The idea of humanity as a civilizing principle of international law has passed from the humanitarian field to other sectors of the international order, such as the environment, through the protection ...of the atmosphere as a common concern of the international community. We are in a historical moment, similar to the one experienced in 1945, when the protection of human rights ceased to be considered an issue that was an internal matter of each State to become a matter of international interest. This study analyzes the recent works of the International Law Commission, from which the existence of obligations omnium and erga omnes with respect to the protection of the environment on a global scale seems to be inferred. Likewise, the eventual consequences that derive from its non-compliance, in matters that are a common concern of humanity, are defended as well.
La idea de humanidad como principio civilizador del Derecho internacional, ha pasado del ámbito humanitario a otros sectores del ordenamiento internacional, como el medio ambiente, a través de la protección de la atmósfera como una preocupación común de la comunidad internacional. Estamos en un momento histórico, similar al experimentado en 1945, cuando la protección de los derechos humanos dejó de ser considerada una cuestión que era un asunto interno de cada Estado para pasar a ser un asunto de interés internacional. En este estudio se analizan los recientes trabajos de la Comisión de Derecho Internacional, de los que parece inferirse la existencia de obligaciones omnium y erga omnes con respecto a la protección del medio ambiente a escala global. Asimismo, se defiende las eventuales consecuencias que se derivan de su incumplimiento, en cuestiones que son preocupación común de la humanidad.
In Article 2 (4) of the UN Charter has agreed that members of the United Nations must not intervene in internal affairs of another country, and sovereignty and territorial integrity of countries must ...be respected. Now in Syria, ISIL terrorist group is committed crimes against Shiites with the involvement of Western and Arabic countries, most of which are permanent members of the Security Council. Crimes that deprive peace, security and the right to life, causing disruption to international and regional peace and security must be prosecuted not to witness the occurrence of such crimes. Killings committed by terrorist groups against Shiites in Syria are genocide under Article 6 of the Statute of the International Criminal Court and lack of attention to crimes committed by terrorist groups in international institutions such as the International Criminal Court continues to bring chaos for the international community and are the unpleasant results resulting from weakness of courts and international organizations including the UN Security Council.
This book revisits the theory of the sources of international law from the perspective of formalism. It critically analyzes the virtues of formalism, construed as a theory of law ascertainment, as a ...means of distinguishing between law and non-law. The theory of formalism is re-evaluated against the backdrop of the growing acceptance by international legal theorists of the blurring of the lines between law and non-law. At the same time, the book acknowledges that much international normative activity nowadays takes place outside the ambit of traditional international law and that only a limited part of the exercise of public authority at the international level results in the creation of international legal rules. The theory of ascertainment that the book puts forward attempts to dispel some of the illusions of formalism that accompany the delimitation of customary international law. It also sheds light on the tendency of scholars, theorists, and advocates to deformalize the identification of international legal rules with a view to expanding international law. The book seeks to revitalize and refresh the formal identification of rules by engaging with some tenets of the postmodern critique of formalism. As a result, the book not only grapples with the practice of law-making at the international level, but it also offers broad theoretical insights on international law, dealing with the main schools of thought in legal theory (positivism, naturalism, legal realism, policy-oriented jurisprudence, and postmodernism).
This article discusses the concept and the principle of solidarity in international law. It is often argued that solidarity is a(n) (emerging) principle of international law, yet its normative ...function in international law is not clear or well defined. I trace the development of the idea of solidarity and show how its image gradually shifted from reflecting the factual societal bonds to being mainly normative and thus functioning as a reason for action. In international legal scholarship, solidarity is often portrayed as a principle of international law, but there is a great deal of variety in which normative ideas we label as ‘principles’. There are several groups of ‘principles of international law’ that are very different in the type of the normative function they perform in or for international law. I investigate to which of these groups solidarity belongs and what can it tell us about its role in international law. I suggest that solidarity is a kind of normative principle, which, though essential for the legitimation of international law, is not legally normative by the function it performs. I draw a line between having a normative function within and outside the law, and use the concept of pre-emptive reasons to show why solidarity is not and should not be considered as a principle of international law in order to perform the normative function that it has. I argue that the authority of international law requires that normative ideals such as solidarity are pre-empted, and therefore replaced in practical reasoning, by legal rules.
The central theme of this article is given by the influence that fundamental valuesand principles of international law have on the construction of the European securitypolicies. These principles are ...not only abstract, theoretical constructions, lacking legaleffects, but represent the expression of the fundamental values underlying theinternational legal architecture. The basis for placing these values and principles at thecenter of the common policies is justified by the status of the European Union as asubject of the international law system. The increasing involvement of the EU in fieldssuch as security and defense, democracy and human rights justifies the importance ofidentifying and highlighting the principles governing the organization and its policies.The recognition of their authority and the de facto application of these principles andnorms by the European institutions, in the framework of its external actions andmechanisms, ensure the legality of the organization's activity.
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