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24774 results in Public International Law

Page 370 of 1239

  • 9 - The Law of Peoples and International Law

  • from Part III - International Law, Islam, and the Third World
  • Gustavo Gozzi, Università di Bologna
  • Book:
    Rights and Civilizations
    Published online:
    11 February 2019
    Print publication:
    14 February 2019, pp 201-220

  • Summary

    Chapter 9 shows how John Rawls, in continuity with the Kantian perspective, frames a conception of international law as part of a law of peoples informed by the principles of positive international law. Rawls attempts to identify a common foundation of international law given the plurality of states and the plural ideologies they subscribe to, ranging from those of liberal democracy to those of Islamic law. To this end, in seeking to identify the conditions of a possible coexistence, he fleshes out the idea of “a just political society of well-ordered peoples.” More to the point, Rawls’s law of peoples sees in human rights a common standard which holds good independently of one’s ideological persuasion – be it natural law or Islamic law – and which can accordingly serve as a basis for membership in a just society of peoples. With this basic idea Rawls goes back to the crucial question of war, finding that any legitimation of war must be grounded in the guarantee of security, that is, in self-defense, or else in the exception of what he terms “supreme emergency.”

  • 10 - Islam and Rights: Islamic and Arab Charters of the Rights of Man

  • from Part III - International Law, Islam, and the Third World
  • Gustavo Gozzi, Università di Bologna
  • Book:
    Rights and Civilizations
    Published online:
    11 February 2019
    Print publication:
    14 February 2019, pp 221-266

  • Summary

    Chapter 10 illustrates the conflict that has existed between the West and the Islamic world from the time of the negotiating and drafting history of the 1948 Universal Declaration of Human Rights. Against this background, the Western conceptions of human rights are looked at in comparison with Islamic declarations of human rights. In this analysis, international law clearly reveals itself to actually consist of a plurality of international systems deeply informed by the cultural differences by which peoples are divided. This appreciation makes it possible to compare the Western and Islamic visions of human rights so as to identify what common ground there is between them. This is done by canvassing the attempts that have been made to interpret Islamic religious sources from a historical perspective. Several insights emerge from this exploration as we consider how, starting from the Barcelona Declaration of 1995, the Mediterranean has come to be identified as the geopolitical area that – by reason of a long historical tradition of cross-fertilization among civilizations (Greek, Roman, Hebraic, Christian, and Islamic) – can give rise to a “meeting of civilizations.”

  • 2 - Hugo Grotius and the Law of Peoples

  • from Part I - Ius Gentium and the Origins of International Law
  • Gustavo Gozzi, Università di Bologna
  • Book:
    Rights and Civilizations
    Published online:
    11 February 2019
    Print publication:
    14 February 2019, pp 25-51

  • Summary

    The jus gentium doctrine developed by the Dutch jurist Hugo Grotius was profoundly influenced by the conception of the law of peoples expounded by the Spanish School of Salamanca. This theme is developed in Chapter 2, devoted to Grotius, by addressing the deep contrast that in his thought frames the entire relation between the rights of man and the sovereignty of states, a contrast that found its resolution with the full affirmation of the modern system of states that was formed in the wake of the Peace of Westphalia. But the development of this system of states is also examined from the perspective of the rise of Western colonialism. Following the path beaten by Vitoria, though within a frame of thought that by now had become fully secularized, Grotius observed how the push to take the property of indigenous populations would typically masquerade under the justification of civilizing the barbaric regions of the world.

  • 12 - The Foundation of Human Rights: An Intercultural Perspective

  • from Part IV - Conditions for Peace
  • Gustavo Gozzi, Università di Bologna
  • Book:
    Rights and Civilizations
    Published online:
    11 February 2019
    Print publication:
    14 February 2019, pp 297-320

  • Summary

    Chapter 12, in the fourth and final part of the book, analyzes the conditions for a possible meeting of civilizations by way of domestic law. On this approach, the problem of the foundation of rights is addressed by relating rights to dignity, and in particular by comparing the Western understanding of this relation with its understanding in the Islamic tradition. This analysis will suggest the need to recognize cultural rights, so as to protect the identities embedded in different cultures and make for democracies that are more embracing, moving toward a legal pluralism bound to work deep changes in them. Only if Western democracies succeed in effecting forms of integration through which “the other” is recognized and respected will they be able to present themselves as participants in an “intercivilizational dialogue” in which they are in their own turn recognized by countries belonging to other civilizations and cultures.

  • 6 - International Law, Peace, and Justice: Hans Kelsen’s Normativism

  • from Part II - International Law and Western Civilization
  • Gustavo Gozzi, Università di Bologna
  • Book:
    Rights and Civilizations
    Published online:
    11 February 2019
    Print publication:
    14 February 2019, pp 141-165

  • Summary

    Chapter 6 proceeds from a cosmopolitan perspective to address the problem of the crisis of the sovereignty of nation-states in the transition from the nineteenth to the twentieth century, to this end drawing on Hans Kelsen, who proceeded precisely from an awareness of that crisis to develop a monistic conception of international law relative to the states’ domestic law. In his analysis he called into question the very principles of nineteenth-century doctrine, where international law – conceived as the highest expression of the state – was accordingly reduced to what Hegel called external public law, or the state’s external law (äußere Staatsrecht). He instead drew on a tradition of thought that traced back to Christian Wolff and his doctrine of the civitas maxima, taking it up as the institutional form of a new society of peoples. Kelsen thus developed a conception that, moving beyond any contract-theory approach, made international law into a higher-order system independent of the will of the states. Corresponding to this doctrine was an ideology of “pacifism” set against the “imperialist” ideology of nation-states.

  • 5 - International Law and Western Civilization

  • from Part II - International Law and Western Civilization
  • Gustavo Gozzi, Università di Bologna
  • Book:
    Rights and Civilizations
    Published online:
    11 February 2019
    Print publication:
    14 February 2019, pp 109-140

  • Summary

    Chapter 5 is devoted to the relation between international law and Western civilization. By looking at authors like Johann Caspar Bluntschli, James Lorimer, and John Westlake, the chapter analyzes the conceptions that lay at the foundation of international law in the nineteenth century, and then it traces out the way these conceptions have developed in the twentieth century. Nineteenth-century international law came into being as a European project: it expressed a shared European consciousness and was regarded as a product of the community of Christian and “civilized” peoples. In reality, and this is the central thesis in this Chapter 5, until the second half of the nineteenth century, Western international law was only one among a plurality of international legal systems: these include the Sino-centric system and the siyar system of international Islamic law, and just like the European legal system, they expressed a pretense to universality. A core part of the discussion is therefore informed by the argument that the universality claimed for the West’s international legal system was in fact relative. In this sense this chapter, and indeed the entire book, invites the reader to look at the West through the eyes of “the other.”

  • 11 - The Third World and International Law

  • from Part III - International Law, Islam, and the Third World
  • Gustavo Gozzi, Università di Bologna
  • Book:
    Rights and Civilizations
    Published online:
    11 February 2019
    Print publication:
    14 February 2019, pp 267-294

  • Summary

    Chapter 11 develops in depth that specific stream in the analysis of modern international law which goes by the label TWAIL – short for Third World Approaches to International Law – on which, as the name suggests, Western international law is viewed from a Third World perspective. Here we survey the work of scholars like R. P. Anand, Antony Anghie, James Thuo Gathii, Balakrishnan Rajagopal, Siba N’Zatioula Grovogui, and Bhupinder Chimni, closing in on two specific theses they advance about international law: first, that this is the source from which comes the ideology on which basis colonialism has been justified; and, relatedly, that international law places itself at the service of the Western powers’ new colonial approaches.

Rights and Civilizations
  • A History and Philosophy of International Law
  • Gustavo Gozzi
  • Published online:
    11 February 2019
    Print publication:
    14 February 2019
  • Rights and Civilizations, translated from the Italian original, traces a history of international law to illustrate the origins of the Western colonial project and its attempts to civilize the non-European world. The book, ranging from the sixteenth century to the twenty-first, explains how the West sought to justify its own colonial conquests through an ideology that revolved around the idea of its own assumed superiority, variously attributed to Christian peoples (in the early modern age), Western 'civil' peoples (in the nineteenth century), and 'developed' peoples (at the beginning of the twentieth century), and now to democratic Western peoples. In outlining this history and discourse, the book shows that, while the Western conception may style itself as universal, it is in fact relative. This comes out by bringing the Western civilization into comparison with others, mainly the Islamic one, suggesting the need for an 'intercivilizational' approach to international law.

  • Mining for humanity in the deep sea and outer space: The role of small states and international law in the extraterritorial expansion of extraction

  • Isabel Feichtner
  • Journal:
    Leiden Journal of International Law / Volume 32 / Issue 2 / June 2019
    Published online by Cambridge University Press:
    07 February 2019, pp. 255-274
    Print publication:
    June 2019
    • Article
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  • This article explores how Luxembourg and Nauru put their sovereignty to use in order to become global players in what can be considered extraterritorial landgrabs – the turning of the deep seabed and outer space into realms of commercial exploitation. It shows how the international legal framework puts states, however small, into a position to facilitate private enterprises’ endeavours to obtain extraterritorial exploitation rights. The article further enquires into the public interest justifications put forward by governments to legitimate their support for the expansion of private resource extraction into the deep sea and outer space. It finds that these justifications are very tenuous; that governments refer to vague notions of economic growth and benefits that may accrue from extraction to an undefined humanity while it remains unclear whether their own populations will obtain any concrete gains. Both case studies illustrate how states, on the basis of international law, facilitate the expansion of private value extraction, thus perverting the redistributive ambitions that may once have motivated the negotiations of the United Nations Convention on the Law of the Sea and the Outer Space Treaty.

Page 370 of 1239