Rule Of Law Research Articles

Joseph Raz’s Theory of the Legal System and Implications for the Study of Legal Theory in Vietnam

Legal theory inquiries in Vietnam today focus mainly on the relationship between power and the nature of the law, which is concretized as the relationship between the state and society in relation to power. This article introduces Joseph Raz’s conception of the “legal system” and discusses the theory of the legal system in light of the theories held by classical legal positivists such as Austin and Kelsen to modern legal positivists such as Hart and Raz. Throughout the article, theory of a legal system is analyzed alongside popular conceptions of law and the legal system in Vietnam to clarify the applicability of Raz’s theory to Vietnamese legal inquiries. The article then provides some implications for the future study of the rule of law and legal theory in Vietnamese legal research.

The European Ombudsman: Defending Democracy and Human Rights Amidst the Crisis in Ukraine

The European Ombudsman is appointed to combat cases of European "maladministration" with regard to European citizens. He is seen as the promoter of good Community administration, with a concern for transparency in the democratic and institutional functioning of Europe, involving citizens as directly as possible. A survey of the main minutes and decisions taken by the European network of ombudsmen (May 2022 - October 2023) following Russia's invasion of Ukraine reveals three major issues on which the Ombudsman is establishing himself as a soft power institution within the European Union: the reception of refugees within the European Union, the transparency of the EU Council's decision-making process in relation to sanctions against Russia, and participation, through his referral, in monitoring Ukraine's progress in terms of democracy, the rule of law and the fight against corruption.

Legal Consequences Regarding Buyers Who Do Not Complete the Land Sale and Purchase Deed Process (Case Study of Supreme Court Decision Number 120 K/Pdt/2016)

The "valid" requirement in making an agreement aims to have binding legal force and provide legal certainty for the parties. In accordance with Article 1457 of the Civil Code, a sale and purchase agreement is an agreement between a seller and a buyer. The seller is obliged to hand over the goods that are the object of the sale and purchase to the buyer, while the buyer is obliged to pay the price agreed upon by both parties. This agreement clearly regulates the rights and obligations of both parties. The purpose of this study is to determine the Legal Consequences Related to Buyers Who Do Not Complete the Land Sale and Purchase Deed Process (Case Study of Supreme Court Decision Number 120 K/Pdt/2016). The research method used is normative legal research. The conclusion of this study is that there are cases where buyers feel that they have transferred land rights in a sale and purchase transaction that is carried out only based on PPJB, as stated in the DecisionSupreme Court Number 120 K/Pdt/2016 in this case the buyer is not direct convert PPJB to AJB. This has been clearly regulated in Article 4 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration, which in essence explains: by registering land will provide legal certainty and legal protection to land rights holders. Furthermorein accordance with Article 19 paragraph 2 letter (c) of the Basic Agrarian Law, states that the certificate functions as a strong means of proof.

Complexity of the Government and Governance in ASEAN Members: Issues and Challenges

To analyzes Southeast Asia's governance systems and makes policy recommendations to enhance practices in the domain of governance The paper discusses the governance and growth nexus in Southeast Asia; describes the operating governance systems in Southeast Asia; examines economic governance, specifically in the areas of economic management and growth, revenue generation, social spending, access to services, cost of doing business, and corporate governance; and examines political governance, with a focus on the rule of law and judicial systems. To maintain the pace for broad-based prosperity, Southeast Asian nations must build and improve transparency and accountability systems in both the public and private sectors, regardless of degree of development. They must also increase the budgetary sovereignty of their subnational divisions and provide greater opportunity for civil society engagement. Strong law enforcement procedures, as well as more responsive and streamlined regulatory frameworks, are required. For data collection methods use descriptive analysis, which is based on literature studies. This literature study itself is sourced from several journals and books related to the government system of ASEAN countries. To analyzes Southeast Asia's governance systems and makes policy recommendations to enhance practices in the domain of governance The paper discusses the governance and growth nexus in Southeast Asia; describes the operating governance systems in Southeast Asia; examines economic governance, specifically in the areas of economic management and growth, revenue generation, social spending, access to services, cost of doing business, and corporate governance; and examines political governance, with a focus on the rule of law and judicial systems. To maintain the pace for broad-based prosperity, Southeast Asian nations must build and improve transparency and accountability systems in both the public and private sectors, regardless of degree of development. They must also increase the budgetary sovereignty of their subnational divisions and provide greater opportunity for civil society engagement. Strong law enforcement procedures, as well as more responsive and streamlined regulatory frameworks, are required. For data collection methods use descriptive analysis, which is based on literature studies. This literature study itself is sourced from several journals and books related to the government system of ASEAN countries.

Financial Institutions in Distress–When Banks Need an Investor

AbstractThis article addresses the scenarios in which a financial institution runs into a distressed situation and seeks an investor. Banks are special entities. On the one hand, they are large corporates, many of which are also listed entities. General rules of corporate law apply. On the other hand, they constitute a deeply regulated industry and especially in a crisis the regulator will be closely involved. The intensity of such involvement will depend on the intensity of the crisis. Banks are very sensitive entities and confidence is their biggest asset. Any search for an investor must take that into account. There are various ways a bank can find an investor: it can sell assets, increase its capital or orchestrate a share deal or merger in various ways. The bank might also consider preparing for exit through resolution using one of the resolution tools under Directive 2014/59/EU (BRRD) or can be subject to a facilitated merger. Below, these options will each be assessed in more detail. However, first, we will explore when a bank is actually considered to be in distress.

A Note of Appreciation for Adam Podgórecki Who Alerted the Oxford Centre for Socio-Legal Studies Many Years Ago to the Importance of the Rule of Law, Thus Preparing Us for Recent Challenges

This article records thanks to Adam Podgórecki for introducing discussion of the rule of law on his visit to the Oxford Centre for Socio-Legal Studies fifty years ago, and for stimulating use of the concept during the recent period of 14 years of Tory government in the UK, which ended in July 2024.

Эффективность конституционного и уставного правового регулирования, осуществляемого субъектами Российской Федерации

The establishment of the effectiveness of constitutional and statutory legal regulation carried out by the subjects of the Russian Federation is possible only with an integrated approach, taking into account theoretical knowledge and conclusions obtained during research conducted in various sciences in different historical periods. The problem of efficiency affects all branches of law. The effectiveness of the rules of law depends on a number of conditions. Important indicators are the transformations taking place in the state in various spheres. In order to increase the effectiveness of legal regulation of the studied acts, the features of the norms set out in the constitutions and charters of the subjects of the Russian Federation are revealed. The effectiveness of legal norms remains in the focus of attention of scientists not only in various branches of law, but also in other sciences. This approach demonstrates effectiveness, since its application in science makes it possible to highlight the constitutional and legal aspects of effectiveness most reasonably, and in practice provide an opportunity to develop measures aimed at improving the effectiveness of constitutional and statutory legal regulation carried out by the subjects of the Russian Federation. The insufficiency of the effectiveness of the optimal model of constitutions and charters, which are an integral postulate of the rule of law, has been revealed. Proposals have been made aimed at improving the effectiveness of constitutional and statutory legal regulation carried out by the subjects of the Russian Federation. The proposed possible classification option would make it possible to more effectively implement the effective development of the territories of the subjects of the Russian Federation in practical terms, and in constitutional and legal science it would be possible to introduce efficiency tools.

Еnvironmental responsibility during the war

The article substantiates the cause-and-effect relationship between the emergence of military conflicts and society’s orientation towards consumer values and the ruthless depletion of natural resources for profit, which leads to a significant deterioration in the environmental situation worldwide. Natural resources, favorable climatic conditions, geographical advantages, and a developed industrial base are all key factors contributing to wars, which in today’s globalized society take on hybrid forms, making it difficult to hold parties accountable for environmental crimes. Accordingly, the issue of environmental responsibility of belligerent states for crimes committed against nature is relevant and needs to be addressed both at the international and national levels. The purpose of the article is to study the phenomenon of environmental responsibility at two levels – philosophical and legal. The philosophical aspect allows for the identification of the moral and ethical factors influencing human disengagement from ecological awareness. The legal aspect examines the problem of the effectiveness of the principles and norms of international and national environmental law in wartime. Having conducted an interdisciplinary analysis of environmental responsibility from both philosophical and legal perspectives, we identified the mental causes of environmental problems, specifically those that clearly reveal the way of thinking and core values of contemporary society, and also clarified the existing problems and prospects in international law regarding individual and national liability for crimes against nature. The originality of the study lies in the fact that, firstly, the problem of environmental responsibility is considered in direct relation to the social, ethical, and legal factors shaping modern society; secondly, we have substantiated the need to develop a Fifth Geneva Convention for the protection of the environment during armed conflict and made proposals regarding its content; thirdly, the authors’ methodology for assessing the environmental responsibility of countries is presented based on data from authoritative international indices. The methodology includes criteria for environmental responsibility (achievement of sustainable development goals, environmental efficiency, rule of law, social progress) and the calculation of the index for five countries involved in armed conflicts. The results obtained demonstrate that wars, especially long ones, not only destroy ecological systems but also reduce the level of environmental responsibility involved countries and lead to a general decline in ecological awareness.

Tanggung Jawab Notaris atas Kelalaian Penomoran Ganda pada Akta Otentik

A notary can commit negligence with the same numbering of two different notary deeds or what is often called double numbering. This is certainly detrimental to the credibility of the authentic deed. This certainly violates the obligations of Notaries as stated in Article 16 and 17 of the UUJN. The purpose of this study is to analyze and describe the responsibility of notaries for negligence in double numbering in authentic deeds and the validity of authentic deeds with double numbering. This research is processed with a normative juridical approach method, namely by looking at law as a set of regulations/rules or doctrines that have a normative nature (law in book). As a result of the problem, the Notary is responsible for his negligence in giving a double deed numbering on the authentic deed he made. Sanctions that can ensnare Notaries are in the form of administrative sanctions, civil sanctions, and/or criminal sanctions. However, even if there is a double numbering on the deed, it does not necessarily invalidate the validity of a deed. As long as the contents of the deed have met the conditions for the validity of an agreement as stipulated in Article 1320 of the Civil Code, the deed still has binding legal force.

Colonizing criminal law: towards new architecture of criminal code

The transition from colonial criminal law to a new legal architecture is vital for societies in transition, requiring careful reform and inclusive dialogue. This study explores the urgent need to deconstruct and reform criminal law frameworks in a globally interconnected world, where national legal systems struggle to address cross-border crimes like cybercrime, terrorism, and human trafficking. Traditional national frameworks, driven by state sovereignty, often conflict with international mandates, leading to discrepancies in how crimes are prosecuted across jurisdictions. This selective enforcement fosters public disillusionment with the rule of law and reveals the limitations of national sovereignty in regulating transnational offenses. As globalization accelerates, the world faces increasing social and cultural fragmentation, exemplified by war conflicts, which expose the limitations of traditional legal frameworks in addressing contemporary criminal challenges. These evolving dynamics necessitate an urgent re-evaluation of the mechanisms governing criminal liability, as national criminal law systems often prove inadequate in a globalized world where cross-border criminal activities and transnational offenses are on the rise. National criminal law, historically driven by state sovereignty and often perfectionist in its approach to national interests, increasingly collides with international mandates and global legal norms. This collision results in selective enforcement of justice, leading to discrepancies between how crimes are defined and prosecuted across different jurisdictions. To address these challenges, the study proposes the "architectonics of criminal regulation," a multi-layered framework that integrates national, regional, and international legal systems. This approach seeks to create a universal platform for criminal law that upholds human rights, promotes justice, and ensures consistent legal application across borders. The protection of human rights, especially in conflict zones, is central to this restructuring, with a focus on preventing abuses of power and ensuring accountability where local authorities have failed. In the context of transnational criminal law, the study emphasizes the importance of integrating international legal norms, such as those enshrined in the European Convention on Human Rights (ECHR), into the architectonics of criminal regulation. The ECHR provides a foundational legal framework that protects individual rights across member states, ensuring that any reforms to criminal law prioritize the protection of human dignity and justice. The architectonics approach builds on these principles by advocating for a unified legal platform that harmonizes national and international laws, allowing for effective prosecution of cross-border crimes while safeguarding human rights. This ensures that states adhere to a consistent standard of justice, even in the face of evolving global criminal challenges. By incorporating the ECHR’s protections into transnational criminal law, the architectonics framework strengthens the legal mechanisms required to combat international crimes while upholding fundamental human rights. The proposed architectonics of criminal regulation serves as a foundational platform for bridging the gaps between national legal systems and global criminal justice, ensuring that criminal law is capable of addressing the challenges of an interconnected, complex, and increasingly fragmented world.

The Rule of Law and its Consequences in Afghanistan Law

حاکمیت قانون به‌عنوان زیربنای دولت قانون‌مدار، از اصول بنیادین حقوقی در جوامع مترقی محسوب می‌شود. این اصل، که برای حفظ قدرت و اقتدار کشور و تنظیم حقوق و آزادی‌های شهروندان به‌کار می‌رود، پیامدی اساسی چون تأمین عدالت اجتماعی و حقوق اساسی شهروندان را در پی دارد. با توجه به این‌که عدالت اجتماعی یکی از مؤلفه‌های ضروری یک جامعۀ پیش‌رفته است، بررسی مبانی تأمین آن از اهمیت ویژه‌‌یی برخوردار است. هدف این پژوهش، تبیین حاکمیت قانون و پیامدهای آن با تأکید بر حقوق افغانستان بوده و تلاش کرده است به این پرسش پاسخ دهد که: حاکمیت قانون چه پیامدهایی دارد؟ این پژوهش به روش توصیفی - ‌تحلیلی و با بهره‌گیری از منابع کتاب‌خانه‌یی انجام شده است. یافته‌های پژوهش نشان می‌دهند که مهم‌ترین پیامد حاکمیت قانون، تأمین عدالت اجتماعی و حقوق اساسی شهروندان است. این امر از طریق تدوین قوانین کیفی و اجرای عادلانۀ آن‌ها محقق می‌شود. بر این اساس، کنش‌گران حوزۀ کیفری باید در مراحل تعیین مجازات و اجرای آن مستقل و بی‌طرف عمل کنند و مجازات‌ها را با درنظرگرفتن شرایط متهم و مقتضیات جامعه تعیین و اجرا نمایند. علاوه بر این، اجرای قانون باید به‌گونه‌یی باشد که شهروندان ضمن تطبیق رفتارهای خود با قانون، احساس امنیت کنند؛ امری که به برقراری نظم، امنیت اجتماعی و صلح در جامعه منجر می‌شود.

The Centenary of the International Association of Penal Law (AIDP/IAPL)

The centennial of the International Association of Penal Law (Association Internationale de Droit Pénal / International Association of Penal Law, AIDP/IAPL) is the topic of this article. The anniversary was celebrated in Paris during the 21st Congress of the Association, held from June 25 to 28, 2024. This event became a pivotal moment in the history of the AIDP, marking a century of the organization's contributions to the advancement of national and international criminal law frameworks, while also fostering broader opportunities for academic, diplomatic, and legal collaboration on a global scale. The author scrutinizes the primary moments and symbolism of the celebrations and focuses on exploring the significance of the Association's contribution to shaping legal standards and approaches in the field of criminal justice policy, as well as its role in supporting legal institutions in the global arena. Honoring the Association's history and its connection with the traditions of the International Union of Penal Law, the author outlines the historical factors, characteristics, and key stages of the Association's evolution. The analysis points out its influence on the advancement of international criminal law, the promotion of the rule of law, efforts to combat international crimes, the protection of human rights, and explores the prospects for its future growth. Through an analysis of initiatives carried out within the organization and its structural network, which includes individual, collective, and national membership, the article emphasizes the importance of the diversity of legal systems and visions and the significance of international cooperation in criminal law science and practice. Drawing on the study of the Association’s achievements and scholarly biographies of its Presidents, the author underscores the importance of influential figures who laid the foundations for the development of criminal law in both comparative and international contexts. These figures played active roles in humanizing criminal justice policy, supported and promoted the creation of the international criminal justice system, contributed to the development of important international conventions and other mechanisms for human rights protection, worked on expanding institutions and strengthening the role of AIDP, advanced interdisciplinary approaches in legal scholarship, and enriched international cooperation among associations in the field of criminal sciences. An examination of the key areas of the Association's work – such as criminal justice policy, comparative criminal justice, international criminal law, and human rights in criminal justice administration – demonstrates that the Association’s congresses and other platforms have become vital spaces for exchanging ideas. These forums play a crucial role in shaping and refining criminal justice policies at various levels, fostering the development of more substantiated, inclusive, and effective approaches. As a result, they contribute to enhancing legal education, advancing legal science, and improving legal practice. AIDP continues to serve as an organization of strategic importance for addressing challenges such as the marginalization of international criminal law, jurisdictional conflicts, and global, climate, and digital issues of the modern world, contributing to the foundation of legal ideas that may eventually lead to significant social transformations.

Legal Characteristics of the Methodology for Assessing the Degree of Correction of Convicted Persons

This article is devoted to the problem of legal regulation of the process of assessing the degree of correction of convicts, which is an important element of the legal system responsible for maintaining a balance between the possibility of social rehabilitation of a person and the need to ensure public safety. For a long time, the assessment of the degree of correction was carried out on the basis of evaluative concepts such as "honest behavior" and "attitude to work". The lack of clear and understandable criteria called into question the objectivity of decisions, which affected the rights of convicts and created risks of abuse or erroneous decisions. Recently, the Ministry of Justice of Ukraine adopted a new Methodology for determining the degree of correction of convicts. This document is intended to introduce a more transparent evaluation system, based on quantitative and qualitative indicators that could reflect the true motivation and progress of convicts in the process of serving their sentence. However, the analysis of court practice shows the existence of certain problems related to the implementation of this Methodology in practice. In particular, the courts sometimes simultaneously demand from the convicts both compliance with the new criteria and compliance with the traditional concepts of "honest behavior" and "attitude towards work". Separate court decisions illustrate the difficulty of determining a person's actual compliance with the criteria, which, on the one hand, are subjective (for example, attitude to education or participation in self-employed organizations), and on the other hand, are formally defined in the methodology and have limited legal force in comparison with the provisions of the Criminal Code of Ukraine. The conclusion of the article is a statement about the importance of introducing objective, clear and predictable criteria into the legal system in order to maintain a balance between the rights of convicts and public safety. The adopted Methodology has significant potential, but it needs further refinement and improvement in accordance with the norms of the Criminal and Criminal Enforcement Codes of Ukraine to ensure its effective implementation in judicial practice.

AKIBAT HUKUM DARI PEMBUATAN AKTA JUAL BELI YANG MENDAHULUI PROSES PEMECAHAN SERTIFIKAT TANAH MENURUT PERATURAN PEMERINTAH NOMOR 24 TAHUN 1997 TENTANG PENDAFTARAN TANAH (Studi Kasus Kantor Pejabat Pembuat Akta Tanah Muhamad Nur Kholis Muslim, SH., M.Kn.)

Abstract The making of a deed of sale and purchase of land by a Land Deed Official (PPAT) originating from a parent land certificate must first be carried out by splitting the land certificate. However, in its application, PPAT MuhamadNurKholis Muslim, SH, M.Kn issued a deed of sale and purchase of land originating from the parent land certificate without preceding the splitting of the land certificate. This study aims to determine the legalconsequences of making a deed of sale and purchase of land that precedes the process of splitting the land certificate at the Office of PPAT MuhamadNurKholis Muslim, SH, M.Kn and the settlement process. This research is an empirical juridical research using a conflict approach, namely by analyzing the problems of making a deed of sale and purchase conducted through interviews and analysis of related documents. The results of this study explain that the sale and purchase deed made prior to the process of splitting the land certificate is an inappropriate procedure, the document does not contain correct information so that it does not have strong legal force. The settlement process is carried out by the relevant parties submitting the split of the main land certificate to the BPN Office of Probolinggo Regency and revising the sale and purchase deed to the PPAT concerned. With these problems, it is hoped that all PPATs will carry out their duties procedurally. Keywords: Deed, Sale and Purchase, Split, Land Certificate

“Gender Ideology” as a Strategic Enemy of the Radical Right in South America: The Cases of Bolsonaro and Milei

ABSTRACT This paper analyses the construction of “gender ideology” (GI) as a strategic enemy of the radical right in a context of radicalisation of neoliberalism in South America. Drawing on studies on the radical right and anti-gender movements, the paper suggests that the growing influence of feminist and LGBTQI+ struggles have been contested by the cultural backlash of conservative mobilisations and of the radical right. In that framework, the paper shows the confluence between religious and political anti-gender activism, recovering epistemic, moral, ideological and geopolitical dimensions that explain the erection of GI as a strategic and absolute enemy of the radical right. Then, the paper discusses anti-gender movements as a reaction against advances in sexual and reproductive rights and analyses the similarities and differences between discourses, policies and contexts of Milei and Bolsonaro. Hence, the article discusses how GI has enabled a right-wing intersectionality, which defends racial, gendered and class hierarchies against the movements that challenge them. It concludes by posing authoritarian neoliberalism and radical right-wing populism as a threat to liberal democracy and the rule of law.

Mechanisms of Islamic Political Jurisprudence for Addressing Economic Insecurity (With an Emphasis on Imami Jurisprudence)

The process of economic threats in any nation constitutes one of the most significant dangers that expose vulnerable and low-income populations to substantial risks. Given that Islamic jurisprudence in general, and Islamic political jurisprudence in particular, serve as the governing law for society and the Islamic system, it is imperative to examine the mechanisms that Islamic political jurisprudence has considered within the context of justice to address economic threats. The primary research question is: What mechanisms are considered in political jurisprudence to address economic insecurity? The author hypothesizes that significant solutions have been proposed for managing economic insecurity in political jurisprudence. Analytical-descriptive methodology and library-based research tools were employed to address this question and test the hypotheses. The findings indicate that to achieve a robust economy, the initial step is to establish a system. The system is characterized by sound governance. Sound governance has the following indicators and criteria: 1. The right of all citizens to express the opinions and accountability of officials; 2. political stability and durability; and 3. the effectiveness of the system in managing the community and country, and 4. Quality of laws and regulations in various sectors; 5. The rule of law; 6. Oversight and control. Subsequently, Islamic political jurisprudence implemented rigorous measures to address economic threats. Major economic threats include fraud, money laundering, embezzlement, bribery, hoarding, price gouging, underpricing, and related issues.

Legal foundations of the Rule of Law in the founding agreements of the European Union and international law: political, legal and social aspects

The article analyzes the legal foundations of the rule of law in the European Union, which are based on the norms of the EU founding agreements («Treaty on European Union – Maastricht Treaty», «Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community», «Charter of Fundamental Rights of the EU») and on the norms of the international law («Universal Declaration of Human Rights» , «Convention for the Protection of Human Rights and Fundamental Freedoms», «Statute of the Council of Europe»). Democracy, the rule of law and human rights are seen as interrelated values and fundamental principles on which the EU is built and functions. The trinity of these values and principles, manifested in their interconnectedness and interdependence, constitutes the mechanism for realizing the rights and freedoms of EU citizens. An analysis of a number of concepts of the rule of law, set out in modern studies by scientists from the EU and other countries in Europe and the world, has been conducted. The political, legal and social aspects of the rule of law in the European Union and their legal consolidation in the EU Constitutional Treaties have been investigated. It was found that a feature of the legal regulation of the rule of law in the EU is the normative consolidation of the political and social content of the rule of law. The author concluded that in a broad sense, the rule of law in the EU is a socio-politico-legal construct on which the EU is builted and functions. In the context of the raised topic, the main requirements and obligations recorded in the «Copenhagen Criteria» and the «Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their member states, on the other hand», that must be fulfilled by Ukraine as a candidate country for joining to the European Community was considered. The author of the article identified promising directions and aspects of further scientific research on the rule of law in the EU. Theoretical and practical results of such research will contribute to understanding the value, essence and content of the rule of law, fostering a culture of the rule of law and will be an invaluable contribution to the process of European integration of Ukraine. Keywords: rule of law, European Union, legal regulation, democracy, human rights, public authority, EU rule of law policy, European integration.

The Papal Bulls Dividing the Americas between Spain and Portugal: A Reappraisal

Abstract The papacy recently repudiated the doctrine of discovery that was relied upon by European nations when they colonized lands inhabited by Indigenous peoples. However, the Vatican did not repeal the papal bulls that authorized and provided canon law support for colonization of West Africa and the Americas by Portugal and Spain. This article examines these bulls and questions the Pope’s legal authority to issue them. It contends that the bulls bound only the Christian monarchs who accepted the Pope’s authority in this regard. They had no legal force insofar as the Indigenous peoples were concerned. Moreover, the historical record reveals that other colonizing European powers, such as France and England, rejected the validity of the bulls. In fact, Spain and Portugal acquired their overseas empires in the fifteen and sixteenth centuries, not by means of discovery or papal bulls, but by subduing Indigenous peoples and forcibly occupying their territories.

Taming the Leviathan? The Reason of State in International Law

Abstract In humanist political theory, the reason of state mostly described a course of action that did not follow the usual criteria of law but rather what was useful. Nonetheless, a broader understanding of the reason of state focused on the community’s core values. Such common interests (ius status or ragion di stato) could be contrasted with, and balanced against, those of the international community (ius gentium or ragione delle genti). According to the latter view, the reason of state did not abolish the rule of law. Rather, it indicated state governance to preserve public safety (conservare lo stato). The article investigates how Alberico Gentili (1552–1608), a religious refugee and Regius Professor at the University of Oxford, transplanted the reason of state from political theory into the law of nations while subjecting it to natural law (ius naturalis), which can be compared to the contemporary notion of jus cogens.

The force of law and its validity іn the context of dialectical legal comprehesion

The article examines the question of the relationship between the concepts of "validity of law" and "force of law", which is key, in particular, for supporting processes of development, improvement and functioning of the informational base of legislation. There is no doubt that access to the text of the law in its control state, which means the version of the law that is valid on the relevant calendar date, should be understood as a necessary condition for the correct application of the laws of Ukraine in solving any legal issues. We would like to highlight: the version of the certain law valid not at the time of application, but at a specific determined moment. From this arises need to form an informational base of the legislation, which would guarantee that every subject of legal relations could find an answer to the question: what is the valid (or not valid) text of the certain law at any given moment of time. At the same time, the formation of such an informational base, as seen in practice, requires not only appropriate knowledge of legal techniques, but also a clear understanding of some general theoretical concepts, in particular, the concepts of "force of the law" and "validity of the law", as well as an understanding of their correlation. Meanwhile, legal science has not yet formed such an understanding based on a scientifically proven general theory of law. Thus, the specific technical and legal problem of maintaining the current legislation of Ukraine in a control state requires, as a necessary condition for its proper solution, clarification of the concepts of validity and effect of the law from the point of view of a scientifically proven general theory of law. The article describes new scientific approaches to the correlation of these concepts. They are based on the previous research of the authors and can be used both for developing the general theory of law (concerning legal normative act as a cornerstone element of the legal system), and for the specific purpose of futher improvement of the informational base of legislation of Ukraine. Key words: validity of law, force of law, legal force of law, informational base of legislature, control state of law.