International Satellite Law

Science.gov (United States)

von der Dunk, Frans

2017-07-01

International space law is generally considered to be a branch of public international law. In that sense, it constitutes a "subset of rules, rights and obligations of states within the latter specifically related to outer space and activities in or with respect to that realm." Dealing with an inherently international realm, much of it had been developed in the context of the United Nations, where the key treaties are even adhered to by all major space-faring countries. In addition, other sources—including not only customary international law but also such disputed concepts as "soft law" and political guidelines and recommendations—also contributed to the development of a general framework legal regime for all of mankind's endeavors in or with respect to outer space. Originally, this predominantly included scientific and military/security-related activities, but with the ongoing development of technology and a more practical orientation, it increasingly came to encompass many more civilian and, ultimately, even commercial activities, largely through downstream applications originating from or depending on space technology and space activities. Important here are the overarching, usually more theoretical aspects of international space law, which include how it was developed or continues to be developed, what special roles do "soft law" or the military aspects of space activities play in this regard, and how do national space laws (also) serve as a tool for interpretation of international space law. Also important is the special category of launches and other space operations in the sense of moving space objects safely into, through and—if applicable—back from outer space. Without such operations, space activities would be impossible, yet they bring with them special concerns; for instance, in terms of liability, the creation of space debris and even the legal status and possible commercialization of natural resources produced from celestial bodies. Finally

The incorporation of public international law into municipal law and ...

African Journals Online (AJOL)

Monism and dualism represent two different approaches towards the relationship between public international law and municipal law. While the former views public international law and municipal law as a single legal system, the latter regards these two areas of law as separate and distinct legal systems that exist ...

The impact of Indonesia’s food law reform on the concept of food sovereignty in Indonesia

Science.gov (United States)

Soetoto, E. O. H.

2018-03-01

Food sovereignty, since first articulated in 1996, evaluations of the practice and potential of this emerging concept and its sub-elements got fast popularity, which first emerged from civil society publications. Indonesia experienced food law reform from Law number 7 of 1996 to Law number 18 of 2012. The purposes of the work were: (1) to understand the reform process from the old to the new Indonesia’s food law, (2) to investigate the impact of Indonesia’s food law reform on the concept of food sovereignty in Indonesia. The approach was doctrinal research. The paper used secondary data with primary, secondary, and tertiary legal materials. The scientific innovation of this paper is the use of legal systems to strengthen the food sovereignty in Indonesia, suggesting that the law is needed to ensure the food sovereignty in Indonesia. The results show that there is a paradigm shift in the Indonesia’s food law from food security and food self-sufficiency towards food sovereignty and in the content materials of new Indonesia’s food law which include the concept of food sovereignty. The present reasearch concluded that there is a reform in Indonesia’s food law and there is an impact - in term of legal substance, legal structure, and legal culture- of Indonesia’s food law reform on the concept of food sovereignty in Indonesia.

Economics and technology in international law

International Nuclear Information System (INIS)

1982-01-01

This volume presents the main address, the lectures and the discussions of the symposium. The papers presented to the symposium were the following: the Draft Convention on the Law of the Sea and problems of the international deep seabed regime; developments in science and technology, as a challenge to international law; modern fishery engineering and its impact on international law; the EEC agricultural market - a case study of European Law; problems of international law in connection with a new system of the world economy; the GATT and a new world economic system; the Third World and UNCTAD; international disaster relief and mutual assistance in case of accidents, especially with a view to Atomic Energy Law; organisation, scope and limits of international co-operation in the peaceful use of nuclear energy. (HSCH) [de

The epochs of international law

CERN Document Server

Grewe, Wilhelm G

2000-01-01

A theoretical overview and detailed analysis of the history of international law from the Middle Ages through to the end of the twentieth century (updated from the 1984 German language edition). Wilhelm Grewe's "Epochen der Völkerrechtsgeschichte" is widely regarded as one of the classic twentieth century works of international law. This revised translation by Michael Byers of Oxford University makes this important book available to non-German readers for the first time. "The Epochs of International Law" provides a theoretical overview and detailed analysis of the history of international law from the Middle Ages, to the Age of Discovery and the Thirty Years War, from Napoleon Bonaparte to the Treaty of Versailles and the Age of the Single Superpower, and does so in a way that reflects Grewe's own experience as one of Germany's leading diplomats and professors of international law. A new chapter, written by Wilhelm Grewe and Michael Byers, updates the book to 1998, making the revised translation of interest ...

The Cambridge Companion to International Law

Directory of Open Access Journals (Sweden)

Achmad Gusman Siswandi

2014-08-01

Full Text Available ABSTRAK This book provides a thorough introduction to international law in a way that is rather unique compared to similar references. The subject matteris divided in a more concise way, while still giving rich perspective as it covers not only theories but also case studies and practices. This book consists of four parts, namely: the contexts of international law; international law and the state; techniques and arenas; and projects of international law.

Twentieth Century Internationalism in Law

DEFF Research Database (Denmark)

Spiermann, Ole

2007-01-01

, i.e., doubt and insecurity about international law and its basis. Rather than facilitating international law as a practical discipline, a superfi cial understanding of internationalism reinforced fetishisms of the discipline's theoretical past, not least the axiom that states only are proper...

International Criminal Law & Its Paradoxes

DEFF Research Database (Denmark)

Carlson, Kerstin Bree

2017-01-01

criminal law are unrealizable under current ICT practice. This is due to international criminal law's foundational, legitimizing basis in natural law, rather than political liberalism. The article calls for a revision of ICT institutional accountability structures.......This article challenges international criminal tribunals' (ICTs) capacity to perform the socially constitutive work of transitional justice. Highlighting paradigmatic ICT jurisprudence, it shows both the "progress" and "justice" constructs central to the work and legitimacy of international...

International nuclear law

International Nuclear Information System (INIS)

Mello, M.M. de.

1981-01-01

The peculiar feature of a developing nuclear law is discussed. Opinions from various writers and jurists are presented. It is concluded that it should be considered as international law, whose main sources are the various treaties, conventions and agreements. (A.L.) [pt

Time, history and international law

CERN Document Server

Craven, Matthew; Vogiatzi, Maria

2006-01-01

This book examines theoretical and practical issues concerning the relationship between international law, time and history. Problems relating to time and history are ever-present in the work of international lawyers, whether understood in terms of the role of historic practice in the doctrine of sources, the application of the principle of inter-temporal law in dispute settlement, or in gaining a coherent insight into the role that was played by international law in past events. But very little has been written about the various different ways in which international lawyers approach or unders

THE CONTEMPORARY INTERNATIONAL LAW. A RELATION BETWEEN HUMAN RIGHTS AND THE INTERNATIONAL HUMANITARIAN LAW

Directory of Open Access Journals (Sweden)

JEANNETTE IRIGOIN BARRENE

2018-01-01

Full Text Available During an armed conflict, a change in the application of the human right regulations and international humanitarian law can be observed in the practice of contemporary international law. It is possible to observe at UN and International Courts’ levels an interesting trend in the sense of considering the application of both systems simultaneously in cases of international crisis as well as in internal conflicts. This innovation in contemporary international law can be observed initially in the change experimented by the legislation of the Human Rights’ European Court and specially and clearer in the Human Rights’ Inter American Court, which in cases against Honduras, Colombia, Paraguay and other countries, states that the State, being warrantor of the efficient protection of civil population, must apply and honor not only the Human Rights’ American Convention, but also the articles 13th and 14th of the II protocol of the Geneva Conventions of 1949. The convergence of both branches of the Law, and its application may help to achieve a better defense and efficiency of the fundamental rights of the human being.

International Responsibility and the Systemic Character of International Law

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Saganek Przemysław

2017-12-01

Full Text Available The question whether international law is a system is one of the modern topics discussed by specialists of international law. The text of P. Saganek poses this question with respect to the rules on international responsibility. The two aims are to establish whether the rules on state responsibility are a system themselves and whether they may prima facie support the idea of international law as such a system. The two prima facie answers are positive. Every violation of international law gives rise to state responsibility if it can be attributed to a state and no circumstance precluding wrongfulness is in place. In this sense the rules on state responsibility form a sub-system supporting the thesis on the systemic nature of international law. On a closer analysis one can encounter several doubts as to both answers. Paradoxically those rules are too ideal, too systemic. The author – without denying the necessity of several if not the majority of the identified rules – refers to a tendency of presenting as law some non-binding documents prepared by expert groups. This is a part of a wider process of ‘paper-law’. In this sense expert groups engage in ‘creating the language’ in which the true subjects of international law are expected to speak.

The ethics of international animal law

OpenAIRE

Kivinen, Tero

2014-01-01

This thesis analyzes international animal law, understood broadly as any international legal regulation pertaining to animals. The purpose of the thesis is to explain the moral implications of this branch of international law: how the law perceives the animal and how it believes animals ought to be treated. It attempts to do so by contrasting the law with moral philosophy pertaining to the status and treatment of animals as well as the core characteristics of the branch of animal law found in...

Research Handbook on International Environmental Law

NARCIS (Netherlands)

Merkouris, Panos; Fitzmaurice, Malgosia; Ong, David

2010-01-01

This wide-ranging and comprehensive Handbook examines recent developments in international environmental law (IEL) and the crossover effects of this expansion on other areas of international law, such as trade law and the law of the sea. The expert contributors offer analyses of foundational issues

International criminal justice: a pillar for the international rule of law

Directory of Open Access Journals (Sweden)

Gonzalo Aguilar Cavallo

2012-12-01

Full Text Available The international criminal justice has experienced a rapid change over the past years. This circumstance has underscored the need for interaction and complementation between international and domestic law. Some authors consider that the international criminal justice, and the activities of its tribunals, jeopardize the legality of international law. Our vision is that international criminal justice is a central pillar of the rule of law, at the national and the international levels. Far from undermining the legality of international law, international criminal justice paves the way towards a true international public order.

THE INTERFERENCE OF EUROPEAN UNION LAW WITH PUBLIC INTERNATIONAL LAW

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ROXANA-MARIANA POPESCU

2011-04-01

Full Text Available The European Union Law is an unique legal phenomenon developed in the process of European integration within the framework of the European Communities and the European Union; a result of the implementation of the supranational authority of the European institutions. The European Union law is a specific legal system having independent sources and principles that developed at the border-line of international law and domestic law of the EU’s Member States. The authonomy of the European Union law is affirmed by a case-law of the Court of Justice of the European Union.The European Union has its own legal order which is separate from international law and forms an integral part of the legal systems of the Member States. The legal order of the Union is founded on various different sources of law. The different nature of these sources has imposed a hierarchy among them. At the pinnacle of this hierarchy we find primary law, represented by the Treaties and general legal principles, followed by international treaties concluded by the Union and secondary law founded on the Treaties.

The law of international organisations

CERN Document Server

White, Nigel D

2017-01-01

This book provides a concise account of the principles and norms of international law applicable to the main-type of international organisation - the inter-governmental organisation (IGO). That law consists of principles and rules found in the founding documents of IGOs along with applicable principles and rules of international law. The book also identifies and analyses the law produced by IGOs, applied by them and, occasionally, enforced by them. There is a concentration upon the United Nations, as the paradigmatic IGO, not only upon the UN organisation headquartered in New York, but on other IGOs in the UN system (the specialised agencies such as the World Health Organisation).

50 CFR 404.12 - International law.

Science.gov (United States)

2010-10-01

... 50 Wildlife and Fisheries 7 2010-10-01 2010-10-01 false International law. 404.12 Section 404.12... MARINE NATIONAL MONUMENT § 404.12 International law. These regulations shall be applied in accordance with international law. No restrictions shall apply to or be enforced against a person who is not a...

Soft law in public international law : a pragmatic or a principled choice?

NARCIS (Netherlands)

Brus, Marcel M.T.

2017-01-01

This paper discusses the role of soft law in international law, in particular in the field of sustainable development law. Soft law is often regarded as non-law. However this qualification increasingly does not match the realities of the development of international law in which many legally

Law, Justice and a Potential Security Gap: The ‘Organization’ Requirement in International Humanitarian Law and International Criminal Law

NARCIS (Netherlands)

Fortin, K.M.A.; Bartels, Rogier

2016-01-01

This article explores the ‘organizational’ or ‘organization’ criterion for both noninternational armed conflict under international humanitarian law (IHL) and crimes against humanity under international criminal law (ICL) and considers how it affects the ability to address armed violence carried out

The immunity of states and their officials in international criminal law and international human rights law

NARCIS (Netherlands)

van Alebeek, R.

2008-01-01

* Provides an in-depth analysis of case law such as the Pinochet, Jones, Al-Adsani, the Arrest Warrant, and Taylor cases. * The first comprehensive treatment of the subject for both civil and criminal proceedings The development of international human rights law and international criminal law has

International School of Nuclear Law

International Nuclear Information System (INIS)

Anon.

2004-01-01

This is a report about the fourth International School of Nuclear Law (ISNL) held in Montpellier, France, on 23 August to 3 September 2004 by the OECD Nuclear Energy Agency (NEA) and the University of Montpellier 1 with the support of the International Nuclear Law Association (INLA), the European Commission, and the International Atomic Energy Agency (IAEA). (orig.)

The Unification of Private International Law

Directory of Open Access Journals (Sweden)

Emira Kazazi

2015-07-01

Full Text Available Civil and the common law approaching Europe is no longer a “future project”, but more and more rather a present attempt (Kötz, 2003 – 2004. In this prism, concentrating on the European International Private Law within the space of mixed jurisdictions, it may seem surprising in light of the attempts to create a new European ius commune. But is it possible that a unification of the material law may sign the start of the end of the European conflicts of laws? Last but not the least private international law is not just a choice of law. The unification of the private law, in its definition as a concept, does not influence two of the three pillars of the private international law: respectively, that of the jurisdiction and recognition as well as implementation of foreign decisions.

Public international law and civil law liability for compensation for damages by virtue of international environmental law

International Nuclear Information System (INIS)

Rest, A.

1982-01-01

The author analyses the current provisions in international law and international private law for their suitability to establish liability for damages due to transfrontier pollution, also taking into account damage occurred through the operation of nuclear power plants. As a result the author suggests that the national goverments should jointly set up standards and catalogues of environmentally detrimental effects and impacts, and of the seriousness thereof, and to make these form part of international conventions and agreements which also should unambigiously state liability for compensation for damages. For activities involving special hazards, liability for risks should be introduced in such a body of international regulations. (CB) [de

International nuclear energy law - present and future

International Nuclear Information System (INIS)

Barrie, G.N.

1988-01-01

International nuclear energy law, as discussed in this article, is the law relating to the global, peaceful uses of nuclear science and technology. The position of nuclear law in the wide realm of law itself as well as the present status of nuclear legislation is assessed. This article also covers the development of international nuclear energy law, from the first nuclear law - the New Zealand Atomic Energy Act of 1945-, the present and the future. National and international organizations concerned with nuclear energy and their contribribution to nuclear law are reviewed

Do Scandinavians Care about International Law?

DEFF Research Database (Denmark)

Wind, Marlene

2016-01-01

Although Scandinavians are often celebrated as the vanguards of human rights and international law, we know little about whether courts and judges in these countries have embraced those international courts and conventions that they themselves helped establish after the Second World War. This art......Although Scandinavians are often celebrated as the vanguards of human rights and international law, we know little about whether courts and judges in these countries have embraced those international courts and conventions that they themselves helped establish after the Second World War...... international law and courts by citing their case law. Building on this author’s previous research, it is argued that Norway sticks out as much more engaged internationally due to a solid judicial review tradition at the national level. It is also argued that Scandinavian legal positivism, has influenced a much...

Contemporary Theories and International Law-Making

NARCIS (Netherlands)

Venzke, I.

2013-01-01

Many contemporary theories approach international law-making with a shift in emphasis from the sources of law towards the communicative practices in which a plethora of actors use, claim and speak international law. Whereas earlier approaches would look at the sources as the singular moment of

CONFLICTS IN THE INTERNATIONAL TAX LAW AND ANSWERS OF THE EUROPEAN TAX LAW

OpenAIRE

Éva ERDÕS

2011-01-01

This study tries to show the essence of the international tax law, and gives a definition of it, as the origine of the international tax conflicts, but secondly the international tax law solved the international tax conflicts. One device of the solving method of the international tax law is the international treaties between the Member States about the avoidance of the double taxation. We should give a definition to the European tax law, as the result of the European tax harmonisation, but th...

International Criminal Law: Over-studied and Underachieving?

OpenAIRE

Van Sliedregt, E

2016-01-01

In his recent review of Neil Boister's book, An Introduction to Transnational Criminal Law, Robert Currie praises the author for shedding light on a field of law that has suffered from inattention. Transnational criminal law (TCL), the 'other' branch of what was traditionally called international criminal law, has been overshadowed by international criminal law 'proper' (ICL). The establishment of international criminal tribunals after the end of the Cold War, culminating in the establishment...

EU Food Health Law

DEFF Research Database (Denmark)

Edinger, Wieke Willemijn Huizing

to human health because of other factors, such as their nutritional composition. The growing prevalence of obesity and non-communicable diseases are examples of contemporary health challenges that are difficult to fit into the rather narrow concept of food safety risks in the GFL. The conclusion is that EU...... of harmonising measures that could facilitate a better consumer protection from non-safety health risks at the EU level. The EU legislature should use this legislative competence to fill in the regulatory grey area. Two possible ways forward to better integrate food health into the EU food law framework...

Do Scandinavian Care about international law?

DEFF Research Database (Denmark)

Wind, Marlene

2016-01-01

Although Scandinavians are often celebrated as the vanguards of human rights and international law, we know little about whether courts and judges in these countries have embraced those international courts and conventions that they themselves helped establish after the Second World War....... This article presents original and comprehensive data on three Scandinavian courts' citation practice. It demonstrates that not only do Scandinavian Supreme Courts engage surprisingly little with international law, but also that there is great variation in the degree to which they have domesticated...... international law and courts by citing their case law. Building on this author's previous research, it is argued that Norway sticks out as much more engaged internationally due to a solid judicial review tradition at the national level. It is also argued that Scandinavian legal positivism has influenced a much...

BOOK REVIEW FOOD AND AGRICULTURAL LAW: READINGS ON ...

African Journals Online (AJOL)

242 AFE BABALOLA UNIVERSITY: JOURNAL OF SUSTAINABLE DEVELOPMENT LAW ... The book, Food and Agricultural Law is Nigeria's first authoritative book ... professions including law, economics, environmental science, development,.

The Fundamental Concept of Crime in International Criminal Law: A Comparative Law Analysis

DEFF Research Database (Denmark)

Marchuk, Iryna

This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective in light of the catalyzing impact of the criminal law theory developed in major world legal systems on the crystallization of the substantive part...... of international criminal law. This study offers a critical overview of international and domestic jurisprudence in regards to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive...... comparative analysis of substantive criminal laws in selected legal jurisdictions....

International and European Security Law

Directory of Open Access Journals (Sweden)

Jonathan Herbach

2012-02-01

Full Text Available Security law, or more comprehensively conflict and security law, on the international level represents the intersection of three distinct but interrelated fields: international humanitarian law (the law of armed conflict, jus in bello, the law of collective security (most identified with the United Nations (UN system, jus ad bellum and arms control law (including non-proliferation. Security in this sense is multifaceted - interest security, military security and, as is often referred to in the context of the EU, human security. As such, the law covers a wide range of specific topics with respect to conflict, encompassing the use of force, including choice of weapons and fighting techniques, extending to the rules applicable in peacekeeping and peace enforcement, and yet also dictating obligations outside the context of conflict, such as safeguarding and securing dual-use materials (those with both peaceful and military applications to prevent malicious use.

The Concept of Law and International Society

DEFF Research Database (Denmark)

Schaumburg-Müller, Sten

Hedley Bull, one of the founders of the School of International Society (English School) relies heavily on H.L.A. Hart in his understanding of law, including international law. The contribution seeks to explore 1) how Bull has creatively made use of Hart's Concept of Law, 2) on which points Hart'......'s theory has short comings, 3) on which additional points Bull's use of the concept of law has short comings, and 4) sketch of ideas how to improve the various short comings.......Hedley Bull, one of the founders of the School of International Society (English School) relies heavily on H.L.A. Hart in his understanding of law, including international law. The contribution seeks to explore 1) how Bull has creatively made use of Hart's Concept of Law, 2) on which points Hart...

From Public International to International Public Law: Translating World Public Opinion into International Public Authority

NARCIS (Netherlands)

von Bogdandy, A.; Goldmann, M.; Venzke, I.

This article argues that increasing demands in world public opinion for legitimate and effective international institutions require a paradigm shift in public international law. There is a part of public international law that should be better understood as international public law because it

NGOs : legitimate subjects of international law

NARCIS (Netherlands)

Szazi, Eduardo

2012-01-01

The manuscript studies NGOs in international law. For that purpose, NGOs were appraised under each of the sources of international law, which, according to authoritative legal doctrine, were listed in article 38 of the Statute of the International Court of Justice. The thesis also addresses the

EU international family law: Legal basis, sources, case law of ECJ

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Bordaš Bernadet

2012-01-01

Full Text Available The paper offers analysis of two issues. The first is the overview of the legal basis of international family law and it's sources under the Treaty of Lisbon on the Functioning of the European Union, and the second the case law of the European Court of Justice. Since 1999, when the Treaty of Amsterdam came into force, four regulations were adopted in matters of international family law as secondary sources of EU law, and three of them came into force. National courts of Member Sates are bound to apply directly three regulations, but so far only the interpretation of Brussels II bis Regulation has reached the European Court of Justice. Some of the judgments of the Court could be of interest for Serbian private international law. The reason is in the fact that the Court gave rulings on issues and concepts which are not defined in Serbian law, so they could influence the development and definitions of the those in the course of drawing up the new Act of Private International Law in Serbia. The paper reviews the Sundelind Lopez, the Hadady, the Case A. and the Mercredi judgments.

Comparison of international food allergen labeling regulations.

Science.gov (United States)

Gendel, Steven M

2012-07-01

Food allergy is a significant public health issue worldwide. Regulatory risk management strategies for allergic consumers have focused on providing information about the presence of food allergens through label declarations. A number of countries and regulatory bodies have recognized the importance of providing this information by enacting laws, regulations or standards for food allergen labeling of "priority allergens". However, different governments and organizations have taken different approaches to identifying these "priority allergens" and to designing labeling declaration regulatory frameworks. The increasing volume of the international food trade suggests that there would be value in supporting sensitive consumers by harmonizing (to the extent possible) these regulatory frameworks. As a first step toward this goal, an inventory of allergen labeling regulations was assembled and analyzed to identify commonalities, differences, and future needs. Published by Elsevier Inc.

Regulating food law : risk analysis and the precautionary principle as general principles of EU food law

NARCIS (Netherlands)

Szajkowska, A.

2012-01-01

In food law scientific evidence occupies a central position. This study offers a legal insight into risk analysis and the precautionary principle, positioned in the EU as general principles applicable to all food safety measures, both national and EU. It develops a new method of looking at these

De Facto Regimes in International Law

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Jonte van Essen

2012-02-01

Full Text Available The ambiguous position of de facto regimes in international law has long been the subject of scholarly debate and a source of political conflict. An assessment of the current standing of these regimes in international law and the consequences of actions by international actors on this status has, however, been long overdue. The manner in which de facto regimes are regarded internationally has serious consequences for the individuals under the influence of this legal grey area. Therefore, the study into this problem and possible solutions is of great significance. The 2011 developments in Northern Africa underline the need of contemporary research into this area. This essay aims to clarify the position of de facto regimes in international law and the influence on their status by actions of international actors. The author first argues that de facto regimes have rights and obligations under international law, which provide them with (some form of international legal personality. He then pleads for a reconsideration of the contemporary legal treatment of these regimes. The author argues against the current system of government recognition and proposes a system that better addresses the needs of both de facto regimes and the international community. 

Integrating International Business Law Concepts into a High School Business Law Course.

Science.gov (United States)

Golden, Cathleen J.; McDonald, Michael L.

1998-01-01

Outlines international business content for a high school business law curriculum: history of international business law, World Trade Organization, international disputes, contracts and sales, financing/banking, currency, taxation, intellectual property, transportation, and multinational corporations. Considers whether to teach international…

The law applicable to environmental damage in European private international law

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Đundić Petar

2013-01-01

Full Text Available The paper contains an analysis of choice of law rules in the field of non-contractual liability for damage caused to environment in national legislations of European countries as well as in Private International Law of the European Union. Before the adoption of Regulation of the European Parliament and of the Council on the law applicable to non-contractual obligations (Rome II, special choice of law rules for environmental torts existed in a small number of European national legal orders. This is the fact that gives the rule contained in Article 7 of the Rome II Regulation a particular importance. From the Serbian Private International Law perspective, the significance of that provision is highlighted by the fact that the working draft of the new Serbian Private International Law Act has strictly followed the choice of law rule envisaged by the European legislator for environmental damage. For that reason, a significant part of the paper is dedicated to analysis of said rule, to its interpretation and potential problems which its application could create.

Private food law : governing food chains through contracts law, self-regulation, private standards, audits and certification schemes

NARCIS (Netherlands)

Meulen, van der B.M.J.

2011-01-01

Since the turn of the Millennium, world-wide initiatives from the private sector have turned the regulatory environment for food businesses upside down. For the first time in legal literature this book analyses private law initiatives relating to the food chain, often referred to as private

International law, constitutional law, and public support for torture

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Adam S Chilton

2016-03-01

Full Text Available The human rights movement has spent considerable energy developing and promoting the adoption of both international and domestic legal prohibitions against torture. Empirical scholarship testing the effectiveness of these prohibitions using observational data, however, has produced mixed results. In this paper, we explore one possible mechanism through which these prohibitions may be effective: dampening public support for torture. Specifically, we conducted a survey experiment to explore the impact of international and constitutional law on public support for torture. We found that a bare majority of respondents in our control group support the use of torture, and that presenting respondents with arguments that this practice violates international law or constitutional law did not produce a statistically significant decrease in support. These findings are consistent with prior research suggesting, even in democracies, that legal prohibitions on torture have been ineffective.

Encyclopedia of Public International Law, 7 / Henn-Jüri Uibopuu

Index Scriptorium Estoniae

Uibopuu, Henn-Jüri, 1929-2012

1985-01-01

Tutvustus.: Encyclopedia of Public International Law, published under the Auspices of the Max-Planck-Institute for Comparative Public Law and International Law under the Direction of Rudolf Bernhardt. (7. History of International Law. Foundations and Principles of International Law. Sources of International Law. Law of Treaties). Amsterdam, New York, Oxford: North-Holland Publishing Company, 1984

The „Collateral Estoppel” Theory in International Law

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Claudia ANDRIŢOI

2011-08-01

Full Text Available The objectives of the article are represented by the fact that the interdependence of the two legal orders, internal and international, refers to the fact that, international law without internal law signifies federalization, which the contrary situation signifies the impossibility of establishing an international community. The rules of international law are applied to national court according to national constitutions and for domestic purposed. According to the theory of the act of state, even if it would seem that, at least internal acts of implementation of international rules are subjected to internal jurisdictions, the resolutions implemented often touch the problem of security and public order that escapes the judicial competencies. But, sometimes, the refuse of controlling the resolutions of the SC has been justified according to the UN Charta supremacy. In this case, national courts have been in the position of interpreting the CS resolutions. In conclusion it results that international law will efficiency the application of positive law being at least, an instrument of interpreting, and, on the other side, national law represents an exclusive means of transposing international regulation on a state plan.

Food Pedagogies in Japan: From the Implementation of the Basic Law on Food Education to Fukushima

Science.gov (United States)

Reiher, Cornelia

2012-01-01

Japan's Basic Law on Food Education (Shokuiku kihonho) was enacted in June 2005 as a response to various concerns related to food and nutrition, such as food scandals, an increase in obesity and lifestyle-related diseases and an assumed loss of traditional food culture. The Law defines food education (shokuiku) rather vaguely as the acquisition of…

International law and United Nations

Directory of Open Access Journals (Sweden)

Savić Matej

2012-01-01

Full Text Available Along with centuries-lasting open military pretensions of world superpowers, modern diplomacy has developed, as beginning a war, as well as coming to peace demanded political activity which resulted, first in signing, and then coming into effect of international documents, on the basis of which, a foundation for the modern international order has been cast. Further on, by the formation of international organizations, codification has been allowed, as well as a progressive development of international law. Additionally, in the sense of preserving international peace and security, first the League of Nations was formed, and following the ending of World War II, the UN. Generally, the functioning of the United Nation's organs, has been regulated by legal rules, however political goals, tendencies, and mechanisms which the member states are using determine greatly the activity above all of the Security Council, but furthermore of the General Assembly, as a plenary organ. Nevertheless, the achieved results of the Commission for International Law in the meaning of creation of international conventions, as well as state adhering to the same, present unassailable achievements in the sense of development of international law. On the other hand, tendencies of motion of international relationships are aimed at establishing a multi-polar system in the international community. Today, the political scene is assuming a new appearance, by which the nearly built international system is already awaiting further progressive development.

De Facto Regimes in International Law

OpenAIRE

Essen, Jonte van

2012-01-01

The ambiguous position of de facto regimes in international law has long been the subject of scholarly debate and a source of political conflict. An assessment of the current standing of these regimes in international law and the consequences of actions by international actors on this status has, however, been long overdue. The manner in which de facto regimes are regarded internationally has serious consequences for the individuals under the influence of this legal grey area. Therefore, the ...

The protection of the accused in international criminal law according to the Human Rights Law Standard

Directory of Open Access Journals (Sweden)

Karolina Kremens

2011-12-01

Full Text Available The presented paper discusses the influence of international human rights law on international criminal law. It tries to give an answer to the question of whether rules protecting the accused in international criminal proceedings meet the human rights law standard provided by international declarations and covenants. Meaning, if the proceedings before the International Criminal Tribunal for Former Yugoslavia (ICTY, International Criminal Tribunal for Rwanda (ICTR and International Criminal Court (ICC meet the standard provided by international human rights law, in particular the International Covenant on Civil and Political Rights. The paper proves that international human rights law has affected international criminal law tremendously. Moreover, it is argued that the protection of the accused in the law of the international courts and tribunals with regard to his rights has improved when compared to the international human rights law standard. In particular the Rome Statute of the ICC provides the accused with the most comprehensive protection. This is especially visible in the case of such rights as the presumption of innocence, right to an interpreter and right to remain silent. Nevertheless, some shortcomings in the law of the ad hoc tribunals and ICC can be observed, in particular when it comes to identifying the commencement of protection of the accused.

Wording in international law

NARCIS (Netherlands)

d' Aspremont, J.

2012-01-01

Since the demise of philosophical foundationalism and that of the Aristotelian idea of an inner meaning of words, scholarship about international law is no longer perceived as a mining activity geared towards the extraction of pre-existing meaning. Rather, international legal scholarship is in a

Introduction of a pet food safety law in Japan

Directory of Open Access Journals (Sweden)

Katsuaki Sugiura

2009-06-01

Full Text Available In response to a growing concern among Japanese people over the safety of pet food marketed in Japan, a Pet Food Safety Law was approved by the Diet in June 2008 and will be enforced in June 2009. The law obliges manufacturers and importers of pet food to observe the standards for production methods and labelling and compositional specifications set by the Ministry of the Environment (MoE and the Ministry of Agriculture, Forestry and Fisheries (MAFF. The law also obliges manufacturers, importers and distributors (excluding retailers of pet food to keep records of the name and quantity of pet food manufactured, imported and distributed. Within the compositional specifications, maximum residue limits have been established for aflatoxin B1 and certain organophosphorus pesticides and chemical preservatives. The establishment of standards for other mycotoxins, heavy metals, organochloride pesticides and other additives is scheduled for the near future.

32 CFR 700.705 - Observance of international law.

Science.gov (United States)

2010-07-01

... 32 National Defense 5 2010-07-01 2010-07-01 false Observance of international law. 700.705 Section... Other Commanders Titles and Duties of Commanders § 700.705 Observance of international law. At all times, commanders shall observe, and require their commands to observe, the principles of international law. Where...

Wording in International Law

NARCIS (Netherlands)

d' Aspremont, J.

2012-01-01

Since the demise of philosophical foundationalism and that of the Aristotelian idea of an inner meaning of words, the scholarship about international law is no longer perceived as a mining activity geared towards the extraction of pre-existing meaning. Rather, international legal scholarship is in a

THE MEASURES OF CONSTRAINT IN THE INTERNATIONAL LAW

Directory of Open Access Journals (Sweden)

Dumitriţa FLOREA

2013-12-01

Full Text Available For being addressee of the state international responsibility, the entities guilty of the trigger of an conflict or by of the commit of an fact through it’s bring touch to the international public order, must have the quality of the subject of international public law or to be participant to an report of law like this, knowing that the reports which it’s settle between the entities which actions in the international society are considered the international relationships. The relationships which are established between the subjects of international law are falling under the international public law. The constraints is an element of international law which does not constitute an violation, but an mean of achievement of the law. The base element of the constraint is legality, including from the point of view of foundation, method and the volume. The constraint is determine, first of all by the purpose and base principles of the international law. The countermeasure are limited through the temporary a groundless of the obligations by the injured states, face to the guilty state and are considered legal until it will be achieved their purpose. They must have applied in a sort way to permit re-establish of the application of obligations infringe. This rule has to do with Convention of Vienna from 1969 regarding the treaties law, according to “in the time of abeyance period, the parties must abstain from any deeds which will tend to impedes the resumption of applying the treaty”

Constitutional law and international law at the turn of the century

Directory of Open Access Journals (Sweden)

JA Frowein

1998-11-01

Full Text Available Constitutional law and international law operate in simultaneous conjunction and reciprocal tension. Both fields seem to have overcome the great challenges of destruction and neglect in the course of the 20th century.Both after World War I and World War II the world experienced new waves of constitution making. In both cases the current German constitutions (the Weimar Constitution of 1919 and the Grundgesetz of 1949 were influential.Characteristic of constitution-making in this century, is the final victory of liberal constitutions based on the rule of law, the Rechtsstaat, fundamental rights, meaningful control of public powers and the establishment of constitutional courts.Following the destruction of World War II, the notion of the Sozialstaat emerged strongly in Germany. In contrast to the Constitution of the United States of America, the principle of the responsibility of the state for social justice has emerged in almost all new constitutions, including Russia, Poland, South Africa, Spain, Italy and Portugal.Where courts are given the mandate to interpret bills of rights, fundamental rights have been developed into foundation stones of the legal system. The presence in a Bill of Rights of restrictive clauses, is important for its analysis. Generally restrictive clauses in new constitutions try to limit the possibilities of restriction.The importance of constitutional rules establishing and legitimizing the political organs, must not be overlooked. Of particular importance is the degree of control over the head of state, a positive attitude among political actors towards the constitution and the protection of the interests of minorities in a democratic system.In the field of Public International Law much of Kant's ideal of an international confederation of peace has been realized. Since 1990 the United Nation's Security Council has shown the potential of becoming a directorate for the community of nations.International law has also been

International institutional law unity within diversity

CERN Document Server

Schermers, Henry G

2011-01-01

In recent years there has been a resurgence of interest in the law of public international organizations. This fifth, revised edition of International Institutional Law covers the most recent developments in the field. Although public international organizations such as the United Nations, the World Trade Organization, the World Health Organization, ASEAN, the European Union and other organizations have broadly divergent objectives, powers, fields of activity and numbers of member states, they also share a wide variety of institutional problems. Rather than being a handbook for specific organizations, the book offers a comparative analysis of the institutional law of international organizations. It includes comparative chapters on the rules and practices concerning membership, institutional structure, decision-making, financing, legal order, supervision and sanctions, legal status and external relations. The books theoretical framework and extensive use of case-studies is designed to appeal to both academics ...

Issues concerning outer space investments in international law ...

African Journals Online (AJOL)

Issues concerning outer space investments in international law. ... Recent improvements in technology have in essence increased the viability of outer space as the next frontier for international investment and development. In addition to ... Key words: Outer Space, Investments, International Law, International Space Station ...

Contractual and non-contractuall obligations in private international Law

OpenAIRE

Čejková, Martina

2010-01-01

67 8 Summary 8.1 Contractual and Non-contractual Obligations in Private International Law This thesis deals with the European international private law and discusses the current law-crash modification of contractual and non-contractual obligations. Characteristic of the European community is the absence of unification of the substantive law, which is compensated, by the unification of conflict standards. The unification of conflict standards, as an instrument of the international private law,...

International institutional law

CERN Document Server

Schermers, Henry G

1972-01-01

In several respects the present study is an enlargement of a former analysis about the specialized agencies of the United Nations to more organisations and into further detail. In particular the creation of the European Communities, adding new aspects to international institutional law, have received attention.

Encyclopedia of Public International Law, 8 / Henn-Jüri Uibopuu

Index Scriptorium Estoniae

Uibopuu, Henn-Jüri, 1929-2012

1986-01-01

Tutvustus: Encyclopedia of Public International Law, published under the Auspices of the Max-Planck-Institute for Comparative Public Law and International Law under the Direction of Rudolf Bernhardt. (8. Human Rights and the Individual in International Law. International Economic Relations). Amsterdam, New York, Oxford: North-Holland Publishing Company, 1985

A Pluralist Approach to the Law of International Sales

Directory of Open Access Journals (Sweden)

Juana Coetzee

2017-03-01

Full Text Available International trade can support economic development and social upliftment. However, people are often discouraged from contracting internationally due to the existence of differences in legal systems which act as a non-tariff barrier to trade. This article focuses on the private law framework regulating international contracts of sale. During the twentieth century the problem of diverse laws was primarily addressed by global uniform law such as the United Nations Convention on Contracts for the International Sale of Goods (CISG. However, uniform law is rarely complete and has to be supplemented by national law, trade usage or party agreement. Because there are gaps in the CISG the Swiss government has made a proposal for a new global contract law. But is this a feasible solution to the fragmentary state of international trade law? In Europe, signs of resistance are setting in against further harmonisation. The Proposal for a Common European Sales Law (CESL was recently withdrawn, and now Britain has voted to leave the European Union. Rumour has it that more countries might follow. The current private law framework for international sales contracts consists of a hybrid system where international, national, state and non-state law function side by side. This article submits that universalism is not per se the most efficient approach to the regulation of international sales law and that economic forces require a more varied approach for business-to-business transactions. The biggest challenge, however, would be to manage global legal pluralism. It is concluded that contractual parties, the courts and arbitral tribunals can effectively manage pluralism on a case-by-case basis.

Topical problems of nuclear law viewed internationally

International Nuclear Information System (INIS)

Bischof, W.

1978-01-01

The International Nuclear Law Association, on its 3rd Congress Nuclear Inter Jura from October 2-5, 1977 in Italy, dealt with a number of topical problems of nuclear law, in particular aspects concerning agreements in connection with the construction of nuclear facilities, the influence of nuclear energy on the environment and the public acceptance, third party liability, and nuclear insurance, radiation protection law and international judicial problems. (orig.) [de

Double Taxation Agreements: Between EU Law and Public International Law

OpenAIRE

Hofmann, Herwig

2011-01-01

After the first drafts of the Treaty of Lisbon were available outside of the small circle of cogniscenti, specialists of the various policies tried to establish whether the new Treaty on European Union (TEU) and Treaty on the Functioning of the European Union (TFEU) contained anything relevant for their specific areas of law. People interested in tax law and those interested in the relation between EU law and public international law quickly established that one familiar yet not always well u...

The Nuclear Safety Convention - does it confirm existing German law, and update international law?

International Nuclear Information System (INIS)

Lindemann, C.

1995-01-01

Some selected examples are discussed that are intended to answer the question of whether the NSC in its essence represents a development in confirmation of existing German nuclear law, and whether, assuming its coming into effect, this Convention will mean a step forward in the development of international law. The author examines the value of this codification of international law as such, and some of the obligations and standards such as retrofitting measures or shutdown of reactors below safety standard, and continues with briefly discussing the relationship between the NSC and nuclear liability law, the planned provisions for radiological protection in Art. 15, and the obligations for transboundary notification of safety-relevant events. These stipulations are analysed in comparison to existing international law, and with a view to their implementation under German law. Some provisions of the NSC that are based on standards of international technical guidance are compared with German regulatory guides. (orig./HP) [de

Encyclopedia of Public International Law, 9 / Henn-Jüri Uibopuu

Index Scriptorium Estoniae

Uibopuu, Henn-Jüri, 1929-2012

1988-01-01

Tutvustus: Encyclopedia of Public International Law / published under the Auspices of the Max-Planck-Institute for Comparative Public Law and International Law under the Direction of Rudolf Bernhardt. (9. International Relations and Legal Cooperation in General. Diplomacy and Consular Relations and 10. States. Responsibility of Sates. International Law and Municipal Law). Amsterdam, New York, Oxford : North-Holland Publishing Company, 1986-1987. Pp. XV, 425 and pp. XV, 543

The South China Sea Dispute : Perspective of International Law

NARCIS (Netherlands)

Ma, Xuechan

2016-01-01

This article discusses the South China Sea dispute from the perspective of international law. First, it introduces some basic knowledge about international law in this field. In the second part, Spratly islands dispute is used as a concrete example to show how international law analyzes this kind of

Constitutional Law and International Law at the Turn of the Century ...

African Journals Online (AJOL)

Administrator

Prof Dr Jochen Abr. Frowein, Director of the Max-Planck-Institute for Comparative Public. Law and ... To consider how Constitutional Law or International Law were understood in 1900 means to notice the immense .... In the relationship between the political organs of a state the role of the Constitutional Court should be seen ...

Contractual Networks In European Private International Law

OpenAIRE

Grušić, U.

2016-01-01

This article examines private international law issues raised by transnational contractual networks. The focus is on choice-of-law questions that arise in the context of 1) relations between network members who are contractually bound to one another, 2) relations between network members not connected directly by bonds of contract, and 3) relations between the network and the outsiders. The aim is to assess whether, and to what extent, European private international law is capable of dealing w...

Socioeconomic Differences in the Association between Competitive Food Laws and the School Food Environment

Science.gov (United States)

Taber, Daniel R.; Chriqui, Jamie F.; Powell, Lisa M.; Perna, Frank M.; Robinson, Whitney R.; Chaloupka, Frank J.

2015-01-01

Background: Schools of low socioeconomic status (SES) tend to sell fewer healthy competitive foods/beverages. This study examined whether state competitive food laws may reduce such disparities. Methods: School administrators for fifth- and eighth grade reported foods and beverages sold in school. Index measures of the food/beverage environments…

Federal laws needed for food irradiation

International Nuclear Information System (INIS)

Benson, D.

1987-01-01

The proposed use of irradiation in food processing is drawing considerable attention to the Australian irradiation industry that has operated safely for almost 30 years. A recent inquiry by the Australian Consumers Association concluded that food irradiation should only be allowed if strong federal laws are implemented to ensure the safety of consumers and environment. At present, Australian irradiation plants are confined to sterilising or reducing health risks associated with products not for human consumption

International Law and the Society of Nations: An Introduction to Public International Law in the 1990s. Cases and Materials.

Science.gov (United States)

King, Jason Scott, Ed.; Scurti, Jason, Ed.; And Others

This casebook on international law was developed by high school students around the globe and emphasizes the important role that students can play in furthering international law education. The text provides teachers and students with a summary review of 25 major cases heard by the International Court of Justice, along with additional materials.…

Jurisdiction in international law : United States and European perspectives

OpenAIRE

Ryngaert, Cedric

2007-01-01

This study starts with a quote by Professor Meessen: “The function of scholars of international law offers less opportunity for creative thinking [compared to scholars of conflict of laws]: they may compile and analyze state practice, but they cannot replace it with their own concepts.”[1] This study, which primarily looks at the phenomenon of jurisdiction through a (public) international law lens, rejects that limiting claim. While the current state of the international law of jurisdiction ...

Encyclopedia of Public International Law, 2 / Henn-Jüri Uibopuu

Index Scriptorium Estoniae

Uibopuu, Henn-Jüri, 1929-2012

1982-01-01

Tutvustus: Encyclopedia of Public International Law, published under the Auspices of the Max-Planck-Institute for Comparative Public Law and International Law under the Direction of Rudolf Bernhardt. (2. Decisions of International Courts and Tribunals and International Arbitrations). Amsterdam, New York, Oxford: North-Holland Publishing Company, 1981

Encyclopedia of Public International Law, 5 / Henn-Jüri Uibopuu

Index Scriptorium Estoniae

Uibopuu, Henn-Jüri, 1929-2012

1983-01-01

Tutvustus: Encyclopedia of Public International Law, published under the Auspices of the Max-Planck-Institute for Comparative Public Law and International Law under the Direction of Rudolf Bernhardt. 5. International Organizations in General. Universal International Organisazations and Cooperation. Amsterdam, New York, Oxford: North-Holland Publishing Company, 1983

The Illusive Nature of ‘Russian International Law

Directory of Open Access Journals (Sweden)

Gleb Bogush

2015-01-01

Full Text Available The monograph written by Estonian international law scholar Lauri Mälksoo is impressively well-timed. The record of recent international legal developments involving Russia is striking: the annexation of Crimea and the armed conflict in Ukraine, Russia’s ‘sanctions war’ with the United States and the European Union, nonrecognition and non-compliance with the international arbitral award in the Yukos case, and earlier, in 2013, Russia’s boycott of the proceedings at the International Tribunal for the Law of the Sea. Most recently, already subsequent to the publication of Russian Approaches to International Law, in July 2015 the Russian Constitutional Court sent a message of open disregard to Strasbourg by declaring that the judgments of the European Court of Human Rights could not be implemented in Russia if they contradicted the Russian Constitution. In all these instances the Russian government relied on its own reading of international law, which appeared not only to be strikingly different from that of the vast majority of states, but often detrimental to the foundations of the discipline. One might wonder whether these events are just the excesses of authoritarian power-politics, or more fundamentally grounded. Specifically, is there any special Russian international school of legal thought (referred to below as ‘Russian international law’? And if there is, may it serve as a plausible alternative to Western-centric contemporary international law? Lauri Mälksoo’s book is the first genuine response to these questions.

Defence counsel in international criminal law

NARCIS (Netherlands)

Temminck Tuinstra, J.P.W.

2009-01-01

The field of international criminal law is relatively new and rapidly developing. This dissertation examines whether international criminal courts enable defence counsel to conduct an effective defence. When the International Criminal Tribunals for the former Yugoslavia and Rwanda (the ad hoc

The South China Sea Dispute: Perspective of International Law

OpenAIRE

Ma, Xuechan

2016-01-01

This article discusses the South China Sea dispute from the perspective of international law. First, it introduces some basic knowledge about international law in this field. In the second part, Spratly islands dispute is used as a concrete example to show how international law analyzes this kind of dispute. Finally, it analyzes the arbitration case between the Philippines and China.

Archives: Nnamdi Azikiwe University Journal of International Law ...

African Journals Online (AJOL)

Items 1 - 11 of 11 ... Archives: Nnamdi Azikiwe University Journal of International Law and Jurisprudence. Journal Home > Archives: Nnamdi Azikiwe University Journal of International Law and Jurisprudence. Log in or Register to get access to full text downloads.

Nnamdi Azikiwe University Journal of International Law and ...

African Journals Online (AJOL)

Nnamdi Azikiwe University Journal of International Law and Jurisprudence: Site Map. Journal Home > About the Journal > Nnamdi Azikiwe University Journal of International Law and Jurisprudence: Site Map. Log in or Register to get access to full text downloads.

Nnamdi Azikiwe University Journal of International Law and ...

African Journals Online (AJOL)

Nnamdi Azikiwe University Journal of International Law and Jurisprudence: Journal Sponsorship. Journal Home > About the Journal > Nnamdi Azikiwe University Journal of International Law and Jurisprudence: Journal Sponsorship. Log in or Register to get access to full text downloads.

The precautionary principle in international environmental law and international jurisprudence

Directory of Open Access Journals (Sweden)

Tubić Bojan

2014-01-01

Full Text Available This paper analysis international regulation of the precautionary principle as one of environmental principles. This principle envisages that when there are threats of serious and irreparable harm, as a consequence of certain economic activity, the lack of scientific evidence and full certainty cannot be used as a reason for postponing efficient measures for preventing environmental harm. From economic point of view, the application of precautionary principle is problematic, because it creates larger responsibility for those who create possible risks, comparing to the previous period. The precautionary principle can be found in numerous international treaties in this field, which regulate it in a very similar manner. There is no consensus in doctrine whether this principle has reached the level of international customary law, because it was interpreted differently and it was not accepted by large number of countries in their national legislations. It represents a developing concept which is consisted of changing positions on adequate roles of science, economy, politics and law in the field of environmental protection. This principle has been discussed in several cases before International Court of Justice and International Tribunal for the Law of the Sea.

The Incorporation of Public International Law into Municipal Law and Regional Law against the Background of the Dichotomy between Monism and Dualism

Directory of Open Access Journals (Sweden)

Gerrit Ferreira

2014-11-01

Full Text Available Monism and dualism represent two different approaches towards the relationship between public international law and municipal law. While the former views public international law and municipal law as a single legal system, the latter regards these two areas of law as separate and distinct legal systems that exist alongside each other. However, not all legal systems are clearly either monist or dualist. The dichotomy between monism and dualism no longer only concerns the relationship between public international law and municipal law, but also increasingly affects the relationship between public international law and regional law. This contribution discusses the application of the monist and dualist approaches by the South African Constitutional Court in the Glenister case and the European Court of Justice in the Kadi and Hungary cases in order to illustrate the practical application of the dichotomy between monism and dualism in a municipal system and on a regional level.

International Criminal Law: Over-studied and Underachieving?

NARCIS (Netherlands)

van Sliedregt, E.

2016-01-01

In his recent review of Neil Boister's book, An Introduction to Transnational Criminal Law, Robert Currie praises the author for shedding light on a field of law that has suffered from inattention. Transnational criminal law (TCL), the 'other' branch of what was traditionally called international

State-level school competitive food and beverage laws are associated with children's weight status.

Science.gov (United States)

Hennessy, Erin; Oh, April; Agurs-Collins, Tanya; Chriqui, Jamie F; Mâsse, Louise C; Moser, Richard P; Perna, Frank

2014-09-01

This study attempted to determine whether state laws regulating low nutrient, high energy-dense foods and beverages sold outside of the reimbursable school meals program (referred to as "competitive foods") are associated with children's weight status. We use the Classification of Laws Associated with School Students (CLASS) database of state codified law(s) relevant to school nutrition. States were classified as having strong, weak, or no competitive food laws in 2005 based on strength and comprehensiveness. Parent-reported height and weight along with demographic, behavioral, family, and household characteristics were obtained from the 2007 National Survey of Children's Health. Bivariate and logistic regression analyses estimated the association between states' competitive food laws and children's overweight and obesity status (body mass index [BMI]-for-age ≥85th percentile). Children (N = 16,271) between the ages of 11-14 years with a BMI for age ≥5th percentile who attended public school were included. Children living in states with weak competitive food laws for middle schools had over a 20% higher odds of being overweight or obese than children living in states with either no or strong school competitive food laws. State-level school competitive food and beverage laws merit attention with efforts to address the childhood obesity epidemic. Attention to the specificity and requirements of these laws should also be considered. Published 2014. This article is a U.S. Government work and is in the public domain in the USA.

Peremptory Norms of International Law and Invocation of International Responsibility

Czech Academy of Sciences Publication Activity Database

Mrázek, Josef

2017-01-01

Roč. 8, nemá (2017), s. 4-22 ISSN 1805-0565. E-ISSN 1805-0999 Institutional support: RVO:68378122 Keywords : peremptory norms * Jus cogens * general international law Subject RIV: AG - Legal Sciences OBOR OECD: Law http://www.cyil.eu/

Information Warfare and International Law

National Research Council Canada - National Science Library

Greenberg, Lawrence T; Goodman, Seymour E; Soo Hoo, Kevin J

1998-01-01

.... Some legal constraints will certainly apply to information warfare, either because the constraints explicitly regulate particular actions, or because more general principles of international law...

German atomic energy law in the international framework

International Nuclear Information System (INIS)

Pelzer, N.

1992-01-01

The regional conference was devoted to the legal problems that ensue from German reunification against the background of the integration of German atomic energy law within international law. The elements of national atomic energy legislation required by international law and recent developments in international nuclear liability law were discussed from different perspectives. The particular problems of the application of the German Atomic Energy Act in the 5 new Laender (the territories of the former GDR) were presented and discussed, namely: The continued validity of old licences issued by the GDR; practical legal problems connected with the construction of nuclear power plants in the 5 new Laender; the legal issues connected with the final repository for radioactive wastes at Morsleben; and the new developments in radiation protection law following from the Unification Treaty and the new ICRP recommendations. All 14 lectures have been abstracted and indexed individually. (orig.) [de

The Effect of International Trade on Rule of Law

Directory of Open Access Journals (Sweden)

Junsok Yang

2013-03-01

Full Text Available In this paper, we look at the relationship between international trade and the rule of law, using the World Justice Project Rule of Law Index, which include index figures on human rights, limits on government powers, transparency and regulatory efficiency. Based on regression analyses using the rule of law index figures and international trade figures (merchandise trade, service trade, exports and importsIn this paper, we look at the relationship between international trade and the rule of law, using the World Justice Project Rule of Law Index, which include index figures on human rights, limits on government powers, transparency and regulatory efficiency. Based on regression analyses using the rule of law index figures and international trade figures (merchandise trade, service trade, exports and imports as percentage of GDP, international trade and basic human rights seem to have little relationship; but trade has a close positive relationship with strong order and security. Somewhat surprisingly, regulatory transparency and effective implementation seems to have little or no effect on international trade and vice versa. International trade shows a clear positive relationship with the country’s criminal justice system, but the relationship with the civil justice system is not as clear as such. For regulatory implementation and civil justice, services trade positively affect these institutions, but these institutions in turn affect exports more strongly than services trade. Finally, the effect of trade on rule of law is stronger on a medium to long term (10-20 year time horizon.

Nnamdi Azikiwe University Journal of International Law and ...

African Journals Online (AJOL)

Focus and Scope. Nnamdi Azikiwe University Journal of International Law and Jurisprudence (NAUJILJ) is a scholarly, online/print, open access, peer-reviewed and fully refereed journal which focuses strictly on issues of international law and jurisprudence. The Journal is abstracted and indexed with African Journals ...

The development of international law through the unauthorised ...

African Journals Online (AJOL)

The law, including international law, is subject to continuous change. It can be adapted to changing circumstances through formal amendments of or additions to existing norms and practices. It can also be changed through the conduct of international institutions that is not within their legally defined competencies, provided ...

Gender, International Law and Justice : Access to Gender Equality ...

International Development Research Centre (IDRC) Digital Library (Canada)

Gender, International Law and Justice : Access to Gender Equality. Countries that have ratified or acceded to the Convention on the Elimination of All Forms of Discrimination against ... Centre for International Sustainable Development Law.

Disconnecting Humanitarian Law from EU Subsidiary Protection: A Hypothesis of Defragmentation of International Law

NARCIS (Netherlands)

Nicolosi, S.

2016-01-01

The development of the Common European Asylum System (CEAS) has often revealed the tight interrelation between refugee law, humanitarian law and international criminal law. It has been argued that the latter bodies of law have, in fact, played a major role in the development of most key concept of

Book Review: Jus Cogens – International Law and Social Contract

Directory of Open Access Journals (Sweden)

Irawati Handayani

2016-12-01

Full Text Available This book is based on the doctoral thesis completed by the author as an International Scholar of the Cambridge Overseas Trust at the University of Cambridge. The main idea of the books lies on the fact that jus cogens still become one of the most complex doctrines in contemporary international law. The legal foundation of jus cogens is still questionable, whether it lies on natural law, positive law or even to higher or divine origin. However, there is general agreement that jus cogens represent the fundamental value in international society or so-called higher norm in international law.

International Law, Cultural Diversity, and The Environment: the Case of the General Forestry Law in Colombia

OpenAIRE

Bonilla-Maldonado, Daniel Eduardo; Universidad de los Andes

2015-01-01

International law has been repeatedly challenged for its exclusionary character and its imperial uses. These critiques describe many of its structures and dynamics in a precise manner. However, international law may be a useful instrument for protecting the legitimate interests of the States of the Global South in general, and of the distinct social and cultural groups that form them, in particular. Yet, in order to understand international law's potential for emancipation or social resistanc...

Reviewing the National Courts in Creating Orderly International Law and Community

Directory of Open Access Journals (Sweden)

Johanis Leatemia

2017-08-01

Full Text Available Orderly international community and international law are determined by a national court. Essentially, the national court must be competent to maintain the balance between the national interest which based on the national sovereignty as well as the provisions of international law within the framework of peaceful coexistence. This article reviews the role of national courts in creating and developing the customary international law. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. This purpose could be achieved if national courts were able to maintain a balance between the national interest based on the sovereignty of State on the one hand and the provisions of international law on the other. The function of the national court was to maintain a balance between international law and national law.

Encyclopedia of Public International Law, 6 / Henn-Jüri Uibopuu

Index Scriptorium Estoniae

Uibopuu, Henn-Jüri, 1929-2012

1984-01-01

Tutvustus: Encyclopedia of Public International Law, published under the Auspices of the Max-Planck-Institute for Comparative Public Law and International Law under the Direction of Rudolf Bernhardt. (6. regional Cooperation, Organization Problems). Amsterdam, New York, Oxford: North-Holland Publishing Company, 1983

TORT CHOICE OF LAW AND INTERNATIONAL FUNDAMENTAL ...

African Journals Online (AJOL)

OLAWUYI

The question then was which Province's law should govern. ... rigid rule on the international level could give rise to injustice, in certain ..... practice the lex loci, six practice a hybrid model, five practice the better law, three practice significant.

States' criminal jurisdiction under International Law: fostering a ...

African Journals Online (AJOL)

Over the past few years, the extent to which international law allows States to exercise their jurisdiction in criminal matters has been a subject of diplomatic tensions between States. The purpose of this paper is to shed some light, on the question as to what extent a State, powerful or weak, has a right under international law ...

Applicable international environmental impact assessment laws for ...

African Journals Online (AJOL)

Lawrence Hart

1971-05-28

May 28, 1971 ... appraise selected International Environmental laws and the Nigerian Environmental Impact Assessment methodology ... maze of pipelines, delivery lines, flow lines, canals and .... Toxic Materials and international waterways.

International Telecommunication Control: International Law and the Ordering of Satellite and Other Forms of International Broadcasting.

Science.gov (United States)

Smith, Delbert D.

The need for and the available alternatives for international telecommunication controls are examined, and a functional approach to this area of law is offered. Information from a number of areas is collected and examined as it relates to the basic problem. These areas include general principles of international law, the activities of the…

The Development of International Law Through the Unauthorised Conduct of International Institutions

Directory of Open Access Journals (Sweden)

Johan D van der Vyver

2015-12-01

Full Text Available The law, including international law, is subject to continuous change. It can be adapted to changing circumstances through formal amendments of or additions to existing norms and practices. It can also be changed through the conduct of international institutions that is not within their legally defined competencies, provided - it will be argued - that the unauthorised conduct (a is not expressly forbidden by existing rules of international law, and (b is accepted or condoned by a cross-section of the international community of states. The creation by the Security Council of the United Nations of ad hoc international criminal tribunals, for example, cannot even with a stretch of the imagination be justified on the basis of the powers of the Council stipulated in the UN Charter. However, their creation was applauded by the nations of the world as a feasible and practical way of responding to the atrocities of the early 1990's in the former Yugoslavia and Rwanda. The creation of international criminal tribunals by the Security Council has thus come to be accepted as a new rule of international law. The same reasoning is applied to the newly acquired competence of NATO forces to intervene militarily on humanitarian grounds as exemplified by the NATO bombing campaign of 1999 in Serbia, while not one of the NATO countries was being attacked or under threat of an attack, and the competence of States to attack terrorist groups in a foreign country if the government of that country is either unwilling or unable to prevent the ongoing acts of terror violence.

Christian Joerges and Ernst-Ulrich Petersmann (eds., Constitutionalism: Multilevel Trade Governance and International Economic Law (Hart Publishing: Studies in International Trade Law, 2011

Directory of Open Access Journals (Sweden)

Rachael L. Johnstone

2012-03-01

Full Text Available Constitutionalism, Multilevel Trade Governance and International Economic Law is a second issue of a 2006 text of the same name. It brings together an impressive collection of international scholarship exploring international economic law in light of constitutional theory with many well-established experts in the field alongside some relatively junior and highly promising scholars.

The reprocessing plant as a problem of international law

International Nuclear Information System (INIS)

Guendling, L.

1987-01-01

The planned construction of the reprocessing plant creates problems with regard to transfrontier environmental protection, due to the potential hazards involved, and these problems institute obligations of the Federal Republic of Germany under contractual law and under customary international law. Particularly under customary international neighbour law the F.R.G. is obliged to prevent and abstain from transfrontier activities entailing environmental effects with considerable damaging potential in the neighbouring states, which also includes the duty of providing for protection against accidents. It is, however, a clear fact that the states decided the peaceful uses of atomic energy to be admissible, and accept the risk of possible catastrophic damage. The interpretation of existing international laws has to take this fact into account. (orig./HSCH) [de

27 CFR 479.191 - Applicability of other provisions of internal revenue laws.

Science.gov (United States)

2010-04-01

... GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER FIREARMS Other Laws Applicable § 479.191 Applicability of other provisions of internal revenue laws. All of the provisions of the internal revenue laws not... provisions of internal revenue laws. 479.191 Section 479.191 Alcohol, Tobacco Products, and Firearms BUREAU...

FATF as international law institute

Directory of Open Access Journals (Sweden)

І. Б. Кудас

2013-10-01

Full Text Available The article is devoted to the history of creation, analysis of the legal bases of activity, forms of decision-making, control over their implementation, measures of impact on the national banking system «of the Task force on financial measures in the sphere of money laundering». In article also addressed the question of the modern status of international bodies in the system of subjects of international law.

Unification of Patrimonial Laws Governing International Trade

DEFF Research Database (Denmark)

Lando, Ole

2016-01-01

Should the laws of the world dealing with cross-border transactions be unified? Such unification presupposes an agreement on what we understand by ‘law’ and what its sources are. The drafters of uniform laws and lawyers who are preoccupied with comparative law often ask themselves: Is there, among...... the nations, a common core of legal values? If there is, this will facilitate legal unification. It will also make the international law-making easier if, in exceptional cases, a court is permitted to disregard a legal rule....

International document on food irradiation

International Nuclear Information System (INIS)

1990-06-01

This international document highlights the major issues related to the acceptance of irradiated food by consumers, governmental and intergovernmental activities, the control of the process, and trade. The conference recognized that: Food irradiation has the potential to reduce the incidence of foodborne diseases. It can reduce post-harvest food losses and make available a larger quantity and a wider variety of foodstuffs for consumers. Regulatory control by competent authorities is a necessary prerequisite for introduction of the process. International trade in irradiated foods would be facilitated by harmonization of national procedures based on internationally recognized standards for the control of food irradiation. Acceptance of irradiated food by the consumer is a vital factor in the successful commercialization of the irradiation process, and information dissemination can contribute to this acceptance

International status of food irradiation

International Nuclear Information System (INIS)

Diehl, J.F.

1983-01-01

Radiation processing of foods has been studied for over 30 years. To a considerable extent this research was carried out in the framework of various international projects. After optimistic beginnings in the 1950s and long delays, caused by uncertainty about the health safety of foods so treated, food irradiation has now reached the stage of practical application in several countries. In order to prepare the way for world-wide accceptance of the new process, the Codex Alimentarius Commission has accepted an 'International General Standard for Irradiated Foods' and an 'International Code of Practice for the Operation of Irradiation Facilities Used for the Treatment of Foods'. Psychological barriers to a process associated with the word 'radiation' are still formidable; it appears, however, that acceptance by authorities, food industry and consumers continues to grow

2002 summit course at the international nuclear law school

International Nuclear Information System (INIS)

Dietze, W.

2003-01-01

Report by a participant in the International Nuclear Law School. In 2001, this advanced training course was first offered by the OECD-NEA together with the University of Montpellier and other international partners. This effort is intended to provide an overview of nuclear law, a discipline normally playing a subordinate role in curricula. In this way, a contribution is to be made to the important preservation of the existing knowledge base and to increasing know-how in this field. In 2003, the International Nuclear Law School will be continued with a new curriculum addressed to all interested participants. (orig.) [de

Does international nuclear trade law have a specificity

International Nuclear Information System (INIS)

David, J.L.

1988-01-01

This study on the specificity of international nuclear trade law covers public international and private international aspects. As regards the first, international organisations and agreements (bilateral and multilateral) are reviewed. In the context of the second, the international organisations with a scientific, legal or commercial vocation are briefly listed. Commercial contracts are then studied in greater detail from the viewpoint of contractual nuclear liability and that outside the contracts. In addition, special aspects are examined, relating to the flexibility of supply contracts, swap agreements in the nuclear field, and other more particular clauses such as the ''Consensus'' framework for export credits. The authors' conclusion is that while there is no specificity properly speaking in international nuclear trade law, it nevertheless has original features (NEA) [fr

Living apart together: the relationship between public and private international law

NARCIS (Netherlands)

de Boer, T.M.

2010-01-01

There have been times when public and private international law were closely related. As a means to solve conflicts of sovereign jurisdiction, conflicts law used to be considered as an integral part of the law of nations. Even after Savigny shifted the focus of private international law from the

Encyclopedia of Public International Law, 3 / Henn-Jüri Uibopuu

Index Scriptorium Estoniae

Uibopuu, Henn-Jüri, 1929-2012

1983-01-01

Tutvustus.: Encyclopedia of Public International Law, published under the Auspices of the Max-Planck-Institute for Comparative Public Law and International Law under the Direction of Rudolf Bernhardt. 3 (A_M) and 4 (N-Z): Use of Force. War and Neutrality. Peace treaties. Amsterdam, New York, Oxford: North-Holland Publishing Company, 1982

INTERNATIONAL LABOUR LAW PRINCIPLES AS GUIDELINES TO FOSTEREMPLOYMENT RELATIONS

Directory of Open Access Journals (Sweden)

Aniko Noemi TURI

2017-06-01

Full Text Available Contemporary human resource management practices often ignore very important values of international labour law; however there is a wide floor for improvements in this area. In this sense the main guidelines are arising from the legal acts of the International organizations. The social responsibility, professional ethics and management are categories which have the intense relation with the legal system. Some historically developed degree of social responsibility and professional ethics may be considered as an important resource of values which are the starting point for building the legal system and also international regulations. The international labour law principles are significant elements in employment relations. The paper represents how the principles of the international labour law can positively influence managerial strategies through the social dialogue. Social dialogue provides a communication platform between social partners and by that it is actually creating a socio-economic and social development. Furthermore social dialogue is a key instrument in planning social development, harmonizing different interests, prevent and resolve disputes between the management and labour. International law shows many ways how to strengthen the principle of ethics in the employment relations. The values, arising from the existing international legal documents may be the significant guideline for the development of “good practices of managers”.

Licences issued under environmental law in international private and procedural law

International Nuclear Information System (INIS)

Kohler, C.

1991-01-01

The paper examines the following points in connection with claims for compensation and to protection against abridgement of legal rights involving foreign persons or legal entities: - The limits set by international law to national judicial authority, - the international competence of courts, i.e. under which conditions national courts can have jurisdiction in cases involving foreign persons or legal entities, - the applicable law, and finally the question of - under which conditions judgements of the judiciary state must be observed abroad and foreign judgements must be observed in the judiciary state, i.e. acknowledged and executed. In the case of impairments of the environment the particular problem arises of the effect of licences issued under public law. The paper discusses the former practice, the qualification, the ways of observing the legal rules governing licences and their effects, and the question as to the unconditional enforcement of national licences against foreign affected parties. (HSCH) [de

Food, drugs, and droods: a historical consideration of definitions and categories in American food and drug law.

Science.gov (United States)

Grossman, Lewis A

2008-07-01

This Article explores the evolution and interaction of the legal and cultural categories "food" and "drug" from the late nineteenth century to the present. The federal statutory definitions of "food" and "drug" have always been ambiguous and plastic, providing the FDA with significant regulatory flexibility. Nevertheless, the agency is not necessarily free to interpret the definitions however it chooses. "Food" and "drug" are not only product classes defined by food and drug law, but also fundamental cultural concepts. This Article demonstrates that the FDA, as well as Congress and the courts, have operated within a constraining cultural matrix that has limited their freedom to impose their preferred understandings of these categories on American society. Nonetheless, history also provides ample evidence that lawmakers possess substantial power to mold the legal categories of "food" and "drug" so as to advance desired policies. One explanation for this regulatory flexibility in the face of deep-seated cultural conceptions is the indeterminate nature of the extralegal notions of "food" and "drug." The terms, as commonly understood, embrace nebulous, overlapping, and constantly evolving realms. Moreover, the relationship between culture and law is not a one-way street with respect to these categories. Although the regulatory apparatus has always had to take into account the extralegal understandings of "food" and "drug," the law in turn has exerted significant influence over their meaning in broader culture.

Constitutional Socio-Economic Rights and International Law: "You ...

African Journals Online (AJOL)

Adenauer Foundation and Faculty of Law (NWU, Potchefstroom Campus) 3rd Human Rights Indaba on The Role of International Law in Understanding and Applying the Socio-economic Rights in South Africa's Bill of Rights.

The case of Kosovo and international law

Czech Academy of Sciences Publication Activity Database

Šturma, Pavel

2010-01-01

Roč. 29, č. 2009 (2010), s. 51-65 ISSN 0554-498X Institutional research plan: CEZ:AV0Z70680506 Keywords : public international law * independence of the Kosovo * International Court of Justice Subject RIV: AG - Legal Sciences

Internal and international commercial arbitration as a private form of law enforcement

Directory of Open Access Journals (Sweden)

Sergey Kurochkin

2017-01-01

Full Text Available УДК 347.918The subject. The issues of the arbitration’s place in the civil justice system as well as its place in a whole system of social governance in the scope of Russian arbitration reform.The purpose of the article is to provide a comprehensive analysis of internal and international commercial arbitration as a peculiar form of private law enforcement, as well as to present a doctrinal description of the arbitration’s role in law enforcement system and its managerial impact mechanism.Methodology. Research of general functions of law enforcement in social governance. Essential features of arbitration and basic foundations of civil litigation also have been compared.The results and the scope of its application. The results are both doctrinal and practical. Domestic and international commercial arbitration can be considered as a peculiar form of managerial impact, as a subsystem of civil justice subordinated to general patterns of the social governance. Arbitration is a special, private on its origin, form of managerial impact, whereas arbitration tribunal is an independent nongovernmental element of the social governance system. Despite the fact of its private origin arbitration is in full measure a law enforcement activity. Theoretical comparison of arbitration’s substance with civil litigation became a convincing proof of the existence of public elements in a private segment of civil justice system.Conclusions. Application of law by arbitration tribunals, both domestic and international, has the imperious character. Arbitration is a legal activity, private on its origin and to a great extent public by its essence. It embraces the expansion of general legal directions on individual social relationships by means of making arbitral awards which are law enforcement acts of individual character.

Reflections on the development of international nuclear law

International Nuclear Information System (INIS)

Lamm, Vanda

2017-01-01

Over the course of more than seven decades, treaty norms on the production and utilisation of nuclear energy have been developed, which together form a special section within international law. These norms are the consequence of the unique nature of the field, namely that on the one hand some aspects of the uses of nuclear energy should be covered by totally new and special norms (e.g. in the field of disarmament, seeking to eliminate or at least to control the spread of nuclear weapons, and nuclear weapons tests) and on the other hand that several traditional legal solutions were not suitable for the problems that emerged in connection with other uses of nuclear energy (like liability). In this article, three aspects of the development of that special section of international law will be explored, namely: the close connections between the regulation of peaceful and military uses of nuclear energy; the effects of nuclear catastrophes on the development of international nuclear legislation; and the interaction between soft law norms and binding norms in the area of nuclear law

An Interdisciplinary Approach to Teaching International Law: Using the Tools of the Law School Classroom in Political Science

Science.gov (United States)

Zartner, Dana

2009-01-01

As the world has grown more interconnected, many political science programs have added courses on international law, international organizations, the laws of war and peace, international human rights, and comparative judicial politics. While in many cases these are relatively new offerings within international studies, all of these subjects have…

Principles of the institutional law of international organizations

CERN Document Server

Amerasinghe-Chittharanjan, Felix

1996-01-01

Dr Amerasinghe starts with a brief history of international organizations. In fourteen substantive chapters, he then deals with subjects such as interpretation, membership and representation, the doctrine of "ultra vires", responsibility, liability of members to third parties, internal law and employment relations, privileges and immunities, dispute settlement, and, finally, dissolution and succession. There is a full and detailed examination of the problems connected with each of these subjects. The primary object of the book is to discuss principles, but Dr Amerasinghe also studies the law and practice of different organizations, using a rigourous analysis of the material alongside his functional examination of the law.

76 FR 72023 - Notice of Meeting of the Advisory Committee on International Law

Science.gov (United States)

2011-11-21

... International Law A meeting of the Advisory Committee on International Law will take place on Thursday, December 8, 2011, from 9:30 a.m. to approximately 5:30 p.m., at the George Washington University Law School...; federalism and international law; and the possibility of a new Restatement of Foreign Relations Law. Members...

Applicable law in investor-state arbitration: the interplay between national and international law

NARCIS (Netherlands)

Kjos, H.E.

2013-01-01

This book examines the law, national and/or international, that arbitral tribunals apply on the merits to settle disputes between foreign investors and host states. In light of the freedom that the disputing parties and the arbitrators have when designating the applicable law, and because of the

The Prohibition of Medicinal Claims: Food in Fact But Medicinal Product in Law?

NARCIS (Netherlands)

Bremmers, H.J.; Meulen, van der B.M.J.; Waarts, Y.R.

2015-01-01

Under EU medicinal law, any substance or combination of substances presented as having properties for treating or preventing disease in human beings is a medicinal product by virtue of its presentation. Under EU food law it is prohibited to attribute to any food the property of preventing, treating

Outstanding Questions In First Amendment Law Related To Food Labeling Disclosure Requirements For Health.

Science.gov (United States)

Pomeranz, Jennifer L

2015-11-01

The federal and state governments are increasingly focusing on food labeling as a method to support good health. Many such laws are opposed by the food industry and may be challenged in court, raising the question of what is legally feasible. This article analyzes outstanding questions in First Amendment law related to commercial disclosure requirements and conducts legal analysis and policy evaluation for three current policies. These include the Food and Drug Administration's draft regulation requiring an added sugar disclosure on the Nutrition Facts panel, California's proposed sugar-sweetened beverage safety warning label bill, and Vermont's law requiring labels of genetically engineered food to disclose this information. I recommend several methods for policy makers to enact food labeling laws within First Amendment parameters, including imposing factual commercial disclosure requirements, disclosing the government entity issuing a warning, collecting evidence, and identifying legitimate governmental interests. Project HOPE—The People-to-People Health Foundation, Inc.

The Interplay Between International Law And Labour Law In South Africa: Piercing The Diplomatic Immunity Veil

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Ezette Gericke

2014-12-01

Full Text Available This article investigates the interplay between labour law and international law in the context of the diplomatic employment relationship. The overriding effect of the Constitution of the Republic of South Africa, 1996 as supreme law to protect the labour rights of employees is weighed against the effect of various binding international legal instruments aimed at protecting diplomats' right to immunity. In view of the competing rights of employees and diplomatic employers, the question in this regard is to what extent employees in a diplomatic employment relationship can rely on their right to "fair labour practices" in the broad sense and the overall protection afforded to employees whose rights are infringed. In view of the perception that diplomatic employers can hide behind a veil of diplomatic immunity and in the absence of judgments by the Commission for Conciliation, Mediation and Arbitration (CCMA and the Labour Court, answers and guidelines were sought from various international courts and legal instruments. However, it is pointed out that the application of labour law and international law to protect the interests of individuals against a state is an exceptionally sensitive and controversial issue. It is suggested that the international relationship between two states be used as a holistic framework, but it is cautioned that international law limits the diplomat employer's liability both in terms of the Bill of Rights and South African labour laws. The author shows that protection is afforded to diplomats/consular agents by international law. Moreover, the Diplomatic Immunities and Privileges Act (DIPA of 2001 is discussed. It is submitted that employees are not prevented from taking legal action against a diplomat/consular employer in South Africa in terms of the Labour Relations Act (LRA or the DIPA. The author suggests that diplomatic employees and employers should be made aware of their rights and obligations in this regard. In

Reinforcing the (neo-)Hobbesian representations of international law

NARCIS (Netherlands)

d' Aspremont, J.

2010-01-01

The question of the foundations of the international legal order has long fuelled controversies. The mainstream international legal scholarship, dominated by liberal and constitutionalist discourses, has advocated an understanding of international law that rests on global values. This article

The importance of domestic law to international arms control

International Nuclear Information System (INIS)

Lehman, R.F. II.

1993-11-01

Studies of arms control and disarmament tend to focus on political, military, and diplomatic processes. Recently, in the context of the conversion of defense activities to civilian use, the economic aspects of arms control have also received renewed interest. The legal dimension, however, is in need of fresh examination. Both international and domestic law are sailing increasingly in uncharted waters. Recent arms control agreements and related developments in international peacekeeping have expanded the scope of international law and altered how one perceives certain fundamentals, including the principle of national sovereignty. Still, the nation state is largely unchallenged as the primary actor in international affairs. National governments retain near absolute sovereign rights and responsibilities even in an age of trans-national economic integration and codified international norms for human rights, freedom of the press, and the peaceful resolution of disputes. Indeed, the role of domestic law in arms control and disarmament may be more significant now than ever before. A brief review of relationships between arms control and domestic law should illustrate ways in which ones thinking has been underestimating the importance of domestic law. Hopefully, this survey will set the stage properly for the excellent, more detailed case studies by Elinor Hammarskjold and Alan Crawford. Toward that end, this paper will highlight a number of more general, and sometimes provocative, themes. These themes should be kept in mind when those two complementary presentations are considered

The importance of domestic law to international arms control

Energy Technology Data Exchange (ETDEWEB)

Lehman, R.F. II

1993-11-01

Studies of arms control and disarmament tend to focus on political, military, and diplomatic processes. Recently, in the context of the conversion of defense activities to civilian use, the economic aspects of arms control have also received renewed interest. The legal dimension, however, is in need of fresh examination. Both international and domestic law are sailing increasingly in uncharted waters. Recent arms control agreements and related developments in international peacekeeping have expanded the scope of international law and altered how one perceives certain fundamentals, including the principle of national sovereignty. Still, the nation state is largely unchallenged as the primary actor in international affairs. National governments retain near absolute sovereign rights and responsibilities even in an age of trans-national economic integration and codified international norms for human rights, freedom of the press, and the peaceful resolution of disputes. Indeed, the role of domestic law in arms control and disarmament may be more significant now than ever before. A brief review of relationships between arms control and domestic law should illustrate ways in which ones thinking has been underestimating the importance of domestic law. Hopefully, this survey will set the stage properly for the excellent, more detailed case studies by Elinor Hammarskjold and Alan Crawford. Toward that end, this paper will highlight a number of more general, and sometimes provocative, themes. These themes should be kept in mind when those two complementary presentations are considered.

Nnamdi Azikiwe University Journal of International Law and ...

African Journals Online (AJOL)

Principal Contact. Dr. Ikenga K.E. Oraegbunam Editor-in-chief. Nnamdi Azikiwe University. Department of International Law and Jurisprudence, Faculty of Law, Nnamdi Azikiwe University, P.M.B. 5025, Awka, Anambra State, Nigeria. Alternate E-Mail: ikengaken@gmail.com. Phone: +2348034711211

Rules on the conflict of laws in the matter of succession in Romanian private international law

Directory of Open Access Journals (Sweden)

Daniel BERLINGHER

2014-12-01

Full Text Available Until the entry into force of the new Civil Code (1 October 2011, the law applicable to inheritance made the distinction between the inheritance of movable property (to which the national law of the deceased applied and the inheritance of immovable property (to which lex rei sitae applied. At present, the Civil Code establishes, as a rule of principle, that inheritance is subject to the law of the state on whose territory the deceased had habitual residence at the time of death. Thus, in the new legal regulation, the Romanian legislator considered, on the one hand, the Hague Conventions in this matter, and on the other hand, European Union law. In this article I analyzed the law applicable to inheritance in Romanian private international law, namely the law applicable to wills. Likewise, I conducted a comparative study with the legislation of other states in this matter. As regards the domain of application of the law on inheritance in Romanian private international law, I presented the aspects governed by art. 2636 of the Civil Code.

Prospects of international trade in irradiated foods

International Nuclear Information System (INIS)

Loaharanu, P.

1990-01-01

Irradiation is gaining recognition as a physical process for reducing food losses, enhancing hygienic quality of food and facilitating food trade. At present, 36 countries have approved the use of irradiation for processing collectively over 40 food items either on an unconditional or restricted basis. Commercial use of irradiated foods and food ingredients is being carried out in 22 countries. Technology transfer on food irradiation is being intensified to local industry in different regions. Worldwide, a total of 40 commercial/demonstration irradiators available for treating foods have been or are being constructed. Acceptance and control of international trade in irradiated foods were discussed at the International Conference on the Acceptance, Control of and Trade in Irradiated Food, jointly convened by FAO, IAEA, WHO and ITC-UNCTAD/GATT in Geneva, Switzerland, 12-16 December 1988. An ''International Document on Food Irradiation'' was adopted by consensus at this Conference which will facilitate wider acceptance and control of international trade in irradiated foods. (author)

78 FR 70392 - Notice of Meeting of Advisory Committee on International Law

Science.gov (United States)

2013-11-25

... Law A meeting of the Department of State's Advisory Committee on International Law will take place on... Law School (Frederick Lawrence Student Conference Center), 2000 H Street NW., Washington, DC. Acting... Director, Advisory Committee on International Law, United States Department of State. [FR Doc. 2013-28232...

The Relationship Between Domestic Law and International Law : The Impacts on the Legal Daily Brazilian under the Perspective of Constitutionality Block Expansion

Directory of Open Access Journals (Sweden)

Luciane Klein Vieira

2016-06-01

Full Text Available The relationship between domestic law and international law, carried out by court decisions, is a recurring theme of both international human rights law and constitutional law. This article aims to portray the interactions between domestic law and international law, with emphasis on Brazil, taking into account the internal rules and judicial practice. Therefore, we will use the dogmatic method, which involves analyzing the rules on the subject in the international and domestic front, with empirical perspective, with a view to analysis of cases in which the issue was raised, in particular the possible existence constitu- tionality block and its growth because human rights treaties ratified by Brazil.

The 'war on terror"and international law

NARCIS (Netherlands)

Duffy, Helen

2013-01-01

The thesis analyses international law and practice in relation to terrorism and counter-terrorism in the post 9/11 environment. It finds terrorism to be a term of acute and wide-ranging political significance yet one which is not defined under generally accepted treaty or customary international

Symbolism as a Constraint on International Criminal Law

DEFF Research Database (Denmark)

Aksenova, Marina

2016-01-01

International criminal law is being pulled in different directions by various conflicting considerations – deterrence, retribution, justice for victims, reconciliation, and setting the historical record. This trend is detrimental for the survival of the system as it erodes the coherence and under......International criminal law is being pulled in different directions by various conflicting considerations – deterrence, retribution, justice for victims, reconciliation, and setting the historical record. This trend is detrimental for the survival of the system as it erodes the coherence...

75 FR 32532 - Notice of Meeting of the Advisory Committee on International Law

Science.gov (United States)

2010-06-08

... International Law A meeting of the Advisory Committee on International Law will take place on Monday, June 21, 2010, from 9:30 a.m. to approximately 5:30 p.m., at the George Washington University Law School... Criminal Court review conference and ad hoc international criminal tribunals; the law of war regarding...

INDONESIA’S DEATH PENALTY EXECUTION FROM THE REALIST VIEW OF INTERNATIONAL LAW

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Alia Azmi

2015-06-01

Full Text Available During the first half of 2015, Indonesia executed fourteen prisoners who had been convicted of smuggling drugs to and from Indonesia. Twelve of them were foreigners. This execution led to withdrawal of the ambassador of Brazil, Netherlands, and Australia, whose citizens are among those executed. Criticism came from around the world, and small number of Indonesians. Most critics cited human rights abuse; and death penalty is against international law. However, the lack of further explanation can make the statement misunderstood. The distinctive nature of international law is one factor that makes death penalty issue is still debatable. Another factor is the inconsistent world’s reaction on human rights issues, showing realistic behavior in international relations. Therefore it is important to understand the nature of international law from the realist perspective of international relations in explaining death penalty in Indonesia. The purpose of this paper is to elaborate Indonesia’s death penalty from the realist perspective of international law. Keywords: realism, international law, international relations, death penalty

Monopolizing Global Justice: International Criminal Law as Challenge to Human Diversity

OpenAIRE

Nouwen, Sarah Maria; Werner, Wouter G

2014-01-01

Over the past two decades, international criminal law has been increasingly institutionalized and has become one of the dominant frames for defining issues of justice and conflict resolution. Indeed, international criminal law is often presented as the road towards global justice. But the rise of international criminal law and its equation with global justice come with a profound risk: alternative conceptions of justice can be marginalized. Based on field work in Uganda and Sudan, we present ...

Support for international trade law: The US and the EU compared.

Science.gov (United States)

Eckhardt, Jappe; Elsig, Manfred

2015-10-01

In this article we compare US and EU support for bilateral and multilateral international trade law. We assess the support for international law of both trading blocs by focusing on the following four dimensions: leadership, consent, compliance and internalization. Although we find strong support for international trade law from both the US and the EU in general, we also witness some variation, most notably in relation to the design of preferential trade agreements (PTAs) and compliance with World Trade Organization (WTO) law. Turning to explaining these (moderate) differences, we argue that outcomes in US trade policy can best be explained by a domestic political factor, namely the direct influence of interest groups. Although the involvement of societal interests also goes a long way in explaining EU behavior, it does not tell the entire story. We posit that, in EU trade policy, institutions are a particular conditioning factor that needs to be stressed. Moreover, we suggest that foreign policy considerations in managing trade relations have characterized EU's support for international trade law.

Rules of international law applicable to transfrontier pollution. Draft

International Nuclear Information System (INIS)

Anon.

1983-01-01

During the 1982 conference of the International Law Association (ILA) in Montreal the ILA discussed and adopted a draft of rules of international law applicable to transfrontier pollution. The draft presents criteria for the definition of transfrontier pollution and sets out rules for the prevention of such pollution and recommendations for a system of multilateral information, consultation, and co-operation in case of energy. (HP) [de

Contractual Obligations under the Private International Law in Albania.

Directory of Open Access Journals (Sweden)

Ervis Çela

2014-07-01

This work as based on the ex-positio sinkronik system aims at giving a minimum contribution in the application of the international private law and clarifies the omission, collision and legal problematic aspects in practice. At the end of this work, there are our conclusions which serve as a deduction over the analysis and studies done to this part of the private international law.

The nullum crimen sine iure principle in contemporary International Law

Directory of Open Access Journals (Sweden)

Hector Olásolo Alonso

2014-03-01

Full Text Available This paper deals with the evolution and current content of the nullum crimen sine iure principle in international law. It analyses the development of the nullum crimen principle from its definition as a principle of justice at the end of Second World War, to its current definition as an individual right imposing a limitation upon States’ sovereignty. The article also explains that, nowadays, the nullum cri- men principle requires for the relevant conduct to be a crime at the time of its com- mission, according to any of the sources of criminal law in the relevant national or international legal system. No written law is necessarily required. As a result, accessibility and foreseability are the main elements of the nullum crimen principle in current international law.

10. anniversary International School of Nuclear Law

International Nuclear Information System (INIS)

2010-01-01

In August 2010, the International School of Nuclear Law (ISNL) will hold its 10. anniversary session. It has already been a decade since the Nuclear Energy Agency, in co-operation with the University of Montpellier 1 in France, decided to establish a 'summer university' programme to teach international nuclear law. The major impetus for doing so largely resulted from the fact that university law faculties at that time did not offer specialized courses in nuclear law, a situation that has not changed significantly over the years despite the recent and growing interest of the international community in nuclear energy production. The founders of the ISNL, Mr. Patrick Reyners formerly of the Nuclear Energy Agency and Professor Pierre Bringuier from the University of Montpellier 1, embarked on this experiment as an attempt to fill this educational gap, at least at the international level, and they each obtained significant support for the project from their respective institutions. Nuclear law is one of the most highly technical and thus often difficult areas in the legal discipline. Yet, the highly regulated nature of nuclear activities, both at national and international levels, demands that legal practitioners develop both expertise in drafting and interpreting the large number and wide variety of associated legal instruments. At the start of the 21. century, comprehensive national and international legal frameworks covering virtually all aspects of nuclear activities existed in all developed countries without an equivalent educational programme to teach future generations. Although the success of the school in its early days was difficult to predict, we can now proudly state that the ISNL has been, and continues to be, a great achievement with a reputation for excellence that spans six continents. The ISNL team is a professional collaboration, not only between the NEA and the University of Montpellier 1, but between the organizers, lecturers and participants of each

The international school of nuclear law

International Nuclear Information System (INIS)

Kus, S.

2007-01-01

The International School of Nuclear Law (ISNL) was established in 2000 by the OECD Nuclear Energy Agency and the University of Montpellier 1. It benefits from the support of the International Nuclear Law Association (INLA) and the International Atomic Energy Agency (IAEA). The school offers a high-quality educational programme acknowledged for its intensive courses, professional lecturers, as well as its academic and practical balance. In the past seven years, the ISNL has been attended by approximately 400 participants from 78 countries around the world. The NEA awards scholarships to enable certain meritorious students from its member countries to benefit from the course. The IAEA also awards a number of fellowships to participants from its member countries. This helps ensure broad representation from different countries and bestows the ISNL with the different views, experience and legal backgrounds of its participants. The applicants are mostly but not necessarily lawyers. Such diversity is welcomed as the interdisciplinary composition of classes contributes to the dialogue and mutual learning between lawyers and scientists or economists for example. (author)

The concept of humanitarian intervention in the context of contemporary international law

OpenAIRE

Grigaitė, Gabija

2012-01-01

Humanitarian intervention is a contraversial concept of international law doctrine because of its compatibility with the principles of state’s sovereignty and non - use of force in the contemporary international law. The Dissertation is intended for a systematic analysis of the concept of humanitarian intervention and its legality problem in order to provide coherent concept of humanitarian intervention in contemporary international law. This is one of the first efforts in the international l...

Immigrant Rights in Iran and Canada and International Law

Directory of Open Access Journals (Sweden)

Forouzan Lotfi

2017-09-01

Full Text Available After World War II, migration, particularly in the post-Cold War became a global challenge. Today, there are 191 million migrants around the world that constitutes 3 percent of the world's total population. And it is a fact that has various social, economic, humanitarian, political and especially juridical dimensions and effects at the international level as an international issue. National Immigration Law is a part of the legal system governing the strangers in the host state whose provisions are determined by the domestic legal system of the recent state. Although the standards of international law are intended to govern migration, but in this case, however, the regulation of the source government is ineffective. Unless there are specific treaty arrangements while global recruits in the field of migration are specifically impossible and regional multilateral treaties can only be cited. This article tries to review and analyze the immigrant rights in Iran as a source country and Canada as a host country with their own different rights regarding the immigrants by a descriptive - analytical approach. Because of tangible vacuum in the literature of international law and the need to explore other sources of international law, according to the first paragraph of Article 38 of the Statute of the International Court of Justice, on the one hand and the necessity of this article in Iran as a transit country for migration and particularly to Canada on the other hand, conducting this research is of great importance.

The faltering legitimacy of international tax law

NARCIS (Netherlands)

Peters, C.A.T.

2013-01-01

International taxation has taken a central role in the ongoing political and economic crisis. There is a growing consensus in society that there is a need to change the current rules and norms of international taxation, since the changes in society are not properly reflected in the body of law

The Fusion of International and Domestic Law in a Globalised World

Directory of Open Access Journals (Sweden)

Karolina Aksamitowska

2017-08-01

Full Text Available Keywords: death penalty; capital cases; discrimination litigation; standard of proof; fair trial and equality protection; postconflict justice and transition; Islamic law; Shari’a; international humanitarian law; international human rights law; extremism, political violence, Islamism; freedom of expression; terrorism, extremism, counter-terrorism, counter-extremism; Article 19 International Covenant on Civil and Political Rights; Abuse of rights; Directive 2004/38; Court of Justice of the European Union; Marshall Islands Cases; ICJ; Electronic waste; sustainable development; WTO, GATT, TBT Agreement

International biomedical law in search for its normative status.

Science.gov (United States)

Krajewska, Atina

2012-01-01

The broad and multifaceted problem of global health law and global health governance has been attracting increasing attention in the last few decades. The global community has failed to establish international legal regime that deals comprehensively with the 'technological revolution'. The latter has posed complex questions to regions of the world with widely differing cultural perspectives. At the same time, an increasing number of governmental and non-state actors have become significantly involved in the sector. They use legal, political, and other forms of decision-making that result in regulatory instruments of contrasting normative status. Law created in this heterogeneous environment has been said to be fragmented, inconsistent, and exacerbating uncertainties. Therefore, claims have been made that a centralised and institutionalised system would help address the problems of transparency, legitimacy and efficiency. Nevertheless, little scholarly consideration is paid to the normative status of international biomedical law. This paper explores whether formalisation and "constitutionalisation" of biomedical law are indeed inevitable for its establishment as a separate regulatory regime. It does so by analysing the proliferation of biomedical law in light of two the theory of fragmentation and the theory of global legal pluralism. Investigating the problem in this way helps determine the theoretical framework and methodology of future studies of biomedical law at the international level. This in turn should help its future development in a more consistent and harmonised manner.

What is behind the dualist and monist debate in international law?

Directory of Open Access Journals (Sweden)

Ganić Senad F.

2017-01-01

Full Text Available Discussion on the relationship between internal and international law takes a very long time and is still ongoing. Over time, this discussion is shaped into two theoretical understanding and explanation of this relations, which manifested in the legal science through the dualist and monist debate. Despite the fact, that the basics of these two theories are known to us, it seems that the additional dealing with the arguments that have been offered in this debate are very important. Especially because we believe, that one of these two theories, and this is the one that represents the dualistic approach, does not have its foundation only in law. On the contrary, it seems that the arguments of dualist theory, offers only attempts to seemingly under the guise of legal arguments, justify the concept of understanding of international law, which actually means its negation. Especially, if the basics of dualism are placed in relation with the contemporary international law and the modern conception of state sovereignty. Therefore, we believe that further review of this issue can be useful. Because the extending the effects of the norms of international law, which is the process that follows the development of this branch of law, this debate becomes actualiyed over and over again.

Necessity as a ground for precluding wrongfulness in international investment law

Directory of Open Access Journals (Sweden)

Vasiljević Mirko

2016-01-01

Full Text Available The issue of necessity as a ground for precluding wrongfulness has received close attention over the last two decades both in case law and in scholarly writings. Arbitrations conducted against Argentina for breaches of bilateral investment treaty obligations committed while fighting against economic crisis revived the old controversies related to the concept of necessity in general public international law, but also brought up some new dilemmas. This paper analyses the use of necessity in international investment law in light of what the authors suggest to be the legal purpose of this concept, points to and discusses the divergences in case law with respect to some of the elements of the defence based on necessity and offers the solutions susceptible to lead to a more harmonious understanding of necessity in international investment law.

Globalization And Its Influence On The Development Of International Law

Directory of Open Access Journals (Sweden)

Olga M. Mesheriakova

2014-09-01

Full Text Available In the present article author researches questions of globalization impact on the international law. Author notes that today it is possible to talk about the new phase of globalization that is associated with the development of bilateral regional agreements, as well as changes in the configuration of the trade and political landscape. In the article author also reveals the essence of processes that determine development of international law in the century of globalization. Along with the formation of a new branch of law - integration law, which is a kind of legal mechanism to govern global public relations, development of modern public law is determined by the changing of nature of production and international specialization, as well as multinational corporations. In the conclusion author points out possibility of the own monetary system creation in the integration community, even in the format of multi-speed integration, what allows EU member states together confront to dollar and yuan, what contributes to the achievement of their national interests in the economic sphere, therefore, legal mechanism established the European Union takes into account both regional and economic aspects that are associated with the process of globalization. With new trends in the development of modern international law it is necessary to develop advanced models of legal regulation for processes caused by globalization.

BOOK REVIEW - International Law and Child Soldiers by Gus Waschefort

Directory of Open Access Journals (Sweden)

Robbie Robinson

2015-11-01

Full Text Available Long gone are the days that the law pertaining to children essentially dealt with the position of children within the parent-child relationship. On the contrary it has become a highly specialised legal discipline in which international and regional conventions progressively establish norms and standards to be adhered to. This book by Waschefort, the 53rd volume in the series Studies in International Law, bears ample testimony to this. It reviews all of the international instruments containing proscriptive norms to prohibit the use and recruitment of child soldiers. It commences with an analysis of the current state of child soldiering internationally, after which relevant international instruments are comprehensively discussed with a clear focus on the question of whether or not the prohibitive norms are optimally enforced – are they capable of better enforcement? The author adopts an “issues-based approach” in terms of which no specific regime of law, for instance International Humanitarian Law, is considered dominant. He assesses universal and regional human rights law together with International Human Rights Law and International Criminal Law to establish a mutually reinforcing web of protection for children. He also critically assesses the international judicial, quasi-judicial and non-judicial entities most relevant to child soldier prevention. He argues that the effective implementation of child soldier prohibitive norms does not require fundamental changes to any entity or functionary engaged in such prevention. In fact, what is required according to the author is the constant reassessment and refinement of all such entities and functionaries. The conclusions which are reached are ultimately tested against the background of a comprehensive case study on the use and recruitment of child soldiers in the Democratic Republic of the Congo. International Law and Child Soldiers is to be welcomed as a timely contribution to the evaluation

In Defense of International Investment Law

NARCIS (Netherlands)

Schill, S.W.; Bungenberg, M.; Herrmann, C.; Krajewski, M.; Terhechte, J.P.

2016-01-01

The present article responds to the critical perspective Kate Miles offers on international investment law in her article “Investor-State Dispute Settlement: Conflict, Convergence, and Future Directions”, published in this Yearbook. While sharing several concerns Miles identifies, and supporting

A pluralist approach to the Law of International Sales | Coetzee ...

African Journals Online (AJOL)

During the twentieth century the problem of diverse laws was primarily addressed by global uniform law such as the United Nations Convention on Contracts for the International Sale of Goods (CISG). However, uniform law is rarely complete and has to be supplemented by national law, trade usage or party agreement.

Fighting by the principles: principles as a source of international humanitarian law

NARCIS (Netherlands)

van den Boogaard, J.C.; Matthee, M.; Toebes, B.; Brus, M.

2013-01-01

The rules of international humanitarian law of armed conflict are codified in a rather extensive body of treaty law. In addition, extensive research has been conducted into the rules of customary international humanitarian law. The author of this contribution will argue that there is another

International standards and agreements in food irradiation

International Nuclear Information System (INIS)

Cetinkaya, N.

2004-01-01

The economies of both developed and developing countries have been effected by their exported food and agricultural products. Trading policies of food and agricultural products are governed by international agreement as well as national regulations. Trade in food and agricultural commodities may be affected by both principal Agreements within the overall World Trade Organization (WTO) Agreement, though neither specifically refers to irradiation or irradiated foods. The principal Agreements are the Technical Barriers to Trade (TBT) Agreement and the Sanitary and Phyto sanitary (SPS) Agreement. The SPS of the WTO requires governments to harmonize their sanitary and phyto sanitary measures on as wide basis as possible. Related standards, guidelines and recommendations of international standard setting bodies such as the Codex Alimentarius Commission (food safety); the International Plant Protection Convention (IPPC) (plant health and quarantine); and International Office of Epizootic (animal health and zoo noses) should be used in such a harmonization. International Standards for Phyto sanitary Measures (ISPM) no.18 was published under the IPPC by FAO (April 2003, Rome-Italy). ISPM standard provides technical guidance on the specific procedure for the application of ionizing radiation as a phyto sanitary treatment for regulated pests or articles. Moreover, Codex Alimentarius Commission, Codex General Standard for Irradiated Foods (Stand 106-1983) and Recommended International Code of Practice were first published in 1983 and revised in March 2003. Scope of this standard applies to foods processed by ionizing radiation that is used in conjunction with applicable hygienic codes, food standards and transportation codes. It does not apply to foods exposed to doses imparted by measuring instruments used for inspection purposes. Codex documents on Principles and Guidelines for the Import/Export Inspection and Certification of Foods have been prepared to guide international

Intercontinental nuclear transport from the private international law perspective

International Nuclear Information System (INIS)

Magnus, U.

2000-01-01

The aim of this paper is to give a survey on choice of law rules which apply outside the nuclear liability conventions in case of damage caused by international nuclear transports. We found a remarkable variety of solutions. Some of the solutions make it difficult or even impossible to predict in advance which substantive law in a hypothetical case would apply. These difficulties are increased by the fact that more often than not, a victim can choose where to sue and thereby also influence the final outcome of a case. As far as private international law rules apply - and as mentioned the non-ratification of the nuclear liability conventions by many nuclear states forces us to fall back on the choice of law rules in many cases - the applicable law and the hypothetical level of compensation therefore often remain uncertain when judged at the time of organisation of the nuclear transport. However, at this time the question of undertaking risks and of insurability must be decided. (author)

TRANSBOUNDARY DAMAGE IN THE LIGHT OF INTERNATIONAL ENVIRONMENTAL LAW

Directory of Open Access Journals (Sweden)

Oana Maria HANCIU

2014-05-01

Full Text Available Some activities that are useful for economic and social development of a State even if are not prohibited by national or international law can cause transboundary damages to other countries. This kind of transboundary damages have given rise to theories of State responsibility and a worldwide demand for increased environmental protection. "Under the principles of international law...no State has the right to use or permit the use of its territory in such a manner as to cause [environmental] injury ... in or to the territory of another or the properties of persons therein, when the case is of serious consequence and the injury is established by clear and convincing evidence." (Stockholm Principle 21 The paper analyses the impact of transboundary damage in the light of international environmental law and the increasing concern among States for environmental protection.

Internal Affairs Sector: Towards a new Law on Police

Directory of Open Access Journals (Sweden)

Radivojević Nenad P.

2015-01-01

Full Text Available By establishing the Inspector General's Service within the Department of Public Safety in 2001, Serbia became one of the countries that have institutionalized internal control of the police. By the adoption of the Law on Police in 2005, the name of the Service was renamed in the Internal Affairs Sector. Ten years of work of the Internal Affairs Sector revealed the existence of certain problems because of a inadequate and not complete legal framework. That was, among other, the reason for initiating the adoption of the new Law on Police. This paper presents solutions of the Draft Law on Police, in part related to the work of the Sector. The Draft contains some new solutions that could improve the efficiency of the Sector, but some doubts and uncertainties still remain, that will also be explained in this paper.

International food aid – directions of changes

Directory of Open Access Journals (Sweden)

Agnieszka Sapa

2012-04-01

Full Text Available Permanently unsolved world food insecurity problem makes the international community search for solutions. One of the used methods is international food aid directed to developing countries. Long term analyses of the food aid flows allow to identify some tendencies that show: increase of emergency food aid and decrease of direct transfer. These tendencies also apply to the two biggest food donors i.e. the USA and the EU. The noticeable directions of changes are based on the international community initiatives, on which the national regulation are formed later.

Facing Facts in International Criminal Law: A Casuistic Model of Judicial Reasoning

NARCIS (Netherlands)

Cupido, M.

2016-01-01

International criminal courts (ICCs) have made a decisive contribution to the clarification of international criminal law. By interpreting generally formulated rules, the courts have elucidated the meaning of international crimes and modes of liability. However, in applying the law to individual

Tort choice of law and international fundamental norms: A case ...

African Journals Online (AJOL)

The two jurisdictions are also known for their constant reference to international law in the resolution of domestic disputes. Moreover, Canada embodies both the common law and the civil law traditions. The aim here is twofold. The first is to evaluate the suitability of their choice of law rules for addressing cases alleging ...

Constitutional law and international law at the turn of the century ...

African Journals Online (AJOL)

In contrast to the Constitution of the United States of America, the principle of the ... The presence in a Bill of Rights of restrictive clauses, is important for its analysis. ... International law has also been instrumental in the worldwide recognition of ...

77 FR 71028 - Notice of Meeting of Advisory Committee on International Law

Science.gov (United States)

2012-11-28

... Law A meeting of the Advisory Committee on International Law will take place on Friday December 14, from 9:30 a.m. to approximately 5:30 p.m., at the George Washington University Law School (Frederick... current international legal topics, including corporate social responsibility, principles of self-defense...

Prevention Obligations in International Environmental Law

NARCIS (Netherlands)

Plakokefalos, I.

2013-01-01

The paper seeks to examine the content and nature of prevention obligations in international environmental law. Despite their frequent reference to these obligations in practice and in the literature their exact content remains ill-defined. Similarly, the exact nature of these obligations has not

Toward international law on global warming

International Nuclear Information System (INIS)

Shultz, E.B. Jr.; Johns, C.; Pauken, M.T.

1991-01-01

Legal precedent in the history of international environmental law is considered. Then, the legal principles, rights and obligations related to transboundary environmental interference are drawn from the precedent. From this legal and historical background, and a brief overview of the principal technical aspects of the emerging global warming problem, the authors suggest a number of possible international protocols. These include outlines of multilateral treaties on energy efficiency, reduction in utilization of coal, increased adoption efficiency, reduction in utilization of coal, increased adoption of renewable and solar energy, and stimulation of several types of forestation, with creation of practical regimes and remedies. Each protocol has its own environmental social and economic merits and urgency, apart from the prevention of global warming. In each suggested protocol, the political obstacles are analyzed. Suggestions are presented for reduction of levels of disagreement standing in the way of obtaining viable treaties likely to be upheld in practice by the signatories. An agenda for study and action is presented, on the assumption that prudence dictates that international environmental law must be expanded as soon as feasible to regulate global warming

International environmental law and world order

International Nuclear Information System (INIS)

Guruswamy, L.D.; Palmer, G.W.R. Sir; Weston, B.H.

1995-01-01

A litany of dismal happenings - global warming, ozone layer depletion, desertification, destruction of biodiversity, acid rain, and nuclear and water accidents - are but some of the subjects covered by this book, a problem-solving casebook authored by three educators. This new book makes the obvious but important point, that environmental issues are not limited by national boundaries. The book is divided into three parts. The first three chapters of part I discuss the basic principals of traditional international law without any reference to environmental issues. Part II, comprised of seven chapters, deals with hypothetical problems that affect various aspects of the environment vis-a-vis the norms, institutions, and procedures through which the international legal system operates. The book concludes with two chapters dealing with future environmental concerns. The book focuses on issue-spotting, problem-solving, and synthesis over the assimilation and comprehension of raw, disembodied knowledge. The book helps to manage our common future on this planet, for which we will need a new global regime based essentially on the extension into international life of the rule of law, together with reliable mechanisms for accountability and enforcement that provide the basis for the effective functioning of national societies

The Arbitration Law of the Dubai International Finance Centre

OpenAIRE

Luttrell, S.R

2008-01-01

The latest and most ambitious Free Financial Zone in the United Emirates is theDubai International Finance Centre (DIFC). The DIFC was set up in 2004. It has its own courts andjudicial system. It also has its own arbitration law. The DIFC arbitration law is in a process ofreview. A Model Law instrument is expected late in 2008. It is intended to explain some of theprovisions of the current DIFC arbitration law and to assist those using it.

Abu Ghraib: Prisoner Abuse in the Light of Islamic and International Laws

Directory of Open Access Journals (Sweden)

Syed Serajul Islam

2007-06-01

Full Text Available Abstract: This study analyses the prisoner abuse at Abu Ghraib in the light of Islamic and International laws. Using documentary sources, the paper argues that Islamic law is far superior than the International law as enshrined in the Geneva Conventions and the United Nations Charter on the treatment of prisoners of war. It found the abuse of the prisoners at Abu Ghraib a routine operation carried out in obedience to orders issued by the higher authorities. The photographs portraying images of dehumanization in Abu Ghraib is unacceptable either in Islamic or international law.

Maritime drug interdiction in international law

NARCIS (Netherlands)

Kruit, P.J.J. van der

2007-01-01

The study focuses on the interdiction of trafficking in illicit drugs at sea as one part of the general problem of illicit drug trafficking. More specifically, the study focuses on the legal framework for the interdiction of illicit maritime drug trafficking under international law. Firstly, the

Monopolizing Global Justice: International Criminal Law as Challenge to Human Diversity

NARCIS (Netherlands)

Werner, W.G.; Nouwen, S.

2014-01-01

Over the past two decades, international criminal law has been increasingly institutionalized and has become one of the dominant frames for defining issues of justice and conflict resolution. Indeed, international criminal law is often presented as the road towards global justice. But the rise of

International standards and agreements in food irradiation

International Nuclear Information System (INIS)

Cetinkaya, N.

2004-01-01

Full text: The economies of both developed and developing countries have been effected by their exported food and agricultural products. Trading policies of food and agricultural products are governed by international agreement as well as national regulations. Trade in food and agricultural commodities may be affected by both principal Agreements within the overall World Trade Organization (WTO) Agreement, though neither specifically refers to irradiation or irradiated foods. The principal Agreements are the Technical Barriers to Trade (TBT) Agreement and the Sanitary and Phyto sanitary (SPS) Agreement. The SPS of the WTO requires governments to harmonize their sanitary and phyto sanitary measures on as wide basis as possible. Related standards, guidelines and recommendations of international standard setting bodies such as the Codex Alimentarius Commission (food safety); the International Plant Protection Convention (IPPC) (plant health and quarantine); and International Office of Epizootic (animal health and zoo noses) should be used in such a harmonization. International Standards for Phyto sanitary Measures (ISPM) no.18 was published under the IPPC by FAO (April 2003, Rome-Italy). ISPM standard provides technical guidance on the specific procedure for the application of ionizing radiation as a phyto sanitary treatment for regulated pests or articles. Moreover, Codex Alimentarius Commission, Codex General Standard for Irradiated Foods (Stand 106-1983) and Recommended International Code of Practice were first published in 1983 and revised in March 2003. Scope of this standard applies to foods processed by ionizing radiation that is used in conjunction with applicable hygienic codes, food standards and transportation codes. It does not apply to foods exposed to doses imparted by measuring instruments used for inspection purposes. Codex documents on Principles and Guidelines for the Import/Export Inspection and Certification of Foods have been prepared to guide

76 FR 30229 - Notice of Meeting of the Advisory Committee on International Law

Science.gov (United States)

2011-05-24

... International Law A meeting of the Advisory Committee on International Law will take place on Monday, June 6, 2011, from 9:30 a.m. to approximately 5:30 p.m., at the George Washington University Law School... accountability mechanisms; the Arctic region and the Law of the Sea Convention; and national security in the...

The Role Of Soft Law Acts In The Mechanism Of Functioning Of International Organizations

Directory of Open Access Journals (Sweden)

Olga N. Shpakovych

2014-12-01

Full Text Available Present article focuses on the norms of soft law in the framework of international organizations. Today majority of scientists become an interesting phenomenon decision of international organizations which are increasingly sound as a category of "soft law" and its influence on the development of international law in general. International organizations cease to be the "second" subject of international law, and if you have not won the first place, it is only a matter of time. In the article the role of soft law in the mechanism of international organizations functioning are shown, the legal nature and impact of these acts on the member states. In our opinion, norms of "soft law", as a rule, contained in resolutions of international organizations are non-binding and do not formally bind member states. Norms of "soft law" are often adheres by the states and moreover are implemented into the national legal systems by incorporating similar in content standards into the national legislation. This is due to the fact that norms of "soft law" has a weight of moral and political significance and, as a rule, are created by organizations that have a considerable authority. Jurists generally distinguish two kinds of acts of recommendatory force: model acts (laws and recommended acts which are not model, adopted in the framework of international organizations. In this connection the question of each mentioned method influence on the legislation of state. In our opinion, one of distinguishing features of the model recommendatory acts has is quite limited influence on the law of states and a narrow scope. At the same time, recommendatory acts of some specialized international organizations have a more complex effect on the development of national legislation, contain the highest level of standards, and as well develop international treaty provisions.

The Work of the International Law Commission in 2015, Business as usual?

Czech Academy of Sciences Publication Activity Database

Šturma, Pavel

-, č. 6 (2015), s. 375-385 ISSN 1805-0565. E-ISSN 1805-0999 Institutional support: RVO:68378122 Keywords : International Law Commision of the UK * public international law * report 2015 Subject RIV: AG - Legal Sciences

Perceptions and attitudes with regard to public international law: empirical evidence from law students in the city of São Paulo

Directory of Open Access Journals (Sweden)

Marcel Kamiyama

2017-11-01

Full Text Available This article empirically examines, by means of a survey conducted at four universities in São Paulo, two issues related to the teaching of international law in Brazil: (1 what law students think of the discipline as a material branch of the law (its effectiveness, legitimacy etc. and (2 what they think of the discipline as a component of the law school curriculum. The first part draws upon the semiological concept of “myth” in order to paint a picture of students’ views about the place of international law in the world, as well as upon quantitative data to assess their understandings about compliance with international norms. The second part, which also relies on quantitative and qualitative data, describes students’ ideas about how international law should be taught (if at all. The responses paint a picture of mild student scepticism and dissatisfaction with teaching methods that invite a number of questions for reflection, which are raised in the final part. 

Relevance of the law of international organisations in resolving ...

African Journals Online (AJOL)

structures to resolve disputes between states. Uncertainty remains, however, on the availability of effective structures within the system to resolve disputes between international organisations. It is important to note that international organisations were, prior to 1945, not considered subjects of international law so as to be ...

Constitutionalization of international investment law: Indirect expropriation cases, fair and equitable treatment

Directory of Open Access Journals (Sweden)

César Higa

2013-12-01

Full Text Available The purpose of this paper is to explore the impact of international investment law rules in the Economic Constitutional Law, especially those included in investment chapters of Peruvian’s Free Trade Treaties. In particular, it is expected to demonstrate the following (i International Investment Law is part of Peruvian Legal System; (ii provisions of these laws are mandatory and should be applied domestically; and (iii interpretation and implementation of this legal right should be executed consistently with domestic legal system and Peruvian international obligations. This agreed Interpretation between Investment Law and Economic Constitution will have a positive effect in rationalization of public entities actions avoiding abuses and maltreatment to investors, in order to improve investment climate as a key element forachieving country’s sustainable development.

Page THE PROBLEM WITH INTERNATIONAL HUMANITARIAN LAW

African Journals Online (AJOL)

Fr. Ikenga

Persons who international humanitarian law applies have .... problems in applying the principle of distinction and seeks to find a standard for distinguishing what may appear ..... The advantage of employing drones in armed operatin is that no.

Seeking Deliberation on the Unborn in International Law

Directory of Open Access Journals (Sweden)

SA de Freitas

2011-08-01

Full Text Available International human rights instruments and jurisprudence radiate an understanding of international law as also serving to protect fundamental rights and the interests of the individual. The idea that human rights provide a credible framework for constructing common norms among nations and across cultures is both powerful and attractive. If the protection of being human serves as the common denominator in human rights discussion, and if human rights are deeply inclusive, despite being culturally and historically diverse, then a failure to deliberate on the legal status and protection of the unborn may be seen as a failure to extend respect where it is due. Such deliberation is required, irrespective of the fact that jurisprudential debate on the unborn and on abortion is complex and controversial. The protection of human life, well-being, and dignity are essential aims of the United Nations Charter and the international system created to implement it. Although there have been collective efforts resulting in substantial development in international human rights law, the international community has not approached the legal status and protection of the unborn as a matter of urgency – this, while much has been accomplished regarding women, children, animals and cloning. This article therefore argues for the development of a deliberative framework so as to further the recognition (not necessarily in an absolute sense of the unborn in international law, bearing in mind that opposition to abortion does not of itself constitute an attack on a woman's right to respect for privacy in her life. The article also sets out what such deliberation on the legal status and protection of the unborn entails, against the background of a procedurally-rational approach.

The Expansion of Swiss Criminal Jurisdiction in Light of International Law

Directory of Open Access Journals (Sweden)

Anna Petrig

2013-09-01

Full Text Available Over the last few decades, a global trend of extending the reach of domestic penal power can be observed, namely driven by the changing face of crime as it becomes increasingly transnational in nature. It is demonstrated in this article that the Swiss legislature has clearly followed this global trend of broadening the extraterritorial reach of domestic criminal law, most notably since the 1980s. It has acted with particular resolve in the last decade, adding jurisdictional bases to the Swiss Criminal Code by virtue of which Swiss criminal law can be applied to many instances of conduct taking place abroad. Certain offences – specified crimes against minors and female genital mutilation – have even been subjected to an absolute and unrestricted universality principle. The Swiss legislature is not indifferent to the problems that such an expansive approach to jurisdiction may create, notably in terms of conflicts of jurisdiction. Yet, the rules it adopted to temper the effects of applying Swiss criminal law to extraterritorial conduct only partially remedy the situation. This development in Swiss law begs the question whether such an expansive approach towards jurisdiction is permissible – or even encouraged or requested by international law. Hence, this article explores to what extent international law informs the reach of domestic penal power and concludes that international law is Janus-faced with regard to the question of the geographical scope of domestic criminal law. While some of its rules push for long-arm jurisdiction, others put limits on the domestic legislature’s endeavour to expand the reach of its domestic criminal law. In light of this, the idea of adopting, on an international level, general principles governing the definition of the scope of domestic prescriptive and adjudicative jurisdiction for transnational cases is tempting, albeit difficult to realize.

Canadian International Food Security Research Fund (CIFSRF ...

International Development Research Centre (IDRC) Digital Library (Canada)

Canadian International Food Security Research Fund (CIFSRF). The Canadian International Food Security Research Fund (CIFS-RF) is a collaborative program of the Canadian International Development Agency (CIDA) and IDRC valued at CA $61 654 707 (CIDA: CA $50 000 000; IDRC: CA $11 654 707). The program ...

Dispute settlement in international space law : a multi-door courthouse for outer space

NARCIS (Netherlands)

Goh, Gérardine Meishan

2007-01-01

The rights, rules and regulations of international space law are futile without an effective enforcement mechanism that provides a sufficient and adequate remedy. International space law is particularly significant in the evolution of international dispute settlement because it involves a

International Developments of Food Irradiation

Energy Technology Data Exchange (ETDEWEB)

Loaharanu, P. [Head, Food Preservation Section, Joint FAO/IAEA Division of Nuclear Techniques in Food and Agriculture, Wagramerstr. 5, A-1400, Vienna (Austria)

1997-12-31

Food irradiation is increasingly accepted and applied in many countries in the past decade. Through its use, food losses and food-borne diseases can be reduced significantly, and wider trade in many food items can be facilitated. The past five decades have witnessed a positive evolution on food irradiation according to the following: 1940`s: discovery of principles of food irradiation; 1950`s: initiation of research in advanced countries; 1960`s: research and development were intensified in some advanced and developing countries; 1970`s: proof of wholesomeness of irradiated foods; 1980`s: establishment of national regulations; 1990`s: commercialization and international trade. (Author)

International Developments of Food Irradiation

Energy Technology Data Exchange (ETDEWEB)

Loaharanu, P [Head, Food Preservation Section, Joint FAO/IAEA Division of Nuclear Techniques in Food and Agriculture, Wagramerstr. 5, A-1400, Vienna (Austria)

1998-12-31

Food irradiation is increasingly accepted and applied in many countries in the past decade. Through its use, food losses and food-borne diseases can be reduced significantly, and wider trade in many food items can be facilitated. The past five decades have witnessed a positive evolution on food irradiation according to the following: 1940`s: discovery of principles of food irradiation; 1950`s: initiation of research in advanced countries; 1960`s: research and development were intensified in some advanced and developing countries; 1970`s: proof of wholesomeness of irradiated foods; 1980`s: establishment of national regulations; 1990`s: commercialization and international trade. (Author)

International Developments of Food Irradiation

International Nuclear Information System (INIS)

Loaharanu, P.

1997-01-01

Food irradiation is increasingly accepted and applied in many countries in the past decade. Through its use, food losses and food-borne diseases can be reduced significantly, and wider trade in many food items can be facilitated. The past five decades have witnessed a positive evolution on food irradiation according to the following: 1940's: discovery of principles of food irradiation; 1950's: initiation of research in advanced countries; 1960's: research and development were intensified in some advanced and developing countries; 1970's: proof of wholesomeness of irradiated foods; 1980's: establishment of national regulations; 1990's: commercialization and international trade. (Author)

Taking of hostages as an offense in international law and Serbian regulations

Directory of Open Access Journals (Sweden)

Cmiljanić Bajo M.

2012-01-01

Full Text Available In the development of international relations, hostage-taking was carried out as an insurance against fraud, not keeping obligations, or according to the rules of war law. Earlier taking hostages was more related to armed conflicts, and in modern times it is more related to terrorist acts in international terrorism. The taking of hostages is an international offense, which has its essential elements and characteristics. It is a crime punishable under the national legislation of many countries, and taking of hostages in armed conflicts is a war crime for which the International Criminal Court is responsible. International terrorism is manifested through a variety of terrorist acts, which, through fear and panic aim to achieve a political purpose. The range of these terrorist acts is wide and varied. One of these terrorist activities is the taking of hostages. As an offense established by the norms of international law, this unlawful act must be specifically investigated and clarified, which is the goal of this paper. This paper gives an overview of the features and elements of the offense in the light of international law and the laws of the Republic of Serbia.

Protecting the environment for future generations. Principles and actors in international environmental law

Energy Technology Data Exchange (ETDEWEB)

Proelss, Alexander (ed.) [Trier Univ. (Germany). Inst. of Environmental and Technology Law

2017-08-01

This book compiles the written versions of presentations held at the occasion of an international symposium entitled ''Protecting the Environment for Future Generations - Principles and Actors in International Environmental Law''. The symposium was organized by the Institute of Environmental and Technology Law of Trier University (IUTR) on the basis of a cooperation scheme with the Environmental Law Institute of the Johannes Kepler University Linz, Austria, and took place in Trier on 29-30 October 2015. It brought together a distinguished group of experts from Europe and abroad to address current issues of international and European environmental law. The main objective of the symposium was to take stock of the actors and principles of international and European environmental law, and to analyze how and to what extent these principles have been implemented on the supranational and domestic legal levels.

Structural responses to the obesity and non-communicable diseases epidemic: the Chilean Law of Food Labeling and Advertising.

Science.gov (United States)

Corvalán, C; Reyes, M; Garmendia, M L; Uauy, R

2013-11-01

In 12 July 2012, the Chilean Senate approved the Law of Food Labeling and Advertising, resulting from the joint efforts of a group of health professionals, researchers and legislators who proposed a regulatory framework in support of healthy diets and active living. Its goal was to curb the ongoing epidemic increase of obesity and non-communicable diseases. Two actions included: (i) improving point of food purchase consumer information by incorporating easy-to-understand front-of-packages labeling and specific messages addressing critical nutrients, and (ii) decreasing children's exposure to unhealthy foods by restricting marketing, advertising and sales. We summarize the work related to the law's release and discuss the conclusions reached by the various expert committees that were convened by the Ministry of Health to guide the development of the regulatory norms. Throughout the process, the food industry has overtly expressed its disagreement with the regulatory effort. The final content of the regulatory norms is still pending; however there are suggestions that its implementation will be delayed and might be modified based on the industry lobbying actions. These lessons should contribute to show the need of anticipating and addressing potential barriers to obesity-prevention policy implementation, particularly with respect to the role of the private sector. © 2013 The Authors. Obesity Reviews published by John Wiley & Sons Ltd on behalf of the International Association for the Study of Obesity.

State-Level School Competitive Food and Beverage Laws Are Associated with Children's Weight Status

Science.gov (United States)

Hennessy, Erin; Oh, April; Agurs-Collins, Tanya; Chriqui, Jamie F.; Mâsse, Louise C.; Moser, Richard P.; Perna, Frank

2014-01-01

Background: This study attempted to determine whether state laws regulating low nutrient, high energy-dense foods and beverages sold outside of the reimbursable school meals program (referred to as "competitive foods") are associated with children's weight status. Methods: We use the Classification of Laws Associated with School…

The international law the sea disposal of radioactive waste

International Nuclear Information System (INIS)

Damasceno, E.

1988-01-01

The International Law, that throughout its treaties and conventions, seeks to regulate matters concerning mankind's interests, rarely attains its basic end, due to quick dynamics of the envolved facts, and the complexity of the questions dealt with. The conflict of interests so becomes of difficult solution. The sea disposal of radioactive wastes, ever sincre put into practice by those countries which make use in large scale of the nuclear energy, is the main subject of this paper, under the International Law focus. Such study gives emphasis to expository remarks, instead of theoretical doctrine, with the undeniable purpose to provoke the debate, under the light of the supremacy of Nature's interests. The London Dumping Convention (1972) and the U.N. Convention on the the Sea Law (1982) receive in this work an objective analysis in view of the theme's unavoidable length. (author) [pt

New food safety law: effectiveness on the ground.

Science.gov (United States)

Drew, Christa A; Clydesdale, Fergus M

2015-01-01

The demand for safety in the US food supply from production to consumption necessitates a scientific, risk-based strategy for the management of microbiological, chemical, and physical hazards in food. The key to successful management is an increase in systematic collaboration and communication and in enforceable procedures with all domestic and international stakeholders. The enactment of the Food Safety Modernization Act (FSMA) aims to prevent or reduce large-scale food-borne illness outbreaks through stricter facility registration and records standards, mandatory prevention-based controls, increased facility inspections in the United States and internationally, mandatory recall authority, import controls, and increased consumer communication. The bill provisions are expected to cost $1.4 billion over the next four years. Effective implementation of the FSMA's 50 rules, reports, studies, and guidance documents in addition to an increased inspection burden requires further funding appropriations. Additional full-time inspectors and unprecedented foreign compliance is necessary for the full and effective implementation of the FSMA.

On Banks, Courts and International Law

DEFF Research Database (Denmark)

Fabbrini, Federico

In December 2013 the ECOFIN Council has given its green light to the adoption of the second pillar of the so-called Banking Union: a Single Resolution Mechanism to wind down failing banks in the Euro-zone, and thus break the cycle between banks and sovereigns in the EU. Besides a regulation......, to be adopted in co-decision procedure with the Parliament, the Council has however endorsed a plan to adopt an international agreement on the functioning of the Single Resolution Fund (SRF). The paper critically analyses the choice to resort to international law to establish the SRF. As the paper maintains...

International Environmental Law and Naval War: The Effect of Marine Safety and Pollution Conventions During International Armed Conflict

Science.gov (United States)

2000-12-01

propulsion was done with military applications in mind: Könz, 57 AJIL (1963), 109; Szasz , 2 JMLC (1971), No. 3, 553. 313 International Environmental Law and...International Environmental Law and Naval War Report Documentation Page Form ApprovedOMB No. 0704-0188 Public reporting burden for the collection of...other provision of law , no person shall be subject to a penalty for failing to comply with a collection of information if it does not display a currently

CORPORATE SOCIAL RESPONSIBILITY IN INTERNATIONAL ECONOMIC LAW PERSPECTIVE

Directory of Open Access Journals (Sweden)

Nyoman Indra Juarsa

2015-12-01

Full Text Available Multinational Corporation/MNC has a significant role to play in promoting sustainable development and alleviating global poverty. As a subject of International Economic Law, MNC has the rights to take profit from its business activities. In addition, it also has responsibility to protect sustainable environment through CSR program. This paper focuses on what more specific instrument sets CSR in international economic law, and how CSR can be implemented by the MNC. International (public law has been providing instruments to regulate MNC activities related to CSR, those are: OECD Guidelines, ILO Declaration and UN Global Compact. However, they are only “soft laws” that still require more specific instrument to be implemented. As a continuation of the general rules of public international CSR Instruments, the World Bank Group through the IFC and MIGA sets standard performances that must be met by every corporation that will get finance (IFC or guarantee (MIGA. Standard Performances are described further in the environmental, health and safety guidelines that are essential for every company to provide protection to stakeholders related to business activities including workers, communities, and environment. As the method of evaluation and enforcement, IFC and MIGA have institution namely Compliance Advisor Ombudsman serving to receive reports from the public, investigate and provide notification to the company activities that negatively affect the society. Ultimately CSR is not only seen as philanthropy (mandatory but also as guidelines and a code of conduct to be followed by the corporation in carrying out any business.   Key words: mandatory norm, obligatory norm, CSR

International standards, Agreements and Policy of food Irradiation

International Nuclear Information System (INIS)

Roberts, P.B.

1997-01-01

There are few internationally recognised standards and agreements related to irradiated foods. Codex Alimentarius has its General standard for Irradiated foods. This sets standards for the production of irradiated foods that are safe and nutritionally adequate. Guidelines for the proper processing of foods by irradiation are covered in the Codex Recommended International Code of Practice for the Operation of Radiation Facilities Used for the Treatment of Food. For irradiation as a quarantine treatment for fruit, vegetables and other plants, the relevant international organization is the International Plant Protection Convention (IPPC), IPPC has no standards or guidelines for irradiation treatments. However, regional organizations within IPPC are moving towards recognition of irradiation as a technically viable and effective method of insect disinfestation. Especially notable are actions within the North American Plant Protection Organisation (NAPPO). NAPPO has endorsed a standard on the use of irradiation as a quarantine treatment. Other speakers have provided considerable detail on the Codex standard and on the situation with regard to quarantine issues. In this talk I will concentrate on irradiated foods as commodities that will be traded internationally in increasing amounts as we approach the next century. International trade is governed by bilateral arrangements. However, these arrangements should be consistent with the overarching multilateral agreements of the World trade Organization (WTO). The WTO Agreements do not refer directly to irradiation or irradiated foods. However, in this talk I will try to interpret the implications of the Agreements for trade in irradiated food. (Author)

International standards, Agreements and Policy of food Irradiation

Energy Technology Data Exchange (ETDEWEB)

Roberts, P.B. [Industrial and Biological Section. Institute of Geological and Nuclear Science. P.O. Box 31. Lower Hutt (New Zealand)

1997-12-31

There are few internationally recognised standards and agreements related to irradiated foods. Codex Alimentarius has its General standard for Irradiated foods. This sets standards for the production of irradiated foods that are safe and nutritionally adequate. Guidelines for the proper processing of foods by irradiation are covered in the Codex Recommended International Code of Practice for the Operation of Radiation Facilities Used for the Treatment of Food. For irradiation as a quarantine treatment for fruit, vegetables and other plants, the relevant international organization is the International Plant Protection Convention (IPPC), IPPC has no standards or guidelines for irradiation treatments. However, regional organizations within IPPC are moving towards recognition of irradiation as a technically viable and effective method of insect disinfestation. Especially notable are actions within the North American Plant Protection Organisation (NAPPO). NAPPO has endorsed a standard on the use of irradiation as a quarantine treatment. Other speakers have provided considerable detail on the Codex standard and on the situation with regard to quarantine issues. In this talk I will concentrate on irradiated foods as commodities that will be traded internationally in increasing amounts as we approach the next century. International trade is governed by bilateral arrangements. However, these arrangements should be consistent with the overarching multilateral agreements of the World trade Organization (WTO). The WTO Agreements do not refer directly to irradiation or irradiated foods. However, in this talk I will try to interpret the implications of the Agreements for trade in irradiated food. (Author)

International acceptance of irradiated food. Legal aspects

International Nuclear Information System (INIS)

1979-01-01

The three international organizations competent in the field of irradiation processing for the preservation of food (FAO, WHO, IAEA), convened, at the end of 1977, an Advisory Group to revise and update the recommendations of a similar group which met in early 1972. The Advisory Group considered how national regulations could be harmonized so as to facilitate the international movement of irradiated food. This publication contains the Report of the Advisory Group, which summarizes the considerations of the Group on regulatory control over the irradiation plant and irradiation of foods, and on assurances for comparability of control (international labelling and documentation). Annexes 1 to 6 are included in order to complete the relevant information on the legal aspects of this subject. They include a Draft General Standard for Irradiated Foods, a Draft Code of Practice for the Operation of Radiation Facilities Used for the Treatment of Foods, Recommendations of a Consultation Group on the Legal Aspects of Food Irradiation, a Listing of the Legislation on Food Irradiation Adopted in Member States (1971-1976), and Model Regulations for the Control of and Trade in Irradiated Food

Australian International Food Security Research Centre | IDRC ...

International Development Research Centre (IDRC) Digital Library (Canada)

Australian International Food Security Research Centre. Australian International Food Security Research Centre. http://aciar.gov.au/AIFSC. Cultivate Africa's Future. The Cultivate Africa's Future research partnership is designed to support applied research to combat hunger in sub-Saharan Africa by harnessing the potential ...

Law Enforcement of Consumer Protection for Safe Food Packaging in The Decisions of Criminal Justice

Science.gov (United States)

Wiryani, F.; Herwastoeti; Najih, M.; Haris, A.

2017-04-01

The right to a safe food is a human rights protected by the 1945 Constitution and legislation, including the Health Act, the Consumer Protection Act and Food Act. The law governing the rights and obligations of consumers; rights, obligations and responsibilities of businesses, as well as prohibitions and sanctions for businesses that violate. Food consumers aggrieved can file a non-litigation legal action and / or litigation. Non-litigation legal efforts made through negotiation or mediation or through Consumer Dispute Resolution Body (BPSK). The litigation efforts made by filing a lawsuit for damages to the court and / or reporting the case to the criminal law enforcement. This study specifically examines the enforcement of criminal law in the judgment as a safeguard against food consumers. Sanctions provisions setting a strategic role in an effort to make the protection of consumers of food. Patterns general formulation of the maximum penalty in the third Act is not appropriate because it too gives flexibility for the judge to make a decision as low to the Defendant. Facts on society, business agent has a dominant and strong position compared with consumers of food. These favorable conditions business agent position and vice versa less give legal protection to the Consumer Food. Preferably the pattern formulation penalty of criminal acts in the field of food using a specific minimum and maximum public.

Complicity in International Criminal Law

DEFF Research Database (Denmark)

Aksenova, Marina

2014-01-01

Complicity is a criminal law doctrine that attributes responsibility to those who do not physically perpetrate the crime. It is an essential mode of liability for core international crimes because it reaches out to senior political and military leadership. These persons do not usually engage...... in direct offending, yet in the context of mass atrocities they are often more culpable than foot soldiers. The Statutes of the ad hoc tribunals, hybrid courts and the International Criminal Court expressly provide for different forms of complicity, and domestic legal systems recognize it in one form...... or another. This is in contrast with alternative modes of liability implied from the Statutes to address the situations with multiple accused removed from the scene of the crime / (in)direct co-perpetration, extended perpetration and the joint criminal enterprise....

Food Irradiation. Proceedings of the International Symposium on Food Irradiation

Energy Technology Data Exchange (ETDEWEB)

NONE

1966-11-15

For some years research has been done in several countries, with the object of contributing to the world's food supplies, on the application of nuclear methods to food preservation and processing. The importance of food preservation is of particular relevance in certain regions of the world where up to thirty per cent of harvested foodstuffs are being lost because of damage by animal pests and microorganisms. A series of international meetings have been held on this subject; the first, held in 1958 at Harwell, was followed by further meetings in 1960 in Paris and in 1961 in Brussels. The International Symposium on Food Irradiation organized by the International Atomic Energy Agency and the Food and Agriculture Organization of the United Nations through their Joint Division of Atomic Energy in Agriculture, and held at the Karlsruhe Nuclear Research Centre, Karlsruhe, from 6 to 10 June 1966, at the generous invitation of the Government of the Federal Republic of Germany, is the most recent of this series of meetings. It was held for the purpose of exchanging the most up-to-date results of research, of contributing towards co-operative efforts between Member States, and of stimulating trade in the international exchange of irradiated products between nations. Papers describing research over the past fourteen years were given by outstanding authorities; the results point to a breakthrough having been achieved in the use of ionizing radiation in food preservation, notwithstanding some problems still to be solved, such as overcoming changes in colour, flavour, odour or texture. The Symposium was attended by over 200 scientists from 25 countries and four international organizations. Sixty-nine papers were presented. It was shown that a wide variety of foodstuffs exist for which radiation could be used for three different purposes: to produce indefinitely stable products, to rid food of organisms that constitute health hazards, and to extend the normal shelf or market life

Food Irradiation. Proceedings of the International Symposium on Food Irradiation

International Nuclear Information System (INIS)

1966-01-01

For some years research has been done in several countries, with the object of contributing to the world's food supplies, on the application of nuclear methods to food preservation and processing. The importance of food preservation is of particular relevance in certain regions of the world where up to thirty per cent of harvested foodstuffs are being lost because of damage by animal pests and microorganisms. A series of international meetings have been held on this subject; the first, held in 1958 at Harwell, was followed by further meetings in 1960 in Paris and in 1961 in Brussels. The International Symposium on Food Irradiation organized by the International Atomic Energy Agency and the Food and Agriculture Organization of the United Nations through their Joint Division of Atomic Energy in Agriculture, and held at the Karlsruhe Nuclear Research Centre, Karlsruhe, from 6 to 10 June 1966, at the generous invitation of the Government of the Federal Republic of Germany, is the most recent of this series of meetings. It was held for the purpose of exchanging the most up-to-date results of research, of contributing towards co-operative efforts between Member States, and of stimulating trade in the international exchange of irradiated products between nations. Papers describing research over the past fourteen years were given by outstanding authorities; the results point to a breakthrough having been achieved in the use of ionizing radiation in food preservation, notwithstanding some problems still to be solved, such as overcoming changes in colour, flavour, odour or texture. The Symposium was attended by over 200 scientists from 25 countries and four international organizations. Sixty-nine papers were presented. It was shown that a wide variety of foodstuffs exist for which radiation could be used for three different purposes: to produce indefinitely stable products, to rid food of organisms that constitute health hazards, and to extend the normal shelf or market life

Food labeling issues in patients with severe food allergies: solving a hamlet-like doubt.

Science.gov (United States)

Fierro, Vincenzo; Di Girolamo, Francesco; Marzano, Valeria; Dahdah, Lamia; Mennini, Maurizio

2017-06-01

We review the laws on labeling in the international community, the difficulties they pose to the food manufacturers to prepare the food labels and the methodologies to determine the concentration of potential allergens in foods. European Food Safety Authority and International Life Sciences Institute Europe are evaluating strategies to identify the threshold level of allergen that can trigger a reaction in individuals. The most used techniques to detect the presence of protein in food are Enzyme-linked immunosorbent assay, polymerase chain reaction and real time polymerase chain reaction. Researchers are now trying to apply proteomics to estimate the amount of protein within the food.In order to protect the health of consumers, the Codex Alimentarius Commission updates constantly the list of allergens. In response to these regulations, some industries have also added some precautionary allergen labeling (PAL). It was generally agreed that PAL statements needed to be visible, simple, and safe. It was suggested that PAL be standardized, an action that would occur if the 'Voluntary Incidental Trace Allergen Labelling' process was made mandatory. So far, no laboratory technique is able to reassure the consumers about the composition of foods found on the packaging. International authorities produced increasingly stringent laws, but more is still to do.

Halal Food : Thai Halal Food Products and International Market

OpenAIRE

Ali, Noaman; Wanwang, Alisa

2010-01-01

This paper aims to examine salient issues in the Halal food business with special focus on entering Thai Halal food products into international market. Market screening plays an important role in entering new market or setting up the business in the foreign country. In this paper we have analyzed the importance of Halal Food for the Muslims and explained the growth of Halal food in French markets. The study focuses attention on the identification of key areas in Halal food export and channel ...

Law Studies

Directory of Open Access Journals (Sweden)

G. P. Tolstopiatenko

2014-01-01

Full Text Available At the origin of the International Law Department were such eminent scientists, diplomats and teachers as V.N. Durdenevsky, S.B. Krylov and F.I. Kozhevnikov. International law studies in USSR and Russia during the second half of the XX century was largely shaped by the lawyers of MGIMO. They had a large influence on the education in the international law in the whole USSR, and since 1990s in Russia and other CIS countries. The prominence of the research of MGIMO international lawyers was due to the close connections with the international practice, involving international negotiations in the United Nations and other international fora, diplomatic conferences and international scientific conferences. This experience is represented in the MGIMO handbooks on international law, which are still in demand. The Faculty of International Law at MGIMO consists of seven departments: Department of International Law, Department of Private International and Comparative Law; Department of European Law; Department of Comparative Constitutional Law; Department of Administrative and Financial Law; Department of Criminal Law, Department Criminal Procedure and Criminalistics. Many Russian lawyers famous at home and abroad work at the Faculty, contributing to domestic and international law studies. In 1947 the Academy of Sciences of the USSR published "International Law" textbook which was the first textbook on the subject in USSR. S.B. Krylov and V.N. Durdenevsky were the authors and editors of the textbook. First generations of MGIMO students studied international law according to this textbook. All subsequent books on international law, published in the USSR, were based on the approach to the teaching of international law, developed in the textbook by S.B. Krylov and V.N. Durdenevsky. The first textbook of international law with the stamp of MGIMO, edited by F.I. Kozhevnikov, was published in 1964. This textbook later went through five editions in 1966, 1972

77 FR 52784 - U.S. Department of State Advisory Committee on Private International Law: Notice of Annual Meeting

Science.gov (United States)

2012-08-30

... Choice of Court Agreements; international contract law; developments in major PIL organizations... International Law: Notice of Annual Meeting The Department of State's Advisory Committee on Private International Law (ACPIL) will hold its annual meeting on developments in private international law on Thursday...

The same as it never was? Uncertainty and the changing contours of international law

NARCIS (Netherlands)

Kessler, Oliver

2011-01-01

International law has changed significantly since the end of the Cold War. As long as the international was thought to be populated by sovereign states predominantly, international law was conceived of as a means for peaceful dispute settlement. That is: the reference to state sovereignty not only

75 FR 504 - U.S. Department of State Advisory Committee on Private International Law: Organization of...

Science.gov (United States)

2010-01-05

... on consumer rights as part of its program on private international law. Three proposals have been put... DEPARTMENT OF STATE [Public Notice 6255] U.S. Department of State Advisory Committee on Private International Law: Organization of American States (OAS) Specialized Conference on Private International Law...

Nnamdi Azikiwe University Journal of International Law and ...

African Journals Online (AJOL)

Principles of International Economic Law, and the Right to Economic Development, Vis-À-Vis the Guiding Principles of Sustainable Development · EMAIL FREE FULL TEXT EMAIL FREE FULL TEXT DOWNLOAD FULL TEXT DOWNLOAD FULL TEXT. USF Nnabue ...

an appraisal of humanitarian intervention under international law

African Journals Online (AJOL)

Mofasony

Humanitarian intervention is a controversial concept in international law. It is not .... See Corten, O. and Klein, P. 'Droit d' ingerence ou obligation de reaction? ... but should be preceded by a formal public declaration of the political objectives.

76 FR 6171 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

Science.gov (United States)

2011-02-03

... International Law (ACPIL): Public Meeting on Family Law The Department of State, Office of Legal Adviser, Office of Private International Law would like to give notice of a public meeting to discuss preparations for the upcoming Special Commission of the Hague Conference on Private International Law on the 1980...

Secondary harm mitigation: A more humanitarian framework for international drug law enforcement.

Science.gov (United States)

Blaustein, Jarrett; McLay, Miki; McCulloch, Jude

2017-08-01

This article introduces the concept of 'secondary harm mitigation' as a framework for improving the humanitarian credentials of international drug law enforcement agencies. The concept is rooted in a critical analysis of the compatibility of the harm reduction philosophy with Australia's international drug law enforcement practices. On a utilitarian level, the net benefits of international drug law enforcement are determined to be, at best inconclusive, arguably counterproductive and in most cases, incalculable. On a humanitarian level, international drug law enforcement is also determined to be problematic from a criminological standpoint because it generates secondary harms and it is indifferent to the vulnerability of individuals who participate in illicit drug trafficking. Accordingly, the article concludes that a philosophy of harm reduction grounded in the public health perspective is inadequate for mitigating secondary harms arising from Australia's efforts to combat international illicit drug trafficking. A tentative list of secondary harm mitigation principles is presented and the article argues that secondary harm mitigation should replace supply reduction as a core tenet of Australia's National Drug Strategy. The article also concludes that secondary harm mitigation may provide a viable framework for stimulating a productive dialogue between those who advocate prohibition and those who call for decriminalisation at the global level. Copyright © 2017 Elsevier B.V. All rights reserved.

Law in Translation: Challenges and Opportunities in Teaching International Students in Business Law and Legal Environment Courses

Science.gov (United States)

Dove, Laura R.; Bryant, Natalie P.

2016-01-01

The purpose of this article is to outline the unique challenges faced by international students enrolled in business law or legal environment of business courses. It is also imperative to recognize the numerous opportunities that instructors can create in business law classrooms that will enhance the experience of all students given the…

DINAMIKA UPAYA MELAKUKAN SINERGI ANTARA HUKUM PERDAGANGAN INTERNASIONAL DAN HUKUM LINGKUNGAN / INTERNATIONAL TRADE LAW AND ENVIRONMENTAL LAW SINERGY

Directory of Open Access Journals (Sweden)

Endra Wijaya

2017-11-01

Full Text Available Dalam aktivitas perdagangan internasional, kehadiran hukum menjadi suatu hal yang penting untuk mengatur dan membuat berjalannya unsur-unsur dalam perdagangan internasional menjadi efektif, efisien, dan berkeadilan. Secara perlahan-lahan, sistem perdagangan internasional mulai memasukkan isu hukum lingkungan hidup. Masuknya isu hukum lingkungan ke dalam sistem perdagangan internasional sudah dimulai sejak adanya kesadaran perlunya lingkungan hidup dijaga kelestariannya agar dapat menunjang pembangunan secara keseluruhan. Saat ini, isu hukum lingkungan tersebut memang sudah menjadi syarat penting bagi setiap hubungan perdagangan yang akan atau sedang dilakukan oleh para subjek hukum dalam perdagangan internasional. Fokus pembahasan makalah ini tertuju kepada persoalan bagaimana masuknya dan bersinerginya isu hukum lingkungan ke dalam sistem perdagangan internasional. Metode penelitian yang digunakan dalam melakukan pembahasan ialah metode kajian normatif, dengan menggunakan data sekunder yang diperoleh melalui penelusuran kepustakaan. In international trade activity, the law exists and becomes one of the important components to ensure the trading activity runs effectively, efficiently, and fair. Gradually, international trade system has started to embed environmental law issue to become its part of the system, and this process has begun since people realized that environment should be protected in order to support the sustainable development process. Currently, environmental law issue becomes an important condition for most of the international trade relations which are being done or will be done by subjects of the international trade. This paper focuses on how environmental law is being synergized within international trade system. The library research method will be used to explore that topic.

Feministische Rechtswissenschaft am Beispiel des Völkerrechts Feminist Law Based on International Law

Directory of Open Access Journals (Sweden)

Regina Harzer

2007-07-01

Full Text Available Insbesondere das zwischenstaatliche, durch Diplomatie und Außenpolitik geprägte Völkerrecht, war früher – und das liegt nicht sehr lange zurück – reine „Männersache”. Bereits mit dem Titel des Buches möchte Beate Rudolf auf insofern deutlich veränderte Verhältnisse hinweisen. Frauen sind nicht nur potentielle Opfer und damit Gegenstand völkerrechtlichen Schutzes, wenn es um politische Konflikte oder kriegerische Auseinandersetzungen geht. Frauen haben bedeutsame Rechtspositionen erlangt, die national, inter- und transnational Geltung haben und zumindest theoretisch Anerkennung gefunden haben. Frauen verändern Völkerrecht aktiv. Sie wirken mit als Beteiligte staatlicher Delegationen, als Mitglieder von Kontrollgremien und internationalen Organisationen, und Frauen sind wesentlich beteiligt in Nichtregierungsorganisationen. Der Band weist aber auch auf Gefährdungen der erreichten Positionen hin.Intergovernmental international law, marked by diplomacy and foreign policy, used to be—not all that long ago—purely a man’s business. As the title of her book professes, Beate Rudolf wishes to point to the obvious changes in this relationship. Women are not only possible victims and thus the object of international legal protection in political conflicts or areas of contention. Women also have achieved significant legal positions that have national, international, and transnational validity and therefore have, at least theoretically, received recognition. Women actively change international law. They participate in national delegations, they are members in advisory committees and international organizations, and they are significantly involved in non-governmental organizations. The volume, however, also points to the dangers inherent in these new positions.

International criminal tribunals and human rights law: Adherence and contextualization

NARCIS (Netherlands)

Zeegers, K.J.

2015-01-01

Given their mandate to prosecute persons responsible for the most atrocious of human rights violations, International Criminal Tribunals (ICTs) are generally hailed as welcome enforcers of international human rights law: a new instrument in the toolkit of human rights protectors. However, ICTs

The Evolution of the Social Criminal Law on an International Wide Scale

Directory of Open Access Journals (Sweden)

Radu Razvan Popescu

2009-06-01

Full Text Available Brought to maturity, the labor criminal law represents a real branch of the criminal law, as well as the business criminal law, fiscal criminal law or the environment criminal law. Notwithstanding labor criminal law cannot be considered merely as an accessory part of the corporate criminal law, but having an essential part such as an exhibit test, in order to determine new legal mechanisms, such as the ones regarding criminal liability of the legal persons. In the Romanian legislation, the labor criminal law, as an interference zone between the criminal law and labor law, has to be regarded from the internal social realities governing the labor aspects, as well from the comparative law's point of view.

Changing International ‘Subjectivity’ and Rights and Obligations under International Law – Status of Corporations

Directory of Open Access Journals (Sweden)

Merja Pentikäinen

2012-01-01

Full Text Available Globalisation, liberation of trade supported by institutions such as the WTO, the unprecedented internationalisation of companies' activities in the global market, the creation of even larger company entities (including multinational corporations and the ensuing growth of business power have radically restructured the equilibrium of companies' relations with state and society. In the contemporary world many companies are de facto stronger and more influential actors than states, and their activities have concrete effects on political, cultural and societal aspects in the countries where they operate or to which they have other business links. These developments have created new kinds of challenges, e.g. for the protection of human rights which may be undermined by business activities. In this situation corporations are increasingly expected to pay due regard to avoiding activities contributing to human rights violations. The doctrine of subjects of international law (international 'subjectivity' considers states as the primary subjects, in addition to which also some other actors have been granted the status as a subject, including even corporations. This article sheds light on the shifts that have taken place in the doctrine of international 'subjectivity' and the paradigm of rights and obligations under international law linked to this 'subjectivity'. Particular attention is paid to the position of corporations, and the exploration is conducted through the prism of the development of rights and obligations in the area of international human rights law.

International Food Regime

Directory of Open Access Journals (Sweden)

A. V. Malov

2018-01-01

Full Text Available The review article reveals the content of the concept of Food Regime, which is little-known in the Russian academic reference. The author monitored and codified the semantic dynamic of the terminological unit from its original interpretations to modern formulations based on the retrospective analysis. The rehabilitation of the academic merits of D. Puchala and R. Hopkins — authors who used the concept Food Regime for a few years before its universally recognized origin and official scientific debut, was accomplished with help of historical and comparative methods. The author implemented the method of ascension from the abstract to the concrete to demonstrating the classification of Food Regimes compiled on the basis of geopolitical interests in the sphere of international production, consumption, and distribution of foodstuffs. The characteristic features of historically formed Food Regime were described in the chronological order, as well as modern tendencies possessing reformist potential were identified. In particular, it has been established that the idea of Food Sovereignty (which is an alternative to the modern Corporate Food Regime is the subject for acute academic disputes. The discussion between P. McMichael P. and H. Bernstein devoted to the “peasant question” — mobilization frame of the Food Sovereignty strategy was analyzed using the secondary data processing method. Due to the critical analysis, the author comes to the conclusion that it is necessary to follow the principles of the Food Sovereignty strategy to prevent the catastrophic prospects associated with ecosystem degradation, accelerated erosion of soils, the complete disappearance of biodiversity and corporate autoc racy successfully. The author is convinced that the idea of Food Sovereignty can ward off energetic liberalization of nature, intensive privatization of life and rapid monetization of unconditioned human reflexes.

Food for Thought: Analysing the Internal and External School Food Environment

Science.gov (United States)

Callaghan, Mary; Molcho, Michal; Nic Gabhainn, Saoirse; Kelly, Colette

2015-01-01

Purpose: Availability and access to food is a determinant of obesity. The purpose of this paper is to examine food availability within and outside of post-primary schools in Ireland. Design/methodology/approach: Data on the internal school food environment were collected from 63 post-primary schools using questionnaires. The external school food…

The Treaty of Tordesillas and the (reInvention of International Law in the Age of Discovery

Directory of Open Access Journals (Sweden)

Tatiana Waisberg

2017-05-01

Full Text Available This paper aims to investigate some of the main features of sixteenth century international law in order to challenge traditional international law foundations. By exploring concrete cases, and indicating situations in which state and non-state actors resorted to international norms in order to promote trade and celebrate peace treaties, it is inquired whether some pre-Westphalia international trade and warfare practices may be defined as the beginning of “modern” international law.

Wholesomeness studies in the International Food Irradiation Project

Energy Technology Data Exchange (ETDEWEB)

Elias, P S [International Food Irradiation Project, Federal Research Centre for Nutrition

1980-01-01

Despite more than 25 years of history as an effective food preservation method, food irradiation is still subject to strict legislative control in many countries and scientific investigations are required to provide reassurance as to the safety of irradiated food. The International Food Irradiation Project was set up on October 14, 1970 to facilitate the objective evaluation of the wholesomeness of irradiated foodstuffs. Its major activities are; (1) wholesomeness testing of irradiated foods, (2) research on and investigations into the methodology of wholesomeness testing, (3) dissemination of information, and (4) assisting national and international authorities in their consideration of acceptance of irradiated food. In particular, the project over the past nine years had been devoted to the provision of data to national health authorities and international bodies. Up to now, 23 studies were and are being carried out for the project under contract. Subjects for the studies include wheat, wheat flour, potatoes, fish, rice, mango, spices, dried dates, onions and cocoa beans.

Wholesomeness studies in the International Food Irradiation Project

International Nuclear Information System (INIS)

Elias, P.S.

1980-01-01

Despite more than 25 years history as an effective food preservation method, food irradiation is still subject to strict legislative control in many countries and it is required to carry out scientific investigations to reassure the safety of irradiated food. The International Food Irradiation Project was set up on October 14, 1970 to facilitate the objective evaluation of the wholesomeness of irradiated foodstuffs. Its major activities are; (1) wholesomeness testing of irradiated foods, (2) research on and investigations into the methodology of wholesomeness testing, (3) dissemination of information, and (4) assisting national and international authorities in their consideration of acceptance of irradiated food. In particular, the project over the past nine years had been devoted to the provision of data to national health authorities and international bodies. Up to now, 23 studies were and are being carried out for the project under contract. Subject to the studies include wheat, wheat flour, potatoes, fish, rice, mango, spices, dried dates, onions and cocoa beans. (Kitajima, A.)

The impact of the ECHR on private international law: An analysis of Strasbourg and selected national case law

NARCIS (Netherlands)

Kiestra, L.R.

2013-01-01

In this research the interaction between the rights guaranteed in the European Convention of Human Rights (ECHR) and private international law has been analyzed by examining the case law of the European Court of Human Rights (the Court) in Strasbourg and selected national courts. In doing so the

International humanitarian law applied to cyber-warfare: Precautions, proportionality and the notion of ‘attack’ under the humanitarian law of armed conflict

NARCIS (Netherlands)

Gill, T.D.; Tsagourias, N.; Buchan, R.

2015-01-01

This chapter examines the application of international humanitarian law to cyber warfare in the sense of rising to the level of an armed conflict. Building upon the work of the Tallinn Manual on the Application of International Law to Cyber Warfare, it places particular emphasis on the application

Predicament of Chinese legislation on genetically modified food (GMF) labeling management and solutions - from the perspective of the new food safety law.

Science.gov (United States)

Li, Wei; Li, Han

2017-11-01

This paper considers the background of Article 69 of the newly revised Food Safety Law in China in combination with the current situation of Chinese legislation on GMF labeling management, compared with a foreign genetically modified food labeling management system, revealing deficiencies in the Chinese legislation with respect to GMF labeling management, and noting that institutions should properly consider the GMF labeling management system in China. China adheres to the principle of mandatory labeling based on both product and processes in relation to GMFs and implements a system of process-centered mandatory labeling under a negotiation-construction form. However, China has not finally defined the supervision mode of mandatory labeling of GMFs through laws, and this remains a challenge for GMF labeling management when two mandatory labeling modes coexist. Since April 2015 and October 1, 2015 when the Food Safety Law was revised and formally implemented respectively, the applicable judicial interpretations and enforcement regulations have not made applicable revisions and only principle-based terms have been included in the Food Safety Law, it is still theoretically and practically difficult for mandatory labeling of GMFs in juridical practices and conflicts between the principle of GMF labeling and the purpose that safeguards consumers' right to know remain. The GMF labeling system should be legislatively and practically improved to an extent that protects consumers' right to know. © 2017 Society of Chemical Industry. © 2017 Society of Chemical Industry.

International status of food irradiation

International Nuclear Information System (INIS)

Roberts, P.B.

1982-09-01

Recent international moves that are likely to result in an increasing acceptance of irradiated foods are reviewed. Particular attention is given to the activities of the FAO, WHO, Codex Alimentarius and to attitudes in the United States and the Asian-Pacific region. In 1979, the Codex Alimentarius Commission adopted a Recommended General Standard for Irradiated Food. A resume is given of a revised version of the standard that is presently under consideration. However, remaining barriers to trade in irradiated food are briefly discussed, such as legal and regulatory problems, labelling, public acceptance and economic viability

Food irradiation receives international acceptance

Energy Technology Data Exchange (ETDEWEB)

Beddoes, J M [Atomic Energy of Canada Ltd., Ottawa, Ontario. Commercial Products

1982-04-01

Irradiation has advantages as a method of preserving food, especially in the Third World. The author tabulates some examples of actual use of food irradiation with dates and tonnages, and tells the story of the gradual acceptance of food irradiation by the World Health Organization, other international bodies, and the U.S. Food and Drug Administration (USFDA). At present, the joint IAEA/FAO/WHO standard permits an energy level of up to 5 MeV for gamma rays, well above the 1.3 MeV energy level of /sup 60/Co. The USFDA permits irradiation of any food up to 10 krad, and minor constituents of a diet may be irradiated up to 5 Mrad. The final hurdle to be cleared, that of economic acceptance, depends on convincing the food processing industry that the process is technically and economically efficient.

Food irradiation receives international acceptance

International Nuclear Information System (INIS)

Beddoes, J.M.

1982-01-01

Irradition has advantages as a method of preserving food, especially in the Third World. The author tabulates some examples of actual use of food irradiation with dates and tonnages, and tells the story of the gradual acceptance of food irradiation by the World Health Organization, other international bodies, and the U.S. Food and Drug Administration (USFDA). At present, the joint IAEA/FAO/WHO standard permits an energy level of up to 5 MeV for gamma rays, well above the 1.3 MeV energy level of 60 Co. The USFDA permits irradiation of any food up to 10 krad, and minor constituents of a diet may be irradiated up to 5 Mrad. The final hurdle to be cleared, that of economic acceptance, depends on convincing the food processing industry that the process is technically and economically efficient

Seeking Deliberation on the Unborn in International Law | de Freitas ...

African Journals Online (AJOL)

International human rights instruments and jurisprudence radiate an understanding of international law as also serving to protect fundamental rights and the interests of the individual. The idea that human rights provide a credible framework for constructing common norms among nations and across cultures is both powerful ...

[International experience in the legal regulation of the circulation of medicines through the prism of the law of the world trade organization].

Science.gov (United States)

Pasechnyk, Olena V; Hendel, Nataliia V

2018-01-01

Introduction: The development of international legal cooperation in the field of health has largely been driven by the trade interests of states. The aim: The article analyzes the legal regulation of the circulation of medicines through the prism of the law of the World Trade Organization. Materials and methods: Using the historical legal method has allowed to analyze the genesis of legal regulation of the circulation of medicines through the prism of the law of the World Trade Organization. The dialectical method is widely used, in particular, when it comes to the issue of the ratio of market regulation of medicines circulation and public health protection, the formal logic method, in particular, in formulating the general principles, principles and methods of legal regulation in the field of medicines, as well as the systemic method, in particular, in defining the institutional component of legal regulation in the field of medicines. Review: The activities of the WTO include several areas related to health protection: international control over infectious diseases, international legal regulation of food safety (food security), tobacco control, environmental protection, international legal aspects of access and treatment of medicinal and pharmaceutical products, international legal regulation of medical services provision. Conclusions: It is proved that the right to health is a right to access to medicines. However, for many developing countries, it is problematic to obtain patents for the production of necessary medicines or to pay a license fee, which creates a barrier to the realization of the right to health.

[Food poisoning--importance of international perspective].

Science.gov (United States)

Nishibuchi, Mitsuaki

2012-08-01

It is important to obtain the information on food security in the countries other than Japan since more than 60 % of the food consumed come from these countries. Food security is now considered as a global issue. A global trend persuading us to provide safe food to humans is based on the concept of human security development associated with a sense of human mission to sustain one's life. Another global tendency pushing us to secure safety and hygiene of food is driven by the economic pressure coming from the rules in international trade established by Codex Committee under FAO/WHO. In contrast to these trends under globalization requesting safe and hygienic food, food habits based on tradition or religion are maintained locally in various parts of the world. These local habits include eating raw or improperly cooked foods, which may become a risk of being exposed to food poisoning pathogens. This issue may be adequately solved by a risk assessment approach based on the concept of appropriate level of protection (ALOP). Like or not, people in some local areas live in the unhygienic environment where they are unintentionally and frequently exposed to enteric pathogens or immunologically cross-reacting microorganisms through which they may acquire specific immunity to the pathogens and escape from infection by the pathogens. There are therefore many areas in the world where people understand the necessity to provide safe food at the international level (globalization) but actually consume food in varying hygienic conditions from area to area due in part to traditional food habits or living environments (localization); we call this situation as glocalization (global+local).

Environmental protection and international law: the case of nuclear energy

International Nuclear Information System (INIS)

Dagicour, F.

2002-03-01

Given the very hazardous nature of its activity, the nuclear industry has often been considered to be without a future. Concerns over climate change and increasing international energy needs have, however, shone a new light on the positive aspects of nuclear energy. As the only clean, stable and inexpensive energy source, available, nuclear energy promises a constant supply of electricity while protecting the atmosphere. This new relationship between the environment and nuclear energy calls for an analysis of the international regulation of the risks posed by nuclear energy production. Since the beginning of the nuclear age, the long term, unknown, and large geographic scope of the risks and effects of this activity have led to the adoption of a set of normative rules outside of the scope of international environmental law. The norms that now regulate this new, ultra-hazardous activity resulted in a set of rules aimed at protecting the environment in the face of high risk activities that now form the heart of international environmental law. Unwilling relinquish national sovereignty, States adopted a system of non-binding regulation to protect the environment and promote the nuclear industry. The Chernobyl accident later pointed to the weakness of this approach. Despite this weakness, the adoption of a soft law approach has led to progress in environmental protection in an area where States have been loathe to give up their sovereignty. (author)

e-compendium - Air Pollution Prevention in an International and EU Environmental Law Perspective, Summer 2014

DEFF Research Database (Denmark)

Steen, Ulla

2014-01-01

E-compendium Air Pollution Prevention in an International and EU Environmental Law Perspective, Summer 2014......E-compendium Air Pollution Prevention in an International and EU Environmental Law Perspective, Summer 2014...

The Russian Federation legislation. The new laws. Prospects for international cooperation

International Nuclear Information System (INIS)

Lebedev, A. YE.

2002-01-01

Survey of the regulatory basis for the international cooperation of the Russian Federation in the area of foreign commercial and research spent fuel management. Analysis of the latest legislative amendments. Complex approach and environmental priorities of the new legislative initiatives (three Federal laws): Amendments to Articles 1, 47 and 64 of the Federal Law on U tilization of atomic energy ; Amendments to Articles 50 of the Federal Law on E nvironmental protection ; The new Federal Law O n Special ecological programs for the clean- up of areas, contaminated by radiation . (author)

77 FR 12353 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Notice of...

Science.gov (United States)

2012-02-29

... Judgments, and (2) Choice of Law in International Commercial Contracts The Office of the Assistant Legal..., which meets April 17-20. Choice of law in international commercial contracts: A working group composed...-binding principles relevant to the choice of law in international commercial contracts. The draft...

International Humanitarian Law: The legal framework for humanitarian forensic action.

Science.gov (United States)

Gaggioli, Gloria

2018-01-01

In armed conflicts, death is not an exceptional occurrence, but becomes the rule and occurs on a daily basis. Dead bodies are sometimes despoiled, mutilated, abandoned without any funeral rite and without a decent burial. Unidentified remains may be counted by hundreds or thousands. As a result, families look for years for missing relatives, ignorant of the fate of their loved ones. International Humanitarian Law, also called the laws of war or the law of armed conflict, is an international law branch, which has been developed to regulate and, as far as possible, to humanize armed conflicts. It contains a number of clear and concrete obligations incumbent to belligerent parties on the management of dead bodies, which provide the legal framework for humanitarian forensic action. The purpose of this article is to present, in a simple and concise manner, these rules with a view to extrapolate some key legal principles, such as the obligation to respect the dignity of the dead or the right to know the fate of relatives, which shall guide anyone dealing with human remains. Copyright © 2017 Elsevier B.V. All rights reserved.

Food production in solidarity economy: an issue that goes beyond laws

Directory of Open Access Journals (Sweden)

Simone WESCHENFELDER

2016-01-01

Full Text Available Abstract Food production within the context of solidarity economy is an alternative way to offer employment and income for a significant part of the Brazilian population. The purpose of this study was to carry out a business diagnosis in order to evaluate the facilities, the production process and hygiene practices of seven solidarity economy enterprises located in the city of Novo Hamburgo, Southern Brazil, that work with food production and sales. Visits took place at the enterprises and a check-list was used to record data. Although food production happens in places with space and setting restrictions, it guarantees distinctive foods with aggregate value, where handlers follow the whole process, from raw materials selection to sales. Basic hygiene principles are followed, as they guarantee the production of food with quality, which contributes towards income generation for participating families. Specific laws that apply to the characteristics and needs of small-scale food production must be written in order to regulate solidarity economy enterprises.

Regulatory changes to renewable energy support schemes: An international investment law perspective

OpenAIRE

Paleckaite, Gintare

2014-01-01

Thesist analyzes how regulatory changes related to renewable energy investment support schemes can be perceived under international investment law standards and how possible decisions of international investment law tribunals could impact investment in this sector. This research is based on case studies of two states: Spain and the Czech Republic and claims against them. These cases will assist in analyzing the effects of the amendment/revocation of renewable energy support schemes. Answers t...

Nnamdi Azikiwe University Journal of International Law and ...

African Journals Online (AJOL)

Nnamdi Azikiwe University Journal of International Law and Jurisprudence - Vol 9, No 2 (2018). Journal Home > Archives ... Attraction of business and restriction in legal practice in Nigeria and United States: need for globalization via legal education · EMAIL FREE FULL TEXT EMAIL FREE FULL TEXT · DOWNLOAD FULL ...

CARBON TRADING ACCORDING TO INTERNATIONAL LAW AND ITS IMPLEMENTATION IN INDONESIA

Directory of Open Access Journals (Sweden)

Sinta Wahyu Purnama Sari

2016-04-01

Full Text Available This research aims to describe the carbon trading according to international law and its implementation in Indonesia. It uses juridical-normative research methods. Climate change is one of the major environmental issues in the world, it causes an adverse effect to human life. Basically it comes from human activities. To follow up the issue, then countries try to solve it by taking an action to reduce the emissions. Through the first Earth Summit in Rio De Janeiro-Brazil in 1992, which produces the Convention on Climate Change (UNFCCC; one of the achievements of the UNFCCC is the Kyoto Protocol, wherein the Protocol contains two important things, namely the commitment of developed countries to reduce the rate of emissions compared to 1990, and the possibility of carbon trading mechanisms. Indonesia is one of the countries that have ratified both the UNFCCC through Law No. 6 of 1994, and the Kyoto Protocol through Law No. 17 of 2004. There are also some related regulations. However, of all existing laws, the government has not put out implementing regulations or instructions about carbon trading specifically. Keywords: Carbon Trading, International Law, Indonesia.

The Obligations of States towards Refugees under International Law

DEFF Research Database (Denmark)

Skordas, Achilles

The main purpose of the current study is to discuss the obligations of States towards refugees under international law, and to argue that States have obligations towards refugees regardless of the ratification of the Geneva Convention....

DO WE STILL NEED A CONVENTION IN THE FIELD OF HARMONISATION OF THE INTERNATIONAL COMMERCIAL LAW?

Directory of Open Access Journals (Sweden)

A. Korzhevskaya

2014-01-01

Full Text Available The paper critically discusses the opinion of certain scholars that the use of multilateral treaties (conventions in the field of harmonisation of international commercial law has been in a state of steady decline. They believe that traditional treaty law has been gradually replaced in recent years by softer methods of making international law, such as the use of restatements and model laws. Some scholars even claim that treaty law is dead or dying. The work assesses whether this view has reasonable grounds, providing an overview of the most prominent hard law and soft law harmonising instruments and outlining issues relating to the success of conventions, their advantages, drawbacks and tensions arising in this area. The paper suggests that conventions remain necessary where the third party or public interest are at stake, however, further improvements are needed to make conventions more successful instruments in international commercial law.

The Development of International Law in the Field of Renewable Energy

Directory of Open Access Journals (Sweden)

Imam Mulyana

2016-04-01

Full Text Available Energy plays a pivotal role in ensuring economic growth, social equity and live-able environment. In this regard, the non-renewable or conventional source of energy such as oil, gas and coal continue to supply the energy demand throughout the world. Nevertheless, as the awareness of the international society towards the protection and preservation of the global environment is rapidly growing, the utilization of energy resources has been gradually shifted from the non-renewable to renewable ones. Observing the international developments in the field of energy, further international legal instruments is required to be able to regulate renewable energy activities undertaken by the countries today. Although there have been a number of rules in international law, but until recently, most of these regulations is still not legally binding. Moreover, to achieve world order that uses renewable energy, international law also had to resolve some fundamental issues, namely the issue of state sovereignty and energy security.

The Russian Federation legislation. The new laws. Prospects for international cooperation

Energy Technology Data Exchange (ETDEWEB)

Lebedev, A. YE. [Department of project management TENEX, 26, Staromonetnyi Per., 109180 Moscow (Russian Federation)

2002-07-01

Survey of the regulatory basis for the international cooperation of the Russian Federation in the area of foreign commercial and research spent fuel management. Analysis of the latest legislative amendments. Complex approach and environmental priorities of the new legislative initiatives (three Federal laws): Amendments to Articles 1, 47 and 64 of the Federal Law on {sup U}tilization of atomic energy{sup ;} Amendments to Articles 50 of the Federal Law on {sup E}nvironmental protection{sup ;} The new Federal Law {sup O}n Special ecological programs for the clean- up of areas, contaminated by radiation{sup .} (author)

Detection methods for irradiated foods

International Nuclear Information System (INIS)

Dyakova, A.; Tsvetkova, E.; Nikolova, R.

2005-01-01

In connection with the ongoing world application of irradiation as a technology in Food industry for increasing food safety, it became a need for methods of identification of irradiation. It was required to control international trade of irradiated foods, because of the certain that legally imposed food laws are not violated; supervise correct labeling; avoid multiple irradiation. Physical, chemical and biological methods for detection of irradiated foods as well principle that are based, are introducing in this summary

The International Law Commision at the End of Quinquennium: an Exceptional Session and Positive Results

Czech Academy of Sciences Publication Activity Database

Šturma, Pavel

2016-01-01

Roč. 7, nemá (2016), s. 437-450 ISSN 1805-0565. E-ISSN 1805-0999 Institutional support: RVO:68378122 Keywords : international law * International Law Commission * United Nations body Subject RIV: AG - Legal Sciences http://www.cyil.eu/

Food health law

DEFF Research Database (Denmark)

Edinger, Wieke Willemijn Huizing

2014-01-01

risks to human health of foods with, e.g., negative nutritional features. While EU food safety legislation seems successful in preventing food-borne illnesses, public focus has shifted to the growing prevalence of lifestyle-related illnesses. There is convincing scientific evidence of a correlation...... between obesity and non-communicable diseases, on the one hand, and unhealthy food on the other. The EU has taken initiatives to stop this development, but these are directed at guiding consumer choice rather than at regulating foods from the point of view of their composition and nutritional value...

Will the judgment in the Hague trial constitute a precedent in international law

Directory of Open Access Journals (Sweden)

Bojanić Petar

2006-01-01

Full Text Available On the great crime (mala in se; scelus infandum and sovereignty In this text we are attempting to think the International Criminal Tribunal for the former Yugoslavia together, and always with its necessary connection to the International Court of Justice and International Criminal Court. By paraphrasing the title of another work, the long forgotten Hans Kelsen text from 1947 (today usually used by detractors of the Tribunal "Will the Judgment in the Nuremberg Trial constitute a Precedent in International Law?", I wish to distinguish between the two Tribunals (as well as The Treaty of Versaille,and in so doing treat international law as legislative history or judicial precedents (and their recognition.

A particular articulation of judicial activism of the CJEU in its approach towards international law

DEFF Research Database (Denmark)

Cebulak, Pola

2012-01-01

This paper seeks to provide a theoretical and methodological framework that can be used in assessing the judicial activism of the Court of Justice of the European Union (CJEU) in its jurisprudence dealing with public international law. The underlying questions are: What underpins the judicial...... activism of the EU judge in the jurisprudence concerning the relationship between European and public international law? How does the EU judge’s approach to international law shape the relationship between the two legal orders? The chapter proposes the hypothesis that judicial activism and a pluralistic...

A Quantum of Solace: Guzman on the Classical Mechanics of International Law - Book Review: Andrew Guzman, How International Law Works. A Rational Choice Theory (2008

Directory of Open Access Journals (Sweden)

Matthias Goldmann

2009-02-01

class="ArticleText">Compared to the discipline of international law, scholars of physics are blessed. While the principles of classical mechanics were theorized several centuries ago, quantum theory and the theory of relativity offer supplementary ways for describing how material objects and energy interact where classical mechanics does not provide an explanation. Thus, even in the absence of an all-comprising “world theory”, physicists have a wide array of workable theories at their service. By contrast, the “classical mechanics” of international law, i.e. the explanation of the most basic causal relationships between international legal norms and the behaviour of states as the main subjects of international law, are still subject to deep theoretical controversies. International legal doctrine presupposes that international law does have an impact and does not aim at questioning or further explaining this assumption. Traditional legal theories that see the essence of legal normativity in the possibility to trigger mechanisms of physical constraint often come to the conclusion that international law, in the absence of central enforcement mechanisms, is at best a primitive form of law. More recent enquiries into international legal theory from very different theoretical angles come to even less uplifting conclusions. Some argue that international legal norms are either entirely devoid of content because of their inherent indeterminacy and therefore prone to be captured by special interests. Others consider international law to be merely epiphenomenal because rational states would only consent to legal norms if, and as long as, they describe a behaviour they would choose anyway because it promises higher payoffs. In particular the latter critique put forward so forcefully by Jack Goldsmith and Eric Posner sent considerable shock waves through the invisible college of international lawyers. This is the background that needs to be kept

The Unity of Application of International Law at the Global Level and the Responsibility of Judges

OpenAIRE

DUPUY, Pierre-Marie

2007-01-01

This article analyses the relationship between Courts and tribunals in the interpretation and application of international law. The goal here is of crucial importance: that of guaranteeing the unity of international law and avoid fragmentation. This relationship is considered at two levels. The first level is vertical: how do national courts perceive and react to international law? In an ideal approach, based on a federalist model, there would be an organic hierarchy insuring that nation...

Relevance of international humanitarian law to the deployment of ...

African Journals Online (AJOL)

Nnamdi Azikiwe University Journal of International Law and Jurisprudence. Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives · Journal Home > Vol 6 (2015) >. Log in or Register to get access to full text downloads.

Maritime environmental penal law. International and German legislation

International Nuclear Information System (INIS)

Eller, Jan Frederik

2017-01-01

The book on maritime environmental penal law discusses the following issues: part I: introduction into the importance of oceanic environment and its thread, requirement of protective measures,; part II: focus of the study and terminology: oceanic pollution, maritime environmental legislation, international legislation; part 3: international legislative regulations concerning the protection of maritime environment: avoidance of environmental pollution, maritime legislative agreements, existing protective institutions; part 4: state penal power concerning maritime environmental protection; part 5: statutory offense according to German legislation; perspectives for regulations concerning criminal acts on sea.

General Principles of the WTO and European Community Laws in Building International Competition Norms

Directory of Open Access Journals (Sweden)

Chan Mo Chung

2002-12-01

Full Text Available The World Trade Organization (WTO established a Working Group on the interaction between trade and competition policy in 1996. By the Doha Ministerial Declaration, it recognized the case for international competition policy framework and agreed that the relevant negotiations take place after the Fifth Session of the Ministerial Conference. The Working Group is meant to focus on the clarification of: core principles, including transparency, non-discrimination and procedural fairness among others in the period until the Fifth Session. This article attempts to clarify the implications of the core (WTO principles to the would-be international competition laws and practices. It further tries to get lessons from competition law and practices of the European Community. Protection of fundamental rights, proportionality, non-discrimination, transparency, supremacy, subsidiarity and direct effect are the general principles of the European Community law to be discussed in relation to the competition law and policy. It concludes that the general principles of the WTO and EC laws provide guiding principles for the future international competition norms, and makes some preliminary assessment of the present Korean competition law and policy in the light of those principles.

Canadian International Food Security Research Fund (CIFSRF)

International Development Research Centre (IDRC) Digital Library (Canada)

. The Canadian International Food Security Research Fund(CIFSRF) is a program of Canada's International Development Research. Centre (IDRC) undertaken with the financial support of the. Government of Canada provided through Foreign ...

The development of the international and national radiation protection law

International Nuclear Information System (INIS)

Bischof, W.

1978-01-01

The author reports in detail about the development of the international radiation protection law, gives a general survey of domestic legislation in the FRG and abroad and presents the individual problems of the radiation protection laws in a comparative way, such as radiation protection principles/dose limit values, licensing and monitoring regulations disposal of radioactive wastes, application of ionising rays and radioactive substances to men as well as protection from non-ionising radiation. (UN) [de

Legal protection of private persons in the case of acts of foreign states contrary to international law - with special reference to international environmental law

Energy Technology Data Exchange (ETDEWEB)

Schwarze, J

1986-01-01

The author describes the basis for claims following to international law for a case like Chernobyl. He examines possibilities of enforcement of private claims, regarding legal protection in courts of the state where the incident occurred, and of the state where the damage was suffered, of the International Court of Justice, and by way of diplomatic protection. Individual guarantees of procedure still can be improved at present.

Rule of Law Dynamics in an Era of International and Transnational Governance

NARCIS (Netherlands)

Zürn, M.; Nollkaemper, A.; Peerenboom, R.

2011-01-01

The international and transnational nature of modern governance presents major challenges for the rule of law promotion agenda, at a time when the less than stellar results of traditional state-oriented rule of law promotion have led to increased doubts about the wisdom and feasibility of the

International Law governing the Safe and Peaceful Uses of Nuclear Energy

International Nuclear Information System (INIS)

Jankowitsch-Prevor, O.

2002-01-01

1. The International Governmental Institutions. History and mandates: IAEA, OECD/NEA, EURATOM. 2. International Treaties and Conventions: The Peaceful Uses of Nuclear Energy: Commitment and Verification (the NPT, Safeguards Agreements with the IAEA, The Additional protocol, Regional Non-proliferation Treaties); the Physical protection of Nuclear Material (Convention on the Physical Protection of Nuclear Material); Civil Liability for Nuclear Damage (Vienna Convention on the Civil Liability for Nuclear Damage, Protocol to Amend the Vienna Convention, Paris Convention on Civil Liability, Joint Protocol relating to the Application of the Vienna Convention and the Paris Convention, Convention on Supplementary compensation for Nuclear Damage); In case of Nuclear Accident: Notification and Assistance (Convention on Early Notification of a Nuclear Accident, Convention on Assistance in the case of a Nuclear Accident or Radiological Emergency); International Law Governing Nuclear Safety (Nuclear Safety Convention, Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management). 3. Relationship between International and National Law

French civil law aspects of international sales of oil

International Nuclear Information System (INIS)

Moquet, A.

1992-01-01

There is not in France, as in London and New York, and organised trade market for crude oil and oil products. French law does not apply to oil futures negotiated in foreign markets, although solicitation in France for transactions in a foreign market is legal only if that market is approved by the French Minister in charge of Economic Affairs. However, French oil producers do enter into OTC forward and commodity swap agreements. Although most of these agreements are standardised and expressly choose English law and the jurisdiction of the High Court of London for resolution of disputes, fundamental principles of French private international law may impose jurisdiction of a French Commercial Court (in case of bankruptcy of the French party for example) and/or rules of necessary application or public order. (author)

Raising food hygiene standards--could customer power and the new laws hold the key?

Science.gov (United States)

Leach, J C

1996-12-01

In September 1995 new general food hygiene regulations came into force. The new law, quite rightly, requires proprietors of food businesses to focus their thoughts and actions on risks to food safety. Proprietors are required to identify and assess risks and ensure that adequate management procedures are put into place to ensure food safety. This is a welcome move as contributing factors in most cases of food poisoning involve poor food hygiene practices. At the same time there has been a large increase in the amount of advice and guidance to local authority enforcement officers, particularly to assess risks to food safety when considering what action to take in any situation - the lower the risk the less appropriate it is to take legal action. However, there are many conditions found in food premises which present little or no risk to health, such as routine cleanliness in non-high risk areas, but lower standards on these might be viewed by the public as inappropriate for food businesses. With an increasing amount of choice available to customers, proprietors and managers of food businesses need to be more aware than ever of the complex pattern of consumer demands including that of supplying a clean and safe product in its broadest sense. The notion of consumer sovereignty is not a new concept. Combined with the new laws could it hold the key to genuine improved standards in food hygiene? This article reviews the subject and draws attention to a research programme being undertaken at the University of Brighton to identify, compare and contrast factors which the public perceive as important in terms of food hygiene in public eating places with those considered important by professionals with an interest in the subject. The results could bring benefits to the catering industry and customers.

Groundwater Depletion Embedded in International Food Trade

Science.gov (United States)

Dalin, Carole; Wada, Yoshihide; Kastner, Thomas; Puma, Michael J.

2017-01-01

Recent hydrological modeling and Earth observations have located and quantified alarming rates of groundwater depletion worldwide. This depletion is primarily due to water withdrawals for irrigation, but its connection with the main driver of irrigation, global food consumption, has not yet been explored. Here we show that approximately eleven per cent of non-renewable groundwater use for irrigation is embedded in international food trade, of which two-thirds are exported by Pakistan, the USA and India alone. Our quantification of groundwater depletion embedded in the world's food trade is based on a combination of global, crop-specific estimates of non-renewable groundwater abstraction and international food trade data. A vast majority of the world's population lives in countries sourcing nearly all their staple crop imports from partners who deplete groundwater to produce these crops, highlighting risks for global food and water security. Some countries, such as the USA, Mexico, Iran and China, are particularly exposed to these risks because they both produce and import food irrigated from rapidly depleting aquifers. Our results could help to improve the sustainability of global food production and groundwater resource management by identifying priority regions and agricultural products at risk as well as the end consumers of these products.

Groundwater depletion embedded in international food trade

Science.gov (United States)

Dalin, Carole; Wada, Yoshihide; Kastner, Thomas; Puma, Michael J.

2017-03-01

Recent hydrological modelling and Earth observations have located and quantified alarming rates of groundwater depletion worldwide. This depletion is primarily due to water withdrawals for irrigation, but its connection with the main driver of irrigation, global food consumption, has not yet been explored. Here we show that approximately eleven per cent of non-renewable groundwater use for irrigation is embedded in international food trade, of which two-thirds are exported by Pakistan, the USA and India alone. Our quantification of groundwater depletion embedded in the world’s food trade is based on a combination of global, crop-specific estimates of non-renewable groundwater abstraction and international food trade data. A vast majority of the world’s population lives in countries sourcing nearly all their staple crop imports from partners who deplete groundwater to produce these crops, highlighting risks for global food and water security. Some countries, such as the USA, Mexico, Iran and China, are particularly exposed to these risks because they both produce and import food irrigated from rapidly depleting aquifers. Our results could help to improve the sustainability of global food production and groundwater resource management by identifying priority regions and agricultural products at risk as well as the end consumers of these products.

Non-state actors in control of territory as 'actors of protection' in international refugee law

NARCIS (Netherlands)

Karavias, M.

2015-01-01

This article examines the concept of non-state ‘actors of protection’ in international refugee law. This concept breaks with traditional State-centric readings of international law, as it connotes that a non-state actor may offer ‘protection’ against persecution, comparable to that normally offered

The right to health of prisoners in international human rights law.

Science.gov (United States)

Lines, Rick

2008-01-01

This paper explores the health rights of prisoners as defined in international law, and the mechanisms that have been used to ensure the rights of persons in detention to realise the highest attainable standard of health. It examines this right as articulated within United Nations and regional human rights treaties, non-binding or so-called soft law instruments from international organisations and the jurisprudence of international human rights bodies. It explores the use of economic, social and cultural rights mechanisms, and those within civil and political rights, as they engage the right to health of prisoners, and identifies the minimum legal obligations of governments in order to remain compliant with human rights norms as defined within the international case law. In addressing these issues, this article adopts a holistic approach to the definition of the highest attainable standard of health. This includes a consideration of adequate standards of general medical care, including preventative health and mental health services. It also examines the question of environmental health, and those poor conditions of detention that may exacerbate health decline, disease transmission, mental illness or death. The paper examines the approach to prison health of the United Nations human rights system and its various monitoring bodies, as well as the regional human rights systems in Europe, Africa and the Americas. Based upon this analysis, the paper draws conclusions on the current fulfilment of the right to health of prisoners on an international scale, and proposes expanded mechanisms under the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment to monitor and promote the health rights of prisoners at the international and domestic levels.

Food safety knowledge, attitude, and practice toward compliance with abattoir laws among the abattoir workers in Malaysia.

Science.gov (United States)

Abdullahi, Auwalu; Hassan, Azmi; Kadarman, Norizhar; Saleh, Ahmadu; Baraya, Yusha'u Shu'aibu; Lua, Pei Lin

2016-01-01

Foodborne diseases are common in the developing countries due to the predominant poor food handling and sanitation practices, particularly as a result of inadequate food safety laws, weak regulatory structures, and inadequate funding as well as a lack of appropriate education for food-handlers. The most frequently involved foods in disease outbreaks are of animal origin. However, in spite of the adequate legislation and laws governing the abattoir operation in Malaysia, compliance with food safety requirements during meat processing and waste disposal is inadequate. Therefore, the present study was designed to assess the food safety knowledge, attitude, and practice toward compliance with abattoir laws among the workers in Terengganu, Malaysia. A cross-sectional survey was conducted using simple random sampling technique in the six districts of Terengganu: two districts were used for the pilot study and the remaining four were used for the main study. One hundred sixty-five abattoir workers from the selected districts were interviewed using a structured questionnaire. The mean and standard deviation of knowledge, attitude, and practice scores of the workers were 6.02 and 1.954, 45.16 and 4.496, and 18.03 and 3.186, respectively. The majority of the workers (38.8%) had a low level of knowledge and 91.7% had a positive attitude, while 77.7% had a good practice of compliance. Sex had a significant association with the level of knowledge (P<0.001) and practice (P=0.044) among the workers. The females had a higher level of knowledge than the males, while the males had a better practice of compliance than females. Similarly, knowledge also had a significant (P=0.009) association with the level of practice toward compliance with abattoir laws among the workers. The abattoir workers had a positive attitude and good practice, but a low level of knowledge toward compliance with the abattoir laws. Therefore, public awareness, workshops, and seminars relevant to the abattoir

Food safety knowledge, attitude, and practice toward compliance with abattoir laws among the abattoir workers in Malaysia

Science.gov (United States)

Abdullahi, Auwalu; Hassan, Azmi; Kadarman, Norizhar; Saleh, Ahmadu; Baraya, Yusha’u Shu’aibu; Lua, Pei Lin

2016-01-01

Purpose Foodborne diseases are common in the developing countries due to the predominant poor food handling and sanitation practices, particularly as a result of inadequate food safety laws, weak regulatory structures, and inadequate funding as well as a lack of appropriate education for food-handlers. The most frequently involved foods in disease outbreaks are of animal origin. However, in spite of the adequate legislation and laws governing the abattoir operation in Malaysia, compliance with food safety requirements during meat processing and waste disposal is inadequate. Therefore, the present study was designed to assess the food safety knowledge, attitude, and practice toward compliance with abattoir laws among the workers in Terengganu, Malaysia. Materials and methods A cross-sectional survey was conducted using simple random sampling technique in the six districts of Terengganu: two districts were used for the pilot study and the remaining four were used for the main study. One hundred sixty-five abattoir workers from the selected districts were interviewed using a structured questionnaire. Results The mean and standard deviation of knowledge, attitude, and practice scores of the workers were 6.02 and 1.954, 45.16 and 4.496, and 18.03 and 3.186, respectively. The majority of the workers (38.8%) had a low level of knowledge and 91.7% had a positive attitude, while 77.7% had a good practice of compliance. Sex had a significant association with the level of knowledge (Plevel of knowledge than the males, while the males had a better practice of compliance than females. Similarly, knowledge also had a significant (P=0.009) association with the level of practice toward compliance with abattoir laws among the workers. Conclusion The abattoir workers had a positive attitude and good practice, but a low level of knowledge toward compliance with the abattoir laws. Therefore, public awareness, workshops, and seminars relevant to the abattoir operations should be

Legal protection of private persons in the case of acts of foreign states contrary to international law - with special reference to international environmental law

International Nuclear Information System (INIS)

Schwarze, J.

1986-01-01

The author describes the basis for claims following to international law for a case like Chernobyl. He examines possibilities of enforcement of private claims, regarding legal protection in courts of the state where the incident occurred, and of the state where the damage was suffered, of the International Court of Justice, and by way of diplomatic protection. Individual guarantees of procedure still can be improved at present. (CW) [de

One Health, One World—The Intersecting Legal Regimes of Trade, Climate Change, Food Security, Humanitarian Crises, and Migration

Directory of Open Access Journals (Sweden)

Kelli K. Garcia

2012-04-01

Full Text Available Today’s global health challenges require a multi-sectoral approach in which health is a fundamental value within global governance and international law. “One Health, One World” provides a unified, harmonious vision of global health governance that supports the wellbeing of humans and animals living in a clean and temperate environment. This article focuses on five legal regimes—trade law, food security law, environmental law, humanitarian law, and refugee law—that play a pivotal role in influencing health outcomes and are integral to achieving the One Health, One World vision. International trade, for example, opens markets not only to life-saving products such as vaccines, medicines, and medical equipment, but also to life-threatening products such as tobacco and asbestos. If strengthened and enforced, environmental law can decrease air and water pollution, major causes of death and disability. World hunger has been exacerbated by the global economic crisis and climate change, increasing the urgency for international law to enhance food security. Humanitarian law must similarly be strengthened to protect civilians adequately as the nature of warfare continues to change. Refugee law plays a pivotal role in protecting the health of deeply vulnerable people who lack food, shelter, and social stability. Higher standards and more effective compliance are necessary for international law to realize its full potential to safeguard the world's population.

[Recent books on international law] / Yoonie Kim, Paul R Williams

Index Scriptorium Estoniae

Kim, Yoonie

2005-01-01

Arvustus: Lauri Mälksoo. Illegal Annexation and State Continuity : The Case of the Incorporation of the Baltic States by the USSR. Study of the Tension between Normativity and Power in International Law. Leiden ; Boston, 2003

What Contribution can Colombia Offer Towards Peace and Respect for International Law in the Western Sahara?

Directory of Open Access Journals (Sweden)

Carlos Ruiz Miguel

2018-05-01

Full Text Available This paper argues that the recognition of the Sahrawi Arab Democratic Republic (SADR constitutes a contribution to respecting International Law and peace among peoples. We start from the idea that given that Public International Law is an “imperfect” law due to its lack of a centralized executive power, its enforcement depends in large measure on the responsibility of member states of the international community. Then, this study considers both the legal status of the Western Sahara –a conflict where the right to self-determination and independence is clearly defined– and the circumstances surrounding the foundation of the SADR and its legitimacy. Because of the inaction of the central bodies of the international community that do not want, or cannot, enforce this right, it is necessary to highlight the responsibility of the member states of the international community to fulfil this task. That is the particular case of Colombia and the American states, which have ratified the Montevideo Convention where this responsibility is clearly shown. The actions of every State to fulfil International Law are a contribution to its respect and to the pacific resolution of controversies, so that the recognition of the SADR is a contribution to law and peace.

From mutual recognition to mutual scientific opinion? Constitutional framework for risk analysis in EU food safety law

NARCIS (Netherlands)

Szajkowska, A.

2009-01-01

Regulation 178/2002 (the so-called General Food Law – GFL) codifies risk analysis as the core principle of the modern food safety policy. This article places the GFL in EU multi-level food safety governance and analyses the impact of risk analysis, the precautionary principle and mechanisms of

Private International Law Issues in Opt-out and Opt-in Instruments of Harmonization

DEFF Research Database (Denmark)

Fogt, Morten Midtgaard

2013-01-01

of Goods from 1980 (CISG) and the European Commission Proposal for a common European Sales Law from 2011 (CESL). Although the two instruments of substantial harmonization regulate the same area of civil law, they differ with respect to the type of formal instrument of harmonization, the material, personal......This article deals with opt-in and opt-out instruments of harmonization, how they apply and compete. It analyses the Private International Law (PIL) issues which arise and bases the analysis on the two instruments of harmonization – the Vienna Convention on Contract for the International Sale...... into these questions and argues, inter alia, that the CISG as a global international convention should have priority over the regional CESL, that the choice of the CESL should be based on a PIL choice of binding European ‘Community rules of law’, that both instruments cannot possible overrule the established PIL...

Demeter's Resilience: an International Food Defense exercise.

Science.gov (United States)

Hennessey, Morgan; Kennedy, Shaun; Busta, Frank

2010-07-01

The National Center for Food Protection and Defense (NCFPD), which is led by the University of Minnesota, hosted an international food defense exercise on 27 to 29 May 2008. Established in 2004, NCFPD is a Department of Homeland Security Center of Excellence with the mission of defending the food system through research and education. Tabletop exercises are practice-based scenarios intended to mimic real life experiences. The objective of the exercise discussed in this article was to facilitate discussion to increase awareness among exercise participants of both the threat that would be posed by an intentional attack on the food supply and the international impact of such an attack. Through facilitated discussion, exercise participants agreed on the following themes: (i) recognition of a foodborne disease outbreak is driven by the characteristics of the illness rather than the actual number of ill individuals; (ii) during the course of a foodborne outbreak there are generally multiple levels of communication; (iii) a common case definition for a foodborne disease is difficult to develop on a global scale; and (iv) the safety and health of all individuals is the number one priority of all parties involved. Several challenges were faced during the development of the exercise, but these were overcome to produce a more robust exercise. The following discussion will provide an overview of the challenges and the strategies used to overcome them. The lessons learned provide insight into how to plan, prepare, and host an international food defense exercise.

Ecosystem Services and International Water Law: towards a more ...

African Journals Online (AJOL)

While key principles of international water law, for example, equitable and reasonable utilisation, are not in conflict with an ecosystem services approach; significant challenges remain in its implementation. However, as the methods and tools used to identify ecosystem services improve, it is likely that such an approach will ...

Exploring International Students' Food Choices Using Photovoice Techniques

Science.gov (United States)

Corcoran, Nova

2018-01-01

This study aimed to explore international student food choices in a semirural setting using participatory photovoice techniques. Eighteen international students took photographs over 7-10 days of a typical food week and then attended a workshop where they completed three photography display and captioning tasks. Ten themes emerged linked to the…

The Supplemental Nutrition Assistance Program: Analysis of Program Administration and Food Law Definitions.

Science.gov (United States)

Pomeranz, Jennifer L; Chriqui, Jamie F

2015-09-01

Under the current version of the Supplemental Nutrition Assistance Program (SNAP), participants can purchase virtually any food or beverage (collectively, food). Research indicates that SNAP recipients may have worse dietary quality than income-eligible nonparticipants. Policymakers have urged the U.S. Department of Agriculture (USDA) to pilot SNAP purchasing restrictions intended to support a healthier diet, and state legislators have proposed similar bills. The USDA rejected these invitations, stating that it would be administratively and logistically difficult to differentiate among products, amid other concerns. However, the USDA's Dietary Guidelines for Americans and the Supplemental Nutrition Program for Women, Infants, and Children (WIC) do just that. Further, state governments define and differentiate among foods and beverages for tax purposes. This paper reviews several factors intended to inform future policy decisions: the science indicating that SNAP recipients have poorer diet quality than income-eligible nonparticipants; the public's support for revising the SNAP program; federal, state, and city legislators' formal proposals to amend SNAP based on nutrition criteria and the USDA's public position in opposition to these proposals; state bills to amend eligible foods purchasable with SNAP benefits; state retail food tax laws; and the retail administration and program requirements for both WIC and SNAP. The paper finds that the government has a clear ability to align SNAP benefits with nutrition science and operationalize this into law. Copyright © 2015 American Journal of Preventive Medicine. Published by Elsevier Inc. All rights reserved.

Biosocial risks of food: international aspects

Directory of Open Access Journals (Sweden)

Paolo Corvo

2017-01-01

Full Text Available Food consumption is influenced by a series of issues that affect both individuals, and people and cultures of the different parts of the world. It studies biosocial risks that have dramatic implications: obesity, anorexia and bulimia; malnutrition and hunger, involving more than 800 million people; the waste food, a real paradox of the global world; the land grabbing. These are very different problems because of causes and dynamics, but all of them require a profound change to be affected: a greater awareness of eating behaviour, an educational action on food topics, an intervention of regulatory institutions, local and international, which guarantees a fair market for products and food sovereignty.

National treatment in international trade: National law and international standards

Directory of Open Access Journals (Sweden)

Divljak Drago

2014-01-01

Full Text Available The subject of the paper is the principle of national treatment, namely one of the basic principles of international trade. The objective is to determine its outreach and contents set in the forms of international trade organising, primarily in the World Trade Organization, from a legal perspective, naturally, all in the context of the Serbian law. The analysis that has been carried out indicates that there is an obvious intention of our legislators to harmonise in principle our legislation with the WTO requirements and standards, which are incomplete themselves and cause disputes that are not resolved in the practice of dispute resolving either entirely or consistently. In our law, a step forward has been made in relation to the situation from the previous relevant legislation, because the application of this principle is extended not only to trade with goods but also to trade with services, and to industrial property rights. However, in the most significant, basic field, namely trade with goods, it is still being done in a general way, by simplifying the entire topic and bringing it down only to protection against discrimination and neglecting the sphere of protectionism. Such acting does not include all the complexity of this matter and it is not entirely harmonised with the WTO requirements. However, a good side of such an approach is that it gives the state more freedom for acting in this sphere, which may be acceptable in the transition period until full membership of Serbia in this organization.

77 FR 530 - Department of State Advisory Committee on Private International Law: Notice of Renewal of Charter

Science.gov (United States)

2012-01-05

... transactions; online dispute resolution; international leasing and franchising; and other topics of current... International Law: Notice of Renewal of Charter The Charter of the Department of State's Advisory Committee on Private International Law has been renewed, effective for a two-year period. Pursuant to the Federal...

Sexual violence in armed conflicts and modern international law

NARCIS (Netherlands)

Eboe-Osuji, C.G.

2011-01-01

Sexual violence in various forms is a particular brand of evil that women have endured during armed conflicts, from time immemorial. It is a problem that has continued to task the conscience of humanity, especially in our times. There has been no shortage of basic laws at the international level

The crisis of international human rights law in the global market economy

NARCIS (Netherlands)

Augenstein, D.H.

2014-01-01

The contribution argues that facticity of the human rights impacts of economic globalisation increasingly undermines the normativity of the state-centred conception of international human rights law. The exposure of the international legal order of states to the operations of global business

The International Law Commission at the Mid-point of its Quinquennium (Survey of its Work in 2014)

Czech Academy of Sciences Publication Activity Database

Šturma, Pavel

-, č. 5 (2014), s. 453-462 ISSN 1805-0565. E-ISSN 1805-0999 Institutional support: RVO:68378122 Keywords : International Law Commission * public international law * programme of the meeting Subject RIV: AG - Legal Sciences

The international law and the pacific uses of the atomic energy

International Nuclear Information System (INIS)

Mora, A.; Gutierrez, I.; Vargas, N.M.

1992-01-01

Contains information about: fundamental aspects of atomic energy; International Atomic Energy Agency; pacific uses of nuclear energy at national and international level; regulation for some risky activities in the pacific uses of radioactive materials; United Nations system for the secure use of atomic energy with pacific purposes; nuclear accidents; responsibility as fundamental element of nuclear law. 207 refs

The Crisis of International Human Rights Law in the Global Market Economy

NARCIS (Netherlands)

Augenstein, Daniel

2014-01-01

The article argues that the facticity of the human rights impacts of economic globalisation increasingly undermines the normativity of the state-centred conception of international human rights law. The exposure of the international legal order of states to the operations of global business entities

Principles of International Economic Law, and the Right to Economic ...

African Journals Online (AJOL)

Nnamdi Azikiwe University Journal of International Law and Jurisprudence. Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives · Journal Home > Vol 2 (2011) >. Log in or Register to get access to full text downloads.

The right to self-determination under international law: The current ...

African Journals Online (AJOL)

Nnamdi Azikiwe University Journal of International Law and Jurisprudence. Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives · Journal Home > Vol 6 (2015) >. Log in or Register to get access to full text downloads.

Legal provisions concerning the handling and disposal of radioactive waste in international and national law

International Nuclear Information System (INIS)

Bischof, W.

1980-01-01

The development and present state of legislation and regulation in the field of handling and disposal of radioactive waste is surveyed. On the basis of the comprehensive collection of all legal sources of atomic energy law, including the radiation protection law of the Institute of Public International Law of the Goettingen University (Germany, F.R.), the report will consider provisions of international organizations (IAEA, OECD-NEA, EURATOM-Basic Norms, ICRP), of international agreements (London, Barcelona, Paris, Helsinki Conventions; civil liability conventions) and of the national law of different countries (USA, UK, France, Germany, F.R. and D.R., Italy, Switzerland, Belgium, the Netherlands, Spain). The following subjects are considered: notion and definition of radioactive waste, license-system for handling, storage and disposal; exemptions; licensing of nuclear installations and waste disposal; obligation to deliver radioactive wastes; centralized interim and final storage installations; penalties. (H.K.)

Russian Law on Discrimination in Employment: Can it be Compatible with International Labor Standards?

Directory of Open Access Journals (Sweden)

Nikita Lyutov

2016-01-01

Full Text Available Law concerning discrimination in employment in Russia was expected to undergo a serious transformation after the fall of the Soviet system, when the Iron Curtain was lifted and the country became more open to Western legal concepts and international law. Nevertheless, most existing anti-discrimination norms in Russian law are based on the traditional concept of “uniformity and differentiation in regulation of labor” that is ill-suited to meet the challenges of amarket economy and the emergence of employment by privately owned enterprises which may have greater motivation to discriminate than state-owned-enterprises. The aim of the author is not to present an encyclopedic overview of all aspects of the topic of discrimination, but rather to concentrate on the most significant areas in which Russian law and practices diverge from international labor standards. To do so, this article analyzes current Russian legislation and landmark cases concerning gender, disability, age and some other areas of discrimination in employment with respect to their effectiveness and conformity to international labor standards on the matter. The issues of a clear definition of discrimination in employment, of protection from indirect discrimination, and of alleviation from the burden of proof are also examined. The author concludes this work by offering the reader several suggestions about how to harmonize Russian domestic law on employment discrimination with international labor standards while giving due respect to national legal and societal traditions and the current economic environment.

A valiant champion of equity and humaneness: the legacy of Bert Röling for international criminal law

NARCIS (Netherlands)

van der Wilt, H.

2010-01-01

The author draws an intellectual portrait of the great Dutch international lawyer and judge. He considers in particular Röling’s contribution to international law made in his two principal works, the booklet on the ‘International Community in an Expanded World’ and The Hague lectures on the ‘Law of

The Principle of Integration in International Sustainable Development Law (ISDL with Reference to the Biological Weapons Convention (BWC

Directory of Open Access Journals (Sweden)

Marina Abdul Majid

2016-02-01

Full Text Available The Biological Weapons Convention (BWC does not explicitly refer to sustainable development despite the fact that other United Nations (UN disarmament documents prescribe that international environmental law principles and sustainable development be considered among arms control agreements. This study’s objective is to utilize the principle of integration’s three components of environmental, economic, and social development, as found in the International Sustainable Development Law (ISDL from the New Delhi Declaration (Delhi Declaration of Principles of International Law Relating to Sustainable Development, in order to evaluate whether the BWC contains such components; thereby, making it possible for the BWC to contribute to sustainable development. The methodology of this study is necessarily qualitative, given that it is a socio-legal research that relies on international agreements such as the BWC, declarations, resolutions, plans of implementation, other non-binding documents of the UN, and secondary resources—all of which are analyzed through a document analysis. The results show that the BWC addresses the environment (Article II, prohibits transfers relating to export controls, international trade, and economic development (Article III, while at the same time, covering social development concerns, health, and diseases that make up the international social law (Article X. Since the BWC is found to be capable of contributing to sustainable development, it is concluded that ISDL cannot be restricted to international environmental, economic, and social law, but should be expanded to include international arms control law.

International Facility for Food Irradiation Technology

International Nuclear Information System (INIS)

Farkas, J.

1982-01-01

The International Facility for Food Irradiation Technology (IFFIT) was set up in November 1978 for a period of five years at the Pilot Plant for Food Irradiation, Wageningen, The Netherlands under an Agreement between the FAO, IAEA and the Ministry of Agriculture and Fisheries of the Government of the Netherlands. Under this Agreement, the irradiation facilities, office space and services of the Pilot Plant for Food Irradiation are put at IFFIT's disposal. Also the closely located Research Foundation, ITAL, provides certain facilities and laboratory services within the terms of the Agreement. The FAO and IAEA contribute US-Dollar 25,000. Annually for the duration of IFFIT. (orig.) [de

International law implications of the detection of extraterrestrial intelligent signals

Science.gov (United States)

Kopal, Vladimir

This paper first considers whether the present law of outer space, as it has been enshrined in five United Nations treaties and other legal documents concerning outer space, provides a satisfactory basis for SETI/CETI activities. In the author's opinion, these activities may serve "the common interest of all mankind in the progress of the exploration and use of outer space for peaceful purposes," as recognized in the 1967 Outer Space Treaty. The use of the radio frequency spectrum for SETI/CETI purposes should be in conformity with the legal principles governing this valuable natural resource, as expressed in the International Telecommunication Convention and related documents, and with allocations of the relevant segments of the spectrum by the competent bodies of the International Telecommunication Union. In the second part the author examines the impact that the detection of extraterrestrial intelligent signals may have on the present body of space law. A possible role for the United Nations in this respect is also explored and a timely interest of the world body in discussing questions relating to this subject is recommended. Consideration of these questions could become a tool helping to concentrate the attention of the world community on problems of common concern and thus to strengthen international cooperation. However, the author believes that a law-making process that would aim at elaborating a special regulation of activities in this field would be premature at this stage. It should be initiated only when the boundary between possibilities and realities is crossed. Finally, the paper outlines some likely transformation in our space law thinking that would be the consequence of the detection of extraterrestrial intelligent signals. Elaboration of the principles and norms to govern relations between the international community of our own planet and other intelligent communities in the universe would add a new dimension to the present body of outer space

Criminal Law

DEFF Research Database (Denmark)

Langsted, Lars Bo; Garde, Peter; Greve, Vagn

<> book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....... book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....

Nuclear law in Morocco: national and international aspects

International Nuclear Information System (INIS)

Nabil, M.

2004-01-01

The use of nuclear technology in medicine, agriculture and industry is very advanced in Morocco. This technological progress has been accompanied by fairly detailed legislation and significant involvement on the part of Morocco in international conventions and agreements. The desire to progress further with regard to research and the use of nuclear energy for peaceful purposes requires a twofold effort: the various pieces of national legislation on nuclear law need to be reformulated to bring them into line with the most recent rules in this sphere; Morocco international undertakings need to be revised in light of its immediate interests, certainly, but also of foreseeable developments, particularly with regard to safety and third party liability. (author)

Risk analysis and the law: international law, the World Trade Organization, Codex Alimentarius and national legislation.

Science.gov (United States)

Horton, L R

2001-12-01

This paper discusses the place of risk analysis in international trade from a US perspective, through looking at the activities of the World Trade Organization and the Codex Alimentarius Commission. After examining what the trade agreements say about risk analysis and how international bodies are advancing and using risk analysis, the paper goes on to assess how risk analysis is used at a national level. Finally, recommendations are made for strengthening international food safety initiatives.

Architectures of intergenerational justice : Human dignity, international law, and duties to future generations

NARCIS (Netherlands)

Riley, Stephen

2016-01-01

This article draws attention to the constitutive requirements of intergenerational justice and exposes the limitations of regulative arguments based on international human rights law. Intergenerational justice demands constraining the regulative freedom of the international community, and it is

32 CFR 635.15 - Release of law enforcement information furnished by foreign governments or international...

Science.gov (United States)

2010-07-01

... 32 National Defense 4 2010-07-01 2010-07-01 true Release of law enforcement information furnished by foreign governments or international organizations. 635.15 Section 635.15 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY (CONTINUED) LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS LAW ENFORCEMENT REPORTING Release of...

Law(yers) congealing capitalism: on the (im)possibility of restraining business in conflict through international criminal law

OpenAIRE

Baars, G.

2012-01-01

The theme of ‘business in conflict’ has become a ‘hot topic’ and the subject of many academic and policy publications. The trend in this literature is to conclude that ‘corporations have (or should have) obligations under international human rights and humanitarian law’ and that ‘corporations must be held to account’ through law, for example for ‘complicity in international crimes’. With this thesis, I aim to present a counterpoint to this literature. Employing dialectics as...

[Brazilian guidelines for marketing baby food: history, limitations and perspectives].

Science.gov (United States)

Monteiro, Renata

2006-05-01

The objective of this paper is to present and discuss Brazilian policy concerning actions to protect breastfeeding, especially the history, international and national background, limitations, and perspectives of the Brazilian Guidelines for the Marketing of Baby Food, Pacifiers and Bottles. The Brazilian Guidelines, which play a crucial role in protecting breastfeeding against industry marketing strategies, were based on the International Code of Marketing of Breastmilk Substitutes, proposed by the World Health Organization in 1981. The first version of the Brazilian Guidelines was released in 1988, and there were subsequent revisions in 1992 and 2001/2002. In 2006, the Guidelines became national law. However, the strides made over this period in terms of regulation have been few because the law is not always observed. Thus, it is essential that all actors involved, including government officials, manufacturers and sellers of baby food and other baby products, teaching and health professionals and their associations, international bodies, and non-governmental organizations make a commitment to enforce the current law.

Comparative evaluation of civil liability conventions on radioactive and oil pollution and liability under international law

International Nuclear Information System (INIS)

Hoche, A.

1988-01-01

In the event of transfrontier radioactive pollution or oil pollution, compensation for damage may be sought under two different liability systems: there is the framework of international law of liability of international persons, and there is the liability regime established by international conventions. The latter system has adopted a very friendly attitude towards the claims of a private victim claiming compensation from the private polluter. The book first sets out the basic principles and practice of the two liability systems, also considering the latest developments and current discussions advocating the acknowledgement of the principle of strict and absolute liability in international law. The relationship of the two systems is the major issue of the book, and the Chernobyl reactor accident has made it a particularly topical issue at that. The problems arising in the wake of this accident have shown the need for clarification in this field. The author suggests as a practical approach a strict separation of the two bases of claims, so that parallel or successive procedure on the level of international law or civil law is possible. Finally the problem of avoiding duplication in the payment of compensation is discussed. (orig./HP) [de

International training workshop on quality control and management of food irradiation

International Nuclear Information System (INIS)

2004-01-01

The International Training Workshop on Quality Control and Management of Food Indantrione was hold from 28-30, August, 2004 in Beijing, China and organized by Chinese Society of Nuclear Agriculture and China Isotope and Radiation Association. 10 Articles were collected in this symposium including training lectures. The contents included: international developments in food irradiation, Quality control and magement of food irradiation, industrializing development of irradiated food in China, Food irradiator and its quality management, research in setting standard for enterprise about irradiated products and etc.

Developing a normative critique of international trade law: special & differential treatment

OpenAIRE

Garcia, Frank J.

2007-01-01

Although the problem of trade and inequality is central to the resolution of the WTO Doha Round and to contemporary trade policy in general, it is currently undertheorized from a normative perspective. In this paper I develop a normative critique of WTO special and differential treatment law, as a case study of how normative political theory can be applied to international economic law. Using Rawls' theory of Justice as Fairness, I argue both that special and differential treatment can play a...

77 FR 31682 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

Science.gov (United States)

2012-05-29

... and business to consumer cross-border electronic commerce disputes. The Working Group is in the process of developing generic ODR procedural rules for resolution of cross-border electronic commerce... International Law (ACPIL)--Online Dispute Resolution (ODR) Study Group The Office of Private International Law...

76 FR 65318 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

Science.gov (United States)

2011-10-20

... International Law (ACPIL)--Online Dispute Resolution Study Group Meeting (ODR) The Department of State, Office of Legal Adviser, Office of Private International Law ACPIL online dispute resolution (ODR) study... development of legal instruments for resolving both business to business and business to consumer cross-border...

Debt and Equity in Domestic and International Tax Law : A Comparative Policy Analysis

NARCIS (Netherlands)

Boer, Martin; Schön, Wolfgang

2014-01-01

The demarcation between debt and equity is a long-standing core constituent of company and taxation law the world over. However, its sustainability for national and international taxation regimes is increasingly the subject of doubt. Domestic and international proposals for reform are directed

Protecting the human right to freedom of expression in international law.

Science.gov (United States)

Howie, Emily

2018-02-01

Since its inclusion in Article 19 of the Universal Declaration of Human Rights, the right to freedom of opinion and expression has been protected in all of the relevant international human rights treaties. In international law, freedom to express opinions and ideas is considered essential at both an individual level, insofar as it contributes to the full development of a person, and being a foundation stone of democratic society. Free speech is a necessary precondition to the enjoyment of other rights, such as the right to vote, free assembly and freedom of association, and is essential to ensure press freedom. However, there is a clear and worrying global trend, including in western democracies, of governments limiting vibrant discussion and debate within civil society and among civil society, political leaders and government. Two examples illustrate this trend. First, anti-protest laws in Australia and the United States threaten the ability of people to stand together and express views on issues they care deeply about. Secondly, metadata retention laws jeopardise press freedom by undermining the confidentiality of journalists' sources and dissuading people from speaking freely on matters of public importance.

A perspective on emerging law, consumer trust and social responsibility in China's food sector: the "bleaching" case study.

Science.gov (United States)

Roberts, Michael T

2011-01-01

Trust underpins the Chinese social system, and yet it is lacking from a Chinese food system that is riddled with safety disasters and disgruntled consumers. Government and industry play a major role in rehabilitating consumer trust in China. To this end, food safety and quality laws have been constructed to foster this process; however, safety scandals continue even in the face of stricter regulations and increased enforcement. A potential toll to abate food-safety problems and to build trust is the implementation of Corporate Social Responsibility ("CSR"). Mandates by the government promote CSR in enterprise activity, including Article 3 of the 2009 China Food Safety Law. Officials have also recently touted the need for "moral education" of operators in the food industry. Regardless of government activity or whether CSR is employed by food enterprises, it is imperative that the food industry recognizes how critical it is to establish trust with Chinese consumers, who increasingly expect safe, quality food. The case study with pistachios highlights this evolving consumer expectation and the principles of social responsibility in the framework of the relationship between government and industry and consumers, while demonstrating the benefits of doing the right thing for food companies doing business in China.

The international law of statehood: craftsmanship for the elucidation and regulation of birth and death in the international society

NARCIS (Netherlands)

d' Aspremont, J.; d' Argent, P.; Bonafé, B.; Combacau, J.

2014-01-01

This article argues the law of statehood is best construed as a delicate elixir which allows international lawyers, not only to make state creation a legal phenomenon worthy of legal investigation, but also to claim control of the volatile phenomenon of births and deaths in the international

The international law of statehood: craftsmanship for the elucidation and regulation of births and deaths in the international society

NARCIS (Netherlands)

d' Aspremont, J.

2014-01-01

This article argues the law of statehood is best construed as a delicate elixir which allows international lawyers, not only to make state creation a legal phenomenon worthy of legal investigation, but also to claim control of the volatile phenomenon of births and deaths in the international

Food Preservation by Irradiation. Vol. II. Proceedings of an International Symposium on Food Preservation by Irradiation

International Nuclear Information System (INIS)

1978-01-01

In the task of alleviating the distress caused by the world-wide food shortage it is essential to preserve what has been grown and harvested in the fields. Clearly all suitable methods for preserving agricultural produce and food should be made use of. In this context treatment with ionizing radiation has proved its value as an environmentally clean, physical method of food preservation which is low in its energy requirement, but the volume of food being processed in this way is still low. The introduction of food irradiation on a global basis poses certain economic, legal, regulatory and health-related questions, the solution of which requires close international collaboration. Such collaboration between many international, intergovernmental and national organizations began over a decade ago. The need for dissemination and discussion of information gained through research and development work on this subject became apparent, and a number of inter-regional meetings were held. The last international symposium on the topic was held jointly by FAO and the IAEA in 1972 in Bombay. To review progress made since then, FAO and the IAEA, together with WHO, convened the present Symposium on 21-25 November 1977. It appeared timely to hold this Symposium for the following reasons: (1) Apart from significant scientific work reported in the literature, progress in other directions between 1972 and 1977 had also been made. For example, the number of food items authorized by governments, with or without restriction, had grown from 19 to 26, and the number of countries accepting one or more irradiated foods for human consumption had increased from 11 to 19. (2) Largely on the basis of the work of the International Project in the Field of Food Irradiation (Karlsruhe), already described at the Bombay Symposium, an international expert committee, jointly convened by FAO, the IAEA and WHO in August-September 1976, had made important statements on the philosophy of wholesomeness studies

Food Preservation by Irradiation. Vol. I. Proceedings of an International Symposium on Food Preservation by Irradiation

International Nuclear Information System (INIS)

1978-01-01

In the task of alleviating the distress caused by the world-wide food shortage it is essential to preserve what has been grown and harvested in the fields. Clearly all suitable methods for preserving agricultural produce and food should be made use of. In this context treatment with ionizing radiation has proved its value as an environmentally clean, physical method o f food preservation which is low in its energy requirement, but the volume of food being processed in this way is still low. The introduction o f food irradiation on a global basis poses certain economic, legal, regulatory and health-related questions, the solution o f which requires close international collaboration. Such collaboration between many international, intergovernmental and national organizations began over a decade ago. The need for dissemination and discussion o f information gained through research and development work on this subject became apparent, and a number of inter-regional meetings were held. The last international symposium on the topic was held jointly by FAO and the IAEA in 1972 in Bombay. To review progress made since then, FAO and the IAEA, together with WHO, convened the present Symposium on 21-25 November 1977. It appeared timely to hold this Symposium for the following reasons: (1) Apart from significant scientific work reported in the literature, progress in other directions between 1972 and 1977 had also been made. For example, the number of food items authorized by governments, with or without restriction, had grown from 19 to 26, and the number of countries accepting one or more irradiated foods for human consumption had increased from 11 to 19. (2) Largely on the basis of the work of the International Project in the Field of Food Irradiation (Karlsruhe), already described at the Bombay Symposium, an international expert committee, jointly convened by FAO, the IAEA and WHO in August-September 1976, had made important statements on the philosophy of wholesomeness

77 FR 23318 - U.S. Department of State Advisory Committee on Private International Law (ACPIL); Online Dispute...

Science.gov (United States)

2012-04-18

... International Law (ACPIL); Online Dispute Resolution (ODR) Study Group Meeting The Office of Private International Law, Office of the Legal Adviser, Department of State hereby gives notice that the ACPIL Online... charged with the development of legal instruments for resolving both business to business and business to...

Does Europe Include Japan? European Normativity in Japanese Attitudes towards International Law, 1854–1945

Directory of Open Access Journals (Sweden)

Urs Matthias Zachmann

2014-01-01

Full Text Available European normativity has been an epistemological problem for Japan throughout modernity (1868–1945. This essay discusses this problem in the case of international law by tracing its reception and application from the beginning, the opening- up of Japan in 1854, until the final demise of its imperialist project in 1945. During this period, Japan was the only non-Western great power in the hitherto all-European concert of powers. International law and the critique of European normativity played a central role in Japan’s ascent to power and confrontation with the West. In the first phase of reception between 1954 and 1905, Japanese attitudes towards international law were marked by an exceptional commitment to and acquiescence with the European standard, in line with Japan’s ambition to »leave Asia«. However, due to its strategic purposes, European normativity was more a means of political expediency than a matter of intrinsic conviction. Moreover, after the initial phase of receiving and practicing the principles of international law with considerable success, many Japanese began to feel a certain estrangement and inner reservation to European standards. Not until 1905, was Japan in a position to gradually challenge Europe. Thus, Japan’s interwar period (1905–1931 was an uneasy combination of outward compliance and inner reservation, a tension that Japan eventually resolved by withdrawing from Europe and trying to build its own autonomous sphere in East Asia after 1931. However, the example of Japanese international lawyers shows that in order to save international law from its ultranationalist critics and enemies, European normativity still remained the central cultural reference, albeit now in its revisionist variant (especially Soviet and Nazi German political thought and subject to a strategic re-interpretation. Thus, from the perspective of Japanese international lawyers, despite the Pan-Asianist pretenses of Japan’s official

Climate engineering field research : The favorable setting of international environmental law

NARCIS (Netherlands)

Reynolds, J.L.(Jesse)

2014-01-01

As forecasts for climate change and its impacts have become more dire, climate engineering proposals have come under increasing consideration and are presently moving toward field trials. This article examines the relevant international environmental law, distinguishing between climate engineering

The application of private international law in the field of labor relationship complicated by a foreign element in the Russian Federation

Directory of Open Access Journals (Sweden)

Matorina T.A.

2017-02-01

Full Text Available the article analyzes urgent issues of application of international law in the field of labor relations. The inclusion of international law in the Russian legal system has become a necessity because at the present time the most universally recognized norms of international law and international treaties can actually be achieved and implemented solely through the judicial system. The main domestic legal norm permitting courts of the Russian Federation to be guided by the provisions contained in international law is set out in part 4 of article 15 of the Constitution of the Russian Federation.

International Implications of Labeling Foods Containing Engineered Nanomaterials

DEFF Research Database (Denmark)

Grieger, Khara D.; Hansen, Steffen Foss; Mortensen, Ninell P.

2016-01-01

To provide greater transparency and comprehensive information to consumers regarding their purchase choices, the European Parliament and the Council have mandated via Regulation 1169/2011 that foods containing engineered nanomaterials (ENMs) be labeled. This review covers the main concerns related...... additives used for decades. We recommend that food industries and food safety authorities be more proactive in communicating with the public and consumer groups regarding the potential benefits and risks of using ENMs in foods. Efforts should be made to improve harmonization of information requirements...... between countries to avoid potential international trade barriers....

The law and economics of international sex slavery: prostitution laws and trafficking for sexual exploitation

OpenAIRE

Jakobsson, Niklas; Kotsadam, Andreas

2013-01-01

International trafficking in humans for sexual exploitation is an eco- nomic activity driven by profit motives. Laws regarding commercial sex influence the profitability of trafficking and may thus affect the inflow of trafficking to a country. Using two recent sources of European cross country data we show that trafficking of persons for commercial sexual exploitation (as proxied by the data sets we are using) is least prevalent in coun...

A Coordinated Approach to Food Safety and Land Use Law at the Urban Fringe.

Science.gov (United States)

Miller, Stephen R

2015-01-01

Much has been written about the rise of the local food movement in urban and suburban areas. This essay tackles an emerging outgrowth of that movement: the growing desire of urban and suburban dwellers to engage rural areas where food is produced not only to obtain food but also as a means of tourism and cultural activity. This represents a potentially much-needed means of economic development for rural areas and small farmers who are increasingly dependent on non-farm income for survival. The problem, however, is that food safety and land use laws struggle to keep up with these changes, waffling between over-regulation and de-regulation. This essay posits a legal path forward to steer clear of regulatory extremes and to help the local food movement grow and prosper at the urban fringe. We must cultivate our garden.

Direct participation in hostilities under international humanitarian law

Directory of Open Access Journals (Sweden)

Alejandro Cometa

2012-01-01

Full Text Available This text gives a brief account of the norms and perceptions regarding IHL (international humanitarian law and Human Rights have been applied in Colombia, and on moving the Colombian government and the Revolutionary Armed Forces of Colombia, FARC-EP, ELN National Liberation and the Army, in which requires the exclusion of civilians from direct attacks in the context of the conduct of hostilities by armed forces in war, these settings are accompanied Martells Clause and Article 3 common.

Legal and Administrative Feasibility of a Federal Junk Food and Sugar-Sweetened Beverage Tax to Improve Diet.

Science.gov (United States)

Pomeranz, Jennifer L; Wilde, Parke; Huang, Yue; Micha, Renata; Mozaffarian, Dariush

2018-02-01

To evaluate legal and administrative feasibility of a federal "junk" food (including sugar-sweetened beverages [SSBs]) tax to improve diet. To assess food definitions and administration models, we systematically searched (1) PubMed (through May 15, 2017) for articles defining foods subject to taxes, and legal and legislative databases as well as online for (2) US federal, state, and tribal junk food tax bills and laws (January 1, 2012-February 28, 2017); SSB taxes (January 1, 2014-February 28, 2017); and international junk food tax laws (as of February 28, 2017); and (3) federal taxing mechanisms and administrative methods (as of February 28, 2017). Articles recommend taxing foods by product category, broad nutrient criteria, specific nutrients or calories, or a combination. US junk food tax bills (n = 6) and laws (n = 3), international junk food laws (n = 2), and US SSB taxes (n = 10) support taxing foods using category-based (n = 8), nutrient-based (n = 1), or combination (n = 12) approaches. Federal taxing mechanisms (particularly manufacturer excise taxes on alcohol) and administrative methods provide informative models. From legal and administrative perspectives, a federal junk food tax appears feasible based on product categories or combination category-plus-nutrient approaches, using a manufacturer excise tax, with additional support for sugar and graduated tax strategies.

Supporting food security solutions | IDRC - International ...

International Development Research Centre (IDRC) Digital Library (Canada)

2013-10-04

Oct 4, 2013 ... Including women in the crusade against hunger ... The knowledge, production practices, and defining of food conservation, preparation, and consumption ... and international leadership in vaccine development and research on human and ... Given equal treatment, farmers will fulfill their potential as worthy ...

The right to a fair appeal in international criminal law

NARCIS (Netherlands)

Djukic, Drazan

2017-01-01

The Right to a Fair Appeal in International Criminal Law – Layman’s Summary A criminal trial does not end after the first judgment of a court. A person is only finally found guilty or innocent after one or more appeals. Appeals thus have an important place in the criminal justice system. However,

INDONESIAN SALVAGE LAW WITHIN THE FRAMEWORK OF CONTEMPORARY MARITIME LAW

Directory of Open Access Journals (Sweden)

Dhiana Puspitawati

2015-12-01

Full Text Available Located in a strategic position, that is between two great oceans and two land masses have made Indonesia a centre of international trade and shipping. In fact, 90% of international trades are carried out through the ocean. It is therefore crucial to assure that the activities in carrying goods across the ocean are incident free. However, if accident happens, assistance from professionals to preserve items of property is desirable. In such, salvage law emerged. This paper discusses comprehensively Indonesian salvage law within the framework of contemporary maritime law. While Indonesian maritime law is mostly based on its national law on the carriage of goods by the sea, in fact, the development of maritime law is highly affected by international practices which are largely based on international conventions and regulations. This research finds that while Indonesian salvage law can be found in Book II Chapter VII article 545-568k Wetboek Van Koophandel or known as Kitab Undang-undang Hukum Dagang (KUHD, which focused narrowly on the value of salved property as the primary measures of success, yet Indonesian salvage law has not been developed in accordance with current international salvage law, which adopted a broader and more balanced approached in both commercial and environmental aspects. Although it is believed that such approached is “culturally unrecognized” in Indonesia, this research argued that since Indonesian waters are part of international waters, all process by waters including salvage should confirm the relevant international practices and regulations. While Indonesia has taken out salvage law from KUHD and regulates it within Act Number 17/2008 on navigation, however, such act only provides one article for salvage stating that salvage will be regulates further by Ministry Regulation. Untill this paper was written no such government regulation produced yet by Indonesia. Since Indonesian waters is the centre of international

The Regulation of Religious Freedom in Indonesia And International Law Perspective

OpenAIRE

BAKHTIAR, HANDAR SUBHANDI

2017-01-01

International Journal Of Law In reality, there are still violations of the rights-violations of religious freedom. The system of democratic societies allow for any differences, including religion, culture and ideology to be communicated and consolidated well. Here in lies the importance of setting and restrictions se in a human rights instruments both internationally and nationally. Through its legal instrument, the mission to ensure security for everyone with neutral behavior or nonpartis...

The Rights of Pastoralist Peoples. A Framework for their Recognition in International Law

Directory of Open Access Journals (Sweden)

Miguel Ángel Martín López

2016-06-01

Full Text Available Pastoralists are one of the most poverty stricken and underdeveloped existing human groups in the world. Until now, having remained practically invisible in the eyes of international law, it is desirable to open a debate concerning the recognition of their rights. The ideal situation would be to create a specific category of rights dedicated expressly to these pastoralist peoples. Therefore, one can surmise that there are two laws that constitute its essential content: the law protecting their way of life and their access rights to the land

Hidden Contradictions and Conditionality: Conceptualisations of Inclusive Education in International Human Rights Law

Science.gov (United States)

Byrne, Bronagh

2013-01-01

The nature of education that children with disabilities should receive has been subject to much debate. This article critically assesses the ways in which the international human rights framework has conceptualised "inclusive education". It argues that the right to education for children with disabilities in international law is…

Canadian International Food Security Research Fund | IDRC ...

International Development Research Centre (IDRC) Digital Library (Canada)

The Canadian International Food Security Research Fund (CIFSRF) invests in scaling up ... for farming families, and improve nutrition throughout the Global South. ... universities, civil society organizations, governments, and the private sector, ...

75 FR 32834 - U.S. Department of State Advisory Committee on Private International Law Study Group Notice of...

Science.gov (United States)

2010-06-09

... DEPARTMENT OF STATE [Public Notice 7041] U.S. Department of State Advisory Committee on Private International Law Study Group Notice of Meeting on the United Nations Commission on International Trade Law (UNCITRAL) Draft Legislative Guide on Secured Transactions and Its Treatment of Security Rights in...

ASSUMING REGULATORY AUTHORITY FOR TRANSNATIONAL TORTS: AN INTERSTATE AFFAIR? A HISTORICAL PERSPECTIVE ON THE CANADIAN PRIVATE INTERNATIONAL LAW TORT RULES

Directory of Open Access Journals (Sweden)

Roxana Banu

2013-02-01

Full Text Available In Tolofson v. Jensen, the Supreme Court of Canada determined that in most cases the law of the place where the tort occurred has exclusive authority to regulate all legal aspects related to it. In developing this choice of law rule, the Supreme Court relied on an analogy between Private International Law and Public International law. This allows Private International Law to claim a structural, neutral function in the distribution of legislative authority in the international realm and to ignore both private law and public law considerations. To best reveal the way in which the Supreme Court injected these limitations into Private International Law by reference to Public International Law, I show the striking similarity between the Supreme Court’s reasoning and several Private International Law writings at the end of the 19th century in Continental Europe. In the context of the extraterritorial tortious activity of multinational corporations, these limitations make Private International Law oblivious to arguments of Corporate Social Responsibility scholars showing that a multinational corporation may legitimately be regulated by the state of its headquarters, even for extraterritorial conduct. Overall, I argue that an overemphasis on legislative authority as a symbol of state sovereignty transforms Private International Law matters generally, and transnational torts in particular, in inter-state affairs, removed from the interests and pleas of the individuals and communities affected by them.   Dans l’arrêt Tolofson c. Jensen, la Cour suprême du Canada a décidé que, dans la plupart des cas, la loi du lieu où le délit a été commis régit exclusivement tous les aspects juridiques qui s’y rapportent. Pour établir cette règle du choix de la loi applicable, la Cour suprême s’est fondée sur une analogie entre le droit international privé et le droit international public. Cela permet au droit international privé de réclamer une

International legal protection of environment in the system of fundamental generally recognized principles of international law

International Nuclear Information System (INIS)

Meherremov, A.A.

2007-01-01

The issue of international legal protection of environment in the system of fundamental, generally recognized principles of international law is analyzed in the article taking into consideration the different opinions in legal scientific researches and international practice. It is concluded that the protection of environment for the present and next generations - is a basic principle of international legal protection of environment. The meaning of this principleis that the countries will take all necessary measures for preservation and promotion of the quality of environment for the present and next generations, as well as rational management of natural resources. Adoption and national legal implementation of specific norms, in conformity with that basic principle, is a main factor in resolution of environmental problemsand ensuring environmental security

Law across nations

DEFF Research Database (Denmark)

of participants keen to work together to promote research and policy development in such a lively forum." - Professor Steve Saxby PhD, Cert Ed., MBCS Professor of IT Law and Public Policy, Solicitor, Deputy Head of School (Research), Faculty of Business and Law, University of Southampton, Editor...... not only the original themes of Legal, Security and Privacy Issues in IT Law and International Law and Trade but more recently two new conferences on International Public and Private Law. The papers in this volume then represent the contributions to all these fields and reflect the strong desire......-in-Chief, The Computer Law & Security Review - The International Journal of Technology Law and Practice (Elsevier), www.elsevier.com/locate/clsr, Editor, The Encyclopedia of Information Technology Law (Sweet & Maxwell), Director ILAWS - Institute for Law and the Web - School of Law, Southampton University, www...

International Environmental Law and Naval War: The Effect of Marine Safety and Pollution Conventions During International Armed Conflict

National Research Council Canada - National Science Library

Boelaert-Suominen, Sonja

2000-01-01

.... The notion that the rules of general international environmental law continue to apply during armed conflict is now well accepted, but the principles that are usually cited remain at a very high level of abstraction...

Indigenous people and International Law practice in Chile: New horizons before the weakening of the authoritarian legacies

Directory of Open Access Journals (Sweden)

Amaya Álvez Marín

2017-08-01

Full Text Available International law, since the 1990s has come to recognize indigenous peoples’ demands. Since then, indigenous people have acquired the status of international legal subject. For Chile, this should have marked a significant departure. The 1990s inaugurated not only the end of the cold war and thus the renewed relevance of international law, but also the return to democratic rule. Following global trends, Chile started to confront the violation of human rights occurring during the dictatorship. But Chile’s colonial past and the demands of indigenous peoples continue to be ignored. We argue that the legacies of authoritarianism in the Chilean practice of international law, explain in part the inability to respond to these demands. We conclude exploring the possibility of disciplinary renewal in in light of the end of the political consensus that marked the Chilean transition to democracy. It remains to be seen if these shifts will render Chilean international lawyers more receptive to indigenous peoples’ demands.

The impact of the definition of the precautionary principle in EU Food Safety Law

NARCIS (Netherlands)

Szajkowska, A.

2010-01-01

Regulation 178/2002 contains a definition of the precautionary principle. This is the first time a legal definition of the principle has been formulated for all EU food law. This fact, however, has been given hardly any attention in literature. It is all the more surprising because the lack of clear

The law of international criminal procedure and domestic war crimes trials

NARCIS (Netherlands)

Sluiter, G.

2006-01-01

This article deals with the question of possible effect of the law of international criminal procedure for domestic war crimes trials. With the increasing number of national prosecutions for war crimes this question will gain in relevance. The article starts with an exploration of the origin and

The role of international institutions in the formation of international bioethical law: UNESCO and the United Nations General Assembly attempt to govern human cloning.

Science.gov (United States)

Kuppuswamy, Chamundeeswari

2007-01-01

This article analyses the international governance of human reproductive cloning. Noting that bioethics is a new field of engagement for international lawyers, it recounts some of the institutional developments in bioethical law making. The role of UNESCO and the United Nations General Assembly is scrutinized and the author discusses the relative merits of the institutions' governance of human reproductive cloning. The author suggests that some international institutions and mechanisms are better suited than others for bioethical law making. The 2005 General Assembly resolution on human cloning is analysed in this context.

Implementation of Intellectual Property Law on the International Space Station

Science.gov (United States)

Mannix, John G.

2002-01-01

Because of the importance of intellectual property rights to the private sector, NASA has developed a reference guide to assist business leaders in understanding how the Intellectual Property Articles of the 1998 Intergovernmental Agreement on the International Space Station will be implemented. This reference guide discusses the statutory, regulatory and programmatic strictures on the deployment, utilization and ownership of intellectual property within the Space Station program. This guide presents an analysis of the intellectual property law aspects of the international agreements and documents pertaining to the International Space Station, and then relates them to NASA's authorities for entering into research and development agreements with private entities. This paper will discuss the reference guide and should aid potential agreement participants in understanding the legal environment for entering into agreements with NASA to fly research and development payloads on the International Space Station.

New System of Food Control in Russia

Science.gov (United States)

Ermakova, Irina V.

Food safety is quite important for human health in all countries. Humanity has the uniform space and must take care about all parts of it. Pollution of one region leads to the same state of others regions through water, land, air, living organisms. The poor-quality or poisoned food products can pollute the territory and influence negatively on the environment. The food security is important, especially, in connection with the possibility of terrorist attacks. The Federal Service of control in sphere of protection of the rights of consumers was formed in Russia in 2004. This Service carries out the activity directly and through the territorial organizations in interaction with administrative structures in food control and inspection, namely in sanitary-epidemiological service, veterinary service, grain service, inspection of trade connections and standardization and certification. The control is carried out on the basis of laws. The law № 29-FZ concerns the quality and safety of foodstuff and how to control it. The law 134-FZ attracted the protection of the rights of legal persons and individual businessmen. The modification of the law №234-FZ about protection of the rights of consumers is connected with new food - GMOs. Great attention is paid to the safety of new food. Private companies also perform analysis of heavy metals, mycotoxins, radiation and the presence of bacteria, virus or genetically modified organisms. We would like to thank the group Pilot Study "Food chain security" for very important work concerning food safety in different countries. They help us to understand internal problems in Russia and to create the cooperation with other countries. All these steps are very important for the protection population from toxic food.

On Isolationism and Exceptionalism: Donald J. Trump, the Neoconservatives and the International Law

Directory of Open Access Journals (Sweden)

Ignacio Odriozola

2017-12-01

Full Text Available The notion of the United States as an “exceptional” country not only has extensive historical and sociological development, but also a vast political backing that has penetrated different government administrations. This has invariably transcended decisions that affect the position of this country in relation to international law. However, there are those who argue that since the inauguration of Donald J. Trump as the new president of the United States, this doctrine has come to an end. For this reason, the author proposes to explore, initially, the concept and the different movements that have arisen around “American exceptionalism”, with a historical, political and international relations approach. Then examines the relationship between the current American president and this notion, analyzes the link between the new administration and the international law, and finally, tries to answer the question: Is it the end of 'American exceptionalism'?

Changes in food neophobia and dietary habits of international students

OpenAIRE

Edwards, John; Hartwell, Heather; Brown, Lorraine

2010-01-01

Background\\ud International study is becoming more prevalent, yet aspects such as food neophobia often militate against the consumption of a nutritionally balanced diet of visiting students. The purpose of this paper, therefore, was to evaluate the extent to which international postgraduate students experience food neophobia, how this might vary by nationality and other demographic characteristics, and how acculturation might manifest itself in students’ dietary behaviour.\\ud Methods\\ud Inter...

Dictionary of International Abbreviations - Environment and Natural Sciences

International Nuclear Information System (INIS)

2003-01-01

The dictionary comprises about 3000 acronyms and abbreviations, with explanations in German and English. Subjects: Chemistry, medicine, geology, air, water, soil, waste, air pollution and noise abatement, chemicals and pollutants, agriculture and food, conservation and landscaping, energy, immission protection, radiation protection and nuclear safety, industry and biotechnology, environmental pollution, waste management and recycling. It is intended as a working and communication tool for a wide range of users in industry, administration, universities, scientists and students, journalists, translators and interested laymen. There is an appendix with supplementary information, i.e. mass, volume, SI units, chemical compounds and formulas, occupational pollutant exposure, food additives, environmental disasters, environmental laws, regulations and specifications, international programmes and organisations for environmental protection, and guidelines of environmental and international law. (orig.) [de

Nuclear Law Bulletin : Index Nbs. 1 to 55

International Nuclear Information System (INIS)

Anon.

1995-01-01

In this book are given the laws concerning the following subjects : the field of application of the Nuclear Conventions, international conventions relating to radioactive marine pollution, international co-operation in the field of radioactive transfrontier pollution, compensation for nuclear damage in OECD Member Countries, spent fuel and radioactive waste management issues, the regulation of food irradiation, the accident at Chernobyl-economic damage and its compensation in Western Europe, development and harmonization of intervention levels in case of a nuclear accident, three negotiations concerning nuclear law, potential liability of contractors working on nuclear safety improvement projects in Central and Eastern Europe, overview of nuclear legislation in Central and Eastern Europe countries, problems raised by the application of the Nuclear Third Party Liability Conventions to radioactive waste repositories. (O.L.)

International medical law and its impact on the ukrainian health care legislation.

Science.gov (United States)

Pashkov, Vitalii; Udovyka, Larysa; Dichko, Hanna

2018-01-01

Introduction: The Ukrainian state has an urgent necessity of rapid search for essentially new legal and organizational forms of the healthcare system, reform of the legal regulation of healthcare services provision. In the context of European integration, the advancement of the medical industry reform is closely related to consideration of international standards and norms of health care. The aim: To study the impact of international medical law on the Ukrainian health care legislation. Materials and methods: International and Ukrainian regulations and documents on health care were used in the research. System and structural, functional and legal comparative methods as well as systematization, analysis and synthesis were determinative in the research process. Review: Systematization of international documents on health care was made. The major problems in the Ukrainian health care legislation were determined in terms of their conformity with the international legislative norms. The expediency of the Medical Code adoption was grounded and its structure was defined. Conclusions: Most health care international acts are ratified by Ukraine and their provisions are implemented in the legislation. Simultaneously, there is a row of problems, which hinder the Ukrainian health care development and place obstacles in the way of European integration. To remove these obstacles, it is expedient to create a codified act - the Medical Code, which would systematize the provisions of the current medical laws and regulations and fill in the existing gaps in the legal regulation of health care.

Development of a Language for International Law: The Experience of Esperanto.

Science.gov (United States)

Harry, Ralph L.

1989-01-01

Recounts the history of interest in developing Esperanto as a lingua franca for international law and diplomacy, beginning with Zamenhof's development of Esperanto and proceeding through the development of a lexicon for the language and through its application to legal issues. Prospects for the future of Esperanto are discussed. (DJD)

Anticipatory action in self-defence: essence and limits under international law

NARCIS (Netherlands)

Tibori Szabó, K.

2011-01-01

The legality of preemptive strikes is one of the most controversial questions of contemporary international law. At the core of this controversy stands the temporal dimension of self-defence: when and for how long can a state defend itself against an armed attack? Can it resort to armed force before

La Base Del Derecho Alimentario Europeo: Una Reflexión Crítica Sobre El Concepto De Alimento No Seguro (The Foundation of European Food Law: A Critical Reflection on the Concept of Unsafe Food)

NARCIS (Netherlands)

Meulen, van der B.M.J.

2014-01-01

This paper is a Spanish language continuation of: B.M.J. van der Meulen, The Core of Food Law, European Food and Feed Law Review 3/2012, pp. 117-125. It has been made at the request of AIBADA, Asociación Iberoamericana para el Derecho Alimentario. The most fundamental notion underlying twelve years

The Cross-fertilization between the Sustainable Development Goals and International Water Law

NARCIS (Netherlands)

Spijkers, O.

2016-01-01

Are the main principles of international water law, as reflected in the Watercourses Convention, sufficiently equipped to motivate States to sustainably manage their freshwater resources? This article suggests that a more pronounced sustainable approach to these principles is desirable. The

The development and effectiveness of international administrative law on the occasion of the thirtieth anniversary of the World Bank Administrative Tribunal

CERN Document Server

2012-01-01

International administrative law, or more precisely the law of the international civil service, has been the focus of increased attention in recent years. A part of the discussion has focused on the design of the justice mechanisms of international organizations, exemplified by the overhaul of the internal justice system of the United Nations in 2009. The internal justice systems of some international organizations have been subjected to scrutiny before some national courts, and the role and contribution of international administrative tribunals to the development of the law continue to be an important part of discussions of good governance and accountability of international organizations. The essays in this book, written by judges, practitioners, academics and other experts, address these and other issues.

"The ladder of the law has no top and no bottom": how therapeutic jurisprudence can give life to international human rights.

Science.gov (United States)

Perlin, Michael L

2014-01-01

In the past two decades, therapeutic jurisprudence (TJ) has become one of the most important theoretical approaches to the law. But, there has, as of yet, been puzzlingly little written about the relationship between TJ and international human rights law. To be sure, there has been some preliminary and exploratory work on the relationship between TJ and international law in general, but virtually nothing on its relationship to international human rights law in a mental disability law context. This paper seeks to focus on this lack of consideration, to speculate as to why that might be, and to offer some suggestions as to how to infuse some new vitality and vigor into this important area of law and social policy. In this article, first, I offer a brief explanation of TJ. Next, I discuss, also briefly, the impact (and the potential future greater impact) of the recently-ratified United Nations Convention on the Rights of Persons with Disabilities (CRPD) on this area. Then, I consider the sparse commentary currently available on the intersection between TJ and international law in general, and will speculate as to why this is so sparse. Then, I offer some thoughts as to the TJ/international human rights law connection, looking specifically at three questions that require far more attention from this perspective (access to counsel, the use of state-sanctioned psychiatry as a tool of political oppression, and the potential redemptive power of the CRPD), and describe a research agenda that scholars might turn to in furtherance of the investigation of the relationships between therapeutic jurisprudence, international human rights law and mental disability law. I conclude by calling on scholars, activists, advocates and practitioners to begin to take this connection seriously in their future work. Copyright © 2014 Elsevier Ltd. All rights reserved.

A Comparison of Characteristics and Food Insecurity Coping Strategies between International and Domestic Postsecondary Students Using a Food Bank Located on a University Campus.

Science.gov (United States)

Hanbazaza, Mahitab; Ball, Geoff D C; Farmer, Anna P; Maximova, Katerina; Farahbakhsh, Jasmine; Willows, Noreen D

2017-12-01

We compared food insecurity status, coping strategies, demographic characteristics, and self-rated health of international and domestic postsecondary students requesting emergency food hampers from a campus food bank (CFB). We collected data from a cross-sectional convenience sample of domestic and international students who accessed the CFB at the University of Alberta. Food insecurity was prevalent (international students: n = 26/27 (96.2%), domestic students: n = 31/31 (100%)). Compared with their domestic peers, international students were less likely to rate their mental health negatively (14.8% vs 38.7%, P = 0.04). The primary income source was government loans (54.8%) for domestic students and research assistantships (33.3%) for international students. To cope with not having enough money for food, the majority of both student groups delayed bill payments or buying university supplies, applied for loans or bursaries, purchased food on credit, or worked more. International students were less likely to ask friends or relatives for food (48.1% vs 77.4%, P = 0.02). Domestic and international students mostly used similar coping strategies to address food insecurity; however, they paid for their education using different income sources. Distinct strategies for international and domestic students are required to allow more students to cover their educational and living expenses.

Topical questions of nuclear energy law from an international point of view

International Nuclear Information System (INIS)

Ziegler, E.

1984-01-01

Apart from the national legal problems, national regulations and developments were discussed with a view to their consequences on an international scale and compared with the regulations of other countries. Subjects: International cooperation, non-proliferation policy, national licensing procedures compared, problems of nuclear power acceptance, liabilities and commercial law in the nuclear fuel cycle, legal and financial problems in nuclear waste management and decommissioning, recent problems of nuclear liability. (orig./HP) [de

Model(ing) Law: The ICTY, the International Criminal Justice Template, and Reconciliation in the Former Yugoslavia

DEFF Research Database (Denmark)

Carlson, Kerstin Bree

2013-01-01

My project uses the case study of the ICTY and reconciliation in the Balkans to address the larger topic of the capacity of international criminal tribunals (ICTs) as transitional justice mechanisms. I argue that the ICTY operates under the (flawed) received wisdom of the IMT at Nuremberg, what I...... term the international criminal justice template. This template accords three transitional justice functions for ICTs beyond (and in conjunction with) their central judicial aim of adjudicating cases: as (1) articulators of progressive criminal law (2) historians and (3) reconcilers or storytellers. My...... and the development of international law and society studies, in order to better theorize and understand the structural and theoretical constraints governing the establishment of legitimacy for international criminal courts....

Legal aspects and international implications of food irradiation

International Nuclear Information System (INIS)

Gerard, Alain.

1977-11-01

This paper reports on the status of work on food irradiation at international level, namely the IAEA/FAO/WHO Vienna recommendations, the proposed EEC directive, and the Codex alimentarius draft standards. It then deals with the legal aspects of the subject, in particular the problems concerning definitions, controls and instructions, and finally reviews the regulations for international trade in irradiated foodstuffs. (NEA) [fr

Computer Network Attack and the Use of Force in International Law: Thoughts on a Normative Framework

Science.gov (United States)

1999-06-01

interpretive consideration. See Vienna Convention, supra note 51, art. 31(3). 69 On economic sanctions, see Paul Szasz , The Law of Economic Sanctions...COMPUTER NETWORK ATTACK AND THE USE OF FORCE IN INTERNATIONAL LAW : THOUGHTS ON A NORMATIVE FRAMEWORK MICHAEL N...Suite 1204, Arlington VA 22202-4302. Respondents should be aware that notwithstanding any other provision of law , no person shall be subject to a

The Concept of Ethnic Minorities. International Law and the German-Austrian Response

Directory of Open Access Journals (Sweden)

Samuel Salzborn

2009-12-01

Full Text Available Following World War I, the League of Nations promoted a liberal system of minority rights conceived on the basis of individual rights and designed to provide human rights protection against discrimination. In reaction to this conception of minorities as deserving democratic protection, an alternate, ethnicallyoriented concept was developed in German-speaking territories, particularly in Germany and Austria, which was based on collective rights and whose goal was ethnically-based legislation (called “Volksgruppenrecht” or “ethnic-group law”. This political concept was gradually developed into a system of international standards. Supporters hoped that ethnically based law would replace international liberal-democratic law. This paper examines how the political paradigm of collective rights was redefined during the 1920s to produce a conceptual system of legal standards, and how successful efforts were in providing a legal foundation for the sociotheoretical concept of “Volksgruppe” (“ethnic group”.

The Right to Freedom of Association in the Workplace: Australia's Compliance with International Human Rights Law

OpenAIRE

Hutchinson, Zoé

2010-01-01

The right to freedom of association in the workplace is a well established norm of international human rights law. However, it has traditionally received insubstantial attention within human rights scholarship. This article situates the right to freedom of association at work within human rights discourses. It looks at the status, scope and importance of the right as it has evolved in international human rights law. In so doing, a case is put that there are strong reasons for states to comply...

International law's effects on health and its social determinants: protocol for a systematic review, meta-analysis, and meta-regression analysis.

Science.gov (United States)

Hoffman, Steven J; Hughsam, Matthew; Randhawa, Harkanwal; Sritharan, Lathika; Guyatt, Gordon; Lavis, John N; Røttingen, John-Arne

2016-04-16

In recent years, there have been numerous calls for global institutions to develop and enforce new international laws. International laws are, however, often blunt instruments with many uncertain benefits, costs, risks of harm, and trade-offs. Thus, they are probably not always appropriate solutions to global health challenges. Given these uncertainties and international law's potential importance for improving global health, the paucity of synthesized evidence addressing whether international laws achieve their intended effects or whether they are superior in comparison to other approaches is problematic. Ten electronic bibliographic databases were searched using predefined search strategies, including MEDLINE, Global Health, CINAHL, Applied Social Sciences Index and Abstracts, Dissertations and Theses, International Bibliography of Social Sciences, International Political Science Abstracts, Social Sciences Abstracts, Social Sciences Citation Index, PAIS International, and Worldwide Political Science Abstracts. Two reviewers will independently screen titles and abstracts using predefined inclusion criteria. Pairs of reviewers will then independently screen the full-text of articles for inclusion using predefined inclusion criteria and then independently extract data and assess risk of bias for included studies. Where feasible, results will be pooled through subgroup analyses, meta-analyses, and meta-regression techniques. The findings of this review will contribute to a better understanding of the expected benefits and possible harms of using international law to address different kinds of problems, thereby providing important evidence-informed guidance on when and how it can be effectively introduced and implemented by countries and global institutions. PROSPERO CRD42015019830.

The first law of black hole mechanics for fields with internal gauge freedom

International Nuclear Information System (INIS)

Prabhu, Kartik

2017-01-01

We derive the first law of black hole mechanics for physical theories based on a local, covariant and gauge-invariant Lagrangian where the dynamical fields transform non-trivially under the action of some internal gauge transformations. The theories of interest include General Relativity formulated in terms of tetrads, Einstein–Yang–Mills theory and Einstein–Dirac theory. Since the dynamical fields of these theories have some internal gauge freedom, we argue that there is no natural group action of diffeomorphisms of spacetime on such dynamical fields. In general, such fields cannot even be represented as smooth, globally well-defined tensor fields on spacetime. Consequently the derivation of the first law by Iyer and Wald cannot be used directly. Nevertheless, we show how such theories can be formulated on a principal bundle and that there is a natural action of automorphisms of the bundle on the fields. These bundle automorphisms encode both spacetime diffeomorphisms and internal gauge transformations. Using this reformulation we define the Noether charge associated to an infinitesimal automorphism and the corresponding notion of stationarity and axisymmetry of the dynamical fields. We first show that we can define certain potentials and charges at the horizon of a black hole so that the potentials are constant on the bifurcate Killing horizon, giving a generalised zeroth law for bifurcate Killing horizons. We further identify the gravitational potential and perturbed charge as the temperature and perturbed entropy of the black hole which gives an explicit formula for the perturbed entropy analogous to the Wald entropy formula. We then obtain a general first law of black hole mechanics for such theories. The first law relates the perturbed Hamiltonians at spatial infinity and the horizon, and the horizon contributions take the form of a ‘potential times perturbed charge’ term. We also comment on the ambiguities in defining a prescription for the total

Commercial Law Reform in territories subject to International Administration. Kosovo & Iraq. Different standards of legitimacy and accountability?

Directory of Open Access Journals (Sweden)

Alejandro Carballo Leyda

2008-01-01

Full Text Available The paper will address questions of legality and accountability of the legislative functions exerted by international territorial administrations1 in the field of commercial law in two recent scenarios that are theoretically different: a UN-authorized mission under Chapter VII of the UN Chart and that of a strictly Occupying Power. No attempt will be made to study other important and interrelated issues, such as the problematic privatizations carried out in Kosovo and Iraq, which do not seem to be compatible with the obligation of administration of public assets (Art. 55 of the 1907 Hague Regulations.This paper will first provide a brief overview of the deep economic legislative reformation that took place in Iraq and Kosovo during the very early stages. Most of the scholar literature focused on criminal law and human rights aspects, leaving aside commercial law reforms; yet, those profound commercial reforms have resulted in a drastic economic transformation from a planned, centrally controlled, socialist system into a liberal, marketoriented, capitalist economy. The radical nature of those changes raises the question of their conformity with relevant international law and the need for public accountability.Part III will then explore the sources of legality invoked so far (namely UN Mandates, International Humanitarian Law, and authority invested by local intervention by the academic world, experts and intervening actors as basis for the commercial reformation in Kosovo and Iraq, and whether the actual results comply with the discretion vested in the temporal administrations by those sources. Finally, in Part IV problems of judicial review and public accountability in relation to the law-making function of those international administrations in Iraq and Kosovo will be considered.

THE HAGUE PRINCIPLES ON CHOICE OF LAW IN INTERNATIONAL COMMERCIAL CONTRACTS

Directory of Open Access Journals (Sweden)

Dimitrios K. STAMATIADIS

2017-01-01

Full Text Available This article is dedicated to the one of the most important questions of the International Commercial Law. As a rule, it is widely accepted that the principle of party autonomy has been adopted, in respect of contractual obligations, by practically all national legislations in their provisions for private international law. At the same time, the Principles are silent regarding the option to choose trade usages as lex causae of the contract, and understandably so, since, from a systematic viewpoint, they cannot form a comprehensive set of rules capable of resolving basic issues of contractual obligations. Author believes that the Principles do not add any significant new features to the legal systems that have already developed and adopted the principle of party autonomy, with the exception of the possible application of non-national law before state courts. As a result, there have been formulated several useful conclusions which can be used in the science of the International Commercial Law.PRINCIPIILE DE LA HAGA PRIVIND ALEGEREA LEGILOR ÎN CONTRACTELE COMERCIALE INTERNAŢIONALEAcest articol este consacrat unor dintre cele mai importante probleme ce fac parte din dreptul internaţional comercial. De regulă, principiul autonomiei părţilor în contract este recunoscut ca unul fundamental în dreptul inter­naţional. Totodată, principiile păstrează tăcerea în ceea ce ţine de opţiunea de a alege uzanţele lex causae ale contrac­tului; prin urmare, ele nu pot fi privite ca reguli comprehensive şi susceptibile de a soluţiona problemele principale ale obligaţiilor contractuale. Autorul este de părere că principiile nu conţin nimic nou pentru legislaţiile naţionale în vigoare, deoarece nu au dezvoltat şi nu au adoptat ceva necunoscut pentru principiul autonomiei care este prevăzut în toate legislaţiile, cu excepţia unei posibile aplicări a legii supra-naţionale în instanţele naţionale de judecată. Prin urmare, au fost

Reforming Investor–State Dispute Settlement: A (Comparative and International) Constitutional Law Framework

NARCIS (Netherlands)

Schill, S.W.

As a result of the steep increase in investment arbitrations, and the problems this has brought to the fore, many reform efforts in international investment law focus on changes to investor–state dispute settlement (ISDS). Reform proposals, however, diverge widely (ranging from exiting the system

FACTUAL INDETERMINACY IN INTERNATIONAL TAX LAW

Directory of Open Access Journals (Sweden)

B. Bogenschneider

2016-01-01

Full Text Available Legal indeterminacy comes in a variety of forms identified here as: (i general legal indeterminacy; (ii factual indeterminacy; and (iii Mach/Feyerabend factual indeterminacy. The concept of general “legal indeterminacy” refers to problems in legal interpretation and has been extensively studied. “Factual indeterminacy” refers to the indeterminacy of facts as a matter of tax law when derived from separately indeterminate fields of law. “Mach/ Feyerabend factual indeterminacy” refers to fact words as derived from legal theory which provide the content for legal interpretation. The “facts” in tax law are not transcendent to law; in addition, the “fact” words of tax law cannot be simply imported from the field of economics. The incremental question of the origins of theory (as discussed by Karl Popper and Albert Einstein is also analyzed here. The theory of tax law originates with “sympathy with experience” or “intellectual love” (tr. Einfühlung of tax law by lawyers as reflected in the special heuristics and practices of the profession. Legal theory accordingly functions in similar fashion to scientific theory where a particular legal theory can be falsified (qua Popper or understood in pluralistic terms by incorporating auxiliary ideas.

Internal Security Cooperation under Functional Expectations: Initial Law Enforcement Europeanization - Case of Finland and Estonia

Directory of Open Access Journals (Sweden)

Ramon Loik

2016-03-01

Full Text Available Law enforcement cooperation as a central part of the EU internal security policy to combat cross-border organised crime and terrorism needs to be more effective by adopting specific provisions and tools. This paper argues that functional expectations require removal of barriers and construction of a common security area, but sometimes better cooperation in practice does not fit, as Europeanization of law enforcement still lacks understanding of objectives, values and principles for improving international trust, consensus, sincere cooperation and effective national coordination. The level of Europeanization of law enforcement could be evaluated as based on the level of implementation of the EU provisions on police cooperation related to practical enforcement, factors promoting or hindering law enforcement and changes in discursive practices due to EU provisions and professional socialisation processes. Some aspects of observed inertia characterizes the slow process of transition or tendencies for absorption in which resilience meets the necessary degree of flexibility allowing for some mutual learning and cooperation, but the result is expectedly a form of accommodation of needful policy requirements in the lack of substantial change perspective.

Proceedings with participation of foreign persons in international procedural law of Russia and Kazakhstan

OpenAIRE

Natalia Erpyleva

2013-01-01

This article is dedicated to one of the most interesting aspects of International Procedural Law – litigation with participation of foreign persons. Author focused on a comparative analysis of Russian and Kazakh legislation concerning the regulation of international procedural relations. Article includes two paragraphs: the first one considers international jurisdiction of Russian arbitrazh courts and Kazakh economic courts on commercial matters; the second one examines the recognition and en...

International law, public health, and the meanings of pharmaceuticalization.

Science.gov (United States)

Cloatre, Emilie; Pickersgill, Martyn

2014-10-02

Recent social science scholarship has employed the term "pharmaceuticalization" in analyses of the production, circulation and use of drugs. In this paper, we seek to open up further discussion of the scope, limits and potential of this as an analytical device through consideration of the role of law and legal processes in directing pharmaceutical flows. To do so, we synthesize a range of empirical and conceptual work concerned with the relationships between access to medicines and intellectual property law. This paper suggests that alongside documenting the expansion or reduction in demand for particular drugs, analysts of pharmaceuticalization attend to the ways in which socio-legal developments change (or not) the identities of drugs, and the means through which they circulate and come to be used by states and citizens. Such scholarship has the potential to more precisely locate the biopolitical processes that shape international agendas and targets, form markets, and produce health.

Generalized internal long wave equations: construction, hamiltonian structure and conservation laws

International Nuclear Information System (INIS)

Lebedev, D.R.

1982-01-01

Some aspects of the theory of the internal long-wave equations (ILW) are considered. A general class of the ILW type equations is constructed by means of the Zakharov-Shabat ''dressing'' method. Hamiltonian structure and infinite numbers of conservation laws are introduced. The considered equations are shown to be Hamiltonian in the so-called second Hamiltonian structu

The Rome II Regulation on the Law Applicable to Non-Contractual Obligations: The European Private International Law Tradition Continued. : Introductory Observations, Scope, System, and General Rules