from an argument for the existence and efficacy of international law to the conclusion that an international rule of law is no pious wish. Yet as I explain, the refutation of rule-skepticism does not suffice to refute rule of law skepticism. Indeed, I demonstrate that Postema misconstrues the most interesting and plausible challenge to an international rule of law he considers, namely the economic analysis of international law, and consequently his response misses the mark. The economic account of how international law works, together with those developed by TWAIL scholars and Marxist theorists of international law, pose far greater challenges to the possibility of an international rule of law than those Postema considers, as each offers a plausible explanation for why any attempt to realize that ideal is doomed to fail. To address these challenges, theorists should look to Postema's discussion of the institutions and culture that foster fidelity to the rule of law, rather than his remarks on a global rule of law. [ABSTRACT FROM AUTHOR]

In a period of rising threats to constitutional government within countries and among them, it is a crucial time to study the rule of law in transnational context. This article defines core concepts, analyzes the relation of national and international law and institutions from a rule-of-law perspective, and assesses the extent to which rule-of-law practices are shifting at the domestic and international levels in parallel. Part I explains our conceptualization of the rule of law, necessary for the orientation of empirical study and policy responses. Following Martin Krygier, we formulate a teleological conception of the rule of law in terms of goals and practices, which, in turn, calls for an assessment of institutional mechanisms to advance these goals, given varying social conditions and contexts. Part II sets forth the ways in which international law and institutions are important for rule-of-law ends, as well as their pathologies, since power also is exercised beyond the state in an interconnected world. Part III examines empirical indicators of the decline of the rule of law at the national and international levels. It notes factors that could explain such decline, and why such factors appear to be transnationally linked. Part IV discusses what might be done given these shifts in rule-of-law protections. We then conclude, noting the implications of viewing the rule of law in transnational context for conceptual theory, empirical study, and policy response. [ABSTRACT FROM AUTHOR]

The article examines access to justice as an element of the rule of law in a modern democratic state. The issue of securing access to justice in the legislative practice of countries is detailed. Practice is analyzed, where access to justice is considered as an opportunity for any interested person to go to court without hindrance and participate in the legal process at all its stages. At the same time, it is emphasized that such access implies access to national and international justice systems. This significantly contributes to a person’s ability to defend himself against encroachments on his rights, compensation for damage caused by offenses and self-defense in criminal proceedings. It is proven that access to justice is increasingly included in the international and national practice of states and begins to occupy an important place in the organization and functioning of the judiciary. It is noted that today the concept of access to justice does not have a unified approach to its understanding in the circles of the scientific community. The development of this issue continues for a considerable period of time. Long-standing discussions give reasons to testify that access to justice is an extremely broad concept that can be distinguished as a separate concept, principle or right. It is emphasized that in this context it is extremely important to emphasize the mechanisms of human rights protection, that is, its application to those categories of the population that do not have the opportunity and resources to go to court. In view of this, it is extremely important to apply the principle of equality before the court in practice. This will make it possible to ensure equal access to the trial for all participants in the process. The international experience of access to justice and its generalization in legal practice is analyzed. It is noted that international law has singled out an important component of access to justice, which is the right to access international mechanisms for ensuring the protection of human rights. It is emphasized that the justice system can use the norms of international law, including anti-discrimination norms. The key in this process is ensuring access to justice, which is an important basis for the conclusion of international treaties and the effective functioning of international human rights organizations. [ABSTRACT FROM AUTHOR]

This article discusses the concept of nonviolent resistance in authoritarian regimes. It explores how dictators use legal repression to deter dissent and protect their power, and how nonviolent resistance movements navigate this repression. The article also examines the changing nature of dictatorial rule and the tactics used by both dictators and resistance movements. It emphasizes the importance of understanding the factors that determine the success or failure of nonviolent resistance movements in holding dictatorial regimes accountable. The article concludes by highlighting the various perspectives and motivations of those involved in nonviolent resistance movements. [Extracted from the article]

Scholarly discussions about the rule of law have become a cacophony of disagreement. The more that is written about the topic, it seems, the less that we know. Thus, bringing clarity to basic issues is essential. This Essay draws out the implications of a conceptual distinction between the vertical and horizontal dimensions of the rule of law at domestic and international levels. The vertical dimension-which jbcuses on liberty and restraints on arbitrary government power-examines the top-down relationship between government officials and private actors in relation to how the ruling regime treats citizens and entities on matters of interest to the government itself The horizontal dimension-which focuses on social ordering, security, and trust-examines the side-to-side relationship between actors in society on matters of everyday social and economic interaction. This Essay outlines and fills in the implications of the vertical-horizontal framework and applies the framework to four contexts to demonstrate its potential usefulness. A theme running through the Essay is that scholars have unduly neglected the importance of the horizontal dimension. This Essay rectifies this neglect by showing the importance of examining both dimensions. [ABSTRACT FROM AUTHOR]

Shane Miller reviews American Exception: Empire and the Deep State by Aaron Good

The exercise of public power by substate entities poses a challenge for international law. Although such entities lack international legal personality, their actions can have international significance and, because they are state organs, must always adhere to the international obligations assumed by the state. In Spain, the autonomous communities exercise broad powers, which, in the case of Catalonia (via the Generalitat), include education, healthcare, prisons and police. Research shows that the Generalitat has exercised – and, to some extent, continues to exercise – some of its powers in disregard of certain constitutional and legal obligations. This action by public authorities in disregard of the law can have international consequences, and various international organizations have expressed positions on it through their bodies. This paper examines these positions on the Generalitat's actions in connection with the secession process and other related policies, including both those that have been critical of this behaviour and those that have expressed direct or indirect support for it. The practice of the European Union, the Council of Europe, and the UN Human Rights Council through its Special Rapporteur on minority issues is analysed. [ABSTRACT FROM AUTHOR]

This article briefly identifies the aspects of public international law related to the Catalan secession process, bearing in mind that Spain is a constitutional social and democratic state governed by the rule of law and a member of both the European Union (EU) and the Council of Europe (CoE). Over 6 years ago, on 27 October 2017, the regional Catalan Parliament proclaimed the independence of the Autonomous Community of Catalonia. From the start, the most recondite stratum of the Catalan pro-independence strategy has consistently invoked international law considerations with no real basis. Here we explain why. First, given the function of state sovereignty (today humanized and, in the context of the EU and CoE, democratized), under international law, these events can only be classified as a secession process (stricto sensu), that is, a revolutionary act in the constitutional order of the state of Spain with undertones that are far from peaceful. Second, we address the facet of the Catalan pro-secession strategy – typical of populist policies today – consisting of abusing terms and concepts, a language policy that, in our view, was and still is intended to win the minds of both the Catalan population and any other uninformed external observers. Finally, we examine how statehood is acquired under international law and its relationship to the 2017 declaration of Catalan independence and the present-day situation. [ABSTRACT FROM AUTHOR]

To say that a system is powerless is to recognize that it is dysfunctional in a number of ways: institutional, legal, political, human, etc. And this is quite rightly the case with the United Nations (UN) system. Erected on the ruins of the League of Nations (1945), with a view to maintaining peace and security, supporting development, protecting rights and freedoms, and equipped with preventive as well as dissuasive means, it has to be said, however, that this system is being undermined, notably amid the war in Gaza. Blockaded and under siege since 2007, Gaza has been subjected to merciless acts of revenge at the hands of a morally bankrupt army. It is in this context that Nicolas Boeglin, stunned by the Israeli aggressions, declared: "We remain astonished that a small country can regularly and with impunity defy the international community and the rules of international law". What's worse is that this barbarity is perpetuated with the assistance and connivance of certain regimes that embrace the labels of democracy, the rule of law and human rights. [ABSTRACT FROM AUTHOR]

The digital intelligence era is an intelligent era represented by digital technology. In this era, human attributes, lifestyles, and the embodiment of rights have shown new characteristics. The impact of the digital intelligence era on human rights is a double-edged sword: on the one hand, digital technology, artificial intelligence, and so on greatly liberate human labor productivity, effectively protecting people's rights to subsistence, health, and development; on the other hand, it also brings great threats and challenges to human rights. Anthropocentrism is threatened, the boundaries of human beings are broken, and people's freedom, equality, privacy, labor, intellectual property, environmental and ecological rights are threatened. In the face of the digital intelligence era, development is the only way to break through. In the United Nations Declaration on the Right to Development, the right to development is defined as an inalienable right of human beings. Only in development can all human rights be fully realized. [ABSTRACT FROM AUTHOR]

Copyright of Pandectele Române is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Research pertaining to the dual-tier political system within the European Union (EU), specifically concerning the genesis and execution of EU policies, has garnered substantial scholarly attention. These inquiries delve into multifaceted dimensions, encompassing institutional dynamics, procedural intricacies, questions of legitimacy, and intricate relational dynamics entailing international diplomacy with other actors within the realm of international law. Nonetheless, a particularly intriguing and underexplored facet remains: the influence of member states' compliance with the rule of law on the implementation of EU policies, particularly within the realm of energy policy. This article aims to elucidate the nexus between the realization of energy policy objectives in EU member states and fidelity to the rule of law. The conundrum of establishing a correlation between the indicators of environmentally sustainable energy policy and commitment to upholding the rule of law remains uncharted territory within the existing body of literature. Our analysis centers on a dataset derived from publicly accessible sources, reflecting data from the year 2020. [ABSTRACT FROM AUTHOR]

Taking a coordinated approach to promoting the rule of law at home and in matters involving foreign parties stands as one of the essentials of Xi Jinping Thought on the Rule of Law. The profound essence of this concept is predominantly articulated through the dialectic nexus between the rule of law at home and in matters involving foreign parties and the foundational necessities and underlying principles for their coordinated advancement. This concept is intellectually rooted in the legal theory of socialist rule of law with Chinese characteristics, the theory of major-country diplomacy with Chinese characteristics, modern progressive theories of international law, and the exemplary facets of traditional Chinese culture. It is aligned with contemporary trends and in harmony with the need to take a holistic approach to imperatives at home and abroad. This philosophy underscores the approach to building a human community with a shared future through the rule of law, guaranteeing the fruition of national strategic aspirations. This resonates with profound contemporary, integrative, international, and strategic significance. Presently, the focus should be on fostering the development of foreign-related rule of law, maintaining the correct equilibrium between the dyad of rule of law in domestic and foreign-related matters. It is imperative to augment strategic design and institutional construction in the realm of rule of law on issues related to foreign parties, step up research on and practical application of international law, and reinforce the cultivation of legal professionals in this area to take a coordinated approach to advance the rule of law at home and in matters involving foreign parties. [ABSTRACT FROM AUTHOR]

This article purports to discuss the impact of international investment law on domestic governance and the rule of law of a nation state. Using China as a case study, this article argues that the role of international investment law in advancing domestic rule of law has long been overstated. The prevailing narrative is premised on some deeply flawed assumptions of the nature and function of international investment law as well as how international investment law may affect domestic legal change. These assumptions include, inter alia: (1) international investment norms possess the rule of law ideals; (2) improving good governance and the rule of law is part of the mandate of international investment law; (3) powerful investor-state dispute settlement is effective in guarding the rule of law; and (4) the state is readily receptive to all direct and indirect influences of economic globalization. A close examination of the limits of international investment law in this article explains why its role in promoting the rule of law in China is rather limited, contrary to what was widely expected in the Western world. [ABSTRACT FROM AUTHOR]

Judicial independence and impartiality have been developed by a number of international soft law rules, as well as by abundant case law of the European Court of Human Rights and the Court of Justice of the European Union. Lately, concern has focused particularly on the cases of Hungary and Poland, but they are by no means the only ones to be taken into account, as other EU countries also have dysfunctions that fully affect independence and impartiality, with the case of Spain beginning to stand out. This paper analyses some of these dysfunctions, focusing finally on salary, transfer, demotion and early retirement. [ABSTRACT FROM AUTHOR]

The objective of this paper is to assess the gap between the EU's commitment to its values and the fairness of its accession process, in particular the Macedonian journey to the EU, which is not only contradictory to the EU's core values but also contradictory to the principle of equal rights and self-determination. For this purpose, the methodology consists of conducting qualitative analysis based on two bilateral agreements and analyzing the evolution of EU requirements and their implications. The paper argues that rather than enforcing the Copenhagen criteria and making the country's pre-accession progress contingent on the strengthening of the rule of law, the EU has expended enormous effort in what was essentially a political bilateral dispute between states, with the resolution of the dispute to be replaced as a pre-accession criterion. The paper concludes that the EU should return to its fundamental values and prioritize merit-based criteria in the enlargement process, not a politically based decision. [ABSTRACT FROM AUTHOR]

The European Union is not just an international organization. It is a unique political and legal system based primarily on the fundamental principles of democracy and the rule of law. As such the European Union has a right of self-determination, namely that its own political mechanisms "freely determine its political status and freely pursue its economic, social and cultural development. While it is undisputable that Members of the European Union have the right of "national" self-determination within the European Union, the self-determination of the European Union, as such, is a concept still almost unknown in political and legal theory and practice. However, the Treaty on the European Union and the Treaty on the Functioning of the European Union already provide enough elements for the identification and conceptualization of the self-determination of the European Union as understood in international law (and politics). Self-determination of the Member States and self-determination of the European Union can exist as separate and interconnected concepts that might provide an adequate legal and political framework for further development of the European Union, its identity, key values and ends of its internal and foreign policy. Recognition and conceptualization of the right of self-determination, not only in political and legal theory but also in the political practice of the European Union might be a further step in the development of the European Union, as "a new stage in the process of creation an ever-closer union among the peoples of Europe". While the concept of self-determination of the European Union might be developed in the existing legal framework, namely in accordance with the founding treaties, it seems that it should have a proper place in its forthcoming revision. The recognition of the self-determination of the European Union certainly improves the very concept of the identity of the European Union and the perception of its role in international affairs. [ABSTRACT FROM AUTHOR]

The aim of this paper is to assess an objection to amnesties conferred in transitional justice contexts: that they violate the rule of law. The paper begins by setting out the objection and presenting three possible replies to it. Each is argued to be unsatisfactory. The central contention of the paper, namely that the success of the objection depends on amnesties' terms and the reasons for which they are introduced, as well as on what conception of the rule of law is operative, is then presented. The argument that amnesties violate the rule of law on account of public international law, or national constitutions containing bills of rights, prohibiting their use without exception is then rebutted. Few amnesties violate the rule of law for this reason. Finally, the paper addresses a further rule of law-based objection to amnesties that is related to, yet distinct from, the objection that amnesties violate the rule of law. According to this second rule of law-based objection, amnesties prevent, or at least hinder, the restoration of the rule of law in post-conflict societies. This objection is countered by demonstrating that amnesties do not always promote the rule of law less effectively than trials and punishment and may even, in some cases, be essential for the restoration of the rule of law. [ABSTRACT FROM AUTHOR]

The Constitutional Court of Romania (CCR) holds an essential position in guaranteeing the observance of human rights within the country's constitutional and legal framework. Through its attribution to interpret and verify the compliance of laws with the Constitution, the CCR has built a vast and particularly significant caselaw regarding the individual's fundamental rights. By studying the Constitutional Court of Romania's judicial practice in the field of human rights, we can examine how fundamental rights are interpreted and implemented in the national legal system. In this regard, the CCR plays a vital role in ensuring the protection and promotion of these rights by interpreting the Constitution and applicable legislation in accordance with international standards. It is important to highlight that the CCR's human rights caselaw reflects the constant attempt to ensure a balance between the individual's and society's interests, protecting fundamental rights in accordance with the principles of the rule of law and international standards in the field. Through the analysis of concrete cases and constitutional interpretation, the CCR strengthens its essential role in human rights promotion and defense in Romania. [ABSTRACT FROM AUTHOR]

Rule of law is recognized as an effective means of government. The international community, led by the United Nations, has been advocating the adoption of rule of law at international and national levels against the backdrop of globalization. This article examines the contributions that Chinese traditional culture may make to the creation of international rule of law. For this purpose, it will first analyse the sources and status of rule of law at the national level and the similarities and differences between international and national rule of law, the conditionality for creating international rule of law, and the development thereof. It argues that rule of law is a shared value of mankind, which is evidenced in the teachings of Chinese traditional culture; yet, due to their differences in nature, international rule of law that is applied in the international community differs from national rule of law that is enforced in national communities. This article examines the development of international rule of law and argues that it can serve as the basis for furthering international collaboration and for realizing human dignity and world peace stipulated in the Charter of the United Nations. [ABSTRACT FROM AUTHOR]

The various legislative initiatives around the world on the private law aspects of digital assets are a clear indication of both the importance and the urgency of preparing rules of law to adjust private law in general and secured transactions law in particular to address emerging technologies. All these initiatives raise the question whether principles would be sufficient or whether a uniform law would need to be prepared. The purpose of this article is not to attempt to answer this question but rather to advance the discussion setting out some arguments in favour and against, and to suggest a mechanism, a procedure through which States and industry could reach consensus on the most appropriate answers. [ABSTRACT FROM AUTHOR]

The article deals with the question of whether and why international human rights law should protect corporations at the example of regional economic integration systems such as the European Union. For the European Court of Justice, granting human rights to corporations is the natural response to the key role that private companies play in the integration program. Regional human rights courts, in contrast, partly struggle to recognise corporations as human rights holders. The article critically examines the theoretical raison d'être of fundamental rights of corporations, granted in the framework of international human rights, and reflects on them on the basis of a Rule of Law-postulate. [ABSTRACT FROM AUTHOR]

The objective of this paper is to assess the gap between the EU’s commitment to its values and the fairness of its accession process, in particular the Macedonian journey to the EU, which is not only contradictory to the EU’s core values but also contradictory to the principle of equal rights and self-determination. For this purpose, the methodology consists of conducting qualitative analysis based on two bilateral agreements and analyzing the evolution of EU requirements and their implications. The paper argues that rather than enforcing the Copenhagen criteria and making the country’s pre-accession progress contingent on the strengthening of the rule of law, the EU has expended enormous effort in what was essentially a political bilateral dispute between states, with the resolution of the dispute to be replaced as a pre-accession criterion. The paper concludes that the EU should return to its fundamental values and prioritize merit-based criteria in the enlargement process, not a politically based decision.

The March 2024 issue of World Affairs Journal covers a wide range of topics including artificial intelligence, cyberspace regulation, defense policy, international law, populism, African governance, South Korean foreign policy, and Dalit rights in India. The editor emphasizes the importance of political scientists and policy scholars in providing sound policy advice, particularly in the area of AI regulation. The issue includes articles on the United States Space Force, international law and cyberspace operations, refugee migration, African governance, South Korean foreign policy, the concept of a republic in the United States, and caste discrimination in India. The editor encourages readers to submit their own articles and commentaries on these topics. [Extracted from the article]

In 2020, the Chinese Communist Party (CCP) launched the "foreign-related 'rule of law" (FROL) reform, a reform that purports to modernize the intersection between Chinese domestic law and foreign and international law. Like many of China's outward-facing initiatives, the FROL is more a loosely defined political discourse than a clear policy. Nonetheless, this article argues that the FROL may have implications for the role of Chinese law in China's evolving foreign policy engagements. There are two overlapping contexts for the FROL: the first is purportedly defensive and reactive in nature and pertains to the US-China trade war and the exercise of lawfare in shaping that trade war. The second context is more assertive and proactive as the CCP proposes "Chinese-style modernization" for developing states around the world. Although Chinese-style modernization is more a creature of policy than formal law, law is becoming an important element in China's approach. Against this backdrop, the FROL seeks to promote China's definition of "rule of law" (fazhi) overseas and to integrate Chinese law into foreign and international law. Whereas the FROL marks a new stage in China's legal development, its consequences for US-style rule of law and democratization are mixed. On the one hand, China explicitly proposes an alternative to that of the United States but, on the other hand, alarmist reactions need to be tempered by the empirical realities of China's capacity deficiencies. [ABSTRACT FROM AUTHOR]

The methods of effective support of international peace and security directly depend on the features of the global and regional security environment. The nature of current challenges and threats determines the format and directions of international security cooperation. Faced with the modern challenges and threats of the globalized world, no state is able to ensure its own security solely by its own efforts, without relying on the help of the international community and collective security structures. Each country independently determines the degree of its participation in certain international events in the field of international security. In this vein, various forms of international cooperation and cooperation in the field of security are formed in accordance with countries' perceptions of common threats and their own national interests. In the conditions of the current level of globalization, international cooperation covers almost all spheres of social activity and requires the establishment of generally accepted and understandable "rules of the game" and certain regulation at the supranational level. These functions are assigned to international institutions and the system of international treaties. The transition to the information society, the processes of globalization, the development of the latest technologies and the new challenges of modernity have led to the emergence of new ways of waging war and have radically changed the international security system. The principles, resources and means of warfare have changed significantly. Modern challenges and threats to the global security system have led to a rethinking of the conceptual and practical foundations of international security cooperation. In order to maintain security and stability in the modern world, uniform rules, principles and standards of responsibility must be adopted. The UN acts as a universal and unique platform for consolidating positive trends in the development of the international security system. [ABSTRACT FROM AUTHOR]

The article is devoted to the elucidation and exposition of the concept of the «international rule of law», the analysis of approaches to its definition and the formulation of its definition. It is emphasized that the international rule of law is among those concepts that have been consistently «hanging in the air» to some extent since the post-World War II period. It is noted that, unlike in the case of defining the «classic» (domestic) rule of law, there is a lack of consensus within the scientific community regarding the definition of the international rule of law. The trends on which a certain unanimity is forming within the scientific and scholarly community are identified. The limits of the influence of the domestic rule of law theory on the international rule of law theory are revealed. The approaches to defining the concept of the international rule of law, as well as its «narrow» and «broad» meanings, are analyzed. It is stated that despite inconsistencies in the scientific doctrine, full adherence to the international rule of law is an «ideal,» and this «ideal» is associated with a human being, their rights, and freedoms. It has been proved that the narrow concept in the era of human rights law cannot be fully considered to be the «international rule of law», since human rights are an integral element of the latter. It is stated that contemporary theories of the rule of law and constitutionalism converge on the idea that human dignity, freedom, and human rights form the basis of all other obligations of the state. It is noted that the international analogue of the «rule of law, not individuals» would be the «rule of law, not states», which implies two aspects: it is not only about the impossibility for the hegemonic state to arbitrarily dictate its will to other states, but also the impossibility to dictate it to individuals. The authors distinguish between the concepts of «international rule of law», «rule of international law», and «rule of law in international relations». The requirements of the international rule of law in the practice of international bodies are highlighted. Based on the analysis of scientific approaches and the practice of international bodies, the authors' own definition of the «international rule of law» is provided as a civilizationwide conceptual tool that represents a set of values, doctrines, and principles, the main requirement of which is the restrictions arising from the dignity, freedoms, and fundamental rights of every individual, in order to delineate the limits of power of states concerning an individual - both at the level of relations between subjects of international law and at the level of relations between certain subjects of international law and certain individuals. [ABSTRACT FROM AUTHOR]

There is an essential conflict at the heart of the international judicial function. On the one hand, interstate courts and tribunals (ICT s) are viewed as guardians of international legality; organs of the international community itself. On the other, they are the tools of their creator states. Accordingly, traditional conceptions of the international judicial function frame ICT s as dispute settlors pure and simple, a perspective which comes into conflict with a more community-oriented role for ICT s. This article explores these different approaches to the international judicial function, presenting them as two opposing perspectives: one bilateralist, one based on the community interest in legality and the international rule of law. It then assesses the practice and procedure of the ICJ, ITLOS, and the WTO DSM in relation to jurisdiction and admissibility against these differing views of the international judicial function. It concludes that, although the bilateralist perspective still holds considerable sway, a more systemic, community interest-oriented international judicial function is clearly emerging in the field of international adjudication. [ABSTRACT FROM AUTHOR]

The UK proudly describes its longstanding commitment to the International Court of Justice as a sign of its broader commitment to international adjudication and, in turn, the international rule of law. This article calls into question this narrative suggesting that, despite official pledges and rhetoric to the contrary, the UK cannot be said to have truly accepted the authority of the Court to scrutinize its conduct, nor to have consistently acted in a manner that is respectful of that institution. To the extent that the UK wishes to present itself as a genuine supporter of the international rule of law, this article posits that it should reformulate its approach to the Court with regard to both its contentious and advisory jurisdictions. [ABSTRACT FROM AUTHOR]

India has major stakes in the Indo-Pacific region that also brings to it the same set of values, liberties and rule of law that much of the world wishes to guard but which are increasingly under threat from other different systems with their alarming ambitions and monochromatic vision of how the world should be ordered and how people and societies should be governed. It is essential that the Indo-Pacific endures and flourishes to ensure future security and prosperity not just of us in the region, but also of our friends and partners beyond it. That is why the region must be governed by commonly agreed international norms, rules and practices, and that is why those who desire this end-state must work together [ABSTRACT FROM AUTHOR]

Dworkin's philosophy of international law is distinct from other theories because it rejects five separations: a separability between international law and national legal orders, a separability between law and morality, a separability in the sources of political legitimacy of a state's government and of international law, a separability between the concepts of law and the rule of law, and a separability between theory and practice. This paper argues that the rejection of these assumptions makes Dworkin's legal monism well equipped to respond to a recent threat to the authority of international law, namely the practice described by Ginsburg as an 'authoritarian use' of international law. 'Authoritarian' international law disavowals some inferentially articulated commitments that are an important aspect of the rationality of law. Dworkin's monism enhances the intellectual attitude required by these commitments and resists some fragmentations that provide occasions and opportunities for authoritarian international law. [ABSTRACT FROM AUTHOR]

Copyright of Precedente is the property of Universidad ICESI and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In this article, an analysis is conducted of a range of international normative and legal instruments aimed at preventing the concealment of offenses. By scrutinizing international normative and legal acts and documents of international governmental organizations such as the United Nations, the Council of Europe and its Group of States against Corruption (GRECO), and others, the most influential and effective tools for preventing the concealment of offenses are identified. The analysis traces the trends in the development of international norms and their orientation towards addressing shortcomings and inadequate control mechanisms. The primary objective of this work is to emphasize the significance of implementing and effectively implementing international normative and legal acts to prevent the concealment of offenses in Ukraine. It is noted that technological advancements and increasing international connectivity necessitate enhanced cooperation between countries and the improvement of tools for detecting, investigating, and halting human rights violations, corruption, cybercrime, and other offenses. Within the scope of this article, the effectiveness and results of international normative and legal acts in preventing the concealment of offenses are examined at various levels: national, regional, and global. The influence of global political, economic, and socio-cultural factors on the effectiveness of monitoring and implementing these acts is highlighted. The role of civil organizations and activists in supporting and monitoring compliance with international norms is also investigated. Preventing the concealment of offenses is a process that requires joint efforts and the harmonization of legal systems in different countries. The article attempts to identify gaps in international normative and legal instruments and proposes measures for their further improvement. This work seeks to underscore the importance of cooperation among states, which will ensure the effectiveness of combating the concealment of offenses and promoting justice worldwide. [ABSTRACT FROM AUTHOR]

Copyright of Dixi is the property of Universidad Cooperativa de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The public policy exception is a notorious part of choice of law doctrine. The exception allows courts to refuse to apply foreign law selected by first-order choice of law rules that violates the forum's fundamental principles of morality and justice. As a doctrinal matter, public policy is a well-established part of the architecture of choice of law. But scholars have struggled to understand why it should be part of choice of law doctrine, given the normative structure of the field; how to differentiate between the fundamental and non-fundamental norms that inform its use; and how to understand the leading public policy cases in a coherent way. In this article, I offer a solution to these three problems. I argue we should reconceptualize the exception as a means by which courts can analyze the substance of foreign law to ensure that it complies with the rule of law, and thus can be applied 'as a law' in the forum. More specifically, public policy is how common law courts ensure that any foreign law they apply complies with the distinctive substantive requirements of the rule of law in the common law tradition – what is known as the common law constitution. Public policy thus defines the frontiers of legality in the common law tradition, and defends against threats from the rule of law that come from beyond the border. This approach justifies the inclusion of the exception in choice of law doctrine, given the field's other normative commitments. It can also help distinguish between the fundamental and non-fundamental norms that should define the ambit of public policy. Finally, this approach may offer a coherent account of the doctrine, as numerous leading cases can be reinterpreted to track the fundamental principles of legality that inhere in the common law constitution. [ABSTRACT FROM AUTHOR]