Search results for: third world approaches to international law
14108 The Islamic Perspective in International Relations
Authors: Hakam Junus, Natassha Chrysanti
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The international relations theory currently is dominated by the western theoretical perspectives. Although the western theories are often used by many scholars as the universal perspective to explain the phenomena that occur in the world, sometimes the existing theories are failed to explain various issues that occur in the non-western world, for example, in the studies concerning on terrorism issues. Using inappropriate theories to explain the international issues such as terrorism will cause a failure in the decision-making process. The lack of understanding regarding Islamic perspective could be one of the factors that make international society unable to eradicate violent terrorism in the name of religion. Thus, this paper is argued that considering Islamic perspective as one of the major studies in international relations is significant to build a bridge between the Islamic world and the western world. It is believed that enhancing the study of Islamic perspective will create better understanding of the Islamic world and will enrich the study of international relations. This paper is conducted through a qualitative approach, in which data is obtained from the literature analysis. Considering Islamic perspective is important because Islam is listed as one of the major religions in the world. It is also due to the geopolitical spread of the Muslim in the world and the likelihood of the Islamic perspective to shape and influence Muslim’s behavior in the international level. The study of Islamic perspective in the international level is neither to contempt nor to oppose the existing western theories; rather it is needed in order to broaden the perspective in the international relations studies. The Islamic perspective is different compared to the non-western school of thought such as realism, and liberalism in some respects. The Islamic perspective cannot be explained through the lens of rationalist approaches. Compares to the post-positivism international relations perspectives, Islamic perspective is probably closer to the constructivist school of thought. However, the Islamic perspective offers some uniqueness that is not limited to the socially constructed ideas as in the constructivist arguments. This paper will be developed according to the discussion of three aspects that make Islamic perspective different with the existing international relations theories. The first aspect is the main actors in the international level. The second aspect is regarding on what appears to be the most important point for the actors in the international relations. The third aspect is regarding the pattern of relationship between the actors in the international level. In addition, this paper will briefly discuss the perspective of Islam in economics compare to the existing theories in the realm of international political economy.Keywords: international relations, Islam, non-western theories, societies
Procedia PDF Downloads 50614107 Jailhouse Lawyers’ Rebel Imaginations: Incarcerated Americans’ Insurgent Constructions of International Human Rights Law
Authors: Chisato Kimura
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This paper examines the often-overlooked international law claims that jailhouse lawyers – incarcerated people who have self studied the law – bring, resisting against their conditions of incarceration, as a different perspective on and source of rebel imagination of the potential of international law, particularly as it pertains to prison conditions and racial mass incarceration. Although the dominant approaches to the U.S. criminal legal system and the international legal system serve white supremacist and capitalist interests, an anti-racist and third world approach to law requires an examination of alternative imaginations and possibilities of law, particularly formed by individuals most marginalized by current legal structures. Jailhouse lawyers’ – who are predominantly racialized peoples – deployment of international law is a form of resistance against the U.S. criminal legal system that serves as a future facing project of dismantling and reshaping international law. Many jailhouse lawyers have brought pro se lawsuits against prisons, prison officials, and governments, and have included international law claims. Just a few examples of international treaties being invoked include the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights (“ICCPR”), the International Convention on the Elimination of All Forms of Racial Discrimination (“ICERD”), and the Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment (“CAT”). Jailhouse lawyers’ international claims are understudied by scholars and practitioners because they are often dismissed in court due to the non-self-executing doctrine. However, jailhouse lawyers’ deployment of their vision of international law serves as a form of resistance against the colonial and white supremacist U.S. legal system, and their interpretations and reimaginations of international law can serve as a roadmap for shaping a more equitable international legal framework. This paper will examine jailhouse lawyers’ international law claims to provide insights to shape a radical imagination of an anti-racist future in both domestic criminal legal systems and international law as a whole.Keywords: anti-racism, human rights, international law, jailhouse lawyers, prison conditions, third world approaches to international law
Procedia PDF Downloads 014106 Development of Risk-Based Ambient Air Quality Standards in the Russian Federation on the Basis of Risk Assessment Procedures Harmonized with International Approaches
Authors: Nina V. Zaitseva, Pavel Z. Shur, Nina G. Atiskova
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Nowadays harmonization of sanitary and hygienic standards of environmental quality with international standards is crucial part of integration of Russia into the international community. Harmonization of Russian and international ambient air quality standards may be realized by risk-based standards development. In this paper approaches to risk-based standards development and examples of these approaches implementation are presented.Keywords: harmonization, health risk assessment, evolutionary modelling, benchmark level, nickel, manganese
Procedia PDF Downloads 39414105 Fundamentals of Theorizing Power in International Relations
Authors: Djehich Mohamed Yousri
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The field of political science is one of the sciences in which there is much controversy, in terms of the multiplicity of schools, trends, and goals. This overlap and complexity in the interpretation of the political phenomenon in political science has been linked to other disciplines associated with it, and the science of international relations and the huge amount of theories that have found a wide range and a decisive position after the national tide in the history of Western political thought, especially after the Westphalia Conference 1648, and as a result was approved The new foundations of international politics, the most important of which is respect for state sovereignty. Historical events continued and coincided with scientific, intellectual, and economic developments following the emergence of the industrial revolution, followed by the technological revolutions in all their contents, which led to the rooting and establishment of a comprehensive political system that is more complex and overlapping than it was in the past during the First and Second World Wars. The international situation has become dependent on the digital revolution and its aspirations in The comprehensive transformation witnessed by international political relations after the Cold War.Keywords: theorizing, international relations, approaches to international relations, political science, the political system
Procedia PDF Downloads 10914104 Using Contingency Valuation Approaches to Assess Community Benefits through the Use of Great Zimbabwe World Heritage Site as a Tourism Attraction
Authors: Nyasha Agnes Gurira, Patrick Ngulube
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Heritage as an asset can be used to achieve cultural and socio-economic development through its careful use as a tourist attraction. Cultural heritage sites, especially those listed as World Heritage sites generate a lot of revenue through their use as tourist attractions. According to article 5(a) of the World Heritage Convention, World Heritage Sites (WHS) must serve a function in the life of the communities. This is further stressed by the International Council on Monuments and Sites (ICOMOS) charter on cultural heritage tourism which recognizes the positive effects of tourism on cultural heritage and underlines that domestic and international tourism is among the foremost vehicles for cultural exchange, conservation should thus provide for responsible and well-managed opportunities for local communities. The inclusion of communities in the world heritage agenda identifies them as the owners of the heritage and partners in the management planning process. This reiterates the need to empower communities and enable them to participate in the decisions which relate to the use of their heritage divorcing from the ideals of viewing communities as beneficiaries from the heritage resource. It recognizes community ownership rights to cultural heritage an element enshrined in Zimbabwe’ national constitution. Through the use of contingency valuation approaches, by assessing the Willingness to pay for visitors at the site the research determined the tourism use value of Great Zimbabwe (WHS). It assessed the extent to which the communities at Great Zimbabwe (WHS) have been developed through the tourism use of the WHS. Findings show that the current management mechanism in place regards communities as stakeholders in the management of the WHS, their ownership and property rights are not fully recognized. They receive indirect benefits from the tourism use of the WHS. This paper calls for a shift in management approach where community ownership rights are fully recognized and more inclusive approaches are adopted to ensure that the goal of sustainable development is achieved. Pro-poor benefits of tourism are key to enhancing the livelihoods of communities and can only be achieved if their rights are recognized and respected.Keywords: communities, cultural heritage tourism, development, property ownership rights, pro-poor benefits, sustainability, world heritage site
Procedia PDF Downloads 26114103 Role of International Organizations towards Good Governance: Recent Trends
Authors: E. Prema Shyam
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The role of international organizations has contributed in various ways for the good governance in the world at large. Since the beginning of the 1990s international organizations, particularly those active in the areas of human rights, trade and economic etc., have embraced a 'good governance'. It is also pertinent to mention that the application of the concept of good governance to international organizations themselves and not exclusively to national or regional polities is a more recent phenomenon. Especially since the second half of the 1990s, a number of international organizations have carried out major governance reforms, assuming that their calls for governments to heed higher standards of good governance will be all the more credible provided that they develop a good governance standard for themselves. In addition to this number of organizations such as the United Nations (UN), Organisation for Economic Co-operation and Development (OECD), European Union (EU), International Committee of the Red Cross and World Trade Organization (WTO). OECD has been specifically mobilized to fight corruption. The World Bank was the first international organization to address the issue of good governance when it attributed the African development crisis to a crisis of governance in a 1989 report. International organizations are often denounced for their lack of transparency and democracy. However, in the last few years, a number of them have pushed through impressive reforms aimed at enhancing good governance standards within their own organizations, especially in the light of their long-standing secrecy. This is a remnant of the traditional conception of international organizations, which renders them merely answerable to their Members. International organizations have already gone quite some way in the areas of good management and opening up to the public. However, as far as participatory governance is concerned, lot to be done for the larger interest of society. In this paper, an attempt has been made to focus the issues on international organisations with regard to good governance.Keywords: good governance, World Trade Organisation, international organisation, governance reforms
Procedia PDF Downloads 45714102 Existing International Cooperation Mechanisms and Proposals to Enhance Their Effectiveness for Marine-Based Geoengineering Governance
Authors: Aylin Mohammadalipour Tofighi
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Marine-based geoengineering methods, proposed to mitigate climate change, operate primarily through two mechanisms: reducing atmospheric carbon dioxide levels and diminishing solar absorption by the oceans. While these approaches promise beneficial outcomes, they are fraught with environmental, legal, ethical, and political challenges, necessitating robust international governance. This paper underscores the critical role of international cooperation within the governance framework, offering a focused analysis of existing international environmental mechanisms applicable to marine-based geoengineering governance. It evaluates the efficacy and limitations of current international legal structures, including treaties and organizations, in managing marine-based geoengineering, noting significant gaps such as the absence of specific regulations, dedicated international entities, and explicit governance mechanisms such as monitoring. To rectify these problems, the paper advocates for concrete steps to bolster international cooperation. These include the formulation of dedicated marine-based geoengineering guidelines within international agreements, the establishment of specialized supervisory entities, and the promotion of transparent, global consensus-building. These recommendations aim to foster governance that is environmentally sustainable, ethically sound, and politically feasible, thereby enhancing knowledge exchange, spurring innovation, and advancing the development of marine-based geoengineering approaches. This study emphasizes the importance of collaborative approaches in managing the complexities of marine-based geoengineering, contributing significantly to the discourse on international environmental governance in the face of rapid climate and technological changes.Keywords: climate change, environmental law, international cooperation, international governance, international law, marine-based geoengineering, marine law, regulatory frameworks
Procedia PDF Downloads 7714101 The International Labor Organization and the Formulation of International Labor Standards
Authors: Tahraoui Boualem
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The International Labor Organization is one of the specialized agencies of the United Nations, and it is the only organization within the United Nations system that is distinguished by its tripartite legitimacy and which simultaneously includes governments, workers' and employers' organizations of its member states in a joint effort to set standards and policies Work to promote decent work in various parts of the world, and the expression of international labor standards basically means two types of documents, namely international labor agreements and international labor recommendations, and so far its general conference, which is held annually, has set a number of standards, the number of which has reached 184 agreements and 192 recommendations so far. For this reason, it is decided to clarify the International Labor Organization and the formulation of international labor standards within two sections. In the first topic, the researcher discusses the concept of the International Labor Organization, and in the second topic, it highlights the legal basis for the authority of the International Labor Organization in protecting the rights of workers.Keywords: international labor, international labor standards, rights of workers, nation’s system
Procedia PDF Downloads 7614100 Human Rights Violations and the Inability of International Law to Solve Them
Authors: Amin Osama Amin Mohamed Elbaramawy
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In the last period of time, about ten years ago, wars caused violations of human rights in many places, and despite international condemnations, they did not stop, and the truth is that international law was unable to stop them. The global wars and conflicts that the world has been witnessing for more than ten years have caused the displacement of millions of people in all parts of the earth, causing a violation of the human rights of those people. Despite international condemnations of these conflicts, these conflicts have not stopped and have not been resolved until now. Therefore, I call for international law and international courts to be more effective and not just in words, taking into account the speed in this due to the increase in those wars and conflicts every day and new violations every day.Keywords: war, freedom, human rights, international law
Procedia PDF Downloads 10114099 Engaging the World Bank: Good Governance and Human Rights-Based Approaches
Authors: Lottie Lane
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It is habitually assumed and stated that the World Bank should engage and comply with international human rights standards. However, the basis for holding the Bank to such standards is unclear. Most advocates of the idea invoke aspects of international law to argue that the Bank has existing obligations to act in compliance with human rights standards. The Bank itself, however, does not appear to accept such arguments, despite having endorsed the importance of human rights for a considerable length of time. A substantial challenge is that under the current international human rights law framework, the World Bank is considered a non-state actor, and as such, has no direct human rights obligations. In the absence of clear legal duties for the Bank, it is necessary to look at the tools available beyond the international human rights framework to encourage the Bank to comply with human rights standards. This article critically examines several bases for arguing that the Bank should comply and engage with human rights through its policies and practices. Drawing on the Bank’s own ‘good governance’ approach as well as the United Nations’ ‘human rights-based-approach’ to development, a new basis is suggested. First, the relationship between the World Bank and human rights is examined. Three perspectives are considered: (1) the legal position – what the status of the World Bank is under international human rights law, and whether it can be said to have existing legal human rights obligations; (2) the Bank’s own official position – how the Bank envisages its relationship with and role in the protection of human rights; and (3) the relationship between the Bank’s policies and practices and human rights (including how its attitudes are reflected in its policies and how the Bank’s operations impact human rights enjoyment in practice). Here, the article focuses on two examples – the (revised) 2016 Environmental and Social Safeguard Policies and the 2012 case-study regarding Gambella, Ethiopia. Both examples are widely considered missed opportunities for the Bank to actively engage with human rights. The analysis shows that however much pressure is placed on the Bank to improve its human rights footprint, it is extremely reluctant to do so explicitly, and the legal bases available are insufficient for requiring concrete, ex ante action by the Bank. Instead, the Bank’s own ‘good governance’ approach to development – which it has been advocating since the 1990s – can be relied upon. ‘Good governance’ has been used and applied by many actors in many contexts, receiving numerous different definitions. This article argues that human rights protection can now be considered a crucial component of good governance, at least in the context of development. In doing so, the article explains the relationship and interdependence between the two concepts, and provides three rationales for the Bank to take a ‘human rights-based approach’ to good governance. Ultimately, this article seeks to look beyond international human rights law and take a governance approach to provide a convincing basis upon which to argue that the World Bank should comply with human rights standards.Keywords: World Bank, international human rights law, good governance, human rights-based approach
Procedia PDF Downloads 36514098 An Extended Eclectic Paradigm of Dunning: Impact of New International Business Processes
Authors: D. De Matías Batalla
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This paper develops and extended eclectic paradigm to fit the firm internationalization process with the real international business world. The approach is based on Dunning´s, introducing new concepts like mode of entry, international joint venture o international mergers and acquisitions. At the same time is presented a model to describe the Spanish international mergers and acquisitions in order to determinate the most important factor that influence in this type of foreign direct investment.Keywords: dunning, eclectic paradigm, foreign direct investment, IJV, international business, international management, multinational firms, firm internationalization process, M&A
Procedia PDF Downloads 42414097 Relevance of the Tokyo Trial: A Comparative Perspective
Authors: Nalanda Roy
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The project will offer a fresh and critical perspective into the Tokyo Trial judgment led by the Indian Jurist Dr. Radha Binod Pal. The project will focus on the Third World Approach to International Law (TWAIL) methodology to examine the relevance of international law from the post-colonial perspectives. The project will analyze Pal’s dissenting arguments from a new and comparative perspective, apply for work from other disciplines, and create an understanding of the significance of the historic judgment considering its contemporary relevance, and fill in the gaps that exist in the call for global justice.Keywords: Tokyo trial, third world, judgment, international law
Procedia PDF Downloads 9514096 Tracing the Concept of Equivalence in Translation Theories from the Linguistics Oriented Era to Present
Authors: Fatma Ülkü Kavruk
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The comparison of the old and new approaches reveals that the concept of equivalence has been interpreted and categorized in different ways by different scholars throughout the history. The aim of this study is to trace the concept of equivalence in translation theories from the linguistics-oriented era to present, referring to various translation scholars and to provide a critical evaluation of the nature and applicability of the concept of equivalence in today’s world of translation studies. Within the study, various interpretations of equivalence proposed by international scholars in translation studies are to be presented. In order to find out the reflections of these scholars’ approaches to the Turkish scholars’ research, the interpretations of equivalence by various Turkish scholars are to be examined. At the end of the paper, the applicability of the concept of equivalence in real life is to be discussed in light of these approaches.Keywords: translation studies, equivalence, translation theories, evaluation
Procedia PDF Downloads 49814095 International Criminal Prosecution and Core International Crimes
Authors: Ikediobi Lottanna Samuel
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Days are gone when perpetrators of core international crimes hide under the cloak of sovereignty to go with impunity. The principle of international criminal responsibility is a reality. This move to end impunity for violation of human rights has led to the creation of international and hybrid tribunals, a permanent international criminal court, and increased prosecution of human rights violations in domestic courts. This article examines the attempts by the international community to bring perpetrators of heinous crimes to book. The work reveals the inadequacy of the current international mechanism for prosecuting core international crimes in order to end the culture of impunity and entrench the culture of accountability. It also identifies that ad hoc international criminal tribunals and the international criminal court face similar challenges ranging from lack of cooperation by nation states, non-existence of hierarchy of crimes, lack of effective enforcement mechanism, limited prosecutorial capacity and agenda, difficulty in apprehending suspects, difficulty in blending different legal tradition, absence of a coherent sentencing guideline, distant location of courts, selective indictment, etc. These challenges adversely affect the functioning of these courts. It is suggested that a more helpful way to end impunity would be to have a more robust and synergistic relationship between national, regional, and international approaches to prosecuting core international crimes.Keywords: prosecution, criminal, international, tribunal, justice, ad hoc
Procedia PDF Downloads 21914094 Beyond Adherence: Reevaluating the True Significance of International Law
Authors: Maryam Ashegi
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The theoretical and, more recently, practical examination of compliance has emerged as a key focus and possibly the most rapidly expanding subfield in international legal academia. The writers aim to challenge this tendency. They contend that examining the goals of international law solely through the perspective of rule adherence results in insufficient analysis and comprehension of the varied, intricate purposes and initiatives that different actors impose and translate onto international legality, often leading to oversimplification or distortion of the relationship between international law and politics. By referencing various examples across several fields of international law -spanning from international trade and investment to international criminal and humanitarian law- the authors aim to illustrate how the notion of compliance (particularly seen as adherence to rules) falls short in explaining the normative impact of international law. A key weakness of compliance studies lies in their neglect of the interpretation issue: interpretation significantly influences the fate of legal rules in real-world situations, but 'compliance' studies start with the assumption that rules have a fixed and universally accepted meaning, requiring only observation of their adherence.Keywords: adherence, international, law, human rights, politics
Procedia PDF Downloads 1014093 Scientific Forecasting in International Relations
Authors: Djehich Mohamed Yousri
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In this research paper, the future of international relations is believed to have an important place on the theoretical and applied levels because policy makers in the world are in dire need of such analyzes that are useful in drawing up the foreign policies of their countries, and protecting their national security from potential future threats, and in this context, The topic raised a lot of scientific controversy and intellectual debate, especially in terms of the extent of the effectiveness, accuracy, and ability of foresight methods to identify potential futures, and this is what attributed the controversy to the scientific foundations for foreseeing international relations. An arena for intellectual discussion between different thinkers in international relations belonging to different theoretical schools, which confirms to us the conceptual and implied development of prediction in order to reach the scientific level.Keywords: foresight, forecasting, international relations, international relations theory, concept of international relations
Procedia PDF Downloads 21914092 The Impact of the Russian Democratic Weaknesses on the International Society
Authors: Leone Sherman
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While the democratic rights of a citizen may be very clearly outlined in a country’s constitution, it’s not uncommon for political elite to undermine those rights and gain more power and control over a country than it is allowed by this constitution. Moreover, while such a change in some smaller states may not have a substantial impact on the international community, the same change in countries with vast resources and political influence, such as Russia, is always a considerable factor for the world policy. This article aims to research the weaknesses of the Russian democratic system and their effect on the international policy through the three key aspects: The Russian people’s ability to produce the required political will to control their government’s decisions, the current development of the Russian political environment, and the affection of this environment on the world community as a whole during the recent years. The used methodology is a narrative analysis of recent political events, official statistics, international investigations and media statements. As a result, the ever-widening gap between the people and the government becomes evidently seen, as well as the challenges it imposes on the political world arena, both current and those that still lie ahead of us.Keywords: Russia, political analysis, democratic weaknesses, international society
Procedia PDF Downloads 35114091 Harmonization in International Trade Law
Authors: Pouria Ghidi
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Creating convergence in trade is very important, but in practice, this seems out of reach due to the conflict of interests and views of countries. The most important mission of UNCITRAL is to standardize and modernize international trade law through legislative and non-legislative tools on various issues of international trade law between governments. Unfortunately, the performance of governments has shown that, except in some cases, unity is not welcomed. Therefore, although unification is envisaged as a goal, it is more practical to create convergence between countries. In a variety of ways, UNCITRAL seeks to create a kind of common ground between influential actors in the international trade law system that approaches a degree of convergence of views. Accordingly, this realization seeks to find these mechanisms and their impact on creating convergence among actors in the field of international trade. In other words, this study seeks to address the question of what tools the UN Commission on International Trade Law uses to develop the convergence of rules and regulations in this area, which groups it targets, and at what levels they work.Keywords: UNCITRAL, harmonization, unification in interpretation, international trade law, model laws
Procedia PDF Downloads 4214090 International Investment Arbitration and Environment: Trends and Approaches within the Framework of the ICSID
Authors: Anuj Kumar Vaksha
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The research paper examines the trends and approaches of the international investment arbitral tribunals to the issues of environment and the exercise of states' regulatory power for the preservation of environment vis-à-vis the rights of the affected foreign investors. The paper analyses arbitral awards, decisions and orders in the leading cases of international investment arbitrations involving issues of environment and finds that there has been strong trend among the arbitral tribunals to balance the imperatives of the environmental regulation and the interest of the foreign investors. The arbitral tribunals have reflected deference to States' competence for regulation of environment to the extent they were genuine, relevant and in proportion to the legitimate objective sought to be achieved. The arbitral tribunals have at times been innovative and non-conservative in promoting the cause of environment through the mechanism of investor-state arbitration.Keywords: International Investment Arbitration, environmental regulations, bilateral investment treaties, ICSID, NAFTA, amicus curiae, pollution havens hypothesis, environmental race to the bottom hypothesis
Procedia PDF Downloads 32014089 Crossing Borders: In Research and Business Communication
Authors: Edith Podhovnik
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Cultures play a role in business communication and in research. At the example of language in international business, this paper addresses the issue of how the research cultures of management research and linguistics as well as cultures as such can be linked. After looking at existing research on language in international business, this paper approaches communication in international business from a linguistic angle and attempts to explain communication issues in businesses based on linguistic research. Thus, the paper makes a step into cross-disciplinary research combining management research with linguistics.Keywords: language in international business, sociolinguistics, ethnopragmatics, cultural scripts
Procedia PDF Downloads 63814088 Power, Pluralism, and History: Norms in International Societies
Authors: Nicole Cervenka
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On the question of norms in international politics, scholars are divided over whether norms are a tool for power politics or a genuine reflection of an emergent international society. The line is drawn between rationalism and idealism, but this dialectical relationship needs to be broken down if we hope to come to a comprehensive understanding of how norms play out in international society. The concept of an elusive international society is a simplification of a more pluralistic, cosmopolitan, and diverse collection of international societies. The English School effectively overcomes realist-idealist dichotomies and provides a pluralistic, comprehensive explanation and description of international societies through its application to two distinct areas: human rights as well as security and war. We argue that international norms have always been present in human rights, war, and international security, forming international societies that can be complimentary or oppositional, beneficial or problematic. Power politics are present, but they can only be regarded as partially explanatory of the role of norms in international politics, which must also include history, international law, the media, NGOs, and others to fully represent the normative influences in international societies. A side-by-side comparison of international norms of war/security and human rights show how much international societies converge. World War II was a turning point in terms of international law, these forces of international society have deeper historical roots. Norms of human rights and war/security are often norms of restraint, guiding appropriate treatment of individuals. This can at times give primacy to the individual over the sovereign state. However, state power politics and hegemony are still intact. It cannot be said that there is an emergent international society—international societies are part of broader historical backdrops. Furthermore, states and, more generally, power politics, are important components in international societies, but international norms are far from mere tools of power politics. They define a more diverse, complicated, and ever-present conception of international societies.Keywords: English school, international societies, norms, pluralism
Procedia PDF Downloads 38714087 Deciding on Customary International Law: The ICJ's Approach Using Induction, Deduction, and Assertion
Authors: Maryam Nimehforush, Hamid Vahidkia
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The International Court of Justice, as well as international law in general, may not excel in methodology. In contrast to how it interprets treaties, the Court rarely explains how it determines the existence, content, and scope of customary international law rules it uses. The Court's jurisprudence only mentions the inductive and deductive methods of law determination sporadically. Both the Court and legal literature have not extensively discussed their approach to determining customary international law. Surprisingly, the question of the Court's methodology has not garnered much attention despite the fact that interpreting and shaping the law have always been intertwined. This article seeks to redirect focus to the method used by the Court in deciding the customs of international law it enforces, emphasizing the importance of methodology in the evolution of customary international law. The text begins by giving explanations for the concepts of ‘induction’ and ‘deduction’ and explores how the Court utilizes them. It later examines when the Court employs inductive and deductive reasoning, the varied types and purposes of deduction, and the connection between the two approaches. The text questions the different concepts of inductive and deductive tradition and proves that the primary approach utilized by the Court is not induction or deduction but instead, assertion.Keywords: ICJ, law, international, induction, deduction, assertion
Procedia PDF Downloads 2514086 The Education-Development Nexus: The Vision of International Organizations
Authors: Thibaut Lauwerier
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This presentation will cover the vision of international organizations on the link between development and education. This issue is very relevant to address the general topic of the conference. 'Educating for development' is indeed at the heart of their discourse. For most of international organizations involved in education, it is important to invest in this field since it is at the service of development. The idea of this presentation is to better understand the vision of development according to these international organizations and how education can contribute to this type of development. To address this issue, we conducted a comparative study of three major international organizations (OECD, UNESCO and World Bank) influencing education policy at the international level. The data come from the strategic reports of these organizations over the period 1990-2015. The results show that the visions of development refer mainly to the neoliberal agenda, despite evolutions, even contradictions. And so, education must increase productivity, improve economic growth, etc. UNESCO, which has a less narrow conception of the development and therefore the aims of education, does not have the same means as the two other organizations to advocate for an alternative vision.Keywords: development, education, international organizations, poilcy
Procedia PDF Downloads 22714085 Modeling of International Financial Integration: A Multicriteria Decision
Authors: Zouari Ezzeddine, Tarchoun Monaem
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Despite the multiplicity of advanced approaches, the concept of financial integration couldn’t be an explicit analysis. Indeed, empirical studies appear that the measures of international financial integration are one-dimensional analyses. For the ambivalence of the concept and its multiple determinants, it must be analyzed in multidimensional level. The interest of this research is a proposal of a decision support by multicriteria approach for determining the positions of countries according to their international and financial dependencies links with the behavior of financial actors (trying to make governance decisions or diversification strategies of international portfolio ...Keywords: financial integration, decision support, behavior, multicriteria approach, governance and diversification
Procedia PDF Downloads 53214084 Learning Made Right: Building World Class Engineers in Tunisia
Authors: Zayen Chagra
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Several educational institutions are experimenting new approaches in learning in order to guarantee the success of its students. In Tunisia, and since 2011, the experience of making a new software engineering branch called mobile software engineering began at ESPRIT: Higher School of Engineering and Technology. The project was surprisingly a success since its creation, and even before the graduation of the first generation, partnerships were held with the biggest mobile technology manufacturers and several international awards were won by teams of students. This session presents this experience with details of the approaches made from idea stage to the actual stage where the project counts 32 graduated engineers, 90 graduate students and 120 new participants.Keywords: innovation, education, engineering education, mobile
Procedia PDF Downloads 42814083 Judicial Trendsetting: European Courts as Pacemakers for Defining, Redefining, and Potentially Expanding Protection for People Fleeing Armed Conflict and Natural Disasters
Authors: Charlotte Lülf
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Migration flows cannot be tackled by single states but need to be addressed as a transnational and international responsibility. However, the current international framework staggers. Widely excluded from legal protection are people that flee from the indiscriminate effects of an armed conflict as well as people fleeing natural disasters. This paper as part of an on-going PhD Project deals with the current and partly contradicting approaches to the protection of so-called war- and climate refugees in the European Union. The analysis will emphasize and evaluate the role of the European judiciary to define, redefine and potentially expand legal protection. Changing jurisprudential practice of national and regional courts will be assessed, as will be their dialogue to interpret the international obligations of human rights law, migration laws and asylum laws in an interacting world.Keywords: human rights law, asylum law, migration, refugee protection
Procedia PDF Downloads 27014082 A Study of Taiwanese Students' Language Use in the Primary International Education via Video Conferencing Course
Authors: Chialing Chang
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Language and culture are critical foundations of international mobility. However, the students who are limited to the local environment may affect their learning outcome and global perspective. Video Conferencing has been proven an economical way for students as a medium to communicate with international students around the world. In Taiwan, the National Development Commission advocated the development of bilingual national policies in 2030 to enhance national competitiveness and foster English proficiency and fully launched bilingual activation of the education system. Globalization is closely related to the development of Taiwan's education. Therefore, the teacher conducted an integrated lesson through interdisciplinary learning. This study aims to investigate how the teacher helps develop students' global and language core competencies in the international education class. The methodology comprises four stages, which are lesson planning, class observation, learning data collection, and speech analysis. The Grice's Conversational Maxims are adopted to analyze the students' conversation in the video conferencing course. It is the action research from the teacher's reflection on approaches to developing students' language learning skills. The study lays the foundation for mastering the teacher's international education professional development and improving teachers' teaching quality and teaching effectiveness as a reference for teachers' future instruction.Keywords: international education, language learning, Grice's conversational maxims, video conferencing course
Procedia PDF Downloads 12514081 The Historical Framework of International Crime in International Criminal Law
Authors: Tahraoui Boualem
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Researching the historical framework of international crime means examining the historical facts that have contributed to uncovering this serious crime affecting international interests, and the law by which the study of the subject of international crime is determined is international criminal law, which is a branch of public international law. In this context, the historical study of international crime means recognizing the existence of an international community governed by international law, which makes us acknowledge that ancient societies lacked such stable and recurring international relations. Therefore, an attempt to monitor international crime in those ancient societies is only to demonstrate a historical fact that those societies have known some features of this crime, and have contributed in one way or another to the development of international criminal law without defining its concept or legal nature. The international community has affirmed the principle of establishing peace, achieving security, and respecting human rights. As a basis for friendly relations between the people of the international community and in case of prejudice, such as the aggressors breaching the obligations imposed on them, whether in time of peace or war.Keywords: historical framework, of international crime, peace or war., international law
Procedia PDF Downloads 10514080 The World in the 21st Century and Beyound: Convergence or Invariance
Authors: Saleh Maina
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There is an on-going debate among intellectuals and scholars of international relations and world politics over the direction which the world is heading particularly in the current era of globalization. On the one hand are adherents to the convergence thesis which is premised on the assumption that global social order is tending toward universalism which could translate into the possible end of the classical state system and the unification of world societies under a single and common ideological dispensation. The convergence thesis is hinged on the globalization process which is gradually reducing world societies into a 'global village'. On the other hand are intellectuals who hold the view that despite advances made in communication technology which appear to threaten the survival of the classical state system. Invariance, as expressed in the survival of the existing state system and the diverse social traditions in world societies, remain a realistic possibility contrary to the conclusions of the convergence thesis. The invariance thesis has been advanced by scholars like Samuel P. Huntington whose work on clash of civilizations suggests that world peace can only be sustained through the co-habitation of diverse civilizations across the world. The purpose of this paper is to examine both sides of the debate with the aim of making a realistic assessment on where world societies are headed, between convergence and invariance. Using the realist theory of international relations as our theoretical premise the paper argues that while there is sufficient ground to predict the future direction of world societies as headed towards some form of convergence, invariance as expressed in the co-existence of diverse civilizations will for a long time remain a major feature of the international system.Keywords: convergence, invariance, clash of civilization, classical state system, universalism
Procedia PDF Downloads 31314079 Terrorism: Definition, History and Different Approaches in the Analysis of Terrorism Phenomenon
Authors: Shabnam Dadparvar, Laijin Shen, Farzad Ravanbod
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Nowadays, the political phenomenon of terrorism is considered as an effective factor on political, social, and economic changes. It has replaced the recognized political phenomena such as revolutions, wars (total war among two or more political units with distinct identities in the form of national states), coups d’état, insurgencies and etc. and has challenged political life in all its levels (sub national, national, and international political groups). In this paper by using descriptive-analytical method, the authors try to explain the spread of this political phenomenon across the world, its definition and types, also analyze different approaches to understand it. The authors believe that the Logical-Rational approach is the best way to explain and understand this phenomenon.Keywords: logical approach, psychological- social approach, religious approach, terrorism
Procedia PDF Downloads 343