Name: PUBLIC INTERNATIONAL LAW LAWPUBL 402 (4) PART I: HISTORY AND THEORY 2. HISTORY AND THEORY OF INTERNATIONAL LAW CTD. COLOUR: INFUSION IMAGES: FLICKR TEXT & RECORDING © C FOSTER
Uploaded: 2022-03-05
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Description: . PUBLIC INTERNATIONAL LAW LAWPUBL 402 (4) PART I: HISTORY AND THEORY 2. HISTORY AND THEORY OF INTERNATIONAL LAW CTD. COLOUR: INFUSION IMAGES: FLICKR TEXT & RECORDING © C FOSTER.

. PUBLIC INTERNATIONAL LAW LAWPUBL 402 (4) PART I: HISTORY AND THEORY 2. HISTORY AND THEORY OF INTERNATIONAL LAW CTD. COLOUR: INFUSION IMAGES: FLICKR TEXT & RECORDING © C FOSTER. 

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PUBLIC  INTERNATIONAL LAW LAWPUBL 402 (4) PART I:  HISTORY AND THEORY 2.  HISTORY AND THEORY OF  INTERNATIONAL LAW CTD. COLOUR:  INFUSION IMAGES: FLICKR TEXT & RECORDING  © C FOSTER

NEW AMERICA. WHY DO STATES COMPLY WITH INTERNATIONAL LAW?. 

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WHY DO STATES COMPLY WITH INTERNATIONAL LAW?

Man 'bites dog' A man of biting a police dog has appeared in court. John Kolio Fidow is facing 10 charges, including two animal cruelty related charges, three counts of burglary, and two charges of reckless driving relating to the incident on July 9. Police said Fidow crashed his vehicle in New Plymouth, then crashed a second vehicle after he took its keys. A dog which Fidow after he fled the scene was allegedly bitten on the head, thrown against a wall and onto the ground. Fidow, 33, was remanded in custody when he appeared with bandages on an arm and a hand at the New Plymouth District Court yesterday.. 

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Man 'bites dog'
A man of biting a police dog
has appeared in court. John Kolio
Fidow is facing 10 charges, including
two animal cruelty related charges,
three counts of burglary, and two
charges of reckless driving relating to
the incident on July 9. Police said
Fidow crashed his vehicle in New
Plymouth, then crashed a second
vehicle after he took its keys. A
dog which Fidow after he fled
the scene was allegedly bitten on the
head, thrown against a wall and onto
the ground. Fidow, 33, was remanded
in custody when he appeared with
bandages on an arm and a hand at
the New Plymouth District Court
yesterday.

Louis Henkin: “almost all nations observe almost all principles of international law and almost all of their obligations almost all of the time”.  Philip C Jessup,  A Modern Law of Nations  (The MacMillan Company, New York,   1948):   “Situations where states do not comply with the judgments of international courts as rare as newspaper headlines reporting that “man-bites-dog”.” Clipping from The Herald 20 July 2018.

Egs: Iraq/Saddam Hussein, annexed Kuwait in 1991 Indonesia invaded East Timor in 1975 Russia took over the Crimean peninsula in 2014. 

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Egs: Iraq/Saddam Hussein, annexed Kuwait in 1991 Indonesia invaded East Timor in 1975 Russia took over the Crimean peninsula in 2014

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Sir Humphrey Waldock notes that: “It is significant that when a breach of international law is alleged by one party to a controversy, the act impugned is practically never defended by claiming the right of private judgment, which would be the natural defence if the issue concerned the morality of the act, but always by attempting to prove that no rule has been violated…” (H. Waldock, Brierly, The Law of Nations 6 th Ed, 1963).. 

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Sir Humphrey Waldock notes that:  “It is significant that when a breach of international law is alleged by one party to a controversy, the act impugned is practically never defended by claiming the right of private judgment, which would be the natural defence if the issue concerned the morality of the act, but always by attempting to prove that no rule has been violated…” (H. Waldock,  Brierly, The Law of Nations  6 th  Ed, 1963).

As asked by John Austin, The Province of Jurisprudence Determined (London, 1954). Remember that Austin viewed law as based on the concept of a sovereign who issues commands. Be ready for this question at social functions – it still gets asked!. 

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As asked by John Austin,  The Province of Jurisprudence Determined  (London, 1954). Remember that Austin viewed law as based on the concept of a sovereign who issues commands.  Be ready for this question at  social functions – it still gets asked!

A RUSSIA 1. classical Marxism (Karl Marx 1818-1883): law and the state are expected to disappear 2. Russian Revolution, Lenin (1917), Russian empire comes to an end and USSR established in 1922: transitional phase in thought about international law 3. Stalinism (1927-1939): Soviet Union accepted only certain rules of international law, including: national self-determination, state sovereignty and the equality of states. 

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A RUSSIA 1. classical Marxism (Karl Marx 1818-1883): law and the state are expected to disappear  2. Russian Revolution, Lenin (1917), Russian empire comes to an end and USSR established in 1922:  transitional phase in thought about international law 3. Stalinism (1927-1939): Soviet Union accepted only certain rules of international law, including:  national self-determination,  state sovereignty and  the equality of states

HOW UNIVERSAL HAS MODERN INTERNATIONAL LAW BEEN?

4. Post-Stalinist approach recognised instead that there was a single system of international law (Professor Grigory Tunkin ). 5. Khrushchev (1958-1964): new notion of the international law of peaceful co-existence became the dominant theory. Important ideas included good neighbourliness , international cooperation and the observance in good faith of international obligations. 6. Perestroika/restructuring, 1980s under Gorbachev, new commitment to the role of the United Nations, and to strengthening the international legal system and the international role of law 7. Dissolution of the Soviet Union in 1991. 8. Russian Federation participates in international law as we know it.. 

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4. Post-Stalinist approach  recognised  instead that there was a single system of international law (Professor  Grigory   Tunkin ). 5. Khrushchev (1958-1964): new notion of the international law of  peaceful co-existence  became the dominant theory.  Important ideas included good  neighbourliness , international cooperation and the observance in good faith of international obligations.  6. Perestroika/restructuring, 1980s under Gorbachev, new commitment to the role of the United Nations, and to strengthening the international legal system and the international role of law  7. Dissolution of the Soviet Union in 1991.  8. Russian Federation participates in international law as we know it.

B) CHINA Chinese Communism (beginning in 1949). Politics, power and expediency. Now fully engaged in world politics & more legalised . 2016 Declaration of the Russian Federation and the People’s Republic of China on the Promotion of International Law. 

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B) CHINA Chinese Communism (beginning in 1949).   Politics, power and expediency.   Now fully engaged in world politics & more  legalised . 2016  Declaration of the Russian Federation and the People’s Republic of China on the Promotion of International Law

. CONTEMPORARY ISSUES: RUSSIA AND CHINA. 1. The acquisition of Crimea by Russia. 

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2 The problems with China in the South China Sea. See “South China Sea dispute: Australia says Beijing's claims have no legal basis” https://www.bbc.com/news/world-australia-53536173 25 July 2020. 

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2 The problems with China in the South China Sea.   See “South  China Sea dispute: Australia says Beijing's claims have no legal basis”   https://www.bbc.com/news/world-australia-53536173 25 July 2020

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For interest: Anthea Roberts, Paul B. Stephan, Pierre-Hugues Verdier , and Mila Versteeg, (eds) Comparative International Law (Oxford University Press, 2018) Phil C.W. Chan “China’s Approaches to International Law since the Opium Wars” [2014] Leiden Journal of International Law 859, 861-871, 882-888 Lauri Mälksoo , Russian Approaches to International Law (Oxford University Press, 2015). 

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For interest: Anthea Roberts, Paul B. Stephan, Pierre-Hugues  Verdier , and Mila Versteeg, (eds)  Comparative International Law   (Oxford University Press, 2018) Phil C.W. Chan “China’s Approaches to International Law since the Opium Wars”  [2014] Leiden Journal of International Law 859, 861-871, 882-888 Lauri  Mälksoo , Russian Approaches to International Law (Oxford University Press, 2015)


PUBLIC 
INTERNATIONAL LAW LAWPUBL 402 (4)

PART I:  HISTORY AND THEORY
2.  HISTORY AND THEORY OF INTERNATIONAL LAW CTD.

COLOUR:  INFUSION
IMAGES: FLICKR

TEXT & RECORDING © C FOSTER


 B) CHINA Chinese Communism (beginning in 1949).   Politics, power and expediency.   Now fully engaged in world politics & more  legalised . 2016  Declaration of the Russian Federation and the People’s Republic of China on the Promotion of International Law 

slide9-hotlink156

  2 The problems with China in the South China Sea.   See “South  China Sea dispute: Australia says Beijing's claims have no legal basis”   https://www.bbc.com/news/world-australia-53536173 25 July 2020

slide11-hotlink2

 For interest: Anthea Roberts, Paul B. Stephan, Pierre-Hugues  Verdier , and Mila Versteeg, (eds)  Comparative International Law   (Oxford University Press, 2018) Phil C.W. Chan “China’s Approaches to International Law since the Opium Wars”  [2014] Leiden Journal of International Law 859, 861-871, 882-888 Lauri  Mälksoo , Russian Approaches to International Law (Oxford University Press, 2015)