[ 1961 ] Appendices
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Bora Jevtic. THIRTIETH SESSION
756 APPENDIX V Alternates: William F. McIlquham Schmidt, George United Arab Republic: Abdel Hamid Abdel-Ghani, R. Nelson, Mrs. Nonny Wright. Abou Bakr H. Abdel Ghaffar. France. Representative: Roger Auboin. Alternates: Uruguay: Enrique Rodríguez Fabregat. Maurice Viaud, Jean Duflos. Yugoslavia: Dobrivoje Vidic, Branko Karapandza, Japan. Representative: Koto Matsudaira. Alternates: Bora Jevtic. Masayoshi Kakitsubo, Toshio Urabe, Bunshichi Hoshi, Kenjiro Chikaraishi, Yoshio Ohkawara. OBSERVERS FROM NON-MEMBERS OF UNITED NATIONS Netherlands. Representative: C. W. A. Schurmann. Germany, Federal Republic of: Gerhard Roedel, Hans- Alternates: J. Meijer, J. Kaufmann. Georg Wieck. New Zealand. Representative: Foss Shanahan. Alter- Holy See: James H. Griffiths. nates: W. A. E. Green, Miss H. N. Hampton. Poland. Representative: Jerzy Michalowski. Alternates: INTER-GOVERNMENTAL AGENCIES RELATED TO Bohdan Lewandowski, Tadeusz Lychowski, Jacek UNITED NATIONS Machowski. Representatives of the following inter-governmental Spain. Representative: Jose Felix de Lequerica. Alter- agencies related to the United Nations attended the nate: Vicente Perez Santaliestra. twenty-ninth session of the Economic and Social Sudan. Representative: Omar Abdel Hamid Adeel. Council: International Atomic Energy Agency Alternate: Mohamed El-Amin Abdalla. (IAEA); International Labour Organisation (ILO); USSR. Representative: A. A. Sobolev. Alternates: Food and Agriculture Organization (FAO); United G. P. Arkadev, P. M. Chernyshev, Mrs. Z. V. Miro- Nations Educational, Scientific and Cultural Organ- nova, V. G. Solodovnikov. ization (UNESCO); World Health Organization United Kingdom. Representative: A. A. Dudley. (WHO); International Bank for Reconstruction and United States. Representative: Christopher H. Phil- Development; International Monetary Fund; Inter- lips. Alternate: Walter M. Kotschnig. national Civil Aviation Organization (ICAO); World Venezuela. Representative: Carlos Sosa Rodriquez. Meteorological Organization (WMO). Alternates: Ignacio Silva Sucre, Tulio Alvarado. -
Two Generations of Scandinavian Legal Realists
62 RETFÆRD ÅRGANG 32 2009 NR. 1/124 Two Generations of Scandinavian Legal Realists CORE Metadata, citation and similar papers at core.ac.uk Provided by Helsingin yliopiston digitaalinen arkisto JOHAN STRANG Johan Strang Abstract: The discussion on the implications of Scandinavian Legal Realism would benefit con- siderably from more careful historical attention to the different political and philosophical ambi- tions of the theoreticians that followed Axel Hägerström. The scholars, who were later gathered under the label Scandinavian Legal Realism, did not represent a static theoretical position that remained unchanged from the 1910s to the 1950s; rather, their aims and ambitions varied with changing political and philosophical circumstances. The purpose of this article is to propose a distinction between two generations of Scandinavian Legal Realists. While the goal of the first generation (Vilhelm Lundstedt and Karl Olivecrona) fell little short of revolutionising the field of jurisprudence, transforming law into a vehicle for political and social reform, one of the main objectives of the second generation (Alf Ross and Ingemar Hedenius) was to take the edge off the radicalism of their predecessors. Key Words: Scandinavian Legal Realism; politics, democracy; Uppsala philosophy; logical em- piricism; Alf Ross; Ingemar Hedenius If Scandinavian Legal Realism could be reduced to one basic tenet, the idea that the law is a social phenomenon ultimately relying only on the sanction of man himself would be one prominent candidate. This was a basic line of thought for the founder of the school, Axel Hägerström (1868-1939), as well as for his followers Vilhelm Lundstedt (1882-1955), Karl Olivecrona (1897-1980), Alf Ross (1899-1979) and Ingemar Hedenius (1908-1982). -
Japan and the United Nations (PDF)
Japan and the United Nations Ministry of Foreign Affairs, Japan Japan's Contribution to the International Community at the UN Foundation of the UN and Japan's Accession to the UN The United Nations (UN) was founded in 1945 under the pledge to prevent the recurrence of war. Eleven years later, in 1956, Japan joined the UN as its 80th member. Since its accession, Japan has contributed to a diversity of fields in UN settings. For example, as of 2014, Japan had served ten times as a non-permanent member of the UN Security Council (UNSC). Also, as the only country that has ever suffered from the devastation of atomic bombings, Japan has taken every opportunity to call the importance of disarmament and non-proliferation to the attention of the international community, gaining appreciation and trust from many countries. Today, the international community faces a number of new challenges to be addressed, such as a rash of regional and ethnic conflicts, poverty, sustainable development, climate change, and human rights issues. These global challenges should be addressed by the United Nations with its universal character. For nearly three decades, Japan has been the second largest contributor to the UN's finances after the United States, and Japan is an indispensable partner in the management of the UN. ⓒUN Photo/Mark Garten 1 Japan's Contributions at the UN In cooperation with the UN, Japan contributes to international peace and stability through exercising leadership in its areas of expertise, such as agenda-setting and rule-making for the international community. A case in point is human security. -
Alf Ross 1899–1979: a Biographical Sketch
MFK-Mendip Job ID: 9777BK--0033-5 3 - 661 Rev: 30-09-2003 PAGE: 1 TIME: 06:44 SIZE: 61,11 Area: JNLS OP: AB ᭧ EJIL 2003 ............................................................................................. Alf Ross 1899–1979: A Biographical Sketch Knud Waaben* Alf Ross was born on 10 June 1899 in Copenhagen, the son of a civil servant in a government department. He graduated from high school in 1917. His first choice was to study at the Technical University, but he left it after one term and turned to law. He finished his legal studies in the summer of 1922 with remarkable results, obtaining the rare distinction then called laudabilis et qvidem egregie. Following graduation, he took up employment in a barrister’s office, but the practical occupations of a trainee did not satisfy him and he preferred to devote his time to further studies in law. Ross was well deserving of the scholarship he received from the Law Faculty for studies abroad. These awards would normally enable a young lawyer to spend about two years in foreign universities, usually in Germany, France and England. In 1923, Ross set out on a study tour which lasted two and a half years. In this same year he married Else-Merete Helweg-Larsen, a student at the Faculty of Humanities, who later became a high school teacher. She was a member of Parliament in 1960–73, representing a small liberal party which held considerable influence over the formation of political majorities after general elections. Ross’ journey took him to France, England and Austria. He may have gone abroad, as many young people did, without a detailed plan of study, but rather with an open mind to learn all he could from foreign law, court visits and perhaps from discussions with professors. -
Ross and Olivecrona on Rights
Scholarship Repository University of Minnesota Law School Articles Faculty Scholarship 2009 Ross and Olivecrona on Rights Brian H. Bix University of Minnesota Law School, [email protected] Follow this and additional works at: https://scholarship.law.umn.edu/faculty_articles Part of the Law Commons Recommended Citation Brian H. Bix, Ross and Olivecrona on Rights, 34 AUSTL. J. LEG. PHIL. 103 (2009), available at https://scholarship.law.umn.edu/faculty_articles/211. This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in the Faculty Scholarship collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. Ross and Olivecrona on Rights BRIAN H. BIX1 Introduction The Scandinavian legal realists, critically-inclined theorists from Denmark, Norway, and Sweden, who wrote in the early and middle decades of the 20t century,2 are not as widely read as they once were in Britain, and they seemed never to have received much attention in the United States. This is unfortunate, as the work of those theorists, at their best, is as sharp in its criticisms and as sophisticated philosophically as anything written by the better known (at least better known in Britain and the United States) American legal realists, who were writing at roughly the same time. The focus of the present article, Alf Ross and Karl Olivecrona, were arguably the most accessible of the Scandinavian legal realists, with their clear prose, straight- forward style of argumentation, and the availability of a number of works in English. -
Scanned by Camscanner
Scanned by CamScanner Scanned by CamScanner Scanned by CamScanner Scanned by CamScanner Scanned by CamScanner Scanned by CamScanner Scanned by CamScanner IRONING OUT THE CREASES: RE-EXAMINING THE CONTOURS OF INVOKING ARTICLE 142(1) OF THE CONSTITUTION Rajat Pradhan* ABSTRACT In the light of the extraordinary and rather frequent invocation of Article 142(1) of the Constitution of India, this note expounds a constructive theory of perusing Article 142(1) by the Supreme Court. The central inquiry seeks to answer the contemporaneous question of whether Article 142 can be invoked to make an order or pass a decree which is inconsistent or in express conflict with the substantive provisions of a statute. To aid this inquiry, cases where the apex court has granted a decree of divorce by mutual consent in exercise of Article 142(1) have been examined extensively. Thus the note also examines the efficacy and indispensible nature of this power in nebulous cases where the provisions of a statute are insufficient for solving contemporary problems or doing complete justice. INTRODUCTION An exemplary provision, Article 142(1) of the Constitution of India envisages that the Supreme Court in the exercise of its jurisdiction may pass such enforceable decree or order as is necessary for doing ‘complete justice’ in any cause or matter pending before it. While the jurisprudence surrounding other provisions of the Constitution has developed manifold, rendering them more concrete and stable interpretations, Article 142(1) is far from tracing this trend. The nature and scope of power contemplated in Article 142(1) has continued to be mooted imaginatively. -
Of Allies' Trad!
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Resettling the Score Between HLA Hart and Scandinavian Legal Realism
Santa Clara Law Review Volume 57 | Number 1 Article 1 3-10-2017 A Straw Man Revisited: Resettling the Score between H.L.A. Hart and Scandinavian Legal Realism Jakob v. H. Holtermann Follow this and additional works at: http://digitalcommons.law.scu.edu/lawreview Part of the Law Commons Recommended Citation Jakob v. H. Holtermann, A Straw Man Revisited: Resettling the Score between H.L.A. Hart and Scandinavian Legal Realism, 57 Santa Clara L. Rev. 1 (2017). Available at: http://digitalcommons.law.scu.edu/lawreview/vol57/iss1/1 This Article is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara Law Review by an authorized editor of Santa Clara Law Digital Commons. For more information, please contact [email protected], [email protected]. A STRAW MAN REVISITED: RESETTLING THE SCORE BETWEEN H.L.A. HART AND SCANDINAVIAN LEGAL REALISM Jakob v. H. Holtermann* Introduction ............................................................................................ 2 I. Hart’s Objection # 1: Habits and Social Rules and the Internal and External Aspects of Social Rules .......................................... 5 II. Ross on the Internal1-External1 Distinction ..................................... 6 III. Hart’s Objection # 2: the Problem With “Feelings”; or how Ross fundamentally misinterprets the internal aspects of social rules ................................................................................. 11 IV. Ross on the Internal2-External2: -
On Law, Power and Society: a View of a Moral Dialectic1
On Law, Power and Society: A View of a Moral Dialectic1 Thora Margareta Bertilsson ‘...a primary social order undergoes, on the one hand, an externalization and institutionalization process whereby the law merges as an explicit ordering system, while at the same time a parallel process of internalization and spiritualization occurs, the result of which is called morality. Consequently then, law and morality must be regarded as conceptual opposites which in the course of linear development draw further and further apart. Morality is founded on internal obligation, law on external. Morality is what I feel obligated to do; law is what the state obligates me to do.’ (Geiger 1969: 117 - 118) This occasion seems to invite a reconsideration of what Theodor Geiger (1891 - 1952) wrote as a response to the very vivid ‘realist movement’ in law and philosophy which he experienced in Scandinavia at the time of his arrival and the preceding years of his stay.2 The bifurcation of traditional moral life into, on the one hand, a militant scientism in the legal and subsequent social sciences (to be formed), and, on the other hand, a forceful featuring of the inner and often chaotic emotional life of modern men and women as depicted in drama and in art actually seem to characterize the Scandinavian mentalities evolving in the late 19th and 20th century (Geiger 1946). In such a way, the featuring of Scandinavian moral life fits the scheme which Alasdair Macintyre proposes in his bestseller After Virtue, A Study in Moral Theory (1981). The making of the modern welfare state in Scandinavia demanded the externalization of the legal language from its traditional anchorage in moral values and the subsequent internalization/subjectivation of the value-language found in great Scandinavian literature. -
Kelsen and Hart on the Normativity of Law
Kelsen and Hart on the Normativity of Law Torben Spaak∗ 1 Introduction …………………………………………………………………... 398 2 The Problem About the Normativity of Law ……………………………….. 398 3 Kelsen’s Account of the Normativity of Law ……………………………….. 402 3.1 Kelsen’s Theory of Law ………………………………………………… 402 3.2 The Basic Norm as Hypothesis …………………………………………. 404 3.3 The Basic Norm as Fiction ……………………………………………... 405 3.4 The Basic Norm and the Normativity of Law ………………………….. 406 4 Hart’s Account of Law’s Normativity ………………………………………. 407 4.1 Hart’s Theory of Law …………………………………………………… 407 4.2 The Rule of Recognition ………………………………………………... 408 4.3 The Rule of Recognition and the Normativity of Law …………………. 410 5 The Trump Thesis and the Significance of Strictly Legal Normativity …... 412 ∗ I would like to thank Uta Bindreiter for helpful comments on this article, and Åke Frändberg, Lars Lindahl, and Lennart Åqvist for discussing with me some of the problems touched upon in this article. I would also like to thank Robert Carroll for checking my English. As always, the author alone is responsible for any remaining mistakes and imperfections. © Stockholm Institute for Scandianvian Law 1957-2010 398 Torben Spaak: Kelsen and Hart on the Normativity of Law 1 Introduction The problem about the normativity of law – that is, the problem of accounting for the nature of the legal ought, the law’s normative force, or, if you will, the nature of legal reasons for action – is in my view the most serious if not the only serious question facing legal positivists. The problem, I have argued -
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[ 1958 ] Appendices
APPENDIX I ROSTER OF THE UNITED NATIONS (As of 31 December 1958) TOTAL AREA ESTIMATED POPULATION (IN THOUSANDS) DATE OF U.N. MEMBER (Square kilometres) Date Total MEMBERSHIP Afghanistan 650,000 1 July 1957 13,000 19 Nov. 1946 Albania 28,748 31 Dec. 1957 1,482 14 Dec. 1955 Argentina 2,778,412 31 Dec. 1958 20,438 24 Oct. 1945 Australia 7,704,159 31 Dec. 1958 9,952 1 Nov. 1945 Austria 83,849 31 Dec. 1957 7,011 14 Dec. 1955 Belgium 30,507 31 Dec. 1957 9,027 27 Dec. 1945 Bolivia 1,098,581 5 Sep. 1958 3,311 14 Nov. 1945 Brazil 8,513,844 31 Dec. 1958 63,466 24 Oct. 1945 Bulgaria 111,493 1 July 1957 7,667 14 Dec. 1955 Burma 677,950 1 July 1958 20,255 19 Apr. 1948 Byelorussian SSR 207,600 1 Apr. 1956 8,000 24 Oct. 1945 Cambodia 172,511 Apr. 1958 4,740 14 Dec. 1955 Canada 9,974,375 1 Dec. 1958 17,241 9 Nov. 1945 Ceylon 65,610 1 July 1958 9,361 14 Dec. 1955 Chile 741,767 30 June 1958 7,298 24 Oct. 1945 China 9,796,973 1 July 1957 649,5061 24 Oct. 1945 Colombia 1,138,355 5 July 1958 13,522 5 Nov. 1945 Costa Rica 50,900 31 Dec. 1958 1,097 2 Nov. 1945 Cuba 114,524 1 July 1958 6,466 24 Oct. 1945 Czechoslovakia 127,859 1 July 1958 13,469 24 Oct. 1945 Denmark 43,042 1 July 1957 4,500 24 Oct. -
Koreaforschung
INHALT VI Viennese Contributions to Korean Studies Special issue on ‘North Korea: ‘Crisis as an Opportunity’ and the Unintended Consequences of Engagement’ Youngmi Kim North Korea: ‘Crisis as an Opportunity’ and the Unin- tended Consequences of Engagement Wiener Beiträge Hyug-Baeg Im Exceptional Difficulties of Peace Building in Korean Peninsula: An Eclectic Approach zur Robert Winstanley-Chesters Examining Emergent Environmental Strategies in the Era of Kim Jong Un Gianluca Spezza Education, International Cooperation and Future Chal- lenges for the DPRK Koreaforschung Valentina Marinescu & Kim Jong Il’s death and legacy: Media Frames Ecaterina Balica and Myths in Romanian Media Matteo Fumagalli Regime Survival, Societal Resilience and Koreanologie • Institut für Ostasienwissenschaften Change in North Korea Universität Wien Articles (Hrsg.) Rainer Dormels The Impact of Democratization Processes on the Re- cruitment of Cabinet Ministers in South Korea Jeongim Hyun What Makes A Social Movement Possible? A Case Study of Korea’s 2012 Candlelight Movement Soyoung Kim & A Disparity between Faith and Actu- John Harbord ality: A Story of North Korean Political Defectors in Bul- garia Reviews “Nation Building in South Korea Koreans, Americans, and the Making of a Democracy”; Re- viewer: Alexander Akbik Wiener Beiträge zur Koreaforschung “Bad Samaritans: The Myth of Free Trade and the Secret History of Capitalism”; Reviewer: Alexis Clifford “Whose Ideas Matter? Agency and Power in Asian Regionalism”; Reviewer: Archana Chaturvedi “Monetary and Financial