International Humanitarian Award.

Science.gov (United States)

2017-12-01

The International Humanitarian Award recognizes extraordinary humanitarian services and activism by psychologists, including professional and volunteer work conducted primarily in the field with underserved populations. Award recipients are psychologists who, by their extraordinary service at a difficult time, improve the lives and contribute to the well-being of people in a large or small geographic area anywhere in the world. The 2017 recipient of the APA International Humanitarian Award was selected by the 2016 Committee on International Relations in Psychology (CIRP). The members of the 2016 CIRP were Melissa Morgan Consoli, PhD, and Arpana G. Inman, PhD (Co-chairs); Rehman Abdulrehman, PhD; Gonzalo Bacigalupe, EdD; Frederic Bemak, EdD; Brigitte Khoury, PhD; Susan Nolan, PhD; Nancy Sidun, PsyD; and Danny Wedding, PhD. Dr. Morgan Consoli, Dr. Inman, Dr. Nolan, and Doctor Sidun were members of the subcommittee for the 2017 award. (PsycINFO Database Record (c) 2017 APA, all rights reserved).

Mitigating humanitarian crises during non-international armed conflicts: the role of human rights and ceasefire agreements

OpenAIRE

Lane, Lottie

2016-01-01

Situations of humanitarian crisis are often caused by armed conflicts. Given the prevalence of non-international armed conflicts today, ways of ameliorating these situations are at the forefront of concerns. The international humanitarian law rules governing non-international armed conflict remain much less developed than those for international armed conflicts. This is exacerbated by the lack of direct human rights obligations for non-state armed groups, which makes governing the behaviour o...

INTERVENSI KEMANUSIAAN (HUMANITARIAN INTERVENTION MENURUT HUKUM INTERNASIONAL DAN IMPLEMENTASINYA DALAM KONFLIK BERSENJATA

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emi eliza

2015-11-01

Full Text Available Humanitarian intervention is an attempt to prevent or stop the gross human rights violations with particular strengths (diplomatic and military in a State, either with or without the consent of the State (countries with internal conflict. The problems in this journal are: first, how the arrangement of international law on humanitarian intervention. Secondly, the role of the UN in humanitarian intervention in armed conflicts. The method used is a normative legal research methods with the main source of data collection procedures is a legal substance that contains of normative law. The results showed that the rules of international law on humanitarian intervention by the United Nations stipulated in the UN Charter and general principles of international law. Humanitarian intervention legally justified by following provisions in applicable international law, namely Articles 39-51 of UN Charter. While the role of the UN in humanitarian intervention in armed conflicts carried out by the Security Council as the organ of the United Nations in maintaining peace with the decision issued in the form of a resolution for areas experiencing conflict. Therefore, it takes an international treaty that regulates clearly about humanitarian intervention, so that in practice, remain consistent with the objectives and executive organs of humanitarian intervention. Keywords: Humanitarian Intervention, Security Council of UN, Armed Conflict.

Health Care Providers in War and Armed Conflict: Operational and Educational Challenges in International Humanitarian Law and the Geneva Conventions, Part I. Historical Perspective.

Science.gov (United States)

Burkle, Frederick M; Kushner, Adam L; Giannou, Christos; Paterson, Mary A; Wren, Sherry M; Burnham, Gilbert

2018-04-30

Since 1945, the reason for humanitarian crises and the way in which the world responds to them has dramatically changed every 10 to 15 years or less. Planning, response, and recovery for these tragic events have often been ad hoc, inconsistent, and insufficient, largely because of the complexity of global humanitarian demands and their corresponding response system capabilities. This historical perspective chronicles the transformation of war and armed conflicts from the Cold War to today, emphasizing the impact these events have had on humanitarian professionals and their struggle to adapt to increasing humanitarian, operational, and political challenges. An unprecedented independent United Nations-World Health Organization decision in the Battle for Mosul in Iraq to deploy to combat zones emergency medical teams unprepared in the skills of decades-tested war and armed conflict preparation and response afforded to health care providers and dictated by International Humanitarian Law and Geneva Convention protections has abruptly challenged future decision-making and deployments. (Disaster Med Public Health Preparedness. 2018;page 1 of 7).

Humanitarian Algorithms : A Codified Key Safety Switch Protocol for Lethal Autonomy

OpenAIRE

Nyagudi, Nyagudi Musandu

2014-01-01

With the deployment of lethal autonomous weapons, there is the requirement that any such platform complies with the precepts of International Humanitarian Law. Humanitarian Algorithms[9: p. 9] ensure that lethal autonomous weapon systems perform military/security operations, within the confines of International Humanitarian Law. Unlike other existing techniques of regulating lethal autonomy this scheme advocates for an approach that enables Machine Learning. Lethal autonomous weapons must be ...

The Implications of Transnational Cyber Threats in International Humanitarian Law: Analysing the Distinction Between Cybercrime, Cyber Attack, and Cyber Warfare in the 21st Century

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Faga Hemen Philip

2017-06-01

Full Text Available This paper is an attempt to draw distinctive lines between the concepts of cybercrime, cyber-attack, and cyber warfare in the current information age, in which it has become difficult to separate the activities of transnational criminals from acts of belligerents using cyberspace. The paper considers the implications of transnational cyber threats in international humanitarian law (IHL with a particular focus on cyber-attacks by non-state actors, the principles of state responsibility, and the implications of targeting non-state perpetrators under IHL. It concludes that current international law constructs are inadequate to address the implications of transnational cyber threats; the author recommends consequential amendments to the laws of war in order to address the challenges posed by transnational cyber threats.

International Humanitarian intervention in Kosovo

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Valmir Hylenaj

2016-03-01

Full Text Available Humanitarian intervention in Kosovo did not happen by any geopolitical interest, but simply by an entirely humanitarian character which is closely connected with democratic principles, human rights, and the lack of moral order. Except for damages, massacres and destruction by fire of very sophisticated military artillery, Serbian army and police have forced with violence more than thousands of Kosovo Albanians to leave their home (Pllana, 2010, 241. With humanitarian intervention, NATO had shown it was ready to defend universal human values as the fundamental principle of humanity (free life. Main purpose of this article is an analysis of the international human intervention in Kosovo

International and European Security Law

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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.

Hassan v United Kingdom: The Interaction of Human Rights Law and International Humanitarian Law with regard to the Deprivation of Liberty in Armed Conflicts

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Cedric De Koker

2015-08-01

Full Text Available In 'Hassan' v 'United Kingdom', the Grand Chamber of the European Court of Human Rights reviewed the deprivation of liberty of a young male by British armed forces during the phase of active hostilities in Iraq, which had raised issues relating to extraterritoriality, the right to liberty and security in times of armed conflict and the relationship between international humanitarian law (IHL and human rights law (HRL.1 In its judgment of 16 September 2014, the Court ruled that by reason of the co-existence of the safeguards provided by IHL and by the European Convention on Human Rights (ECHR in time of armed conflict, the grounds of permitted deprivation of liberty found in both bodies of law should, as far as possible, be accommodated and applied concomitantly. The greatest merit of the judgment is that for the first time it explicitly offered its view on the interaction between IHL and HRL and did not rely on the lex specialis principle, the traditional but flawed method for explaining the relationship between these spheres of law. However, the judgment is also a missed opportunity as the Court limited its analysis to the case at hand and provided limited guidance for the future, leaving a number of questions unaddressed.

The implications of transnational cyber threats in international humanitarian law: analysing the distinction between cybercrime, cyber attack, and cyber warfare in the 21st century

OpenAIRE

Faga, Hemen Philip

2017-01-01

This paper is an attempt to draw distinctive lines between the concepts of cybercrime, cyber-attack, and cyber warfare in the current information age, in which it has become difficult to separate the activities of transnational criminals from acts of belligerents using cyberspace. The paper considers the implications of transnational cyber threats in international humanitarian law (IHL) with a particular focus on cyber-attacks by non-state actors, the principles of state responsibility, and t...

Legal Permissibility of Unilateral Humanitarian Interventions

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Petra Perisic

2013-03-01

Full Text Available The paper explores the status of unilateral humanitarian interventions in international law. The United Nations Charter prohibits the use of force, except in case of self-defense and the collective action authorized by the Security Council. The question is whether the non-existence of unilateral humanitarian intervention among these exceptions means that they are not in conformity with the Charter and if so, whether the right to such interventions exists as the part of customary law. The issue has become even more controversial after the adoption of the “responsibility to protect” principle. Findings of legal scholars on this issue differ significantly. This paper analyzes and interprets the Charter provisions in order to answer the question of compatibility of humanitarian interventions with the Charter and examines the state practice in order to conclude whether the customary law rule allowing the humanitarian intervention exists. The conclusion of the paper is that there is no evidence to support the contentions that interventions without the Security Council authorization are permissible, although there are elements which point to the possibility of the creation of customary law allowing them.

The Fusion of International and Domestic Law in a Globalised World

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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

Health Care Providers in War and Armed Conflict: Operational and Educational Challenges in International Humanitarian Law and the Geneva Conventions, Part II. Educational and Training Initiatives.

Science.gov (United States)

Burkle, Frederick M; Kushner, Adam L; Giannou, Christos; Paterson, Mary A; Wren, Sherry M; Burnham, Gilbert

2018-05-07

ABSTRACTNo discipline has been impacted more by war and armed conflict than health care has. Health systems and health care providers are often the first victims, suffering increasingly heinous acts that cripple the essential health delivery and public health infrastructure necessary for the protection of civilian and military victims of the state at war. This commentary argues that current instructional opportunities to prepare health care providers fall short in both content and preparation, especially in those operational skill sets necessary to manage multiple challenges, threats, and violations under international humanitarian law and to perform triage management in a resource-poor medical setting. Utilizing a historical framework, the commentary addresses the transformation of the education and training of humanitarian health professionals from the Cold War to today followed by recommendations for the future. (Disaster Med Public Health Preparedness. 2018;page 1 of 14).

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.

The Scope of the Obligation to Respect and to Ensure Respect for International Humanitarian Law

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Tomasz Zych

2009-10-01

Full Text Available This article disputes what seems to have become the dominant interpretation of the obligation to respect and to ensure respect for International Humanitarian Law, as codified in common Article 1 of the Geneva Conventions and in Article 1(1 of Additional Protocol I. According to this dominant interpretation, States are required to take all appropriate measures to ensure that IHL is observed universally, including by other States and by non-State actors operating in other States. It is argued that the intention of the High Contracting Parties, coupled with their subsequent practice, calls for a much more narrow interpretation of that obligation. Cet article conteste ce qui semble être devenue l’interprétation dominante de l’obligation de respecter et de faire respecter le Droit International Humanitaire, tel que codifiée à l’article 1 commun aux Conventions de Genève et à l’article 1(1 du Protocole additionnel I. Selon cette interprétation dominante, les États doivent prendre toutes les mesures appropriées pour assurer que le DIH soit observé de façon universelle, y compris par d’autres États ainsi que par des acteurs non étatiques qui opèrent à l’intérieur d’autres États. On soutient que l’intention des Hautes Parties contractantes, en conjonction avec leur pratique subséquentes, laisse entendre une interprétation beaucoup plus étroite de cette obligation.

Proposals for regulating future humanitarian interventions

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Raičević Nebojša

2014-01-01

Full Text Available Although the legality of approved humanitarian intervention is undisputable in the positive international law, this legal institute should be further regulated in order to remove certain legal ambiguity and difficulties in its application. The future regulation of humanitarian intervention may be carried out in one of the three ways: by adopting a special international treaty, by entering amendments in the UN Charter, or by embarking on the factual revision of the UN Charter. Due to the limiting effects of Article 103 of the UN Charter as well as the problematic status of UN member states which would not ratify the international agreements on humanitarian intervention, the regulation of future humanitarian intervention seems to be the least likely option. Formal revision of the UN Charter is not a viable option either because, thus far, the major world powers have been against introducing any substantial changes to this treaty. For this reason, the factual revision of the UN Charter is currently the most appropriate way of regulating future humanitarian interventions. When it comes to substantive rules governing humanitarian intervention, it is necessary to focus on the problem of humanitarian intervention decision-making as well as on the conditions and criteria for the approval and carrying out a humanitarian intervention. The UN Security Council must retain the right to decide on approving such an intervention but it is also necessary to establish an independent expert body whose task would be to determine the presence of serious and mass violations of human rights in a specific country and notify the Security Council about such occurrences. The specification of conditions and criteria for undertaking a humanitarian intervention should strengthen its legitimacy and prevent unreasonable disruption of states' territorial integrity and political independence.

Humanitarian Intervention and State Sovereignty: Case Study of Darfur

National Research Council Canada - National Science Library

Daly, A. L

2008-01-01

.... States could conduct acts of genocide against their own population with impunity. After the intervention in Kosovo and the genocide in Rwanda, international law evolved to allow humanitarian intervention...

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...

Imprescribility of the action and the disciplinary sanction by violation of human rigths and infractions to the humanitarian international right.

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Tania Milena Daza-Márquez

2010-06-01

Full Text Available This article puts forward an analysis of the problem of the imprescriptibility of action and disciplinary sanctions for grave violations of human rights and international humanitarian law, committed by civil servants, particularly, members of the Military Forces and the National Police. The study deals with the regulation of disciplinary action for grave conduct within the disciplinary regime applicable to the Public Forces over the past thirty years and in the current Code of Practice on Disciplinary and Grievance Proceedures. I also illustrate the legal, political, social and economic consequences—for the Colombian State—of investigation and disciplinary sanctions for crimes against humanity or war crimes being ommitted or delayed through negligence of State offi- cials. The declaration of a prescription may be considered a means to impunity for administrative sanctions and, in turn, provides proof of the State’s failure to comply with International committments that guarantee and protect Human Rights and International Humanitarian Law. Finally, given the controversy regarding diciplinary imprescriptibility, this paper proposes a llegal reform which extends the term of prescription in order to preserve the rights of victims and the disciplined.

International humanitarian actors and governments in areas of conflict: challenges, obligations, and opportunities.

Science.gov (United States)

Harvey, Paul

2013-10-01

For too long international humanitarian aid has neglected the primary responsibility of the state to assist and protect its citizens in times of disaster. A focus on the role of the state in contexts where governments are active parties to a conflict and are failing to live up to these responsibilities is difficult and underpins many of the recurring dilemmas of humanitarian action. The fundamental principles of humanitarian action should offer a framework for principled engagement with governments in situations of conflict but too often they are still interpreted as shorthand for ignoring governments. Using principles to inform engagement with both states and other international actors engaged in crises could provide a way forward. However, this would need to be a humanitarian agenda that engages with developing country governments, with non-OECD (Organisation for Economic Co-operation and Development) donors, and with the stabilisation and security agendas of Western governments, and not one that attempts to ring-fence an ever-shrinking isolationist humanitarian space. © 2013 The Author(s). Disasters © Overseas Development Institute, 2013.

Responding to chemical weapons violations in Syria: legal, health, and humanitarian recommendations.

Science.gov (United States)

Brooks, Julia; Erickson, Timothy B; Kayden, Stephanie; Ruiz, Raul; Wilkinson, Stephen; Burkle, Frederick M

2018-01-01

The repeated use of prohibited chemical weapons in the Syrian conflict poses serious health, humanitarian, and security threats to civilians, healthcare personnel, and first responders. Moreover, the use of chemical weapons constitutes a clear and egregious violation of international law-likely amounting to a war crime-for which continued impunity is setting a dangerous precedent in relation to current and future conflicts. This debate article calls upon concerned states, organizations, and individuals to respond urgently and unequivocally to this serious breach of international legal and humanitarian norms. Based on health, humanitarian, and legal findings, this article calls for concrete action to: 1) reduce the risk of chemical weapons being used in current and future conflicts; 2) review and support the preparedness equipment and antidote supplies of first responders, humanitarian organizations, and military forces operating in Syria; 3) support international mechanisms for monitoring and enforcing the prohibition on chemical weapons, including through criminal accountability; 4) support civilian victims of chemical weapons attacks, including refugees; and 5) re-commit to the complete elimination of chemical weapons in compliance with the Chemical Weapons Convention (1993), a comprehensive treaty that bans chemical weapons and requires their complete destruction. All involved states and organizations should take urgent steps to ensure the protection of the most vulnerable victims of conflict, including victims of chemical weapons attacks in Syria, and to reinforce international law in the face of such serious violations.

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

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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.

SOCIAL AND HUMANITARIAN ISSUES IN INTERNATIONAL STUDIES: THE RUSSIAN PERSPECTIVE

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M. M. Lebedeva

2018-01-01

Full Text Available Since the end of the 20th century, with the increasing role of the human factor in the world, the importance of the social and humanitarian component in world politics has also increased. This manifested itself not only in humanitarian and social issues, but also in the fact that the human factor has become an important component of other issues, including military and economic ones. The analysis of the Russian international studies on social and humanitarian issues in the article has been carried out in two main areas related to each other: 1 soft power and public diplomacy; 2 human capital. Various approaches to understanding soft power and public diplomacy in Russia are analyzed under the framework of the first area. It is shown that rather often both these terms are understood as informational and propagandistic influence on the societies of other coun­tries. In this regard, in recent years, Russian authors have paid special attention to the issues of information and hybrid wars. Russian researches on human capital in quantitative terms is much inferior to the research of the first area. At the same time Russian works on the issues of the role of higher education, its use as a soft power were to a great extend a pioneer ones. The main conclusion of the article is that humanitarian issues do not occupy the some prominaut place in the international studies they do in real life world politics.

DÍAZ BARRADO, Cástor M., FERNÁNDEZ LIESA, Carlos R., RODRÍGUEZ-VILLASANTE y PRIETO J. L. (Coords ., International Humanitarian Law and Human Rights. Reflections about the Colombian Conflict. Pamplona, Thomson Reuters, 2013, ISBN: 978-84-470-4601-0, 736pp

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Claudia Cárdenas Aravena

2014-10-01

Full Text Available This collective work, prefaced by Mario Villarroel Lander, is the product of the research project "Dissemination and implementation of international humanitarian law in Colombia", of the CAP call of the Spanish Agency for International Cooperation (2012-2013, assigned to the Institute of International and European Studies Francisco de Vitoria of the Carlos III University of Madrid. Indeed, important part of the 24 texts that make up the work are dedicated to the Colombian conflict or have references to it.

Immigrant Rights in Iran and Canada and International Law

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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.

BOOK REVIEW - International Law and Child Soldiers by Gus Waschefort

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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

Place Of Canon Law Of The Russian Empire In The System Io Humanitarian

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Alexandra A. Dorskaya

2014-12-01

Full Text Available In the present article author examines place of canon law in the system of humanitarian sciences in the Russian Empire at the end of XVIII - early XX centuries. Author reveals interaction of canon law with philosophy, philology, jurisprudence. In particular, author shows influence of various philosophical schools on the development of the canon law science, value of foreign researches translation for the development of national science of canon law starting from the end of the XVIII century. It is found that all researchers in the field of canon law had special scientific works on philosophy. Interference of cannon law and theological science – dogmatic theology, moral theology, liturgy, church geography, chronology, statistics, history, archeology, pastoral theology is considered. In the article works of leading specialists in the field of canon law the second half of XIX - early XX centuries that were left as a significant legacy after the Archimandrite Gabriel, I.S. Berdnikova, N.A. Zaozerskii, I.M. Skvortsov and others are analyzed. In conclusion author shows complexity and urgency of the problem in the process of church (canon law study at the present stage, when there is some struggle between the secular and religious science.

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

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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.

Human Rights in Armed Conflicts and Constitutional Law

OpenAIRE

Antonios Maniatis

2017-01-01

The main purpose of this paper is to determine the impact of both International Humanitarian Law and anti-piracy International Law on Constitutional Law. International Law is endowed with a rich set of norms on the protection of private individuals in armed conflicts and copes with the diachronic crime of maritime piracy, which may be considered as a private war in the high seas. Constitutional Law has been traditionally geared at two generations of fundamental rights. The paper will aim at a...

Between international donors and local faith communities: Intermediaries in humanitarian assistance to Syrian refugees in Jordan and Lebanon.

Science.gov (United States)

Kraft, Kathryn; Smith, Jonathan D

2018-06-12

This paper explores the crucial part that faith-based organisations (FBOs) play in acting as intermediaries between international donors and local faith communities (LFCs) implementing humanitarian relief projects for Syrian refugees. Humanitarian responses to the mounting Syrian refugee crisis have coincided with greater collaboration between international donors and LFCs. This cooperation often is facilitated by a complex web of non-state intermediaries at the international, national, and local level. This study probes the breadth of roles of these intermediaries, drawing on primary data from case studies of two Christian intermediaries supporting Christian LFCs as they deliver aid primarily to Muslim Syrian refugees in Jordan and Lebanon. The results of the study are connected to the wider literature on LFCs in humanitarian response, revealing how intermediaries address issues of accountability, capacity-building, impartiality, neutrality, and professionalism. The paper concludes by offering suggestions for further research on intermediaries as key actors in the localisation of humanitarian assistance. © 2018 The Author(s). Disasters © Overseas Development Institute, 2018.

The International Humanitarian Response to the Refugee Crisis Along the Balkan Route in the View of Strategies of International Organizations

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Latifi Veton

2017-06-01

Full Text Available Being one of the largest movements of displaced people through European borders since World War Two, the Syrian refugee crisis of 2015 and 2016, tested the coordination of the states and international organizations, and as well as the strategies for response of the latter to such enormous fluxes of displaced people along the Balkan corridor. The quick on-time reaction of the specialized humanitarian international organizations made significant achievements by the international organizations in terms of humanitarian assistance for the refugees and support for the governments of the region. Their approach mainly sought to create a partnership with the governments of the Balkan route in handling the serious humanitarian challenges (with a different strategy compared to other experiences, mainly this time through providing assistance and protection to the refugees throughout the corridor of the refugee crisis, it showed how important is such coordination at the end, with an aim to avoid further human catastrophes along refugee routes, and to avoid major security repercussions for the countries of the region.

The war in Gaza: A humanitarian crisis

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Mahomed Sathar

2014-11-01

Full Text Available Justice, sovereignty and self-determination for all human beings are fundamental foundations for healthcare and human rights. In any civilised society, the balance between medical ethics and human rights is critical for the delivery of healthcare. War is a deeply ethical issue. Combatants, whose violations of international conventions, laws and codes of ethics during war and political conflict are detrimental to civilian non-combatants, including healthcare workers, commit crimes against humanity. The war in Gaza is a humanitarian crisis.

A Review of 'Humanitarian Intervention and Legitimacy Wars: Seeking Peace and Justice in the 21st Century'

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Leah Merchant

2015-01-01

Full Text Available In his book Humanitarian Intervention and Legitimacy Wars: Seeking Peace and Justice in the 21st Century, Richard Falk argues that, with the growing prevalence of soft power, historical lessons of asymmetric warfare and legitimacy wars must be taken into account. Falk rejects the realist notion that the state is the only rational actor, offering a more constructivist approach that focuses on the norms, culture and morality of the international community. He asserts that humanitarian intervention is on the decline, and legitimacy wars are increasing. Much of this legitimacy is based on international law and its relevance in the international community.

Challenges imposed by International Environmental Law to Classical International Law

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Fabian Augusto Cárdenas Castañeda

2010-05-01

Full Text Available The emergence of international environmental law has produced important challenges to the very foundations of public international law. Traditional concepts such as state sovereignty, subjects of international law, and the early perspectives of national security are being transformed. The needs of the contemporary international society differ from the ones of the Wesphalian conception, situations which clearly explains the raise of alternative views for the understanding of the current dynamics of international law, where concepts like res communis, common concerns and simply “commons” take a privileged place in the study of international law. The foregoing has been strengthened by the international development of the so called erga ommnes obligations, label which is being used by international environmental law as the perfect explanation of its own existence. This academic article presents and studies the abovementioned concepts trying to compare what international law used to be before the emergence of international environmental law and what it is and what it should be in order to attend the developments and challenges imposed by the contemporary international society, particularly by international environmental law, a new fi eld of the corpus juris of public international law.

War, Law and Order - Case Study: Australian Whole-of-Government Efforts to Develop the Security and Criminal Justice Sectors in Stabilization

Science.gov (United States)

2012-05-01

fashion - or they may even 48 be contributing to the deficit because of political mo- tivations or corruption, as was the case in the Solo- mon...international protection of human rights. Gretchen Kewley, Humanitarian Law in Armed Conflicts, Victorian Commercial Teachers Association Publishing...as International Committee of the Red Cross guideline documents. 89. Gretchen Kewley, Humanitarian Law in Armed Conflicts, Victorian Commercial

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

OpenAIRE

Garcia, Kelli K.; Gostin, Lawrence O.

2012-01-01

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 infl...

Globalisation, complex humanitarian emergencies and health.

Science.gov (United States)

O'Dempsey, T J D; Munslow, B

2006-01-01

A new political economy of conflict has emerged in the aftermath of colonialism and the Cold War. Complex political emergencies have been simmering in the post-colonial world for more than three decades. Intra-country armed conflict, often combined with natural disasters, at present contributes to the displacement of over 20 million people world-wide. The international community remains profoundly uncomfortable with the complex political emergencies of the new era, torn between the respect for national sovereignty upon which the international political system of the United Nations and other agencies is built, and the growth of concern with human rights and a burgeoning International Humanitarian Law. Globalisation may have brought many benefits to some but there are also many losers. The Word Bank and the International Monetary Fund imposed structural adjustment policies to ensure debt repayment and economic restructuring that have resulted in a net reduction in expenditure on health, education and development. A downward spiral has been created of debt, disease, malnutrition, missed education, economic entrapment, poverty, powerlessness, marginalization, migration and instability. Africa's complex political emergencies are particularly virulent and tenacious. Three examples that are among the most serious humanitarian emergencies to have faced the world in recent times--those in Angola, the Democratic Republic of Congo and Sudan--are reviewed here in detail. The political evolution of these emergencies and their impact on the health of the affected populations are also explored.

International Investment Law and EU Law

DEFF Research Database (Denmark)

regional economic integration agreements, International Competition Law, International Investment Regulation, International Monetary Law, International Intellectual Property Protection and International Tax Law. In addition to the regular annual volumes, EYIEL Special Issues routinely address specific...... current topics in International Economic Law. The entry into force of the Lisbon Treaty entails sweeping changes with respect to foreign investment regulation. Most prominently, the Treaty on the Functioning of the European Union (TFEU) now contains in its Article 207 an explicit competence...... for the regulation of foreign direct investment as part of the Common Commercial Policy (CCP) chapter. With this new competence, the EU will become an important actor in the field of international investment politics and law. The new empowerment in the field of international investment law prompts a multitude...

Specifics of international humanitarian operation

Directory of Open Access Journals (Sweden)

I. V. Patlashynska

2016-06-01

Therefore, the author stresses that despite the difference in approach, understanding the role and place of humanitarian operations in world politics, аnd their impact on the promotion of human rights and freedoms as essential moral guidance is extremely large.

Impact of international humanitarian service-learning on emerging adult social competence: A mixed-methods evaluation

Directory of Open Access Journals (Sweden)

Paul Schvaneveldt

2016-09-01

Full Text Available This article presents the results from a study into international humanitarian service-learning experiences on young adult volunteers. Specifically, the service-learning experiences of emerging adults who had served in orphanages in Latin America were assessed, in a pre- and post-test design, for their development in areas of social competency such as identity, self-efficacy, self-esteem and ethnocentric attitudes. A mixed-methods design using both qualitative and quantitative measures was used. Both qualitative and quantitative results identified significant and important impacts on the development of the social competencies of these emerging adults. In addition, several qualitative themes illustrated that longer term international service-learning experiences have a profound impact on the social competence of emerging adults. Keywords: International humanitarian service, service-learning, emerging adult competency

The international law commission and international environmental law

International Nuclear Information System (INIS)

Ramcharan, B.G.

1975-01-01

If the oceans are destroyed through pollution there will be nothing left to manage. Protection against pollution is thus a fundamental aspect of ocean management. What legal principles are available for the protection of the oceans. This paper brings together the relevant practice of the foremost international body responsible for the codification and development of international law: the International Law Commission. It describes the work of the Commission concerning: 1) pollution of the high seas; 2) pollution of international watercourses; and 3) international responsibility for environmental hazards. It concludes by expressing the hope that the Commission will further study, codify and develop international environmental law

NATO Intervention in Kosovo in light of Security Council Actions and International Law

Directory of Open Access Journals (Sweden)

MA. Arben Salihu

2013-12-01

Full Text Available The horrors of World War Two made it universally clear that the world cannot progress without general respect for human rights. Still, the need for humanitarian intervention arose several times before 1999, but international political and military organisations including the UN, were either late or hesitant to prevent genocides or other related human catastrophes worldwide. The NATO intervention in Kosovo, however, marked the beginning of the new era in international relations. The facet of this intervention in view of legality is the topic of this paper. The aim of this study, above all, is to analyze the Security Council actions, debates and resolutions concerning situation in Kosovo, and the level of impact that the military operation had in international law (in particular and international relations (in general.  The study uses many authentic documents issued by the United Nations Security Council itself and other material related to the theme in order to develop an argument on the points raised. Throughout, this research paper has attempted to answer numerous issues related to the topic and offer a balanced view on the all the themes examined. Several but distinct points raised focus on relevant core subjects, discuss the challenges and opportunities of the humanitarian intervention and offer recommendations regarding the future of such operation for the well being of the humanity.

Pipelines explosion, violates Humanitarian International Right

International Nuclear Information System (INIS)

Carta Petrolera

1997-01-01

Recently and for first time, an organism of the orbit of the human rights put the finger in the wound of the problem that represents for Colombia the pipelines explosion and the social and environmental impact that those actions in this case the Defense of the People office, the institution that published a document related this denounces, in the one that sustains that the country it cannot continue of back with a serious and evident reality as the related with the explosions of pipelines. We are the only country of the world where happen these facts and enormous losses are not only causing to the Colombian economy, but rather our environmental wealth is affecting, the document, denounced the ignorance of the humanitarian international right on the part of those who apply to that class of attacks

A Research Agenda for Humanitarian Health Ethics

Science.gov (United States)

Hunt, Matthew; Schwartz, Lisa; Pringle, John; Boulanger, Renaud; Nouvet, Elysée; O'Mathúna, Dónal; Arya, Neil; Bernard, Carrie; Beukeboom, Carolyn; Calain, Philippe; de Laat, Sonya; Eckenwiler, Lisa; Elit, Laurie; Fraser, Veronique; Gillespie, Leigh-Anne; Johnson, Kirsten; Meagher, Rachel; Nixon, Stephanie; Olivier, Catherine; Pakes, Barry; Redwood-Campbell, Lynda; Reis, Andreas; Renaldi, Teuku; Singh, Jerome; Smith, Maxwell; Von Schreeb, Johan

2014-01-01

This paper maps key research questions for humanitarian health ethics: the ethical dimensions of healthcare provision and public health activities during international responses to situations of humanitarian crisis. Development of this research agenda was initiated at the Humanitarian Health Ethics Forum (HHE Forum) convened in Hamilton, Canada in November 2012. The HHE Forum identified priority avenues for advancing policy and practice for ethics in humanitarian health action. The main topic areas examined were: experiences and perceptions of humanitarian health ethics; training and professional development initiatives for humanitarian health ethics; ethics support for humanitarian health workers; impact of policies and project structures on humanitarian health ethics; and theoretical frameworks and ethics lenses. Key research questions for each topic area are presented, as well as proposed strategies for advancing this research agenda. Pursuing the research agenda will help strengthen the ethical foundations of humanitarian health action. PMID:25687273

A Rights-based Approach to Information in Humanitarian Assistance.

Science.gov (United States)

Scarnecchia, Daniel P; Raymond, Nathaniel A; Greenwood, Faine; Howarth, Caitlin; Poole, Danielle N

2017-09-20

Crisis-affected populations and humanitarian aid providers are both becoming increasingly reliant on information and communications technology (ICTs) for finding and provisioning aid. This is exposing critical, unaddressed gaps in the legal and ethical frameworks that traditionally defined and governed the professional conduct of humanitarian action. The most acute of these gaps is a lack of clarity about what human rights people have regarding information in disaster, and the corresponding obligations incumbent upon governments and aid providers.  This need is lent urgency by emerging evidence demonstrating that the use of these technologies in crisis response may be, in some cases, causing harm to the very populations they intend to serve.  Preventing and mitigating these harms, while also working to responsibly ensure access to the benefits of information during crises, requires a rights-based framework to guide humanitarian operations. In this brief report, we provide a commentary that accompanies our report, the Signal Code: A Human Rights Approach to Information During Crisis, where we have identified five rights pertaining to the use of information and data during crisis which are grounded in current international human rights and customary law. It is our belief that the continued relevance of the humanitarian project, as it grows increasingly dependent on the use of data and ICTs, urgently requires a discussion of these rights and corresponding obligations.

Star laws: legal controls on armed conflict in outer space

International Nuclear Information System (INIS)

Stephens, Dale

2016-01-01

An undeclared military space race is unfolding yet there is no clear understanding of how international las operates in the field of armed conflict in outer space. In conjunction with McGill University Law School, Montreal, Canada, a 'Manual on international law applicable to military uses of outer space' has been drafted. This article looks at types of space weapons, previous space treaties and discusses humanitarian law.

International health law : an emerging field of public international law

NARCIS (Netherlands)

Toebes, Brigit

This article discusses the nature and scope of international health law as an emerging field of public international law. It is argued that the protection of health reflects a pressing social need that should now be spoken of in the vocabulary of international law. Furthermore, there is an urgent

Systematic organization of interstate humanitarian cooperation

OpenAIRE

Vladimir Korolev; Nikolay Loktev; Irina Slastikhina

2014-01-01

International humanitarian cooperation is one of the ways for Russia to propagate its interests abroad and maintain its image of a modern democratic state in front of the world community. The article discloses the multichannel implementation of Russias soft power potential, shows the necessity of a systemic organization of international humanitarian links, proposes the grouping of the implementation mechanisms of Russias potential soft powerinto program and extracurricular blocs.The object of...

The Application of Human Rights Law to Everyday Life under Rebel Control

NARCIS (Netherlands)

Fortin, K.M.A.

2016-01-01

This article draws upon social science literature to offer a new assessment of the normative value of human rights law vis-à-vis international humanitarian law in territory under armed groups’ control. In particular, the article considers how the two bodies of law can be applied in a complementary

Psychological Distress, Depression, Anxiety, and Burnout among International Humanitarian Aid Workers: A Longitudinal Study

NARCIS (Netherlands)

Lopes Cardozo, Barbara; Gotway Crawford, Carol; Eriksson, Cynthia; Zhu, Julia; Sabin, Miriam; Ager, Alastair; Foy, David; Snider, Leslie; Scholte, Willem; Kaiser, Reinhard; Olff, Miranda; Rijnen, Bas; Simon, Winnifred

2012-01-01

Background: International humanitarian aid workers providing care in emergencies are subjected to numerous chronic and traumatic stressors. Objectives: To examine consequences of such experiences on aid workers' mental health and how the impact is influenced by moderating variables. Methodology: We

Mind the Gap : Designing Sustainable Healthcare for Humanitarian Aid

NARCIS (Netherlands)

Rodrigues Santos, A.L.

2015-01-01

Humanitarian emergencies like the natural disasters in Nepal, Haiti or Pakistan or the thousands of refugees and internally displaced people fleeing from long-term conflict in Syria or South Sudan are likely to increase. To provide healthcare assistance, international humanitarian organizations

UNCLOS and International Law

DEFF Research Database (Denmark)

Martinez Romera, Beatriz; Coelho, Nelson F.

2018-01-01

, treaty law is only one of many sources of the law that governs international relations, the others being customary international law and principles of law. The main conclusion of this chapter is that states may have to wake up to the limitations of the UNCLOS and that this will require understanding...... the relative role of this treaty among other sources of international law....

A blueprint for professionalizing humanitarian assistance.

Science.gov (United States)

Walker, Peter; Hein, Karen; Russ, Catherine; Bertleff, Greg; Caspersz, Dan

2010-12-01

International humanitarian response to crises employs 210,000 people and accounts for nearly $15 billion in spending globally each year. Most action is carried out by not-for-profit organizations working with United Nations (UN) agencies, military organizations, and commercial entities. UN agencies employ many technical experts, often retaining them for five or more years. As yet there is no international professional apparatus to promote the quality and integrity of this workforce. This paper reports on research exploring the case for professionalizing humanitarian action through an international professional association, the development of core competencies, and the creation of a universal certification system for aid workers.

Surgical Outreach for Children by International Humanitarian Organizations: A Review.

Science.gov (United States)

Kynes, J Matthew; Zeigler, Laura; McQueen, Kelly

2017-06-28

Low- and middle-income countries carry a disproportionate share of the global burden of pediatric surgical disease and have limited local healthcare infrastructure and human resources to address this burden. Humanitarian efforts that have improved or provided access to necessary basic or emergency surgery for children in these settings have included humanitarian assistance and disaster relief, short-term surgical missions, and long-term projects such as building pediatric specialty hospitals and provider networks. Each of these efforts may also include educational initiatives designed to increase local capacity. This article will provide an overview of pediatric humanitarian surgical outreach including reference to available evidence-based analyses of these platforms and make recommendations for surgical outreach initiatives for children.

International Treaties Tax Law in Brazilian Law

Directory of Open Access Journals (Sweden)

Milena Zampieri Sellmann

2016-06-01

Full Text Available International agreements are the primary source of obligations internationally, whi- ch generate reflections in national law. They have been extremely used in tax harvest because they avoid double taxation and reduce tax burden in international trade. They are formal sources of tax law, which the legislature is expressly recognized in Article 96 of the National Tax Code to set the “tax legislation” expression. Article 98 of the Code determines the supremacy of international tax agreements over national law. Against the odds, international tax agreements do not revoke or modify the national legislation, just limit the effectiveness of national law incompatible with them, with supra-legal hierarchy and infra-constitution. They are above national law, either after or before it is created, and are below the Federal Constitution, so agreements incompatible with it should not be approved by Congress and, if so, they will be subject to declaration of unconstitutionality by the Supreme Court. It is a reporting case the international agreement’s unconstitutio- nality after it is celebrated.

Three legacies of humanitarianism in China.

Science.gov (United States)

Hirono, Miwa

2013-10-01

The rise of China has altered the context of the international humanitarian community of donors and aid agencies. China is becoming one of the key actors in this grouping, undertaking infrastructure projects in areas in which paramount humanitarian challenges exist. The literature discusses how the Chinese approach differs from that of Western donors, but it does not pay much attention to why China concentrates on its state-centric and infrastructure-based approach. This paper seeks to shed some light on this subject by examining the historical evolution of the concept of humanitarianism in China. This evolution has produced three legacies: (i) the ideal of a well-ordered state; (ii) anti-Western sentiment; and (iii) the notion of comprehensive development based on a human-oriented approach. China's policies and discourses on assistance in humanitarian crises today rest on these three legacies. Traditional donors would be well advised to consider carefully the implications of the Chinese understanding of humanitarianism when engaging with the country. © 2013 The Author(s). Disasters © Overseas Development Institute, 2013.

Applications open for THE Port 2016: Humanitarian Hackathon

CERN Multimedia

2016-01-01

Do you fancy donating your brain to a good cause for 60 hours? Would you like to apply your knowledge and skills to solving humanitarian challenges? Are you motivated to demonstrate the value of science to society? Apply for our humanitarian hackathon taking place in IdeaSquare at CERN, from the 14 to the 16 October. You will work in an interdisciplinary team on challenges proposed by international organisations, humanitarian NGOs and academic institutions, e.g. ICRC, Handicap International, Global Humanitarian Lab, University of Geneva and Anglia Ruskin University. Example topics: Better emergency shelters Reducing risks posed by counterfeit drugs Sound for health Safe & clean field disposal of medical waste Sixty hand-picked innovators will be assembled into teams six weeks ahead of the event to give time for a “virtual preparation”, where you can dive into the problem, assisted by field experts, and start to conceptualise a possible solution. The applicatio...

Humanitarian presence and urban development: new opportunities and contrasts in Goma, DRC.

Science.gov (United States)

Büscher, Karen; Vlassenroot, Koen

2010-04-01

This paper examines the impact of the presence of international humanitarian organisations on local urban transformation processes in the city of Goma, Democratic Republic of the Congo (DRC). Rather than evaluating the direct effects of humanitarian interventions and strategies, it focuses on the indirect but profound effects of the presence of this 'humanitarian sector'. It argues that the international humanitarian presence became a significant factor in the recent shaping and reshaping of the city's profile and has reinforced competition over the urban political and socioeconomic space. The paper evaluates the direct and indirect impact of the international humanitarian presence on the local urban economy and the larger political economy of war in eastern DRC. It analyses how this presence has reinforced processes of spatial reconfiguration, how it has influenced urban planning, and how it has affected dynamics of gentrification and marginalisation on the urban spatial level.

The law of the international civil service institutional law and practice in international organisations

CERN Document Server

Ullrich, Gerhard

2018-01-01

Gerhard Ullrich provides an overall review of the employment law of international intergovernmental organisations. In the first part of the book, he explains the basics of employment law and provides statistical data. He comments extensively on the privileges and immunities of international officials. The core of the book is dedicated to the examination of the legal sources for international civil service law. Here, the international administrative tribunals' case law on the general principles of law occupies a particularly broad area. A second legal source are the structures and elements of the statutory employment in international organisations. The author finally comments on the system of legal protection for the staff of the international civil service.

A Review of 'Law's Impunity: Responsibility and the Modern Private Military Company'

Directory of Open Access Journals (Sweden)

Marcos Alan S. V. Ferreira

2016-02-01

Full Text Available The mercenaries and mercenarism are two points of concern for scholars studying the rules of war throughout history. Both in jus ad bellum (JAB and jus in bellum (JIB we can find a framework of international law crafted to impede the participation of individuals motivated to take part in hostilities to get private gain. Nevertheless, paradoxically, the problem is when corporations are supported by domestic law to perform serviced in ground combats abroad. In the latter case, Human Rights Law (HRL, International Humanitarian Law (IHL and International Criminal Law (ICL present numerous gaps that make it difficult to incriminate corporations, which perpetuate the impunity among private organizations involved in human rights violations in conflict zones.

Nuclear energy. Social-humanitarian aspects

International Nuclear Information System (INIS)

Komleva, Elena

2005-01-01

The work is aimed at identifying the main social-humanitarian aspects and giving grounds for the imperative of humanitarian reflection of nuclear energy, development of the concept of 'human dimension' in this sphere. Historical-philosophical and futurological as well as rational-irrational approaches are used. There are suggested several possible chains to consider the interrelation between some global phenomena with the nuclear one, as well as their impact on the fate of humankind. There is shown the meaning of cultural, historical and religious perspectives as tools for reaching better understanding on the issue of possession of nuclear energy and improving the contemporary communication nuclear technosphere - society. There is determined the humanitarian task of the nearest future and designated the cultural-historical potential of Germany, Japan and Russia to increase international cooperation on the issue. (author)

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 ASYLUM, BETWEEN HUMANITARIAN RESPONSE AND POLITICAL INSTRUMENT

Directory of Open Access Journals (Sweden)

CATRINEL BRUMAR

2012-05-01

Full Text Available At 9 November 2010, the European Court of Justice, in a preliminary ruling, decided to depart from the interpretation promoted by the United Nations High Commissioner for Refugees, in the matter of the application of the exclusion clauses. The European Court considered that no proportionality test between human rights protection and gravity of a crime is to be applied in the case of a person suspected of having committed an act contrary to the principles and purposes of the United Nations. By eliminating this test, the Court is sending a signal on rethinking the asylum institution, from a humanitarian tool that it became, to a political instrument. This decision could not be read alone; corroborated to the concerns already raised on the suitable use of the asylum instrument to address massive humanitarian needs, it would indicate a reorientation in the interpretation of international norms governing the refugee law. Still, the human rights organs and the European Court of Human Rights continue to refer to the asylum as a situation where a humanitarian perspective, reflected in the proportionality test, or for those mechanisms the risk of human rights violation probability test, is still valid. The two apparently divergent directions will need to converge in the implementation of the European Union regulations on asylum. This paper is exploring the possible reinterpretation of the European norms, trying to identify the new trends in the political perspective of asylum and the limitations to these trends that the respect for human rights is establishing.

Re-conceptualizing the International System: The Need for nsa Inclusion in the International Human Rights Regime

Directory of Open Access Journals (Sweden)

Andrea BALDA ASPIAZU

2017-08-01

Full Text Available The growing role of nonstate actors in an international system that was created to deal mainly with state and not entities has allowed these actors considerable freedom from the accountability of their actions, especially in the realm of human rights. Both International Relations theory and International Law need to deal in an interdisciplinary manner to close this loophole in order to at least offer an incentive for nonstate actors to avoid further violations of human rights and humanitarian law in the future.

Challenging the Westphalian Order: Incorporating Armed Groups in Law-Making Under International Humanitarian Law

NARCIS (Netherlands)

Inigo Alvarez, L.

2017-01-01

In recent times, much of the focus has been placed on the incorporation of certain non-state actors, such as NGOs and transnational corporations, into different lawmaking processes, although the resulting rules are considered soft law. However, little attention has been paid to the possibility of

Bowett's law of international institutions

CERN Document Server

Sands, Philippe

2009-01-01

Bowett's Law of International Institutions is the leading introduction to this complex, important and growing area of international law, with increasing significance for developments at the national level. Covering all the major global, regional and judicial institutions and all international organisations that regulate aspects of development and providing an introductory overview of the law of international organisations, including international courts and tribunals as a whole. The book offers a basic framework, insights into some of the more essential issues, and indications of where to find more detail. Bowett's is essential reading for students of international law and international relations and will also be of considerable interest to lawyers practising in the area.

The Development of Customary International Law by International Organizations

DEFF Research Database (Denmark)

Odermatt, Jed

2017-01-01

In his Fourth Report on the Identification of Customary International Law (2016), Special Rapporteur Michael Wood confirmed that ‘[i]n certain cases, the practice of international organizations also contributes to the expression, or creation, of rules of customary international law.......’ That the practice of international organizations can be relevant when identifying customary international law is relatively uncontroversial. The practice of states within international organizations such as the UN General Assembly, for example, may contribute to the development of custom. Yet, there is little...... discussion about whether and how the practice of international organizations as such may contribute to the development of customary international law. This contribution discusses the organization that is the most capable of contributing to the development of customary international law in its own right...

States of fragility: stabilisation and its implications for humanitarian action.

Science.gov (United States)

Collinson, Sarah; Elhawary, Samir; Muggah, Robert

2010-10-01

This paper explores the evolution of international stabilisation agendas and their significance for humanitarian action. Stabilisation includes a combination of military, humanitarian, political and economic activities to control, contain and manage areas affected by armed conflict and complex emergencies. Encompassing narrow security objectives and broader peace-building efforts, stabilisation is both a conservative and potentially transformative, comprehensive and long-term agenda. The open-ended approach allows for widely varying interpretations and applications in different circumstances and by different actors with an assortment of implications for humanitarian action. The relationship between the two is highly uncertain and contentious, due not only to the controversies surrounding stabilisation policies, but also to deep-seated ambiguities at the heart of humanitarianism. While humanitarian actors are preoccupied with the growing involvement of the military in the humanitarian sphere, the paper argues that it is trends in the humanitarian-political interface that represent the more fundamental dilemma. © 2010 The Author(s). Journal compilation © Overseas Development Institute, 2010.

Globalization, Inequality & International Economic Law

Directory of Open Access Journals (Sweden)

Frank J. Garcia

2017-04-01

Full Text Available International law in general, and international economic law in particular, to the extent that either has focused on the issue of inequality, has done so in terms of inequality between states. Largely overlooked has been the topic of inequality within states and how international law has influenced that reality. From the perspective of international economic law, the inequality issue is closely entwined with the topics of colonialism and post-colonialism, the proper meaning of development, and globalization. While international economic law has undoubtedly contributed to the rise of inequality, it is now vital that the subject of international economic law be examined for how it may contribute to the lessening of inequality. To do so will require a shift in the way that we think, in order to address inequality as a problem of an emerging global market society, and how best to regulate that society and its institutions.

Humanitarianism

DEFF Research Database (Denmark)

Richey, Lisa Ann

2017-01-01

humanitarian practices can now take place in many different realms: in consumption, entertainment, or across social media. These are all areas that are traditionally considered outside of the humanitarian scope, not least because of their association with market-driven and celebrity-oriented activity rather......, humanitarianism has expanded in reach to include an assortment of nebulous interventions on behalf of an assumed shared humanity. “Humanitarianism” now signifies the effort to ‘do-good’, to express sympathy in response to distant suffering, whether this distance is actually geographical or social. Everyday...

Characteristics, determinants and perspectives of experienced medical humanitarians: a qualitative approach.

Science.gov (United States)

Asgary, Ramin; Lawrence, Katharine

2014-12-08

To explore the characteristics, motivations, ideologies, experience and perspectives of experienced medical humanitarian workers. We applied a qualitative descriptive approach and conducted in-depth semistructured interviews, containing open-ended questions with directing probes, with 44 experienced international medical aid workers from a wide range of humanitarian organisations. Interviews were coded and analysed, and themes were developed. International non-governmental organisations (INGOs) and United Nations (UN). 61% of participants were female; mean age was 41.8 years with an average of 11.8 years of humanitarian work experience with diverse major INGOs. Significant core themes included: population's rights to assistance, altruism and solidarity as motives; self-identification with the mission and directives of INGOs; shared personal and professional morals fostering collegiality; accountability towards beneficiaries in areas of programme planning and funding; burnout and emotional burdens; uncertainties in job safety and security; and uneasiness over changing humanitarian principles with increasing professionalisation of aid and shrinking humanitarian access. While dissatisfied with overall aid operations, participants were generally satisfied with their work and believed that they were well-received by, and had strong relationships with, intended beneficiaries. Despite regular use of language and ideology of rights, solidarity and concepts of accountability, tension exists between the philosophy and practical incorporation of accountability into operations. To maintain a humanitarian corps and improve aid worker retention, strategies are needed regarding management of psychosocial stresses, proactively addressing militarisation and neo-humanitarianism, and nurturing individuals' and organisations' growth with emphasis on humanitarian principles and ethical practices, and a culture of internal debate, reflection and reform. Published by the BMJ Publishing

International Space Law

Directory of Open Access Journals (Sweden)

M. Lits

2017-01-01

Full Text Available It is well known that the modern day technologies that drive our global society are highly dependent on the use of outer space. For example, daily activities such as sending emails, making phone calls and carrying out bank transactions cannot be done unless satellite technologies are involved. When you catch a plane, the air traffic control is dependent on GPS. Even natural disaster management is dependent on satellite imaging. Taking into account the importance of this, it becomes increasingly necessary to be knowledgeable in the field of international law as it is the only sphere of law that reaches beyond the physical boundaries of the Earth, goes deep into space and provides protection for today’s society. With new steps being taken to exploit further the potentials of outer space, and with increasing talk of new space missions and new discoveries, current international space law is being placed under scrutiny, for it should be remembered that the major international legal documents in this field were adopted in the middle of the 20th century, and thus there are fears that the law may have become obsolete, irrelevant in the face of new challenges in the use of outer space. This paper delivers an analysis of existing international space law and attempts to raise several crucial issues pertinent in the area.

Who should drive humanitarian responses?

Directory of Open Access Journals (Sweden)

Nick Cater

2005-05-01

Full Text Available From refugee flows to earthquake relief, it is invariably local groups which are on the humanitarian frontline. Should international agencies reinvent themselves as solidarity and advocacy networks and start letting Southern NGOs take the lead?

Prevention of common healthcare-associated infections in humanitarian hospitals.

Science.gov (United States)

Murphy, Richard A; Chua, Arlene C

2016-08-01

Humanitarian medical organizations focus on vulnerable patients with increased risk for healthcare-associated infections (HAIs) and are obligated to minimize them in inpatient departments (IPDs). However, in doing so humanitarian groups face considerable obstacles. This report will focus on approaches to reducing common HAIs that the authors have found to be helpful in humanitarian settings. HAIs are common in humanitarian contexts but there are few interventions or guidelines adapted for use in poor and conflict-affected settings to improve prevention and guide surveillance. Based on existing recommendations and studies, it appears prudent that all humanitarian IPDs introduce a basic infection prevention infrastructure, assure high adherence to hand hygiene with wide accessibility to alcohol-based hand rub, and develop pragmatic surveillance based on clinically evident nosocomial infection. Although microbiology remains out of reach for most humanitarian hospitals, rapid tests offer the possibility of improving the diagnosis of HAIs in humanitarian hospitals in the decade ahead. There is a dearth of new studies that can direct efforts to prevent HAIs in IPDs in poor and conflict-affected areas and there is a need for practical, field-adapted guidelines from professional societies, and international bodies to guide infection prevention efforts in humanitarian environments.

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 ...

Humanitarian action and military intervention: temptations and possibilities.

Science.gov (United States)

Weissman, Fabrice

2004-06-01

Although the war in Liberia in July 2003 claimed hundreds of lives, the international community was reluctant to intervene. In this article, the author debates the question: does international military intervention equal protection of populations? The role of humanitarian organisations in military intervention is considered. Aid organisations cannot call for deployment of a protection force without renouncing their autonomy or appealing to references outside their own practices. Such organisations provide victims with vital assistance and contribute to ensuring that their fate becomes a stake in political debate by exposing the violence that engulfs them, without substituting their own voices for those of the victims. The political content of humanitarian action is also outlined and military intervention in the context of genocide is discussed. The author concludes that the latter is one of the rare situations in which humanitarian actors can consider calling for an armed intervention without renouncing their own logic.

Humanitarian Assistance and Disaster Relief Policies in the Association of Southeast Asian Nations

Science.gov (United States)

2015-06-01

vice a large-scale international effort like the 2004 tsunami. Myanmar also did not make it easier for humanitarian workers to get expedited visas or...Affected Areas of Myanmar : A Review,” Humanitarian Exchange, no. 41 (December 2008), 2–4, http://www.odihpn.org/ humanitarian -exchange-magazine/issue-41...negotiating- humanitarian -access-to-cyclone-affected-areas-of- myanmar -a-review. 21 Ibid. 6 Management and Emergency Response,” and on May 9 the

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

Rethinking humanitarian space

OpenAIRE

Ahmad, Sana

2016-01-01

This study looks at the humanitarian space in Myanmar which includes not just the humanitarian operations in the country, the access to volatile zones by the humanitarian organisations, the humanitarian principles, but also a space which permits a complementary arrangement of diverse actors holding different positions and skill sets and deliver to those in need. The study is based on the practical experiences and reflections of these different actors on field and their operations in different...

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

International Responsibility and the Systemic Character of International Law

Directory of Open Access Journals (Sweden)

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.

'Tinder Humanitarians'

DEFF Research Database (Denmark)

Richey, Lisa Ann

2016-01-01

showing themselves in some “do-gooding” relationship that appears to take place in the South. Through the posting of a new photograph every day, the “Humanitarians of Tinder” Tumblr blog and Facebook page have generated a public discussion on the politics of representing suffering strangers in attempts...... to enhance the appeal of western image producers. This article will investigate the phenomenon of the Humanitarians of Tinder in order to understand its representations of North–South relations from the photographs themselves and from the debates held around them in new media and old. Critical development...... studies, media studies and sociology will provide an interdisciplinary theoretical framework to understand the moral panic that these Tinder humanitarians have created through posting private photographs of humanitarian performances to increase their personal desirability....

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

Directory of Open Access Journals (Sweden)

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).

The Future of Humanitarian Response

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

Information and Communication Technology and the Humanitarian Field, ... of complex emergencies, defined by internal conflicts and political .... response tool, is an area where innovative ideas can have a huge impact. ...... example of an IVR is the systems used by banks where a caller can access accounting information ...

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

Humanitarian engineering placements in our own communities

Science.gov (United States)

VanderSteen, J. D. J.; Hall, K. R.; Baillie, C. A.

2010-05-01

There is an increasing interest in the humanitarian engineering curriculum, and a service-learning placement could be an important component of such a curriculum. International placements offer some important pedagogical advantages, but also have some practical and ethical limitations. Local community-based placements have the potential to be transformative for both the student and the community, although this potential is not always seen. In order to investigate the role of local placements, qualitative research interviews were conducted. Thirty-two semi-structured research interviews were conducted and analysed, resulting in a distinct outcome space. It is concluded that local humanitarian engineering placements greatly complement international placements and are strongly recommended if international placements are conducted. More importantly it is seen that we are better suited to address the marginalised in our own community, although it is often easier to see the needs of an outside populace.

The supply of pharmaceuticals in humanitarian assistance missions: implications for military operations.

Science.gov (United States)

Mahmood, Maysaa; Riley, Kevin; Bennett, David; Anderson, Warner

2011-08-01

In this article, we provide an overview of key international guidelines governing the supply of pharmaceuticals during disasters and complex emergencies. We review the World Health Organization's guidelines on pharmaceutical supply chain management and highlight their relevance for military humanitarian assistance missions. Given the important role of pharmaceuticals in addressing population health needs during humanitarian emergencies, a good understanding of how pharmaceuticals are supplied at the local level in different countries can help military health personnel identify the most appropriate supply options. Familiarity with international guidelines involved in cross-border movement of pharmaceuticals can improve the ability of military personnel to communicate more effectively with other actors involved in humanitarian and development spheres. Enhancing the knowledge base available to military personnel in terms of existing supply models and funding procedures can improve the effectiveness of humanitarian military operations and invite policy changes necessary to establish more flexible acquisition and funding regulations.

Humanitarian logistics: Review and case study of Zimbabwean experiences

Directory of Open Access Journals (Sweden)

Charles Mbohwa

2010-11-01

Full Text Available This paper reviews and presents findings on mini-case studies done on the difficulties and problems faced by humanitarian organisations in running logistics systems in Zimbabwe. Document analysis was done and this was complemented by mini-case studies and semi-structured interviews and site visits. Mini-case studies of the operations of the World Food Programme, the International Red Cross Society and the Zimbabwe Red Cross Society, the World Health Organisation, the United Nations Children's Fund and the Zimbabwean Civil Protection Organisation in Zimbabwe are discussed. These clarify the difficulties and problems faced such as the lack of trained logistics personnel, lack of access to specialised humanitarian logistics courses and research information, the difficulty in using and adapting existing logistics systems in attending to humanitarian logistics and the lack of collaborative efforts that address the area specifically. This study seeks to use primary and secondary information to inform decision-making in humanitarian logistics with possible lessons for neighbouring countries, other regions in Africa and beyond. Activities on collaborative networks that are beneficial to humanitarian logistics are also suggested.

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

Colombia’s Victims Law and the Liability of Corporations for Human Rights Violations

Directory of Open Access Journals (Sweden)

Lina M. Céspedes-Báez

2012-06-01

Full Text Available In 2011, after four years of lobbying and political wrangling,Colombia approved Law 1448, commonly knownas the Victims Law. Its aims are broad: to be the comprehensivebody of law to address civilian populationclaims related to the armed conflict, and therefore toinclude the necessary legal reforms to restore the rule oflaw through the enforcement of victims’ rights. Currently,government, civil society and scholars are focused on themajor issues of the Law, specifically land restitution andassistance for victims. However, this new body of Law,with its 208 provisions, is broader than that, and a closereview of its articles is urgently needed. One little-studiedand apparently forgotten provision is Article 46, whichappears to put in place a specific directive to enhancethe prosecution of juridical persons for violations ofhuman rights and international humanitarian law inthe context of the Colombian armed conflict. However,a thorough analysis of its wording and history revealsthat Article 46 is incapable of establishing links betweenbusinesses and human rights and humanitarian lawviolations in Colombia. This article specifically examines the scope and shortcomings of Article 46, and sets forth some possible solutionsthat require further investigation to fill the lacuna that already exist in the countryin this subject.

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.)

\\"Forgotten\\" Humanitarian Obligations: The case of the Saharawi ...

African Journals Online (AJOL)

... lay at the bar of international justice to call the international community to account for failures of performance on humanitarian obligations. It is their case that I take up here, as a problem of ethics in international affairs, as the minimum of a philosopher's recompense owed this people today. African Studies Monograph Vol.

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

KAJIAN TENTANG PERTAUTAN HUKUM HUMANITER INTERNASIONAL DENGAN HUKUM PENGUNGSI

Directory of Open Access Journals (Sweden)

Sigit Riyanto

2013-08-01

Full Text Available International Humanitarian Law and International Refugee Law are two branchs of law relevant to the protection of human rights in a specific context. This research aimed at evaluate the relationship of these two branchs of law. Legal materials that thoroughly considered and analized in this research were relevant international rules and facts embodied in international customs, general principles of law, international treaties, conventions, declarations and decisions of international organisation, recommendations, academic publications, proceedings and working papers. Based upon the analysis of the existing legal materials, eventually, it could be inferred that International Humanitarian Law has influenced International Refugee Law both in the standard setting and in the interpretation process. The rules embodied in these two branchs of law established a continuum protection for the victims of confilct with violence. Two international humanitarian agencies; International Committee of the Red Cross and the United Nations High Commissionner for Refugees has served as the guardians in the framework of promotion and implementation of these two branchs of law. Grave breaches of International Humanitarian Law and acts triggered international displacement were international wrongful acts and generate state responsibility.

Mexican humanitarian assistance system.

Science.gov (United States)

2016-05-26

References to this study should include the foregoing statement.) Fair use determination or copyright permission has been obtained for the inclusion of...Coordinators); representative and inclusive Humanitarian Country Teams.”16 To increase the effectiveness of these responses, OCHA has developed...2016, http://www.eird.org/esp/ revista /No1_2001/pagina27.htm. 24 “International Strategy for Disaster Reduction (ISDR),” accessed February 20, 2016

Psychosocial interventions and the demoralization of humanitarianism.

Science.gov (United States)

Pupavac, Vanessa

2004-07-01

This paper critically analyses from a political sociology standpoint the international conceptualization of war-affected populations as traumatized and in need of therapeutic interventions. It argues for the importance of looking beyond the epidemiological literature to understand trauma responses globally. The paper explores how the imperative for international psychosocial programmes lies in developments within donor countries and debates in their humanitarian sectors over the efficacy of traditional aid responses. The aim of the paper is threefold. First, it discusses the emotional norms of donor states, highlighting the psychologizing of social issues and the cultural expectations of individual vulnerability. Second it examines the demoralization of humanitarianism in the 1990s and how this facilitated the rise of international psychosocial work and the psychologizing of war. Third, it draws attention to the limitations of a mental health model in Croatia, a country which has been receptive to international psychosocial programmes. Finally it concludes that the prevalent trauma approaches may inhibit recovery and argues for the need to re-moralize resilience.

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...

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...

Humanitarinės intervencijos koncepcija šiuolaikinės tarptautinės teisės kontekste

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...

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....

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...

Le droit international humanitaire et la protection des enfants en situation de conflits armés – Etude de cas de la République Démocratique du Congo

Directory of Open Access Journals (Sweden)

Junior Mumbala Abelungu

2017-02-01

Full Text Available The system of protection of children in situations of armed conflict, as established by international humanitarian law and supplemented by international human rights law and international criminal law, remains subject to numerous pitfalls. These pitfalls are closely intertwined with the definition of the obligations of the parties to the conflict and the mechanisms that ensure the implementation of the aforementioned obligations. Using the Democratic Republic of the Congo as a case study, a country that is estimated to have more than 30,000 child soldiers (with approximately 15% of the child soldiers being girls and whose children remain victims of the unspeakable atrocities of armed forces and groups, this doctoral dissertation aims to question the content and effectiveness of the special protection of children, civilian or soldier, in situations of armed con ict. The overall purpose of this paper is to provide a summary of my doctoral thesis. Key words : international humanitarian law, international human rights law, children, civilian child, child soldier, special protection, general protection, armed conflict, Democratic Republic of Congo

Protocol at the Crossroads: Rethinking anti-trafficking law from an Indian labour law perspective

Directory of Open Access Journals (Sweden)

Prabha Kotiswaran

2015-04-01

Full Text Available As we approach the fifteenth anniversary of the United Nations Trafficking Protocol, we can discern several phases of its diffusion, materialisation and interpretation in domestic criminal law regimes across the world. Although not exclusively preoccupied with sex work and sex trafficking anymore, the fact remains that the inordinate attention on trafficking in Western industrialised economies is disproportionate to the extent of the problem. Only 7% of the world’s 20.9 million forced labourers are in developed economies while 56% are in Asia Pacific. Yet in BRIC countries like India, with a substantial majority of the world’s trafficked victims and where 90% of all trafficking is domestic, trafficking has gained policy resonance only relatively recently. Even as India remains an active site for sexual humanitarianism with international and local abolitionist groups actively targeting sex workers, the article argues that less developed countries like India can play a crucial role in reorienting international anti-trafficking law and policy. Towards that goal, this article offers India’s bonded, contract and migrant labour laws as a robust labour law model against trafficking in contrast to the criminal justice model propagated by the Trafficking Protocol worldwide.

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

Failing to protect humanitarian workers: lessons from Britain and Voluntary Aid Detachments in the Second World War.

Science.gov (United States)

Verma, Amol A

2017-09-01

This paper draws on official records of international and British organizations, newspaper reports, and volunteer memoirs to study the failure to protect humanitarian workers in the Second World War. The Second World War saw a significant expansion in the use of air warfare and flying missiles and these technological advances posed a grave threat to civilians and humanitarian workers. In this context, the International Committee of the Red Cross advocated unsuccessfully to restrict air warfare and create safe hospital zones. The British Government grappled with the tension between military and humanitarian objectives in setting its bombardment policy. Ultimately, humanitarian principles were neglected in pursuit of strategic aims, which endangered civilians and left humanitarian workers particularly vulnerable. British Voluntary Aid Detachment nurses experienced more than six-fold greater fatality rates than civil defence workers and the general population. The lessons from failures to protect humanitarian workers in the face of evolutions in warfare remain profoundly relevant.

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.

Addressing culture and context in humanitarian response: preparing desk reviews to inform mental health and psychosocial support.

Science.gov (United States)

Greene, M Claire; Jordans, Mark J D; Kohrt, Brandon A; Ventevogel, Peter; Kirmayer, Laurence J; Hassan, Ghayda; Chiumento, Anna; van Ommeren, Mark; Tol, Wietse A

2017-01-01

Delivery of effective mental health and psychosocial support programs requires knowledge of existing health systems and socio-cultural context. To respond rapidly to humanitarian emergencies, international organizations often seek to design programs according to international guidelines and mobilize external human resources to manage and deliver programs. Familiarizing international humanitarian practitioners with local culture and contextualizing programs is essential to minimize risk of harm, maximize benefit, and optimize efficient use of resources. Timely literature reviews on traditional health practices, cultural beliefs and attitudes toward mental health and illness, local health care systems and previous experiences with humanitarian interventions can provide international practitioners with crucial background information to improve their capacity to work efficiently and with maximum benefit. In this paper, we draw on experience implementing desk review guidance from the World Health Organization (WHO) and UNHCR, the United Nations Refugee Agency (2012) in four diverse humanitarian crises (earthquakes in Haiti and Nepal; forced displacement among Syrians and Congolese). We discuss critical parameters for the design and implementation of desk reviews, and discuss current challenges and future directions to improve mental health care and psychosocial support in humanitarian emergencies.

The Humanitarian Action Qualifications Framework: a quality assurance tool for the Humanitarian Sector

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Bastiaan L. Aardema

2014-07-01

Full Text Available The article presents the European Universities on Professionalisation on Humanitarian Action (EUPRHA Project as an initiative that seeks to contribute to the professionalisation and quality assurance of the humanitarian sector. Its purpose is to explain the approach and the process leading to the development of the Humanitarian Action Qualifications Framework as an example of good practice for other sectors aiming at improving the recognition of qualifications as a precondition of academic and professional mobility. With this aim, it introduces the educational and humanitarian trends that led to this project: the move from transnational qualifications frameworks of which the European Qualifications Framework for Lifelong Learning (EQF is the best example to sectoral qualifications frameworks and the increasing demand from the sector seeking to determine the competencies and required skills of a professional humanitarian aid worker. Based on the EQF and the Tuning methodology the framework will act as a translating device to make national and sectoral qualifications more readable and promote humanitarian workers’ and learners’ mobility between countries and organisations. It will facilitate inter-system transparency and recognition of (non-formal and informal learning by linking occupations, skills, competences, and qualifications, thus benefiting the Humanitarian Sector as a whole.

Mandated to fail? Humanitarian agencies and the protection of Palestinian children.

Science.gov (United States)

Hart, Jason; Forte, Claudia Lo

2013-10-01

This paper considers the efforts of United Nations and international agencies to address the threats to Palestinian children arising from Israeli occupation. It contains an account of the reasons why agencies have failed, over many years, to prevent systematic violations by the Israeli authorities and settlers. The discussion is organised around two inter-related domains: institutional and political. The paper argues that, in the occupied Palestinian territory (oPt), limitations to the ways in which child protection has been conceptualised and pursued in practice are abundantly evident. Nevertheless, political pressure by Western donor governments serves to constrain an approach to child protection that is more preventative in nature, that addresses more explicitly Israeli violations of international law, and that reflects the experience and aspirations of Palestinian children themselves. Ultimately, therefore, the failure to protect Palestinian children must be seen not only as a result of humanitarian miscalculation but also as a consequence of political strategy. © 2013 The Author(s). Disasters © Overseas Development Institute, 2013.

Humanitarian Information Management Network Effectiveness: An Analysis at the Organizational and Network Levels

Science.gov (United States)

Ngamassi Tchouakeu, Louis-Marie

2011-01-01

Massive international response to humanitarian crises such as the South Asian Tsunami in 2004, the Hurricane Katrina in 2005 and the Haiti earthquake in 2010 highlights the importance of humanitarian inter-organizational collaboration networks, especially in information management and exchange. Despite more than a decade old call for more research…

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. 

Reconfiguring the Law of Non-Refoulement: Procedural and Substantive Barriers for Those Seeking to Access Surrogate International Human Rights Protection

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Mark R. von Sternberg

2014-12-01

consistent with that of most other states. Release from detention, on the other hand, for asylum seekers has now been broadly recognized by the US Department of Homeland Security where the asylum seeker’s identity can be ascertained and the claim is non-frivolous in nature. This approach is largely consistent with international law, although there have been unnecessary delays in implementing it.On the substantive law, the international customary norm of non-refoulment has been expanded considerably through the development of opinio juris by scholars and the practice of states. This paper traces efforts in Europe to develop a law of temporary refuge for those fleeing civil war situations characterized by humanitarian law violations. Similarly, case law under the European Convention of Human Rights has now come to focus on the harm the claimant would suffer as the result of conditions in the country of origin without identifying an explicit agent of serious harm. Related to these developments has been the notion of complementary protection under which relief can be conferred where the alien would suffer serious harm upon return to the home state but not for a Convention reason. These approaches have now received approval in the European Union Asylum Qualification Directive so that international protection may now be conferred either because the alien would suffer serious harm on account of the intensity of human rights violations taking place in the country of origin, or those conditions, taken in conjunction with the claimant’s personal situation, support a finding that the claimant would be impacted. This paper argues that this latter standard has now been made a part of the customary norm of non-refoulement and that it should be recognized by statute as a basis for non-return and coupled with status where the new standard can be met. Such a measure would help restore the nation’s commitment to human rights and humanitarian concerns.

The Development and Maturation of Humanitarian Psychology

Science.gov (United States)

Jacobs, Gerard A.

2007-01-01

Humanitarian psychological support as an organized field is relatively young. Pioneers in the field were involved primarily in providing psychological support to refugees and internally displaced persons in conflict and nonconflict situations. This article describes basic principles for the design of psychological support programs and…

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.

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.

International law and United Nations

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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.

History and Principles of Humanitarian Action

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Heather RYSABACK-SMITH

2015-10-01

Full Text Available SUMMARY: Humanitarian aid has been present in some form throughout human history, yet the modern concept of humanitarian aid has only truly emerged since the later half of the 20th century. Through a complex progression of world events and largely brought about in response to armed conflict, modern humanitarian aid is provided by a multitude of organizations and actors. The purpose of this chapter is to provide a brief overview of the history of humanitarian action, a review of the principles of humanitarian aid and an overview of the major documents which delineate those principles. Keywords: Humanitarian aid, human rights

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 ...

AGRESI ISRAEL TERHADAP PALESTINA PERSPEKTIF HUKUM HUMANITER INTERNASIONAL

OpenAIRE

Aryuni Yuliantiningsih

2009-01-01

Israel’s agrresion to Palestina has international reactions because of enormous victims caused by that action, whom mostly were civilians. According humanitarian law, Israel’s agression to Palestina had breached humanitarian law principles, there are : humanity principle, limitation principle and distinction principle. Israel has done war crimes so  international society asked how Israel can be justiced ? There are three mechanism to enforce humanitarian law. First, the contracting parties of...

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

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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

75 FR 4526 - Bureau for Democracy, Conflict and Humanitarian Assistance; Office of Food for Peace...

Science.gov (United States)

2010-01-28

... AGENCY FOR INTERNATIONAL DEVELOPMENT Bureau for Democracy, Conflict and Humanitarian Assistance; Office of Food for Peace; Announcement of FFP Response to Zimbabwe Country Specific Guidance Comments..., Bureau for Democracy, Conflict and Humanitarian Assistance. [FR Doc. 2010-1777 Filed 1-27-10; 8:45 am...

Dealing with the Principle of Proportionality in Armed Conflict in Retrospect: The Application of the Principle in International Criminal Trials

NARCIS (Netherlands)

Bartels, R.

2013-01-01

The principle of proportionality is one of the core principles of international humanitarian law. The principle is not easy to apply on the battlefield, but is even harder to apply retrospectively, in the courtroom. This article discusses the challenges in applying the principle during international

History and Principles of Humanitarian Action.

Science.gov (United States)

Rysaback-Smith, Heather

2015-10-01

Humanitarian aid has been present in some form throughout human history, yet the modern concept of humanitarian aid has only truly emerged since the later half of the 20th century. Through a complex progression of world events and largely brought about in response to armed conflict, modern humanitarian aid is provided by a multitude of organizations and actors. The purpose of this chapter is to provide a brief overview of the history of humanitarian action, a review of the principles of humanitarian aid and an overview of the major documents which delineate those principles.

Humanitarian Use Device and Humanitarian Device Exemption regulatory programs: pros and cons.

Science.gov (United States)

Bernad, Daniel Maxwell

2009-03-01

The US FDA established the Humanitarian Use Device (HUD) and Humanitarian Device Exemption (HDE) program to encourage medical device firms to address rare diseases. Despite being in existence for over a decade, there has only been one peer-reviewed publication examining this field. The objective of this report is to investigate how the HUD/HDE program differs from the standard regulatory system, discuss its potential advantages and disadvantages, and to speculate which humanitarian devices will be brought to market within the next 5 years. A total of 40 semistructured interviews with stakeholders, representing approximately half (n = 20, 49%) of the firms that have successfully obtained HDE-approved products, were performed in order to acquire the primary data for this paper. There appear to be short-term gains and long-term drains associated with launching humanitarian devices to market. This report aims to provide sponsors with information that may allow them to make better decisions during their product development of humanitarian devices and may, hopefully, also play a role in encouraging other sponsors to take the necessary steps forward in helping to find treatments for patients with rare diseases.

Ethics of the humanitarian intervention

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Savić Mile

2009-01-01

Full Text Available The main subject of this paper are the ethical aspects of humanitarian military intervention. Author shows the weaknesses and difficulties of consequentialistic and deontological justification of humanitarian intervention. He points to the impossibility of a coherent moral theory of humanitarian intervention and argues that the humanitarian interventions of the nineties of the 20th century do not compliance just war. In his opinion, they represent an attempt of the quasi moral masking the real politics which lead the most powerful states in order to protect their national interests. .

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

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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”

Civil Registration and Vital Statistics, Emergencies, and International Law: Understanding the Intersection.

Science.gov (United States)

Brolan, Claire E; Gouda, Hebe

2017-05-01

Civil registration and vital statistics (CRVS) systems are typically run by governments to record every birth, adoption, death, marriage, and divorce that occurs among a country's population. Registration of vital events provides individuals with a formal relationship with the State and each other, and is the foundation of a person's identity, nationality, and legal status. At a population level, vital statistics are essential for effective planning and implementation of policies and services. Globally, strong CRVS systems are increasingly recognised as a crucial backbone for redressing health inequities and as a priority in strengthening global health and development efforts. Many countries, however, currently lack adequate and reliable CRVS systems, leaving many people vulnerable to statelessness, limited access to important government services (such as education and health services), and effective legal protection. Public health and humanitarian emergencies in such contexts can expose those already disadvantaged and marginalised to heightened risk. CRVS systems weakened by crises make registration difficult or impossible and unregistered people may be displaced or separated from their families, exacerbating their susceptibility. The presence of a strong CRVS system, therefore, can facilitate effective and cost-effective emergency responses, help prevent exploitation of individuals (particularly women and children), and help to rebuild communities post-crisis. This article will consequently review the international legal mandates that exist to strengthen CRVS systems globally, with particular view to public health and humanitarian emergencies. Identity and citizenship, and the socio-political contexts in which these concepts co-exist, are inevitably interconnected with CRVS. This can create potential for CRVS systems and data to be exploited as a political instrument. Grounding CRVS strengthening in a single binding, human rights law instrument is a potential way

Constitutional law and international law at the turn of the century

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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 ...

Humanitarianism and Unequal Exchange

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Raja Swamy

2017-08-01

Full Text Available This article examines the relationship between humanitarian aid and ecologically unequal exchange in the context of post-disaster reconstruction. I assess the manner in which humanitarian aid became a central part of the reconstruction process in India's Tamil Nadu state following the devastating 2004 Indian Ocean tsunami. This article focuses on how the humanitarian “gift” of housing became a central plank of the state's efforts to push fishers inland while opening up coastal lands for various economic development projects such as ports, infrastructure, industries, and tourism. As part of the state and multilateral agency financed reconstruction process, the humanitarian aid regime provided “free” houses as gifts to recipients while expecting in return the formal abandonment of all claims to the coast. The humanitarian “gift” therefore helped depoliticize critical issues of land and resources, location and livelihood, which prior to the tsunami were subjects of long-standing political conflicts between local fisher populations and the state. The gift economy in effect played into an ongoing conflict over land and resources and effectively sought to ease the alienation of fishers from their coastal commons and near shore marine resource base. I argue that humanitarian aid, despite its associations with benevolence and generosity, presents a troubling and disempowering set of options for political struggles over land, resources, and social entitlements such as housing, thereby intensifying existing ecological and economic inequalities.

Unfinished Business: Canada’s Contribution to Promoting Compliance with International Humanitarian Law Through the Protection of Civilians in Armed Conflict Agenda of the United Nations Security Council

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Joelle A. Martin

2009-10-01

Full Text Available During its 1999-2000 term on the United Nations Security Council, Canada helped launch the Council’s “Protection of Civilians in Armed Conflict” agenda. This aimed to reduce civilian war casualties through better respect for international humanitarian law [IHL]. This article reviews the agenda’s origins and evolution ten years on. The authors focus on Canada’s contributions in increasing the Council’s efforts to protect civilians, with three main assertions. First, Canada had a key role in creating and promoting the agenda, an important IHL initiative. Second, the agenda is well established in the Council’s work, but needs further effort to ensure greater impact in specific situations. Third, Canada could develop the agenda and improve respect for IHL if it joins the Security Council for the 2011-2012 term, picking up its “unfinished business” from its last Council term. Pendant son mandat de 1999-2000 au Conseil de Sécurité de l’ONU, le Canada a aidé à lancer le programme « La protection des civils dans les conflits armés » du Conseil. Le but était de réduire le nombre de victimes civiles de la guerre en faisant respecter davantage le droit international humanitaire [DIH]. Cet article passe en revue l’origine du programme et son évolution après dix années. Les auteurs portent leur attention sur les contributions du Canada pour augmenter les efforts du Conseil en vue de la protection des civils, en faisant trois affirmations principales. D’abord, le Canada a joué un rôle-clé dans la création et la promotion du programme, une initiative importante de DIH. Deuxièmement, le programme est bien établi au sein du travail du Conseil, mais nécessite des efforts additionnels afin d’assurer plus d’impact dans des situations particulières. Troisièmement, le Canada pourrait développer le programme et améliorer le respect du DIH s’il devient membre du Conseil de Sécurité pour 2011- 2012 lui permettant de

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 ...

Evidence-Based Optimization in Humanitarian Logistics

NARCIS (Netherlands)

H. de Vries (Harwin)

2017-01-01

markdownabstractHumanitarian crises like the Syrian war, Ebola, the earthquake in Haiti, the Indian Ocean tsunami, and the ongoing HIV epidemic prompt substantial demands for humanitarian aid. Logistics plays a key role in aid delivery and represents a major cost category for humanitarian

Humanitarian Hackathon @CERN | 14-16 October | Are you ready?

CERN Multimedia

2016-01-01

THE Port is ready for the third edition of its hackathon with eight new challenges. Join us to discover how science can make a huge difference in people's life.   Humanitarian hackathons organised by THE Port and hosted by CERN IdeaSquare have already confirmed that fundamental science can provide tech-enabled responses to humanitarian issues affecting the lives of millions of people around the globe. A great example of the success that technology and collaboration can bring is the substantial improvement of the food airdrop bags, requested by the ICRC to deliver assistance in South Sudan and other critical regions. Watch a 360° video or check out the pictures using the QR code. This year, eight teams will innovate the way humanitarian organisations handle the most critical aspects of field work during a 60-hour event. Groups of experts from all over the world will provide out-of-the-box proposals to tackle challenges set up by the ICRC, Handicap International, the United Natio...

On the use of evidence in humanitarian logistics research.

Science.gov (United States)

Pedraza-Martinez, Alfonso J; Stapleton, Orla; Van Wassenhove, Luk N

2013-07-01

This paper presents the reflections of the authors on the differences between the language and the approach of practitioners and academics to humanitarian logistics problems. Based on a long-term project on fleet management in the humanitarian sector, involving both large international humanitarian organisations and academics, it discusses how differences in language and approach to such problems may create a lacuna that impedes trust. In addition, the paper provides insights into how academic research evidence adapted to practitioner language can be used to bridge the gap. When it is communicated appropriately, evidence strengthens trust between practitioners and academics, which is critical for long-term projects. Once practitioners understand the main trade-offs included in academic research, they can supply valuable feedback to motivate new academic research. Novel research problems promote innovation in the use of traditional academic methods, which should result in a win-win situation: relevant solutions for practice and advances in academic knowledge. © 2013 The Author(s). Journal compilation © Overseas Development Institute, 2013.

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.

75 FR 51749 - Bureau for Democracy, Conflict and Humanitarian Assistance Office of Food for Peace Announcement...

Science.gov (United States)

2010-08-23

... AGENCY FOR INTERNATIONAL DEVELOPMENT Bureau for Democracy, Conflict and Humanitarian Assistance Office of Food for Peace Announcement of Draft Request for Applications for Title II Non-Emergency Food... Democracy, Conflict and Humanitarian Assistance. [FR Doc. 2010-20874 Filed 8-20-10; 8:45 am] BILLING CODE P ...

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

Innovation in Graduate Education for Health Professionals in Humanitarian Emergencies.

Science.gov (United States)

Evans, Dabney P; Anderson, Mark; Shahpar, Cyrus; Del Rio, Carlos; Curran, James W

2016-10-01

The objective of this report was to show how the Center for Humanitarian Emergencies (the Center) at Emory University (Atlanta, Georgia USA) has trained graduate students to respond to complex humanitarian emergencies (CHEs) through innovative educational programs, with the goal of increasing the number of trained humanitarian workers. Natural disasters are on the rise with more than twice as many occurring from 2000-2009 as there were from 1980-1989. In 2012 alone, 144 million people were affected by a natural disaster or displaced by conflict worldwide. This has created an immense need for trained humanitarian workers to respond effectively to such disasters. The Center has developed a model for educational programming that targets learners along an educational continuum ranging from the undergraduate level through continuing professional education. These programs, based in the Rollins School of Public Health (RSPH) of Emory University, include: a competency-based graduate certificate program (the Certificate) in humanitarian emergencies; a fellowship program for mid-career professionals; and funded field practica. The competency-based Certificate program began in 2010 with a cohort of 14 students. Since then, 101 students have received the Certificate with 50 more due for completion in 2016 and 2017 combined. The fellowship program for mid-career professionals has hosted four fellows from conflict-affected or resource-poor countries, who have then gone on to assume leadership positions with humanitarian organizations. From 2009-2015, the field practicum program supported 34 students in international summer practicum experiences related to emergency response or preparedness. Students have participated in summer field experiences on every continent but Australia. Together the Certificate, funded field practicum opportunities, and the fellowship comprise current efforts in providing innovative education and training for graduate and post-graduate students of public

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 Humanitarian Action Qualifications Framework : A Quality Assurance Tool for the Humanitarian Sector

NARCIS (Netherlands)

Aardema, Bastiaan; Churruca Muguruza, Cristina

The article presents the European Universities on Professionalisation on Humanitarian Action (EUPRHA) Project as an initiative that seeks to contribute to the professionalisation and quality assurance of the humanitarian sector. Its purpose is to explain the approach and the process leading to the

Humanitarian crises: what determines the level of emergency assistance? Media coverage, donor interests and the aid business.

Science.gov (United States)

Olsen, Gorm Rye; Carstensen, Nils; Høyen, Kristian

2003-06-01

This paper proposes a basic hypothesis that the volume of emergency assistance any humanitarian crisis attracts is determined by three main factors working either in conjunction or individually. First, it depends on the intensity of media coverage. Second, it depends on the degree of political interest, particularly related to security, that donor governments have in a particular region. Third, the volume of emergency aid depends on strength of humanitarian NGOs and international organisations present in a specific country experiencing a humanitarian emergency. The empirical analysis of a number of emergency situations is carried out based on material that has never been published before. The paper concludes that only occasionally do the media play a decisive role in influencing donors. Rather, the security interests of Western donors are important together with the presence and strength of humanitarian stakeholders, such as NGOs and international organisations lobbying donor governments.

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 ...

The co-construction of medical humanitarianism: analysis of personal, organizationally condoned narratives from an agency website.

Science.gov (United States)

Ager, Alastair; Iacovou, Melina

2014-11-01

Recent years have seen significant growth in both the size and profile of the humanitarian sector. However, little research has focused upon the constructions of humanitarian practice negotiated by agencies and their workers that serve to sustain engagement in the face personal challenges and critique of the humanitarian enterprise. This study used the public narrative of 129 website postings by humanitarian workers deployed with the health-focused international humanitarian organization Médecins Sans Frontières (MSF) to identify recurrent themes in personal, organizationally-condoned, public discourse regarding humanitarian practice. Data represented all eligible postings from a feature on the agency's UK website from May 2002 to April 2012. The text of postings was analysed with respect to emergent themes on an iterative basis. Comprehensive coding of material was achieved through a thematic structure that reflected the core domains of project details, the working environment, characteristics of beneficiaries and recurrent motivational sub-texts. Features of the co-construction of narratives include language serving to neutralize complex political contexts; the specification of barriers as substantive but surmountable; the dominance of the construct of national-international in understanding the operation of teams; intense personal identification with organization values; and the use of resilience as a framing of beneficiary adaptation and perseverance in conditions that--from an external perspective--warrant despair and withdrawal. Recurrent motivational sub-texts include 'making a difference' and contrasts with 'past professional constraints' and 'ordinary life back home.' The prominence of these sub-texts not only highlights key personal agendas but also suggests--notwithstanding policy initiatives regarding stronger contextual rooting and professionalism--continuing organizational emphasis on externality and volunteerism. Overall, postings illustrate a

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...

Everyday Humanitarianism: Ethics, Affects and Practices

DEFF Research Database (Denmark)

Richey, Lisa Ann; Chouliaraki, Lillie

2017-01-01

Our starting point in this special issue is in opening up traditional understandings and practices of humanitarianism to bring multi-faceted approaches to a classical area of political inquiry. As the rhetoric and practice of humanitarian good-doing becomes increasingly widespread in our public...... life—from celebrity culture to Twitter messaging and from Christmas shopping to concert-going—key questions arise. What does humanitarianism look like in the age of market-driven, digital media-based action? What happens to traditional humanitarian ideals, at the time of increasing bureaucratization...... and celebrification of humanitarian practice? What are the implications of such practices for the ethics and politics of contemporary benevolence? Do we live in an age of “post-humanitarianism” where doing good for others is intrinsically linked with feelings of gratification for the self? Universal questions...

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.…

Consecration normative de la responsabilite individuelle penale au niveau international

Directory of Open Access Journals (Sweden)

Dorul Olga

2017-04-01

Full Text Available The horrors of the two world wars, reproved by the entire international society as inevitable consequence had the establishment of the mechanism of international liability of individuals who have committed war crimes. The statutes of the two international military tribunals established after the Second World War laid the foundation of a new branch of law - International Criminal Law. Among the principles recognized in the statutes of the tribunals, a special role-plays the principle of international criminal liability. Namely, the legal establishment of the international individual criminal liability in its time marked a “revolution” in Public International Law. Nowadays, the international society marked by the presence of multiple military conflicts, which inevitably involves committing of war crimes, should consolidate all the potential in order to counteract them and to punish those guilty of non-compliance with the International Humanitarian Law, which constitute war crimes. This can be achieved including through a detailed regulation by Public International Law instruments and constituents of the concept of war crimes. However, today we are witnessing the increasing role of international courts that have the jurisdiction to prosecute and punish war crimes, which are not effectively repressed by national judicial courts.

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 ...

Save the Children, the humanitarian project, and the politics of solidarity: reviving Dorothy Buxton's vision.

Science.gov (United States)

Baughan, Emily; Fiori, Juliano

2015-10-01

This paper reflects on the foundational years of Save the Children, one of the oldest and largest Western humanitarian agencies and a mainstay of the humanitarian project. In doing so, it considers how and why, at an early stage, the organisation depoliticised its activities, centring its narrative on the innocent, pre-political child-the image of unsullied humanity. In addition, it seeks to recover the internationalist vision of Save the Children's 'forgotten founder', Dorothy Buxton. Save the Children's turn to non-politics is indicative of the broader depoliticisation of Western humanitarian action. Given the intensely contested spaces in which Western humanitarian non-governmental organisations (NGOs) operate, these entities cannot escape politics. This paper argues that Buxton's efforts to build an international solidarity network through humanitarian action after the end of the First World War in 1918 provide an instructive basis on which these NGOs can pursue a politics of solidarity in the present day. © 2015 The Author(s). Disasters © Overseas Development Institute, 2015.

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.

The International Criminal Court and the construction of International Public Order

Directory of Open Access Journals (Sweden)

Sofia Santos

2014-11-01

Full Text Available Envisioning an international public order means envisioning an order sustained by a legal and institutional framework that ensures effective collective action with a view to defending fundamental values of the international community and to solving common global problems, in line with the universalist vision of international law. Envisioning the construction of an international public order means considering that this framework, which embraces and promotes the respect for human rights focused particularly on human dignity, is consolidating and evolving based on the International Criminal Court (ICC. The establishment of the ICC added an international punitive perennial facet to international humanitarian law and international human rights law and linked justice to peace, to security and to the well-being of the world, reaffirming the principles and objectives of the Charter of the United Nations (UN. Nevertheless, the affirmation process of an international criminal justice by punishing those responsible for the most serious crimes of concern to the international community as a whole, faces numerous obstacles of political and normative character. This article identifies the central merits of the Rome Statute and ICC’s practice and indicates its limitations caused by underlying legal-political tensions and interpretive questions relating to the crime of aggression and crimes against humanity. Finally, the article argues for the indispensability of rethinking the jurisdiction of the ICC, defending the categorization of terrorism as an international crime, and of articulating its mission with the "responsibility to protect", which may contribute to the consolidation of the ICC and of international criminal law and reinforce its role in the construction of an effective international public order.

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

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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

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...

Humanitarian information management and systems

NARCIS (Netherlands)

van de Walle, B.A.; van den Eede, G.G.P.; Muhren, W.J.; Loffler, J.; Klann, M.

2009-01-01

In times of major disasters such as hurricane Katrina or the Sichuan earthquake, the need for accurate and timely information is as crucial as is rapid and coherent coordination among the responding humanitarian community. Effective humanitarian information systems that provide timely access to

The League of Nations' rescue of Armenian genocide survivors and the making of modern humanitarianism, 1920-1927.

Science.gov (United States)

Watenpaugh, Keith David

2010-01-01

The essay centers of the efforts by the League of Nations to rescue women and children survivors of the 1915 Armenian Genocide. This rescue -- a seemingly unambiguous good -- was at once a constitutive act in drawing the boundaries of the international community, a key moment in the definition of humanitarianism, and a site of resistance to the colonial presence in the post-Ottoman Eastern Mediterranean. Drawing from a wide range of source materials in a number of languages, including Turkish, Armenian, and Arabic, the essay brings the intellectual and social context of humanitarianism in initiating societies together with the lived experience of humanitarianism in the places where the act took form. In so doing, it draws our attention to the proper place of the Eastern mediterranean, and its women and children, in the global history of humanitarianism. The prevailing narrative of the history of human rights places much of its emphasis on the post-World War II era, the international reaction to the Holocaust, and the founding of the United Nations. yet contemporary human rights thinking also took place within practices of humanitarianism in the interwar period, and is necessarily inseparable from the histories of refugees, colonialism, and the non-West.

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

Educating the humanitarian engineer.

Science.gov (United States)

Passino, Kevin M

2009-12-01

The creation of new technologies that serve humanity holds the potential to help end global poverty. Unfortunately, relatively little is done in engineering education to support engineers' humanitarian efforts. Here, various strategies are introduced to augment the teaching of engineering ethics with the goal of encouraging engineers to serve as effective volunteers for community service. First, codes of ethics, moral frameworks, and comparative analysis of professional service standards lay the foundation for expectations for voluntary service in the engineering profession. Second, standard coverage of global issues in engineering ethics educates humanitarian engineers about aspects of the community that influence technical design constraints encountered in practice. Sample assignments on volunteerism are provided, including a prototypical design problem that integrates community constraints into a technical design problem in a novel way. Third, it is shown how extracurricular engineering organizations can provide a theory-practice approach to education in volunteerism. Sample completed projects are described for both undergraduates and graduate students. The student organization approach is contrasted with the service-learning approach. Finally, long-term goals for establishing better infrastructure are identified for educating the humanitarian engineer in the university, and supporting life-long activities of humanitarian engineers.

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 ...

Legalisation of Civil Wars

DEFF Research Database (Denmark)

Buhl, Kenneth Øhlenschlæger

2009-01-01

This article is concerned with the legal challenges of regulating civil wars in international humanitarian law. Civil war is not a term used in international law; it falls however, withing the context of the legal term 'armed conflicts not of an international character', although the shorter 'non......-international armed conflict' is used here. Civil wars are usually limited to the territory of a state. Considering that international law is generally concerned with the legal relations between states – being a legal system based on the system of states with states as its subjects – the main question is how civil...... wars as internal conflicts have become subject to international humanitarian law....

Humanitarian NGOs: Dealing with authoritarian regimes

OpenAIRE

Walton, Oliver

2015-01-01

This paper explores the challenges facing humanitarian NGOs that work in authoritarian settings. Drawing on examples from North Korea, Myanmar, Darfur, and Sri Lanka, the paper examines some of the central dilemmas facing humanitarian actors in these contexts and the strategies they have deployed to address these. The paper then examines the oft-repeated recommendation that humanitarian agencies need to engage in more rigorous and more strategic analysis of their work in order to improve prac...

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.

Motivations, concerns, and expectations of Scandinavian health professionals volunteering for humanitarian assignments.

Science.gov (United States)

Bjerneld, Magdalena; Lindmark, Gunilla; McSpadden, Lucia Ann; Garrett, Martha J

2006-01-01

International nongovernmental organizations (NGOs) involved in humanitarian assistance employ millions of volunteers. One of the major challenges for the organizations is the high turnover rate among their personnel. Another is recruiting the right persons. As part of a series of studies investigating factors that affect the recruitment process and the success of assignment, this qualitative study examined health professionals' motivations for volunteering, their various concerns, and their expectations about themselves and the organizations for which they would work. The findings from focus group interviews with potential humanitarian volunteers were considered within the framework of Hertzberg's theory of motivations and Maslow's hierarchy of needs. The study has significant implications for personnel policy and practice in the humanitarian sector. Recruitment officers should have the self-actualized person, as described by Maslow, in mind when interviewing candidates. This perspective would make it easier for them to understand the candidates' thoughts and concerns and would lead to more effective interventions. Program officers should have satisfiers and dissatisfiers, as identified by Herzberg, in mind when planning programs. The probability that personnel will leave humanitarian work is lower if they perceive working conditions as good.

The (deMilitarization of Humanitarian Aid: A Historical Perspective

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Marc-Antoine Pérouse de Montclos

2014-06-01

Full Text Available Humanitarian workers often complain that international aid to victims of armed conflicts is more and more militarized because relief organizations are embedded into peacekeeping operations, used as a “force multiplier”, or manipulated as an instrument of diplomacy by proxy. Historically, however, charity has always been a military issue in times of war. We can distinguish four types of militarization of relief organizations in this regard. First is the use of charities to make “war by proxy”, as in Afghanistan or Nicaragua in the 1980s. The second pattern is “embedment”, like the Red Cross during the two world wars. The third is “self-defense”, as with the Order of Saint John of Jerusalem (now Malta in the 12th Century. The fourth, finally, is the model of “International Brigades” alongside the Spanish Republicans in 1936 or various liberation movements in the 1970s. In comparison, humanitarian aid today appears to be much less militarized. However, this perception also depends on the various definitions of the word “humanitarian”.

Book Review: Jus Cogens – International Law and Social Contract

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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

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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.

Tackling The Global Challenge: Humanitarian Catastrophes

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Kenneth V. Iserson

2014-03-01

Full Text Available “Humanitarian catastrophes,” conflicts and calamities generating both widespread human suffering and destructive events, require a wide range of emergency resources. This paper answers a number of questions that humanitarian catastrophes generate: Why and how do the most-developed countries—those with the resources, capabilities, and willingness to help—intervene in specific types of disasters? What ethical and legal guidelines shape our interventions? How well do we achieve our goals? It then suggests a number of changes to improve humanitarian responses, including better NGO-government cooperation, increased research on the best disaster response methods, clarification of the criteria and roles for humanitarian (military interventions, and development of post-2015 Millennium Development Goals with more accurate progress measures. [West J Emerg Med. 2014;15(2:231–240.

Digital humanitarians how big data is changing the face of humanitarian response

CERN Document Server

Meier, Patrick

2015-01-01

The Rise of Digital HumanitariansMapping Haiti LiveSupporting Search And Rescue EffortsPreparing For The Long Haul Launching An SMS Life Line Sending In The Choppers Openstreetmap To The Rescue Post-Disaster Phase The Human Story Doing Battle With Big Data Rise Of Digital Humanitarians This Book And YouThe Rise of Big (Crisis) DataBig (Size) Data Finding Needles In Big (Size) Data Policy, Not Simply Technology Big (False) Data Unpacking Big (False) Data Calling 991 And 999 Big (

Systems Design Perspective of Healthcare Provision in Humanitarian Aid

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Ana Laura Santos

2014-12-01

Full Text Available This study focuses on the role of Systems Design in addressing the challenges of healthcare provision by international emergency relief organizations in developing countries. More specifically the challenges related to the safety and performance of medical equipment that is transferred in the aftermath of a humanitarian crisis. The aim of this paper is to describe the transfer of medical equipment and its associated challenges from a systems perspective and to reflect on the value of Systems Design as an approach to humanitarian innovation, addressing the identified systemic challenges. The concepts of Human Factors and Ergonomics, and Product-Service Systems will be presented as valuable contributions to support designers in handling a larger degree of complexity throughout the design process and to support them to make informed choices regarding this particular context.

Emergency Response and Humanitarian Assistance Operations

Science.gov (United States)

2010-12-01

Humanitarian Assistance Operations Op Food DSTr I Support food distribution with U.S. ARMY / WFP - 03 to 18Fev2010 15 Dias 637,5 Ton de alimentos ...distribution by WFP – 10 a 18Mar2010 – 21 a 28Mar2010 1.723 Ton de Alimentos em 30 Dias Humanitarian Assistance Operations Op Food DSTr II Supporting food...distribution by WFP – 10 a 18Mar2010 8 Dias 420 Ton de alimentos Humanitarian Assistance Operations Op Food DSTr III Supporting food distribution by

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.

Russian-Chinese Humanitarian Cooperation in 1990-s

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E I Ganshina

2015-12-01

Full Text Available The article is devoted to Russian-Chinese humanitarian cooperation in the 90-ies of XX century. The author emphasizes the special importance of humanitarian cooperation between Russia and China for the promotion of national interests and the expansion of Russia's presence in China after the collapse of the USSR, as well as creating a positive image of the Russian state in China by applying the mechanism of “soft power”. The author notes that the 90-ies of XX century were the starting point of cooperation between Russia and China in the humanitarian sphere, it laid the legal foundation of Russian-Chinese humanitarian cooperation, moreover, the main directions and priorities of cooperation between the two countries in the humanitarian field have been identified. However, the author stresses that the practical realization of the objectives of the signed intergovernmental documents was carried out in an insufficiently wide format. And the main reason is the deep socio-economic crisis, which Russia had faced after the collapse of the Soviet Union, and, as a consequence, the lack of funding for joint Russian-Chinese projects in the humanitarian field.

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…

Humanitarian NGOs and Mediations of Political Order in Sri Lanka

DEFF Research Database (Denmark)

Sørensen, Birgitte

2008-01-01

This article argues that international and national humanitarian NGOs have a far more fundamental bearing on the social reconstitution of Sri Lankan society as a political, cultural, and moral entity than is usually acknowledged. Through their interventions, humanitarian agencies affect the power...... relationship between state and non-state actors and between local organizations and the war-affected populations that make up their constituencies. But NGOs also affect the political order by introducing new understandings of the citizen and providing alternative moral arguments to legitimize power...... and authority. What is taking place, the author contends, is best conceived of as mediations, since the global and the local, the modern and the traditional are coexistent as sources to be strategically drawn upon by the actors....

Understanding the security management practices of humanitarian organizations.

Science.gov (United States)

Bollettino, Vincenzo

2008-06-01

Humanitarian organisations operate in increasingly hostile environments. Although authoritative statistics are scarce, anecdotal evidence suggests that aid workers face life-threatening risks that are exacerbated by the growing number of humanitarian organisations operating in the field, the diversity of their mandates, the lack of common professional security standards, and limited success in inter-agency security coordination. Despite broad acceptance of the need for better security management and coordination, many humanitarian organisations remain ambivalent about devoting increased resources to security management and security coordination. A critical lack of basic empirical knowledge of the field security environment hampers efforts to enhance security management practices. The absence of a systematic means of sharing incident data undermines the capacity of the humanitarian community to address proactively security threats. In discussions about humanitarian staff safety and security, the least common denominator remains cumulative anecdotal evidence provided by the many security personnel working for humanitarian organisations in the feld.

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

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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

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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....

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

Medical humanitarianism, human rights and political advocacy: the case of the Israeli Open Clinic.

Science.gov (United States)

Gottlieb, Nora; Filc, Dani; Davidovitch, Nadav

2012-03-01

In the context of neo-liberal retrenchments humanitarian NGOs have become alternative healthcare providers that partially fill the vacuum left by the welfare state's withdrawal from the provision of services to migrants and other marginalized populations. In many cases they thus help to build legitimacy for the state's retreat from social responsibilities. Human rights organizations play an important role in advocating for migrants' rights, but in many cases they represent a legalistic and individualized conceptualization of the right to health that limits their claims for social justice. This paper analyzes the interactions and tensions between the discourses of medical humanitarianism, human rights and political advocacy using the example of an "Open Clinic" run by an Israeli human rights organization as a case-study: In 2007 dramatically increasing patient numbers provoked an intense internal debate concerning the proposal to temporarily close the "Open Clinic" in order to press the government to take action. Based on protocols from internal meetings and parliamentary hearings and in-depth interviews, we have analyzed divergent contextualizations of the Clinic's closure. These reflect conflicting notions regarding the Clinic's variegated spectrum of roles--humanitarian, political, legitimizing, symbolic, empowering and organizational--and underlying conceptualizations of migrants' "deservingness". Our case-study thus helps to illuminate NGOs' role in the realm of migrant healthcare and points out options for a possible fruitful relationship between the divergent paradigms of medical humanitarianism, human rights and political advocacy. Copyright © 2011. Published by Elsevier Ltd.

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

AGRESI ISRAEL TERHADAP PALESTINA PERSPEKTIF HUKUM HUMANITER INTERNASIONAL

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Aryuni Yuliantiningsih

2009-05-01

Full Text Available Israel’s agrresion to Palestina has international reactions because of enormous victims caused by that action, whom mostly were civilians. According humanitarian law, Israel’s agression to Palestina had breached humanitarian law principles, there are : humanity principle, limitation principle and distinction principle. Israel has done war crimes so international society asked how Israel can be justiced ? There are three mechanism to enforce humanitarian law. First, the contracting parties of Jeneva Convention State to enact any legislation neccessary to provide effective penal sanction for person committing or ordering to be comitted any of the grave breaches , second by ad hoc tribunal and third by International Criminal Court, but it is rather difficult to prosecute Israel because Israel don’t ratificate Roma Statuta 1998.

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

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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

Experimentation in humanitarian locations

DEFF Research Database (Denmark)

Jacobsen, Katja Lindskov

2015-01-01

Amid good intentions, such as providing humanitarian assistance to refugees, the use of biometric technology in humanitarian refugee management may entail various risks for the implicated refugee populations. Drawing on insights from science and technology studies, this article introduces...... a distinction between risks stemming from technology failure and risks stemming from successful uses of biometric technology. The article thus departs from the literature in which technology failure has been in focus by showing that analysing the effect of technology success adds an important dimension to our...

Governing sexual behaviour through humanitarian codes of conduct.

Science.gov (United States)

Matti, Stephanie

2015-10-01

Since 2001, there has been a growing consensus that sexual exploitation and abuse of intended beneficiaries by humanitarian workers is a real and widespread problem that requires governance. Codes of conduct have been promoted as a key mechanism for governing the sexual behaviour of humanitarian workers and, ultimately, preventing sexual exploitation and abuse (PSEA). This article presents a systematic study of PSEA codes of conduct adopted by humanitarian non-governmental organisations (NGOs) and how they govern the sexual behaviour of humanitarian workers. It draws on Foucault's analytics of governance and speech act theory to examine the findings of a survey of references to codes of conduct made on the websites of 100 humanitarian NGOs, and to analyse some features of the organisation-specific PSEA codes identified. © 2015 The Author(s). Disasters © Overseas Development Institute, 2015.

Humanitarian response: improving logistics to save lives.

Science.gov (United States)

McCoy, Jessica

2008-01-01

Each year, millions of people worldwide are affected by disasters, underscoring the importance of effective relief efforts. Many highly visible disaster responses have been inefficient and ineffective. Humanitarian agencies typically play a key role in disaster response (eg, procuring and distributing relief items to an affected population, assisting with evacuation, providing healthcare, assisting in the development of long-term shelter), and thus their efficiency is critical for a successful disaster response. The field of disaster and emergency response modeling is well established, but the application of such techniques to humanitarian logistics is relatively recent. This article surveys models of humanitarian response logistics and identifies promising opportunities for future work. Existing models analyze a variety of preparation and response decisions (eg, warehouse location and the distribution of relief supplies), consider both natural and manmade disasters, and typically seek to minimize cost or unmet demand. Opportunities to enhance the logistics of humanitarian response include the adaptation of models developed for general disaster response; the use of existing models, techniques, and insights from the literature on commercial supply chain management; the development of working partnerships between humanitarian aid organizations and private companies with expertise in logistics; and the consideration of behavioral factors relevant to a response. Implementable, realistic models that support the logistics of humanitarian relief can improve the preparation for and the response to disasters, which in turn can save lives.

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.

From Safety to (No)Where: Towards a Theory of Data Colonialism in Humanitarian Information Communication Technologies

OpenAIRE

Dauenhauer-Pendley, Lizza Marie

2017-01-01

Conceived on both an epistemic/post-colonial theory level and legal/ethical/pragmatic level, I will propose a theory of data colonialism in humanitarian information communications technologies (ICTs). Through two case studies, the first case study by lawyer and humanitarian ICT practitioner Sean Martin McDonald concerning the use of Call Detail Records (CDRs) as a response to the Ebola epidemic in Western Africa in 2014 and the second case study by the associate director of the International ...

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...

Development of a Course on Complex Humanitarian Emergencies: Preparation for the Impact of Climate Change.

Science.gov (United States)

Williams, Holly; Downes, Elizabeth

2017-11-01

The effects of climate change are far-reaching and multifactorial, with potential impacts on food security and conflict. Large population movements, whether from the aftermath of natural disasters or resulting from conflict, can precipitate the need for humanitarian response in what can become complex humanitarian emergencies (CHEs). Nurses need to be prepared to respond to affected communities in need, whether the emergency is domestic or global. The purpose of the article is to describe a novel course for nursing students interested in practice within the confines of CHEs and natural disasters. The authors used the Sphere Humanitarian Charter and Minimum Standards as a practical framework to inform the course development. They completed a review of the literature on the interaction on climate change, conflict and health, and competencies related to working CHEs. Resettled refugees, as well as experts in the area of humanitarian response, recovery, and mitigation from the Centers for Disease Control and Prevention and nongovernmental organizations further informed the development of the course. This course prepares the nursing workforce to respond appropriately to large population movements that may arise from the aftermath of natural disasters or conflict, both of which can comprise a complex humanitarian disaster. Using The Sphere Project e-learning course, students learn about the Sphere Project, which works to ensure accountability and quality in humanitarian response and offers core minimal standards for technical assistance. These guidelines are seen globally as the gold standard for humanitarian response and address many of the competencies for disaster nursing (http://www.sphereproject.org/learning/e-learning-course/). © 2017 Sigma Theta Tau International.

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

Rapid response: email, immediacy, and medical humanitarianism in Aceh, Indonesia.

Science.gov (United States)

Grayman, Jesse Hession

2014-11-01

After more than 20 years of sporadic separatist insurgency, the Free Aceh Movement and the Indonesian government signed an internationally brokered peace agreement in August 2005, just eight months after the Indian Ocean tsunami devastated Aceh's coastal communities. This article presents a medical humanitarian case study based on ethnographic data I collected while working for a large aid agency in post-conflict Aceh from 2005 to 2007. In December 2005, the agency faced the first test of its medical and negotiation capacities to provide psychiatric care to a recently amnestied political prisoner whose erratic behavior upon returning home led to his re-arrest and detention at a district police station. I juxtapose two methodological approaches-an ethnographic content analysis of the agency's email archive and field-based participant-observation-to recount contrasting narrative versions of the event. I use this contrast to illustrate and critique the immediacy of the humanitarian imperative that characterizes the industry. Immediacy is explored as both an urgent moral impulse to assist in a crisis and a form of mediation that seemingly projects neutral and transparent transmission of content. I argue that the sense of immediacy afforded by email enacts and amplifies the humanitarian imperative at the cost of abstracting elite humanitarian actors out of local and moral context. As a result, the management and mediation of this psychiatric case by email produced a bureaucratic model of care that failed to account for complex conditions of chronic political and medical instability on the ground. Copyright © 2014 Elsevier Ltd. All rights reserved.

THE LOSS OF MALAYSIA AIRLINES FLIGHT MH17: A FORENSIC AND HUMANITARIAN TASK.

Science.gov (United States)

Ranson, David

2015-06-01

While forensic medical tasks are usually associated with supporting the criminal justice system, there are a range of forensic medical skills that can be brought to bear on addressing humanitarian activities. Disaster victim identification is a procedure that has achieved international standardisation through the work of a multinational Interpol Standing Committee. While part of a police organisation, it includes forensic pathologists, anthropologists, odontologists and molecular biologists who provide most of the specialist scientific input regarding identification that is integrated with police processes such as document examination and fingerprinting. The loss of Malaysian Airlines Flight MH17 represented a major activation of these procedures in an environment that had both humanitarian and forensic criminal investigation components. The information that is derived from the processes involved in disaster victim identification has a value that goes far beyond the determination of identity. It has an important humanitarian role in supporting the family and friends of the victims in their bereavement journey.

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

Directory of Open Access Journals (Sweden)

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

[Experience of Handicap International in providing humanitarian relief in region near Aceh, Indonesia from March 1 to 27, 2005].

Science.gov (United States)

Gillet, Y

2005-01-01

This report describes the experience of the author in March 2005 during the relief efforts deployed in the region near Aceh, Indonesia (North Sumatra) by Handicap International, one of the 400 NGO that provided humanitarian aid following the tsunami disaster that struck Southeast Asia on December 26, 2004. Working in Banda Aceh and Meulaboh, the author was confronted with the extent of the devastation both in terms of property damage and human suffering. Clinical cases were often severe and rarely encountered in industrialized countries. The tsunami worsened the already poor sanitary conditions: rundown care facilities, poorly trained health care personnel, tropical disease, poor hygiene, and AVP.

Preventing corruption in humanitarian assistance: perceptions, gaps and challenges.

Science.gov (United States)

Maxwell, Daniel; Bailey, Sarah; Harvey, Paul; Walker, Peter; Sharbatke-Church, Cheyanne; Savage, Kevin

2012-01-01

Corruption is a threat to the purpose of humanitarian assistance. Until fairly recently, humanitarian assistance has not been considered an important arena in broader efforts aimed at curbing corruption, and corruption has not always been considered a particularly important concern for humanitarian assistance despite the obviously challenging nature of the context of humanitarian emergencies. Corruption, though, is a threat to humanitarian action because it can prevent assistance from getting to the people who most need it, and because it can potentially undermine public support for such assistance. This paper examines perceptions of corruption and its affects, documents best practices, and outlines gaps in understanding. It suggests recommendations for improving the capacity of humanitarian agencies to prevent and manage the risk of corruption. Agencies have taken steps to combat corruption and improve accountability--downwards and upwards--but scope remains for improvement and for greater sharing of learning and good practice. © 2012 The Author(s). Disasters © Overseas Development Institute, 2012.

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

Humanitarian Appeal and the Paradox of Power

DEFF Research Database (Denmark)

Vestergaard Jørgensen, Anne

2013-01-01

politicization. Some say that humanitarianism is in crisis. This article examines the development of humanitarian advertising through analysis of 124 newspaper ads published in the period from 1970 to 2005. Using a discourse analytical approach which combines institution analysis with multimodal text analysis...... organizations to external demands, in terms of their choice of beneficiaries for public attention and in terms of the symbolic relations they set up between donors and beneficiaries. It is argued that this development is associated with a paradox of power and results in humanitarian organizations surrendering...

S Bosch THE INTERNATIONAL HUMANITARIAN LAW NOTION

African Journals Online (AJOL)

10332324

Regulations (HR)) art 3; Protocol Additional to the Geneva Conventions of 12 August 1949, and. Relating to the .... treaty and customary based rules of IHL, but rather to offer a comprehensive guide as to how to interpret the term ... ambit of those restricted acts which amount to direct participation in hostilities.38. Determining ...

Feed the dogs: The case of humanitarian communication in social media

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Gry Høngsmark Knudsen

2016-06-01

Full Text Available In this paper we address the interplay between networked media and humanitarian communication through the lens of meditization theory in order to forward a more balanced understanding of networked humanitarianism. We analyze a case of humanitarian communication that travelled Facebook in unpredictable ways and demonstrate the breakdown between sender and receiver positions. The case shows how communicative practices are challenged and how humanitarian organizations are destabilized in a new and unpredictable communication environment. We argue that in order to deepen the critical perspective on networked humanitarian communication, it is important to better understand how the institutional logic of humanitarianism changes when mediatized through networked media. Further, we suggest that a broader consideration of media amalgamation enables a critical discussion of networked media influence humanitarianism.

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.

HUMANITARIAN AID DISTRIBUTION FRAMEWORK FOR NATURAL DISASTER MANAGEMENT

OpenAIRE

Mohd, S.; Fathi, M. S.; Harun, A. N.

2018-01-01

Humanitarian aid distribution is associated with many activities, numerous disaster management stakeholders, enormous effort and different processes. For effective communication, humanitarian aid distribution activities require appropriate and up-to-date information to enhance collaboration, and improve integration. The purpose of this paper is to develop a humanitarian aid distribution framework for disaster management in Malaysia. The findings of this paper are based on a review of the huma...

Editorial: Humanitarian Open Source (December 2010

Directory of Open Access Journals (Sweden)

Leslie Hawthorn

2010-11-01

Full Text Available In recent years, our increasingly connected world has provided us with a greater understanding of the needs of our fellow global citizens. The devastating worldwide impact of natural disasters, disease, and poverty has been raised in our collective awareness and our ability to collectively alleviate this suffering has been brought to the fore. While many of us are familiar with donating our funds to better the lives of those less fortunate than ourselves, it is often easy to overlook a core component of facing these global challenges: information technology. The humanitarian open source movement seeks to ameliorate these sufferings through the creation of IT infrastructure to support a wide array of goals for the public good, such as providing effective healthcare or microloans to the poorest of the poor. Achieving these goals requires a sophisticated set of software and hardware tools, all of which work to save and improve lives in some of the most difficult of situations where the availability of electricity, data, IT knowledge, etc. may be low or lacking altogether. It should come as no surprise that the humanitarian open source domain attracts a great deal of attention from software developers, engineers, and others who find that they are able to both solve intense technical challenges while helping to improve the lives of others. However, to support ongoing humanitarian needs, the communities who produce humanitarian free and open source software (HFOSS and hardware have increasingly identified the need for business models to support their efforts. While the lower cost of using open source software and hardware solutions means that more funds can be directed to aid and comfort those in need, the goodwill of developer communities and the funds of grantees alone cannot grow the ecosystem sufficiently to meet ever-growing global needs. To face these challenges - poverty, global health crises, disaster relief, etc. - humanitarian open source

Leveraging Logistics Partnerships: Lessons from Humanitarian Organizations

NARCIS (Netherlands)

R. Samii (Ramina)

2008-01-01

textabstractThis thesis explores an under-researched field: humanitarian organizations and their supply chains. Humanitarian organizations respond to the basic needs of populations that experience a tragic disruption in their lives. Given the challenging contexts they operate in, this thesis first

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...

KONSEKUENSI NEGARA INDONESIA MENJADI ANGGOTA ICC (Studi Tentang Mekanisme Penegakan Hukum Humaniter Internasional

Directory of Open Access Journals (Sweden)

Isplancius Ismail

2014-05-01

Full Text Available International Humanitarian Law (IHL is a set of rules which is based on the 1949 Geneva Law and Hague Law in 1907 and equipped with Additional Protocols I and II of 1977. IHL seeks to provide protection to the victims of war and civilians in armed conflict (law of Geneva 1949 and what methods and tools that may be used in war (Hague Law 1907. The parties involved in armed conflict must respect the principles of limitation, proportionality and distinction. Violations of international humanitarian law called war criminals must be prosecuted as crimes against human rights. Enforcement of international humanitarian law carried out through the mechanism according to the 1949 Geneva Law, by temporary or ad hoc Court, and by the International Criminal Court (ICC. The method used in this research is normative qualitative approach by taking secondary data as a source of information. The results indicate that the consequences of Indonesia as a state to be a member of ICC are having the synergy process national law with Rome Statute covering criminal law, criminal procedural law, extradition, human rights court and the law of human rights itself. The final goals of the synergy are to make Rome Statuta as a follow up system of national judicial, to avoid conflict between ICC and the law of Indonesia, and to make internal law procedure for Indonesia when ICC jurisdiction is active in Indonesia

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

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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.

Introduction: evidence-based action in humanitarian crises

NARCIS (Netherlands)

Dijkzeul, D.; Hilhorst, D.; Walker, P.

2013-01-01

This introductory paper sets the stage for this special issue of Disasters on evidence-based action in humanitarian crises. It reviews definition(s) of evidence and it examines the different disciplinary and methodological approaches to collecting and analysing evidence. In humanitarian action, the

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...

Applying Best Supply Chain Practices to Humanitarian Relief

OpenAIRE

Russell, Roberta S.; Hiller, Janine S.

2015-01-01

With the growth in length and breadth of extended supply chains, more companies are employing risk management techniques and resilience planning to deal with burgeoning and costly supply chain disruptions. As companies can learn from humanitarian groups, so can humanitarian groups learn from industry how to respond, recover, and prepare for these disruptive events. This paper looks at industry leaders in supply chain risk management and explores how humanitarian supply chains can learn from i...

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

Directory of Open Access Journals (Sweden)

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

Investigating the Role of International Law in Controlling Communicable Diseases

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Aliasghar Kheirkhah

2017-02-01

Full Text Available International law globally plays a key role in the surveillance and control of communicable diseases. Throughout the nineteenth century, international law played a dominant role in harmonizing the inconsistent national quarantine regulations of European nation states; facilitating the exchange of epidemiological information on infectious diseases; establishing international health organizations; and standardization of surveillance. Today, due to changed forms of infectious diseases and individuals' lifestyles as well as individuals' proximity caused by increased air travels, communicable diseases are in an international and cross-border form. In this regard, binding regulations and inconsistent rules adopted in international multilateral institutions like the World Health Organization, World Trade Organization, Food and Agriculture Organization can be of great use in surveillance and control of communicable diseases. With the globalization of public health, international law can be used as an essential tool in monitoring global health and reducing human vulnerability and mortality.

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)

Partnerships in global health and collaborative governance: lessons learnt from the Division of Tropical and Humanitarian Medicine at the Geneva University Hospitals.

Science.gov (United States)

Beran, David; Aebischer Perone, Sigiriya; Alcoba, Gabriel; Bischoff, Alexandre; Bussien, Claire-Lise; Eperon, Gilles; Hagon, Olivier; Heller, Olivia; Jacquerioz Bausch, Frédérique; Perone, Nicolas; Vogel, Thomas; Chappuis, François

2016-04-29

In 2007 the "Crisp Report" on international partnerships increased interest in Northern countries on the way their links with Southern partners operated. Since its establishment in 2007 the Division of Tropical and Humanitarian Medicine at the Geneva University Hospitals has developed a variety of partnerships. Frameworks to assess these partnerships are needed and recent attention in the field of public management on collaborative governance may provide a useful approach for analyzing international collaborations. Projects of the Division of Tropical and Humanitarian Medicine were analyzed by collaborators within the Division using the model proposed by Emerson and colleagues for collaborative governance, which comprises different components that assess the collaborative process. International projects within the Division of Tropical and Humanitarian Medicine can be divided into four categories: Human resource development; Humanitarian response; Neglected Tropical Diseases and Noncommunicable diseases. For each of these projects there was a clear leader from the Division of Tropical and Humanitarian Medicine as well as a local counterpart. These individuals were seen as leaders both due to their role in establishing the collaboration as well as their technical expertise. Across these projects the actual partners vary greatly. This diversity means a wide range of contributions to the collaboration, but also complexity in managing different interests. A common definition of the collaborative aims in each of the projects is both a formal and informal process. Legal, financial and administrative aspects of the collaboration are the formal elements. These can be a challenge based on different administrative requirements. Friendship is part of the informal aspects and helps contribute to a relationship that is not exclusively professional. Using collaborative governance allows the complexity of managing partnerships to be presented. The framework used highlights the

Cracking the humanitarian logistic coordination challenge: lessons from the urban search and rescue community.

Science.gov (United States)

Tatham, Peter; Spens, Karen

2016-04-01

The challenges of achieving successful inter-agency logistic coordination in preparing for and responding to natural disasters and complex emergencies are both well understood and well documented. However, although many of these challenges remain unresolved, the literature reveals that the organisations that form the urban search and rescue (USAR) community have attained a high level of coherence and interoperability that results in a highly efficient and effective response. Therefore, this paper uses the idea of 'borrowing' from other fields as it explores how the processes and procedures used by the USAR community might be applied to improve humanitarian logistic operations. The paper analyses the USAR model and explores how the resultant challenges might be addressed in a humanitarian logistic context. The paper recommends that further research be undertaken in order to develop a modified USAR model that could be operationalised by the international community of humanitarian logisticians. © 2016 The Author(s). Disasters © Overseas Development Institute, 2016.

Explaining Humanitarian Intervention in Libya and Non-Intervention in Syria

Science.gov (United States)

2012-06-01

enforcement of human rights could prevent authoritarian governments from hurting their own populations. On the other hand, the violent protests in Syria...humanitarian intervention in its current form because it "reinforces authoritarianism , hard sovereignty, [and] militarization.൩ Furthermore, he asks...December 2011), p. 48. 78 Philip Cunliffe, Dangerous duties: power, paternalism and the ’responsibility to protect’, Review of International Studies (2010

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

Mainstreaming Human Rights Education: What’s Radical About That?

Directory of Open Access Journals (Sweden)

Rosemary Ann Blanchard

2016-02-01

Full Text Available One of the most radical ways of teaching about universal human rights and international humanitarian law would be to teach about these fundamental internationally-recognized standards for humane interpersonal conduct to every child who enters school in the United States.  American illiteracy about human rights and humanitarian law standards contributes to the climate in which the United States preaches human rights to it's perceived opponents while refusing to apply universally recognized hr and ihl principles to itself. From the failure to incorporate into the American educational structure the cultural and linguistic rights of Indigenous peoples and ethnic, linguistic and religious minorities to the refusal to submit to the same standards of international humanitarian law which apply to all combatants, U.S. political and military leaders have been able to rely on the unfamiliarity of most Americans with the fundamental principles of human rights and international humanitarian law to insulate them from effective public scrutiny and meaningful challenge. This article describes efforts to mainstream human rights education at all levels of public education so it becomes a part of the educational experience of every child and, thus, part of the background of every adult. The risks of having HRE co-opted are dwarfed by the risks of having HRE sidelined.

The Shape and Sustainability of Turkey’s Booming Humanitarian Assistance

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Andrea Binder

2014-05-01

Full Text Available With several rising powers emerging as new actors on the humanitarian scene, viewing all ‘emerging donors’ as a homogenous group inevitably undermines efforts to constructively engage with them. With Turkey’s widely recognized engagement in Somalia and Syria, the country merits a nuanced analysis. How does it conceptualize humanitarian assistance? What norms and interests shape its humanitarian engagement? How is such an engagement financed and organized? Thoroughly evaluating how foreign and domestic agendas shape Turkey’s humanitarian engagement, the paper details how Ankara designs and implements its humanitarian assistance. The collaborative relationship between the government, faith-based businesses, and the religious segment of a generally deeply divided civil society emerges as a unique feature of Turkey’s humanitarian assistance. This set-up calls for an informed approach towards working with specific Turkish actors. It also questions the sustainability and scalability of current aid levels.

Nurses' contribution to short-term humanitarian care in low- to middle-income countries: An integrative review of the literature.

Science.gov (United States)

Dawson, Sonja; Elliott, Doug; Jackson, Debra

2017-12-01

To appraise the literature related to voluntary humanitarian work provided by international nurses in low- to middle-income countries. Nurses and other health professionals are engaged with both governmental and nongovernmental organisations to provide care within international humanitarian relief and development contexts. Current literature describes accounts of charitable health professional activity within short-term health-focused humanitarian trips; however, there is minimal research describing the care that nurses provide and the professional roles and tasks they fulfil whilst participating in international volunteer healthcare service. Integrative review. A search of articles published between 1995-2015 was conducted using seven bibliographic databases. Inclusion criteria incorporated nurses and allied health professionals' involvement in a volunteer short-term medical team capacity. Papers describing military and/or disaster response with a service-learning focus were excluded. Nineteen papers were selected for review, description and discussion of findings. Findings revealed limited data describing the care nurses provide and the professional roles and tasks they fulfil within the context of international humanitarian short-term medical trips. Issues raised included a description of demographic data regarding participants and sending agencies, motivation for volunteer participation, perceptions of effectiveness of particular programmes and sustainability issues related to cultural, ethical or moral obligations of foreign health professionals working in a low- to middle-income countries. Study findings highlighted that although nurses are recruited and participate in health-focused humanitarian activities in low- to middle-income countries, there is extremely limited documented research about the amount and type of care that nurses specifically provide in this context. Furthermore, when identified, it is most often hidden within studies outlining services

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.

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.

Disaster management and humanitarian logistics – A South African perspective

Directory of Open Access Journals (Sweden)

Wilna L. Bean

2011-11-01

Full Text Available Disasters are becoming an unavoidable part of everyday life throughout the world, including South Africa. Even though South Africa is not a country affected by large-scale disasters such as earthquakes, the impact of disasters in South Africa is aggravated significantly by the vulnerability of people living in informal settlements. Humanitarian logistics, as a ‘new’ sub-field in the supply chain management context, has developed significantly recently to assist in disaster situations. This paper provides an overview of the South African humanitarian logistics context. Even though humanitarian logistics plays a critical role in the aftermath of disasters, it extends far beyond events that can typically be classified as ‘disasters’. Therefore the implication of the South African humanitarian logistics context on future research and collaboration opportunities in South African humanitarian logistics is also discussed. Finally, two recent case studies in the South African humanitarian logistics environment are discussed.

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

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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

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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.

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 ...

Neoliberal Sexual Humanitarianism and Story-Telling: The case of Somaly Mam

Directory of Open Access Journals (Sweden)

Heidi Hoefinger

2016-09-01

Full Text Available Stories of trafficking into the sex industry in Cambodia are a popular feature in local and international media, academic and development literature, policy and humanitarian debates, social and political discourse, and NGO interventions. These stories are powerful for their ability to evoke deep emotions and outrage from their intended audiences. However, they are equally powerful for the ways in which they can cause harm—namely to already marginalised populations of migrants and people involved in the sex trade either by choice, circumstance or coercion. One of the most contentious contemporary trafficking stories is that of the controversial case of Somaly Mam—the self-declared ‘sex slave’ turned ‘modern-day hero’. This paper outlines Mam’s prolific trajectory of self-representation according to the tropes of sexual humanitarianism and argues that these narratives helped to set in motion one of the most lucrative, and in many ways, most exploitative and problematic anti-trafficking endeavours in Cambodia, to date. The paper concludes with offering suggestions for how the anti-trafficking industry might better address real cases of trafficking and exploitation by focusing on structural violence and systemic injustice rather than on sensationalised humanitarian rhetoric, which can perpetuate harms.

Digital Humanitarians: How Big Data Is Changing the Face of Humanitarian Response : Patrick Meier, 2015, CRC Press (Boca Raton, FL, 978-1-4822-4839-5, 259 pp.).

Science.gov (United States)

Dave, Anushree

2017-12-01

This is a review of Patrick Meier's 2015 book, Digital Humanitarians: How Big Data Is Changing the Face of Humanitarian Response. The book explores the role of technologies such as high-resolution satellite imagery, online social media, drones, and artificial intelligence in humanitarian responses during disasters such as the 2010 Haiti earthquake. In this analysis, the book is examined using a humanitarian health ethics perspective.

Ethics and images of suffering bodies in humanitarian medicine.

Science.gov (United States)

Calain, Philippe

2013-12-01

Media representations of suffering bodies from medical humanitarian organisations raise ethical questions, which deserve critical attention for at least three reasons. Firstly, there is a normative vacuum at the intersection of medical ethics, humanitarian ethics and the ethics of photojournalism. Secondly, the perpetuation of stereotypes of illness, famine or disasters, and their political derivations are a source of moral criticism, to which humanitarian medicine is not immune. Thirdly, accidental encounters between members of the health professions and members of the press in the humanitarian arena can result in misunderstandings and moral tension. From an ethics perspective the problem can be specified and better understood through two successive stages of reasoning. Firstly, by applying criteria of medical ethics to the concrete example of an advertising poster from a medical humanitarian organisation, I observe that media representations of suffering bodies would generally not meet ethical standards commonly applied in medical practice. Secondly, I try to identify what overriding humanitarian imperatives could outweigh such reservations. The possibility of action and the expression of moral outrage are two relevant humanitarian values which can further be spelt out through a semantic analysis of 'témoignage' (testimony). While the exact balance between the opposing sets of considerations (medical ethics and humanitarian perspectives) is difficult to appraise, awareness of all values at stake is an important initial standpoint for ethical deliberations of media representations of suffering bodies. Future pragmatic approaches to the issue should include: exploring ethical values endorsed by photojournalism, questioning current social norms about the display of suffering, collecting empirical data from past or potential victims of disasters in diverse cultural settings, and developing new canons with more creative or less problematic representations 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

Notes from the Field: The Humanitarian Crisis in Ukraine

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John M Quinn

2015-01-01

Full Text Available Humanitarian crises are politically and socially charged, and as actors, donors and organizations move in to help, duplication of services can ensue. Despite the influx of humanitarian actors into the war zone of eastern Ukraine, more are still needed to address immediate threat to the health of more than 5 million at-risk people in the area. The humanitarian disaster in Ukraine requires fast support and stakeholder involvement to mitigate preventable death among at-risk populations. As the crisis unfolds and many more people are caught in the crossfire with no health security, WHO is leading the charge to organize healthcare and humanitarian action to relive human suffering and engender health security for all.

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

Making sense of media synchronicity in humanitarian crises

NARCIS (Netherlands)

Muhren, W.J.; van den Eede, G.G.P.; van de Walle, B.A.

2009-01-01

This paper reintroduces concepts from sensemaking in media synchronicity theory (MST). It focuses on how media should support synchronicity to fit communication needs when making sense of a humanitarian crisis situation. Findings from interviews with senior management of humanitarian aid

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

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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

Refugee-led humanitarianism in Lebanon’s Shatila camp

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Hind Sharif

2018-02-01

Full Text Available Refugee-led humanitarian initiatives by ‘established’ Palestinian refugees in response to the arrival of ‘new’ displaced Syrians to Shatila camp raise key questions about the limitations of the humanitarian system and representations of refugees as passive victims.

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

The FARC a way into new wars

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José Fernando Valencia Grajales

2011-07-01

Full Text Available This text, first comparing the FARC with the texts of Mao Tse-Tung, Strategic Issues in Guerrilla War Against Japan, with Diana Hernández Hoyos, International Humanitarian Law: How and why to apply international humanitarian law to the law and the internal conflict in Colombia, also Mary Kaldor, New Wars, Chapter 2 and 3, with Peter Waldman and Fernando Reinares, in companies in the Civil War, Chapter 1 and 3, and also that of Eduardo Pizarro Leon Gomez. The FARC, Defense to the Combination of All Forms of Struggle. Chapter 1, second in the comparisons were attempted an analysis of the historical circumstances, to finely make conclusions

Carving out humanitarian space

OpenAIRE

Jean-François Durieux; Sivanka Dhanapala

2008-01-01

Agencies working inside Myanmar to assist forcibly displacedpeople work within an extremely constricted operationalenvironment. Despite occasional glimmers of hope, carvingout sufficient humanitarian space to meet urgent needsremains an uphill struggle.

Research Directions in Information Systems for Humanitarian Logistics

NARCIS (Netherlands)

Sangiamkul, Esther; van Hillegersberg, Jos

2011-01-01

This article systematically reviews the literature on using IT (Information Technology) in humanitarian logistics focusing on disaster relief operations. We first discuss problems in humanitarian relief logistics. We then identify the stage and disaster type for each article as well as the article’s

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...

Stabilisation and humanitarian access in a collapsed state: the Somali case.

Science.gov (United States)

Menkhaus, Ken

2010-10-01

Somalia today is the site of three major threats: the world's worst humanitarian crisis; the longest-running instance of complete state collapse; and a robust jihadist movement with links to Al-Qa'ida. External state-building, counter-terrorism and humanitarian policies responding to these threats have worked at cross-purposes. State-building efforts that insist humanitarian relief be channelled through the nascent state in order to build its legitimacy and capacity undermine humanitarian neutrality when the state is a party to a civil war. Counter-terrorism policies that seek to ensure that no aid benefits terrorist groups have the net effect of criminalising relief operations in countries where poor security precludes effective accountability. This paper argues that tensions between stabilisation and humanitarian goals in contemporary Somalia reflect a long history of politicisation of humanitarian operations in the country. © 2010 The Author(s). Journal compilation © Overseas Development Institute, 2010.

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

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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.

KEDUDUKAN INDIVIDU DALAM HUKUM INTERNASIONAL

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Heribertus Jaka Triyana

2015-02-01

Full Text Available Rethinking of the role of person or individuals in international law has become more significant due to the development of branches of international law; the international criminal law, international human rights law and international humanitarian law. This essay focuses on issue of law enforcement of individuals responsibility toward international wrongful acts, mechanisms and their futher development. Historical development is used as a point of view in this essay to reach conclusion of the role of individuals in international law.

Women's oral and dental health aspects in humanitarian missions and disasters: Jordanian experience.

Science.gov (United States)

Smadi, Leena; Sumadi, Aiman Al

2016-01-01

The study aimed to review oral and dental health aspects in female patients presented to Jordanian Royal Medical Services (RMS) international humanitarian missions over a 3-year period. Analysis of humanitarian missions of RMS data and records over a 3-year period (2011-2013) in regard to women's oral and dental health issues was done. The data were analyzed in regard to the number of women seen, the presenting conditions, and the prevalence of oral and dental diseases and procedures in these cases. During the 3-year period, 72 missions were deployed in four locations (Gaza, Ram Allah-West Bank, Jeneen-West Bank, and Iraq). The total number of females seen in this period was 86,436 women, accounting for 56 percent of adult patients seen by RMS humanitarian missions. Dental Clinics were deployed to only two missions (Iraq and Gaza), during which they received 13,629 visits; of these, 41 percent were females (5,588 patients), 29 percent were males, and 30 percent were in the pediatric age group. Trauma accounts for only 7 percent of the cases, while nonacute dental problems (caries and gingivitis) were responsible for the majority of cases (31.6 and 28.7 percent, respectively). RMS dental services during humanitarian mission deployment are a vital part of comprehensive healthcare. Women usually seek more dental care than men, with the majority of treatments for nonacute conditions. RMS experiences demonstrate the tremendous need for a well-defined preparedness plan for deployment of humanitarian missions that considers the contributions of all types of health professionals, the appropriate mobile technology to respond to emergent health risks, and a competent workforce ready and able to respond. Such preparation will require our dental education programs to develop disaster preparedness competencies to achieve the desired level of understanding.

Ozbrojené konflikty a nová koncepce mezinárodního humanitárního práva?

Czech Academy of Sciences Publication Activity Database

Mrázek, Josef

2011-01-01

Roč. 150, č. 4 (2011), s. 332-361 ISSN 0231-6625 Institutional research plan: CEZ:AV0Z70680506 Keywords : public international law * armed conflicts * international humanitarian law Subject RIV: AG - Legal Sciences

The silent victims of humanitarian crises and livelihood (in)security: a case study among migrants in two Chadian towns

NARCIS (Netherlands)

Djindil, N.S.; Bruijn, de M.

2009-01-01

Once a humanitarian disaster receives coverage in the global media, the international community usually mobilises to reduce the most severe consequences. However people in Chad are experiencing endemic crises that are detached from speci!c triggers, and they are not receiving any international

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

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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

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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.

Seeking Deliberation on the Unborn in International Law

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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.

Carving out humanitarian space

Directory of Open Access Journals (Sweden)

Jean-François Durieux

2008-01-01

Full Text Available Agencies working inside Myanmar to assist forcibly displacedpeople work within an extremely constricted operationalenvironment. Despite occasional glimmers of hope, carvingout sufficient humanitarian space to meet urgent needsremains an uphill struggle.

Humanitarian situation in Iraq

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Rianne ten Veen

2007-06-01

Full Text Available Increasing violence is severely constraining the humanitarian space and making it next to impossible to deliver emergency relief to many vulnerable groups in the worst-affected areas of central Iraq.

Humanitarian Use Devices/Humanitarian Device Exemptions in cardiovascular medicine.

Science.gov (United States)

Kaplan, Aaron V; Harvey, Elisa D; Kuntz, Richard E; Shiran, Hadas; Robb, John F; Fitzgerald, Peter

2005-11-01

The Second Dartmouth Device Development Symposium held in October 2004 brought together leaders from the medical device community, including clinical investigators, senior representatives from the US Food and Drug Administration, large and small device manufacturers, and representatives from the financial community to examine difficult issues confronting device development. The role of the Humanitarian Use Device/Humanitarian Device Exemption (HUD/HDE) pathway in the development of new cardiovascular devices was discussed in this forum. The HUD/HDE pathway was created by Congress to facilitate the availability of medical devices for "orphan" indications, ie, those affecting HDEs have been granted (23 devices, 6 diagnostic tests). As the costs to gain regulatory approval for commonly used devices increase, companies often seek alternative ways to gain market access, including the HUD/HDE pathway. For a given device, there may be multiple legitimate and distinct indications, including indications that meet the HUD criteria. Companies must choose how and when to pursue each of these indications. The consensus of symposium participants was for the HUD/HDE pathway to be reserved for true orphan indications and not be viewed strategically as part of the clinical development plan to access a large market.

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.

In/visible conflicts: NGOs and the visual politics of humanitarian photography

OpenAIRE

Dencik, Lina; Allan, Stuart

2017-01-01

This article examines the diverse factors shaping NGO involvement with humanitarian\\ud photography, paying particular attention to co-operative relationships with\\ud photojournalists intended to facilitate the generation of visual coverage of crises\\ud otherwise marginalised, or ignored altogether, in mainstream news media. The\\ud analysis is primarily based on a case study drawing upon 26 semi-structured interviews\\ud with NGO personnel (International Red Cross/Red Crescent Movement, Oxfam a...

Legal Challenges of Combating Terrorism: International Humanitarian Law Implications of ‘Signature Strikes’ by Drones.

OpenAIRE

Ndi, George

2015-01-01

Terrorism has become the main international security challenge of the 21st century. From a historical perspective, terrorism has always been a serious concern for governments and nation states. The modern threat posed by terrorism has a much wider scope because of its international character. The much bigger threat posed by modern terrorism can also be explained by technological innovations and the reliance of terror networks on social networks both to propagate their message and as a recruit...

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

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.

Celebrity Humanitarianism and North-South Relations

DEFF Research Database (Denmark)

as a place where celebrities intervene into existing politics and social processes, or as the generator of Southern celebrities engaged in ‘do-gooding’. This book examines what the diverse roster of celebrity humanitarians are actually doing in and across North and South contexts. Celebrity humanitarianism......Discussion over celebrity engagement is often limited to theoretical critique or normative name-calling, without much grounded research into what it is that celebrities are doing, the same or differently throughout the world. Crucially, little attention has been paid to the Global South, either...

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

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...

Humanitarian engineering in the engineering curriculum

Science.gov (United States)

Vandersteen, Jonathan Daniel James

There are many opportunities to use engineering skills to improve the conditions for marginalized communities, but our current engineering education praxis does not instruct on how engineering can be a force for human development. In a time of great inequality and exploitation, the desire to work with the impoverished is prevalent, and it has been proposed to adjust the engineering curriculum to include a larger focus on human needs. This proposed curriculum philosophy is called humanitarian engineering. Professional engineers have played an important role in the modern history of power, wealth, economic development, war, and industrialization; they have also contributed to infrastructure, sanitation, and energy sources necessary to meet human need. Engineers are currently at an important point in time when they must look back on their history in order to be more clear about how to move forward. The changing role of the engineer in history puts into context the call for a more balanced, community-centred engineering curriculum. Qualitative, phenomenographic research was conducted in order to understand the need, opportunity, benefits, and limitations of a proposed humanitarian engineering curriculum. The potential role of the engineer in marginalized communities and details regarding what a humanitarian engineering program could look like were also investigated. Thirty-two semi-structured research interviews were conducted in Canada and Ghana in order to collect a pool of understanding before a phenomenographic analysis resulted in five distinct outcome spaces. The data suggests that an effective curriculum design will include teaching technical skills in conjunction with instructing about issues of social justice, social location, cultural awareness, root causes of marginalization, a broader understanding of technology, and unlearning many elements about the role of the engineer and the dominant economic/political ideology. Cross-cultural engineering development

Work-related stress in a humanitarian context: a qualitative investigation.

Science.gov (United States)

Jachens, Liza; Houdmont, Jonathan; Thomas, Roslyn

2018-03-13

There is a paucity of research on the subjective stress-related experiences of humanitarian aid workers. Most evaluations of stress among these individuals focus on trauma and related conditions or adopt a quantitative approach. This interview-based study explored how 58 humanitarian aid workers employed by a United Nations-aligned organisation perceived the transactional stress process. The thematic analysis revealed eight main topics of interest: an emergency culture was found where most employees felt compelled to offer an immediate response to humanitarian needs; employees identified strongly with humanitarian goals and reported a high level of engagement; the rewards of humanitarian work were perceived as motivating and meaningful; constant change and urgent demands resulted in work overload; and managing work-life boundaries and receiving positive support from colleagues and managers helped to buffer perceived stress, work overload, and negative health outcomes. The practical implications of the results are discussed and suggestions made in the light of current research and stress theory. © 2018 The Author(s). Disasters © Overseas Development Institute, 2018.

Medical Humanitarianism Under Atmospheric Violence: Health Professionals in the 2013 Gezi Protests in Turkey.

Science.gov (United States)

Aciksoz, Salih Can

2016-06-01

During the 2013 Gezi protests in Turkey, volunteering health professionals provided on-site medical assistance to protesters faced with police violence characterized by the extensive use of riot control agents. This led to a government crackdown on the medical community and the criminalization of "unauthorized" first aid amidst international criticisms over violations of medical neutrality. Drawing from ethnographic observations, in-depth interviews with health care professionals, and archival research, this article ethnographically analyzes the polarized encounter between the Turkish government and medical professionals aligned with social protest. I demonstrate how the context of "atmospheric violence"-the extensive use of riot control agents like tear gas-brings about new politico-ethical spaces and dilemmas for healthcare professionals. I then analyze how Turkish health professionals framed their provision of health services to protestors in the language of medical humanitarianism, and how the state dismissed their claims to humanitarian neutrality by criminalizing emergency care. Exploring the vexed role that health workers and medical organizations played in the Gezi protests and the consequent political contestations over doctors' ethical, professional, and political responsibilities, this article examines challenges to medical humanitarianism and neutrality at times of social protest in and beyond the Middle East.

Ethics of emergent information and communication technology applications in humanitarian medical assistance.

Science.gov (United States)

Hunt, Matthew; Pringle, John; Christen, Markus; Eckenwiler, Lisa; Schwartz, Lisa; Davé, Anushree

2016-07-01

New applications of information and communication technology (ICT) are shaping the way we understand and provide humanitarian medical assistance in situations of disaster, disease outbreak or conflict. Each new crisis appears to be accompanied by advancements in humanitarian technology, leading to significant improvements in the humanitarian aid sector. However, ICTs raise ethical questions that warrant attention. Focusing on the context of humanitarian medical assistance, we review key domains of ICT innovation. We then discuss ethical challenges and uncertainties associated with the development and application of new ICTs in humanitarian medical assistance, including avoiding harm, ensuring privacy and security, responding to inequalities, demonstrating respect, protecting relationships, and addressing expectations. In doing so, we emphasize the centrality of ethics in humanitarian ICT design, application and evaluation. © The Author 2016. Published by Oxford University Press on behalf of Royal Society of Tropical Medicine and Hygiene. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com.

Shelter strategies, humanitarian praxis and critical urban theory in post-crisis reconstruction.

Science.gov (United States)

Fan, Lilianne

2012-07-01

The paper seeks to link contemporary thinking on urban shelter in the humanitarian sector to debates in the field of 'critical urban theory'. It argues that current humanitarian thinking on urban shelter shares many common concerns with critical urban theory, but that these concerns are rarely translated effectively into humanitarian practice. It attributes this disconnect not only to weaknesses in implementation capacity, but also to the need to reorient humanitarian action to address more definitively questions of power and justice. Humanitarian actors need to step back from product-delivery approaches and find ways of integrating into their analytical, planning, implementation and monitoring tools questions about access, exclusion and the historically specific ways in which these aspects converge in particular urban spaces. By doing so, the humanitarian community would benefit from a more explicit, systematic and sustained engagement with the catalytic theoretical resources that critical urban theory has to offer. © 2012 The Author(s). Journal compilation © Overseas Development Institute, 2012.

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

Investigating the strategic antecedents of agility in humanitarian logistics.

Science.gov (United States)

L'Hermitte, Cécile; Brooks, Benjamin; Bowles, Marcus; Tatham, Peter H

2017-10-01

This study investigates the strategic antecedents of operational agility in humanitarian logistics. It began by identifying the particular actions to be taken at the strategic level of a humanitarian organisation to support field-level agility. Next, quantitative data (n=59) were collected on four strategic-level capabilities (being purposeful, action-focused, collaborative, and learning-oriented) and on operational agility (field responsiveness and flexibility). Using a quantitative analysis, the study tested the relationship between organisational capacity building and operational agility and found that the four strategic-level capabilities are fundamental building blocks of agility. Collectively they account for 52 per cent of the ability of humanitarian logisticians to deal with ongoing changes and disruptions in the field. This study emphasises the need for researchers and practitioners to embrace a broader perspective of agility in humanitarian logistics. In addition, it highlights the inherently strategic nature of agility, the development of which involves focusing simultaneously on multiple drivers. © 2017 The Author(s). Disasters © Overseas Development Institute, 2017.

Primary care in an unstable security, humanitarian, economic and political context: the Kurdistan Region of Iraq.

Science.gov (United States)

Shukor, Ali R; Klazinga, Niek S; Kringos, Dionne S

2017-08-23

This study presents a descriptive synthesis of Kurdistan Region of Iraq's (KRI) primary care system, which is undergoing comprehensive primary care reforms within the context of a cross-cutting structural economic adjustment program and protracted security, humanitarian, economic and political crises. The descriptive analysis used a framework operationalizing Starfield's classic primary care model for health services research. A scoping review was performed using relevant sources, and expert consultations were conducted for completing and validating data. The descriptive analysis presents a complex narrative of a primary care system undergoing classical developmental processes of transitioning middle-income countries. The system is simultaneously under tremendous pressure to adapt to the continuously changing, complex and resource-intensive needs of sub-populations exhibiting varying morbidity patterns, within the context of protracted security, humanitarian, economic, and political crises. Despite exhibiting significant resilience in the face of the ongoing crises, the continued influx of IDPs and Syrian refugees, coupled with extremely limited resources and weak governance at policy, organizational and clinical levels threaten the sustainability of KRI's public primary care system. Diverse trajectories to the strengthening and development of primary care are underway by local and international actors, notably the World Bank, RAND Corporation, UN organizations and USAID, focusing on varying imperatives related to the protracted humanitarian and economic crises. The convergence, interaction and outcomes of the diverse initiatives and policy approaches in relation to the development of KRI's primary care system are complex and highly uncertain. A common vision of primary care is required to align resources, initiatives and policies, and to enable synergy between all local and international actors involved in the developmental and humanitarian response. Further

Global Cancer Humanitarian Award

Science.gov (United States)

Pat Garcia-Gonzalez of the Max Foundation accepted the first annual NCI Global Cancer Medicine Humanitarian Award for her work in chronic myeloid leukemia at the NCI, Center for Global Health Symposium for Global Cancer Research, held in Boston on March 25, 2015.

AIonAI: a humanitarian law of artificial intelligence and robotics.

Science.gov (United States)

Ashrafian, Hutan

2015-02-01

The enduring progression of artificial intelligence and cybernetics offers an ever-closer possibility of rational and sentient robots. The ethics and morals deriving from this technological prospect have been considered in the philosophy of artificial intelligence, the design of automatons with roboethics and the contemplation of machine ethics through the concept of artificial moral agents. Across these categories, the robotics laws first proposed by Isaac Asimov in the twentieth century remain well-recognised and esteemed due to their specification of preventing human harm, stipulating obedience to humans and incorporating robotic self-protection. However the overwhelming predominance in the study of this field has focussed on human-robot interactions without fully considering the ethical inevitability of future artificial intelligences communicating together and has not addressed the moral nature of robot-robot interactions. A new robotic law is proposed and termed AIonAI or artificial intelligence-on-artificial intelligence. This law tackles the overlooked area where future artificial intelligences will likely interact amongst themselves, potentially leading to exploitation. As such, they would benefit from adopting a universal law of rights to recognise inherent dignity and the inalienable rights of artificial intelligences. Such a consideration can help prevent exploitation and abuse of rational and sentient beings, but would also importantly reflect on our moral code of ethics and the humanity of our civilisation.

INTERACTIONAL-GNOSTIC COMPONENT IN THE STRUCTURE OF GENERAL HUMANITARIAN BASIS OF EDUCATION

OpenAIRE

Tamara M. ELKANOVA

2015-01-01

The interactional-gnostic component of author's conceptual and theoretical model of general humanitarian basis of education provides integration at the level of development of different in the ontologic ways of knowledge of the world, training in associative and figurative thinking, translation from objective external language into internal language of figurative and conceptual models of reality, strengthening of attention to axiological notional content of the received knowledge, formation o...

Strange but common bedfellows: the relationship between humanitarians and the military in developing psychosocial interventions for civilian populations affected by armed conflict.

Science.gov (United States)

Kienzler, Hanna; Pedersen, Duncan

2012-07-01

This essay analyses how the relationships between Cold War and post-Cold War politics, military psychiatry, humanitarian aid and mental health interventions in war and post-war contexts have transformed over time. It focuses on the restrictions imposed on humanitarian interventions and aid during the Cold War; the politics leading to the transfer of the PTSD diagnosis and its treatment from the military to civilian populations; humanitarian intervention campaigns in the post-Cold War era; and the development of psychosocial intervention programs and standards of care for civilian populations affected by armed conflict. Viewing these developments in their broader historical, political and social contexts reveals the politics behind mental health interventions conducted in countries and populations affected by warfare. In such militarized contexts, the work of NGOs providing assistance to people suffering from trauma-related health problems is far from neutral as it depends on the support of the military and plays an important role in the shaping of international politics and humanitarian aid programs.

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....

Fragile Cities: a Critical Perspective on the Repertoire for New Urban Humanitarian Interventions

Directory of Open Access Journals (Sweden)

Manoela Miklos

Full Text Available Abstract At the end of the 1990s, researchers involved in the debate on the new wars introduced discussion about the urban dimension of contemporary conflicts into the International Relations discipline. The innovative debate about urban fragility is one of the many lines of inquiry that emerge within the framework of the relationship between cities and contemporary conflicts. This paper seeks to demonstrate that the concept of ‘fragile city’ offers a new and relevant analytical framework for understanding contemporary urban violence and inequality. Moreover, this same concept could also be instrumental in making fragile cities the new locus of international humanitarianism. The notion of fragile city emerges to describe new emergency situations more closely linked to urban contexts than to national dynamics, as previously described in the literature on fragile states. The concept of fragile city is a groundbreaking tool for understanding the human consequences of inequality in urban settings, but might also be used as a rhetorical vehicle for the reproduction of old dynamics and the inauguration of new intervention practices in urban areas that were previously inaccessible to humanitarian action, especially cities in Latin America.

Social dimensions of science-humanitarian collaboration: lessons from Padang, Sumatra, Indonesia.

Science.gov (United States)

Shannon, Rachel; Hope, Max; McCloskey, John; Crowley, Dominic; Crichton, Peter

2014-07-01

This paper contains a critical exploration of the social dimensions of the science-humanitarian relationship. Drawing on literature on the social role of science and on the social dimensions of humanitarian practice, it analyses a science-humanitarian partnership for disaster risk reduction (DRR) in Padang, Sumatra, Indonesia, an area threatened by tsunamigenic earthquakes. The paper draws on findings from case study research that was conducted between 2010 and 2011. The case study illustrates the social processes that enabled and hindered collaboration between the two spheres, including the informal partnership of local people and scientists that led to the co-production of earthquake and tsunami DRR and limited organisational capacity and support in relation to knowledge exchange. The paper reflects on the implications of these findings for science-humanitarian partnering in general, and it assesses the value of using a social dimensions approach to understand scientific and humanitarian dialogue. © 2014 The Author(s). Disasters © Overseas Development Institute, 2014.

Humanitarian Protection for Children Fleeing Gang-Based Violence in the Americas

Directory of Open Access Journals (Sweden)

Elizabeth Carlson

2015-04-01

of these children. Despite these efforts, much needs to be done to ensure that their rights are protected.This paper provides an overview of the violence perpetrated by gangs and other criminal organizations which compels many children to flee their communities. It describes the US government’s obligations to protect UAC upon arrival, and good practices of other governments relating to the protection of child migrants and refugees. It also discusses Special Immigrant Juvenile Status, gang-related asylum case law, and the difficulty of prevailing in asylum claims based on persecution by gangs. It concludes with recommendations to the administration and policymakers to ensure compliance with US obligations under national and international laws. 

South African Private Security Contractors Active in Armed Conflicts ...

African Journals Online (AJOL)

Not only is this legislation completely unique, but it appears wholly at odds with international opinion. In this article we place private security contractors (PSCs) under the microscope of international law, exploring the role they play in armed conflicts, and the status afforded them by international humanitarian law (IHL).

Ubuntu and Capabilities Approach: Basic Doctrines for Calibrating Humanitarian Action

Directory of Open Access Journals (Sweden)

Rapatsa Mashele

2016-06-01

Full Text Available This article explores prospects of using Ubuntu and Capabilities Approach to expand the scope of humanitarian action, to design one which serves humanity better even in the absence of disaster to essentially fulfil human development needs. It is considerate of the fact that humanitarian works contributes immensely in determining the extent to which humanity thrives. The traditional view on humanitarianism presupposes action-driven initiatives geared towards devising interventions to restore or reinforce human social order, improve livelihoods and quality of life. In sociological terms, human development is dependent on realizing and safeguarding, amongst others, human well-being, civil liberties and social security. The article utilizes core values enshrined in Ubuntu, Africa’s historic philosophy of life, and Amartya Sen’s Capabilities Approach as tools of analysis, with the view to expressing how to operationalize what should be considered stable humanitarian conditions and human well-being. Owing to persistent socio-economic challenges, especially the poverty problem, it is asserted that humanitarian action ought to depart from being a post-disaster intervention strategy, to being a pro-active and preventative pre-disaster orientated action, intended to nurture well-being and resultantly enable human development.

Stabilising a victor's peace? Humanitarian action and reconstruction in eastern Sri Lanka.

Science.gov (United States)

Goodhand, Jonathan

2010-10-01

This paper focuses on the 'Sri Lankan model' of counter-insurgency and stabilisation and its implications for humanitarian and development actors. The Sri Lanka case shows that discourses, policies and practices associated with 'stabilisation' are not confined to 'fragile state' contexts in which there is heavy (and often militarised) international engagement--even though exemplars such as Afghanistan and Iraq have tended to dominate debates on this issue. Rather than being a single template, the 'stabilisation agenda' takes on very different guises in different contexts, presenting quite specific challenges to humanitarian and development actors. This is particularly true in settings like Sri Lanka, where there is a strong state, which seeks to make aid 'coherent' with its own vision of a militarily imposed political settlement. Working in such environments involves navigating a highly-charged domestic political arena, shaped by concerns about sovereignty, nationalism and struggles for legitimacy. © 2010 The Author(s). Journal compilation © Overseas Development Institute, 2010.

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

Humanitarian Assistance and ’Soft’ Power Projection

Science.gov (United States)

2012-05-04

organization consisted of military and civilian leadership, which managed the Pacification Programs throughout Vietnam. This program was a historic example...assistance efforts. The directorate that manages humanitarian assistance operations varies from theater to theater. The J9 Directorate labeled as either...2012) 12 (JP) 3-07.3, I-6. 13 A. Cooper Drury et al, The Politics of Humanitarian Aid: U.S. Foreign Disaster Assistance, 1964-1995, (Cambridge

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...

77 FR 49782 - Extension of the Application Deadline for Humanitarian Awards Pilot Program

Science.gov (United States)

2012-08-17

...] Extension of the Application Deadline for Humanitarian Awards Pilot Program AGENCY: United States Patent and... Trademark Office (USPTO) announced the Humanitarian Awards Pilot Program, which recognizes patent holders... extending the deadline for applications to the Humanitarian Awards Pilot Program by two months until October...

Evidence Aid: Using Systematic Reviews to Improve Access to Evidence for Humanitarian Emergencies

Directory of Open Access Journals (Sweden)

Mike Clarke

2017-10-01

Full Text Available Evidence Aid is an international initiative to improve access to reliable evidence that will help people and organisations make well-informed decisions about interventions, actions and strategies in the disaster setting. It focuses on systematic reviews as the most reliable source of research evidence, maximising the power of existing research, avoiding undue emphasis on single studies and reducing the waste associated with research that is ignored or not accessible to decision makers. Evidence Aid is knowledge champion for influencers of the humanitarian sector, including funders, policy makers, NGOs, and humanitarian professionals. Evidence Aid was established by members of the Cochrane Collaboration after the Indian Ocean tsunami of December 2004. It provides access to information relevant to disaster risk reduction, planning, response, recovery, resilience and rehabilitation. This presentation will discuss the need for Evidence Aid, and describes its activities.Find out more about Mike.

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 ...

Measles vaccination in humanitarian emergencies: a review of recent practice

Directory of Open Access Journals (Sweden)

Watson John

2011-09-01

Full Text Available Abstract Background The health needs of children and adolescents in humanitarian emergencies are critical to the success of relief efforts and reduction in mortality. Measles has been one of the major causes of child deaths in humanitarian emergencies and further contributes to mortality by exacerbating malnutrition and vitamin A deficiency. Here, we review measles vaccination activities in humanitarian emergencies as documented in published literature. Our main interest was to review the available evidence focusing on the target age range for mass vaccination campaigns either in response to a humanitarian emergency or in response to an outbreak of measles in a humanitarian context to determine whether the current guidance required revision based on recent experience. Methods We searched the published literature for articles published from January 1, 1998 to January 1, 2010 reporting on measles in emergencies. As definitions and concepts of emergencies vary and have changed over time, we chose to consider any context where an application for either a Consolidated Appeals Process or a Flash Appeal to the UN Central Emergency Revolving Fund (CERF occurred during the period examined. We included publications from countries irrespective of their progress in measles control as humanitarian emergencies may occur in any of these contexts and as such, guidance applies irrespective of measles control goals. Results Of the few well-documented epidemic descriptions in humanitarian emergencies, the age range of cases is not limited to under 5 year olds. Combining all data, both from preventive and outbreak response interventions, about 59% of cases in reports with sufficient data reviewed here remain in children under 5, 18% in 5-15 and 2% above 15 years. In instances where interventions targeted a reduced age range, several reports concluded that the age range should have been extended to 15 years, given that a significant proportion of cases occurred

Exploring of Wireless Technology to Provide Information Sharing Among Military, United Nations and Civilian Organizations During Complex Humanitarian Emergencies and Peacekeeping Operations

National Research Council Canada - National Science Library

Bridges, Douglas

2003-01-01

...) and peacekeeping operations. Humanitarian emergencies and peacekeeping operations are a complex mix of related activities that require the combined efforts of the UN, military, International Organizations (IOs...

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...

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.

The Theory of law in Post-Modernity: Reflection from Sustainability to Sensitivity

Directory of Open Access Journals (Sweden)

Suzete Habitzreuter Hartke

2016-06-01

Full Text Available The Law represents one expression of the human Culture. Facing such context, this paper aims at presenting proposals of possible solutions to a problem that is present in postmodernity, which is: the Law produced nowadays does not seem to solve the problems related to Sustainable development which are submitted to the Brazilian Legal System, the methodology used the Inductive Method. The solution resides in the use of Sensitive Reasoning and the Law Politics, since they enable the correction of the current law and the construction of the one that might exist in a humanitarian sense.

Working with local nurses to promote hospital-nursing care during humanitarian assignments overseas: experiences from the perspectives of nurses.

Science.gov (United States)

Tjoflåt, Ingrid; Karlsen, Bjørg; Saetre Hansen, Britt

2016-06-01

To describe how Norwegian expatriate nurses engaged in humanitarian assignments overseas experience working with the local nurses promoting nursing care in the hospital ward. Western countries have a long tradition of providing nurses with expert knowledge in nursing care for humanitarian projects and international work overseas. Studies from humanitarian mission revealed that health workers rarely acknowledge or use the local knowledge. However, there is a lack of studies highlighting expatriate nurses' experiences working with local nurses to promote nursing care in the hospital ward. This study applies a descriptive explorative qualitative design. The data were collected in 2013 by means of seven semi-structured interviews and analysed using qualitative content analysis. The data analyses revealed three themes related to the expatriate nurses' experiences of working with the local nurses to promote nursing care in the hospital ward: (1) Breaking the code, (2) Colliding worlds and (3) Challenges in sharing knowledge. The findings reflect different challenges when working with the local nurses. Findings indicate valuable knowledge gained about local nursing care and the local health and educational system. They also demonstrate challenges for the expatriate nurses related to the local nursing standard in the wards and using the local nurses' experiences and knowledge when working together. The findings can inform nurses, humanitarian organisations and institutions working overseas regarding the recruitment and the preparation of nurses who want to work cross- culturally or in humanitarian missions overseas. © 2016 John Wiley & Sons Ltd.

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.

Search Results | Page 827 | IDRC - International Development ...

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

2001-01-01

Results 8261 - 8270 of 8491 ... The international community faces no more critical issue currently than how to protect people caught in new and large-scale humanitarian crises — humanitarian intervention has been controversial both when it has happened, as in Kosovo, and when it. Publication Date. January 1, 2001.

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

Changes in mortality rates and humanitarian conditions in Darfur, Sudan 2003-2007.

Science.gov (United States)

Garfield, Richard; Polonsky, Jonny

2010-01-01

The Darfur region of Sudan has been an intense focus of humanitarian concern since rebellions began there early in 2003. In 2004, the US Secretary of State declared that conflict in Darfur represented genocide. Since 2003, many sample surveys and various mortality estimates for Darfur have been made. Nonetheless, confusion and controversy surrounding mortality levels and trends have continued. For this project, results were reviewed from the highest quality field surveys on mortality in Darfur conducted between 2003 and 2008. Trend analysis demonstrated a dramatic decline in mortality over time in Darfur. By 2005, mortality levels had fallen below emergency levels and have continued to decline. Deaths directly due violence have declined as a proportion of all of the deaths in Darfur. Declining mortality in Darfur was not associated with other proximate improvements in well-being, such as improved nutrition. Without large-scale, humanitarian intervention, continuing high rates of mortality due to violence likely would have occurred. If mortality had continued at the high rate documented in 2004, by January 2009, there would have been 330,000 additional deaths. With the humanitarian assistance provided through the United Nations and non-governmental organizations, these people are alive today. A focus on excess deaths among noncombatants may draw attention away from other needs, such as establishing better security, improving service delivery to the displaced, and advocating for internally displaced persons to be reached today and to re-establish their lives and livelihoods tomorrow.

Between a humanitarian ethos and the military efficiency: the early days of the Spanish Red Cross, 1864-1876.

Science.gov (United States)

Arrizabalaga, Jon; García-Reyes, Juan Carlos

2011-01-01

Spain was officially represented at the preliminary international conference the "International Committee for the Assistance to Sick and Wounded Soldiers" (better known as the "Geneva Committee") organised at Geneva in October 1863; and joined the Red Cross one year later on the occasion of the first Geneva Convention in August 1864. This article explores the ambivalence between the humanitarian ethos and the military efficiency in the early Spanish Red Cross through the works of Nicasio Landa (1830-1891). A medical major of the Spanish Military Health Service, the co-founder of the Spanish section of the Red Cross in 1864, and its general inspector in 1867, Landa was its most active promoter, and responsible for its connections with the Geneva Committee and other national sections of this international association during its early times. He was not only an active correspondent, but also a prolific author of monographs, leaflets and articles in specialized and daily newspapers on humanitarianism and war medicine, in addition to being the founder of the Spanish Red Cross journal La Caridad en la Guerra in 1870.

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.

Gender, sexuality, and violence in humanitarian crises.

Science.gov (United States)

Hilhorst, Dorothea; Porter, Holly; Gordon, Rachel

2018-01-01

Gender, sexuality, and violence have attracted significant attention in the sphere of humanitarianism in recent years. While this shift builds on the earlier 'Gender and Development' approach and the 'Women, Peace, and Security Agenda', analytical depth is lacking in practice. Notably, 'gender' often means a singular concern for women, neglecting questions of agency and the dynamic and changing realities of gendered power relations. This introductory paper examines why this neglect occurs and proposes a more relational approach to gender. It explores how the contributions to this special issue of Disasters revisit classic gender issues pertaining to violence, livelihoods, and institutions in different settings of humanitarian emergencies, while expanding one's vision beyond them. It draws from the seven papers a number of lessons for humanitarianism, concerning the entangled nature of gender relations, the risks of the unintended effects of gender programming, and the importance of paying sustained attention to how gender relations unfold in a time of crisis. © 2018 The Author(s). Disasters © Overseas Development Institute, 2018.

CERN innovators tackle humanitarian needs

CERN Multimedia

Katarina Anthony

2015-01-01

At last year's THE Port hackathon, the Better Body Bags team emerged with a new approach to body-bag technology that catered to the needs of humanitarian organisations. What started as a weekend hack has developed into a full-scale R& D project, as the team joins forces with the International Committee of the Red Cross (ICRC) to put their body bags into production.   Ricardo Páramo Peláez, the team's product designer, presented the first prototype at THE Port Hackathon 2014. The "body" is his fellow team mate, João Cordovil Bárcia. A typical body bag is essentially a long plastic bag with handles: it breaks, leaks, smells and isn't cheap. “Little thought had gone into using new technology to improve the bags,” says Tim Head, an LHCb physicist who is leading the Better Body Bags team. “Simple improvements can keep bodies in better condition, thus improving the identification ...

Autonomous Weapon Systems and Risk Management in Hybrid Networks

DEFF Research Database (Denmark)

Nørgaard, Katrine

In recent years, the development of autonomous weapon systems and so-called ‘killer robots’, has caused a number of serious legal and ethical concerns in the international community, including questions of compliance with International Humanitarian Law and the Laws of Armed Conflict. On the other...

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.

From disaster to development: a systematic review of community-driven humanitarian logistics.

Science.gov (United States)

Bealt, Jennifer; Mansouri, S Afshin

2018-01-01

A plethora of untapped resources exist within disaster-affected communities that can be used to address relief and development concerns. A systematic review of the literature relating to community participation in humanitarian logistics activities revealed that communities are able to form ad hoc networks that have the ability to meet a wide range of disaster management needs. These structures, characterised as Collaborative Aid Networks (CANs), have demonstrated efficient logistical capabilities exclusive of humanitarian organisations. This study proposes that CANs, as a result of their unique characteristics, present alternatives to established humanitarian approaches to logistics, while also mitigating the challenges commonly faced by traditional humanitarian organisations. Furthermore, CANs offer a more holistic, long-term approach to disaster management, owing to their impact on development through their involvement in humanitarian logistics. This research provides the foundation for further theoretical analysis of effective and efficient disaster management, and details opportunities for policy and practice. © 2018 The Author(s). Disasters © Overseas Development Institute, 2018.

Center for Disaster & Humanitarian Assistance Medicine

Data.gov (United States)

Federal Laboratory Consortium — The Center for Disaster and Humanitarian Assistance Medicine (CDHAM) was formally established at the Uniformed Services University of the Health Sciences (USUHS) by...

[Red Cross: more than an indicative signal, an emblem and a denomination regulated for its use].

Science.gov (United States)

Castilla Juárez, Karlos

2014-01-01

The Red Cross is an emblem that is almost universally known and is closely linked with humanitarian aid, medical and healthcare disasters, war, and in general with support and solidarity. Nevertheless, this emblem cannot be used by just anyone; it has special protection under International Humanitarian Law. In the case of Mexico, in addition to the above cited, the use of the emblem and the name "Red Cross" is regulated by law therefore, in this paper we analyze by whom, how, and when the use of this emblem is allowed without violating national and international regulations.

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

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 ...

Logistics planning and logistics planning factors for humanitarian operations

OpenAIRE

Sullivan, Donna Marie.

1995-01-01

Due to the increasing demand on the military to conduct humanitarian operations, the need for logistics planning factors that are applicable to these operations has arisen. This thesis develops a model for humanitarian operations and employs the model to develop logistics planning factors for material consumption and a computer-assisted planning aid relating to the support of the victim population. U.S. Navy (U.S.N.) author.

Working in a war zone. The impact on humanitarian health workers.

Science.gov (United States)

Hewison, Cathy

2003-09-01

The work challenges faced by doctors, nurses and other health professionals in the humanitarian field are overwhelming. This article highlights the psychological effects on humanitarian workers and the support available, both while on a 'mission' and on return home. It is impossible not to be psychologically affected by witnessing gross acts of violence, starvation, epidemics, displacement and despair, or hearing tales of slaughter, rape and killing. Just as those populations who are subjected to traumatic experiences develop post-traumatic psychological problems, so too can those humanitarian workers who assist them.

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)