WorldWideScience

Sample records for international law political

  1. 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…

  2. The law, economics and politics of international standardisation

    NARCIS (Netherlands)

    Delimatsis, Panagiotis

    2015-01-01

    In an era of increased reliance on private regulatory bodies and globalised economic activity, standardisation is the field where politics, technical expertise and strategic behaviour meet and interact. International standard-setting bodies exemplify the rise of transnational governance and the

  3. Private Political Activists and the International Law Definition of Piracy: Acting for ‘Private Ends’

    NARCIS (Netherlands)

    Honniball, A.N.

    2015-01-01

    Piracy under international law grants states the right to exercise universal jurisdiction, provided that all conditions of its definition are cumulatively met. Yet academic debate continues as to whether the requirement that piratical acts be committed ‘for private ends’ excludes politically

  4. International law

    CERN Document Server

    Shaw, Malcolm N

    2017-01-01

    International Law is the definitive and authoritative text on the subject, offering Shaw's unbeatable combination of clarity of expression and academic rigour and ensuring both understanding and critical analysis in an engaging and authoritative style. Encompassing the leading principles, practice and cases, and retaining and developing the detailed references which encourage and assist the reader in further study, this new edition motivates and challenges students and professionals while remaining accessible and engaging. Fully updated to reflect recent case law and treaty developments, this edition contains an expanded treatment of the relationship between international and domestic law, the principles of international humanitarian law, and international criminal law alongside additional material on international economic law.

  5. 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...

  6. 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...

  7. Faith and Scepticism in Private International Law: Trust, Governance, Politics, and Foreign Judgments

    NARCIS (Netherlands)

    C. Whytock (Christopher)

    2014-01-01

    markdownabstract__abstract__ In both the European Union (EU) and the United States (US), the law governing the enforcement of foreign judgments is evolving, but in different directions. EU law, especially after the elimination of exequatur by the 2012 ’Recast’ of the Brussels I Regulation,

  8. 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....

  9. The politics of international law and compliance : Serbia, Croatia and The Hague Tribunal

    NARCIS (Netherlands)

    Rajkovic, Nikolas

    2012-01-01

    Leading the debate on the domestic effect of the growing influence of international adjudication, this invaluable text examines Serbia and Croatia's erratic record of compliance with the International Criminal Tribunal for the Former Yugoslavia (ICTY). Since the demise of the Milosevic and Tudjman

  10. The power of legality : Practices of international law and their politics

    NARCIS (Netherlands)

    Rajkovic, Nikolas; Aalberts, Tanja; Gammeltoft-Hansen, Thomas

    • 12 Chapter edited volume, with foreword by Martti Koskenniemi. Produced over 3 years, and involving 3 international workshops (Krakow, Florence and Weimar). Volume was accepted for publication with unanimous endorsement of all 4 CUP reviewers. From an airstrip in Saudi Arabia, the CIA launches

  11. 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

  12. International trade law, plain packaging and tobacco industry political activity: the Trans-Pacific Partnership

    Science.gov (United States)

    Fooks, Gary; Gilmore, Anna B

    2014-01-01

    Tobacco companies are increasingly turning to trade and investment agreements to challenge measures aimed at reducing tobacco use. This study examines their efforts to influence the Trans-Pacific Partnership (TPP), a major trade and investment agreement which may eventually cover 40% of the world's population; focusing on how these efforts might enhance the industry's power to challenge the introduction of plain packaging. Specifically, the paper discusses the implications for public health regulation of Philip Morris International's interest in using the TPP to: shape the bureaucratic structures and decision-making processes of business regulation at the national level; introduce a higher standard of protection for trademarks than is currently provided under the Agreement on Trade Related Aspects of Intellectual Property Rights; and expand the coverage of Investor-State Dispute Settlement which empowers corporations to litigate directly against governments where they are deemed to be in breach of investment agreements. The large number of countries involved in the TPP underlines its risk to the development of tobacco regulation globally. PMID:23788606

  13. International trade law, plain packaging and tobacco industry political activity: the Trans-Pacific Partnership.

    Science.gov (United States)

    Fooks, Gary; Gilmore, Anna B

    2014-01-01

    Tobacco companies are increasingly turning to trade and investment agreements to challenge measures aimed at reducing tobacco use. This study examines their efforts to influence the Trans-Pacific Partnership (TPP), a major trade and investment agreement which may eventually cover 40% of the world's population; focusing on how these efforts might enhance the industry's power to challenge the introduction of plain packaging. Specifically, the paper discusses the implications for public health regulation of Philip Morris International's interest in using the TPP to: shape the bureaucratic structures and decision-making processes of business regulation at the national level; introduce a higher standard of protection for trademarks than is currently provided under the Agreement on Trade Related Aspects of Intellectual Property Rights; and expand the coverage of Investor-State Dispute Settlement which empowers corporations to litigate directly against governments where they are deemed to be in breach of investment agreements. The large number of countries involved in the TPP underlines its risk to the development of tobacco regulation globally.

  14. International law and United Nations

    Directory of Open Access Journals (Sweden)

    Savić Matej

    2012-01-01

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

  15. International Contexts for Political Education.

    Science.gov (United States)

    Harber, Clive

    1991-01-01

    Uses international examples of the ways in which political learning takes place--indoctrination, political socialization, and political education--to suggest that open and democratic political education is not common, even in democracies. (SK)

  16. The Political Economy of International Treaties

    NARCIS (Netherlands)

    Merkouris, Panagiotis; Fabbricotti, Alberta

    2016-01-01

    The book, which the present Chapter is a part of, is a ‘call to arms’ for a more systematic and systemic PE- (political economy) and IPE-oriented (international political economy) study of PIL (public international law). The present Chapter tackles the task of demonstrating the need for a PE and IPE

  17. How Internal Political Efficacy Translates Political Knowledge Into Political Participation

    Science.gov (United States)

    Reichert, Frank

    2016-01-01

    This study presents evidence for the mediation effect of political knowledge through political self-efficacy (i.e. internal political efficacy) in the prediction of political participation. It employs an action theoretic approach—by and large grounded on the Theory of Planned Behaviour—and uses data from the German Longitudinal Election Study to examine whether political knowledge has distinct direct effects on voting, conventional, and/or unconventional political participation. It argues that political knowledge raises internal political efficacy and thereby indirectly increases the chance that a citizen will participate in politics. The results of mediated multiple regression analyses yield evidence that political knowledge indeed translates into internal political efficacy, thus it affects political participation of various kinds indirectly. However, internal political efficacy and intentions to participate politically yield simultaneous direct effects only on conventional political participation. Sequentially mediated effects appear for voting and conventional political participation, with political knowledge being mediated by internal political efficacy and subsequently also by behavioural intentions. The mediation patterns for unconventional political participation are less clear though. The discussion accounts for restrictions of this study and points to questions for answer by future research. PMID:27298633

  18. 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

  19. 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 ...

  20. The Political Economy of International Transitional Administration

    DEFF Research Database (Denmark)

    Grasten, Maj Lervad; Tzouvala, Ntina

    2018-01-01

    This article reconstructs how democratic participation and interference can be fended off by the construction of an international authoritarian political architecture and a strongly legalised and specific form of market economy. We do this by interrogating International Territorial Administration...... corporations. Even though the two administrations focused on different aspects of land and agriculture regulation, we argue that significant commonalities exist between their political preferences and interests. Our work draws on the tradition of critical legal studies in International Law (IL) and we posit...... that by drawing on this tradition, scholarship on post-conflict international territorial administration is better able to capture the long-term ramifications of international intervention....

  1. 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

  2. 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

  3. Five political ideas of European contract law

    NARCIS (Netherlands)

    Hesselink, M.W.

    2011-01-01

    This paper explores the possible implications of leading contemporary theories of political philosophy for some of the main questions that the political institutions of the European Union will have to decide on concerning the future of European contract law. Thus, it explores what a utilitarian,

  4. 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.

  5. 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.

  6. 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

  7. 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

  8. 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....

  9. Challenges imposed by International Environmental Law to Classical International Law

    Directory of Open Access Journals (Sweden)

    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.

  10. 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.

  11. 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.

  12. Trusting Relationships in International Politics

    DEFF Research Database (Denmark)

    Keating, Vincent Charles; Ruzicka, Jan

    2014-01-01

    How can trusting relationships be identified in international politics? The recent wave of scholarship on trust in International Relations answers this question by looking for one or the combination of three indicators – the incidence of cooperation; discourses expressing trust; or the calculated...

  13. 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

  14. 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...

  15. 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.)

  16. 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.

  17. 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...

  18. Government, Money, and International Politics

    OpenAIRE

    Hoppe, Hans-Hermann

    2003-01-01

    In this paper, the author deals with: (1) Definition of government; incentive structure under government: taxation, war and territorial expansion. (2) Origin of money; government and money; the devolution of money from commodity to fiat money. (3) International politics and monetary regimes; monetary imperialism and the drive toward a one-world central bank and fiat currency.

  19. 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).

  20. The international politics of geoengineering:

    DEFF Research Database (Denmark)

    Corry, Olaf

    2017-01-01

    the politics of climate change dramatically, yet in evaluating whether they might ultimately reduce climate risks, their political and security implications have so far not been given adequate prominence. This article puts forward what it calls the ‘security hazard’ and argues that this could be a crucial...... factor in determining whether a technology is able, ultimately, to reduce climate risks. Ideas about global governance of geoengineering rely on heroic assumptions about state rationality and a generally pacific international system. Moreover, if in a climate engineered world weather events become...

  1. 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 ...

  2. De Facto Regimes in International Law

    Directory of Open Access Journals (Sweden)

    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. 

  3. 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

  4. International and European Security Law

    Directory of Open Access Journals (Sweden)

    Jonathan Herbach

    2012-02-01

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

  5. an appraisal of humanitarian intervention under international law

    African Journals Online (AJOL)

    Mofasony

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

  6. The Politics of Austerity as Politics of Law

    Directory of Open Access Journals (Sweden)

    António Casimiro Ferreira

    2016-09-01

    Full Text Available Since 1980 the neoliberal agenda has become the strongest advocate against social and labour rights. However, the 2008 crisis emerged a new economic, political and juridical model based on the idea of austerity - a muscled form of neoliberalism which deepens the neoliberal ideology by other means. Bearing this in mind, I have chosen to organise this paper around three topics. In the first section, my purpose is to suggest that, in addition to the obvious economic and financial aspects of the austerity model, there is also a social model of reality that must be characterised sociologically. In the second, assuming that to a certain concept of law there is a certain concept of society, I state that to the austerity society correspond a certain type of law and politics. Finally, I identify four possible paths of developing research and action programmes for sociology of the law of austerity. Desde 1980, el programa neoliberal se ha convertido en el mayor partidario contra los derechos sociales y laborales. Sin embargo, la crisis de 2008 dio lugar a un nuevo modelo económico, político y jurídico basado en la idea de austeridad -una forma fortalecida del neoliberalismo que acentúa la ideología neoliberal por otros medios-.Teniendo esto en mente, este trabajo se ha organizado en torno a tres temas. En la primera sección, se pretende sugerir que, además de los aspectos económicos y financieros evidentes del modelo de austeridad, hay también un modelo social de realidad que hay que caracterizar sociológicamente. En la segunda, partiendo de que un determinado concepto de derecho está relacionado con una determinada concepción de sociedad, se defiende que la sociedad de la austeridad se corresponde con un determinado tipo de derecho y política. Por último, se identifican cuatro posibles vías de desarrollo de programas de investigación y acción para la sociología jurídica de la austeridad. DOWNLOAD THIS PAPER FROM SSRN: http

  7. International political theory : varieties of moral discourse

    NARCIS (Netherlands)

    Kamminga, Menno R.

    2007-01-01

    This article aims to demonstrate the value of James Gustafson's 'varieties of moral discourse' typology for international political theory (IPT), or moral reflection about international politics. Gustafson's typology is defended as entailing an adequate conception of IPT through a threefold

  8. 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 ...

  9. International oil law

    International Nuclear Information System (INIS)

    Torkzad, B.

    1997-01-01

    The 1973 energy crisis demonstrated that the international petroleum industry is not totally free. Very often it has been the object of an organization, even during the domination of international oil companies which have established a petroleum international system with a system of concession rights. This system is based on an oligopolistic structure which had the characteristics of a monopoly. This vertically integrated structure of the world petroleum industry during the 1920-1950 era was more or less locked up by the system of concessions. The incompatibility of this system of excessively long concession contracts with the economical development needs of oil exporting countries has led to their abolishment. They have been replaced by new agreements. As soon as the creation of stable and permanent international oil organizations (OPEC, OAPEC, IEA), an institutional right has been established which has generated international rights and principles governing the contractual relations between oil exporting and oil importing countries. This international petroleum right is both original and specific, it is evolutive, contractual and normative. (J.S.)

  10. Political expediency and the rule of law in Africa: A focus on selected ...

    African Journals Online (AJOL)

    Beginning in the late 1980s and due to a confl uence of domestic and international forces, Africa's political realities began changing, resulting in good governance, including the rule of law taking centre stage in both the discourse and practice of post-Cold War African politics. However, in some cases the continent's ...

  11. 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 ...

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

    Directory of Open Access Journals (Sweden)

    Karolina Kremens

    2011-12-01

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

  13. Teaching Introduction to International Politics with Film

    Science.gov (United States)

    Valeriano, Brandon

    2013-01-01

    This article is an overview of a comprehensive film-based course that covers basic topics appropriate for an introduction to international relations (or world politics) course. Film provides a new and novel perspective by which to view international interactions. I explore how various aspects of international politics are covered by movies with…

  14. FATF as international law institute

    Directory of Open Access Journals (Sweden)

    І. Б. Кудас

    2013-10-01

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

  15. Candor and the Politics of Law Teaching

    Directory of Open Access Journals (Sweden)

    Paul Campos

    2014-05-01

    Full Text Available Over the past 25 years, the price of legal education has skyrocketed, while the labor market for new attorneys has contracted sharply relative to law school graduation rates.  This article addresses the ethical obligations law teachers owe their students as a consequence of the crisis of the contemporary American law school.

  16. 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

  17. The precautionary principle in international environmental law and international jurisprudence

    Directory of Open Access Journals (Sweden)

    Tubić Bojan

    2014-01-01

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

  18. Energy - politics - history. National and international energy politics since 1945

    International Nuclear Information System (INIS)

    Hohensee, J.; Salewski, M.

    1993-01-01

    All articles focus on historical aspects of the development of energy politics in the Federal Republic of Germany (energy enconomy and industry, hard coal, nuclear energy). Some articles also look at international developments (oil boycott, Saudia Arabias's oil policies, International Energy Agency). (UA) [de

  19. STATE NETWORK INTERNATIONAL POLITICAL INTERACTION

    Directory of Open Access Journals (Sweden)

    D. M. Feldman

    2011-01-01

    Full Text Available Abstract: The processes of fragmentation (regionalization and localization and globalization turn the state as the basic system forming element of the state-centric world political system into the component of the world political network. The political relations between actors of the world political network are ruled by the effectiveness and not by legitimacy (“victory rules”, what is different from the participatory principles of interstate relations (“participation rules” accepted by the Westphalian state system. The article argues that the post-Westphalian world political system will witness the clashes between victory rules and participation rules and their eventual coexistence since the very nature of the victory rules hinders its institutionalization, consolidation and legitimation. The article suggests that the new system of state relations regardless of the name will be not less Westphalian than the preceding one thus new participation rules will have to be formulated and codified.

  20. 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...

  1. Constitutionality Degree of Indonesia Local Regulation in Political Law Perspective

    Directory of Open Access Journals (Sweden)

    Bambang Sutrisno

    2016-06-01

    Full Text Available The Politics of Law holds responsibility to give the surety of all regulations, including Local Regulation, for capable of reflecting the collective will of the public as the owner of the highest sovereignty. Politics of law is always working to bring together the ius constituendum and ius constitutum  at the encounter between realism and idealism. Local Regulation as subsystems of national law, is expected to serve as a guiding instrument and guard direction for development and continuous improvement of Local Government. Therefore the existence of local regulations holds a strategic role for legal certainty, which is a necessary to create a conducive business climate and stability of the country. How To Cite: Sutrisno, B. (2016. Constitutionality Degree of Indonesia Local Regulation in Political Law Perspective. Rechtsidee, 3(1, 41-52. doi:http://dx.doi.org/10.21070/jihr.v3i1.131

  2. 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

  3. Internationalization of law globalization, international law and complexity

    CERN Document Server

    Dias Varella, Marcelo

    2014-01-01

    The book provides an overview of how international law is today constructed through diverse macro and microprocesses that expand its traditional subjects and sources, with the attribution of sovereign capacity and power to the international plane (moving the international toward the national). Simultaneously, national laws approximate laws of other nations (moving among nations or moving the national toward the international) and new sources of legal norms emerge, independent of states and international organisations. This expansion occurs in many subject areas, with specific structures: commercial, environmental, human rights, humanitarian, financial, criminal and labor law contribute to the formation of post national law with different modes of functioning, different actors and different sources of law that should be understood as a new complexity of law.

  4. African Journals Online: Political Science & Law

    African Journals Online (AJOL)

    Items 1 - 18 of 18 ... The Journal for Juridical Science prefers articles which reflect basic legal ... the way that the law regulates important aspects of the economic process ... and industry, labour, the environment, education, training and culture;

  5. 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.

  6. 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...

  7. 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

  8. 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

  9. Comparative Political Economy and International Migration

    NARCIS (Netherlands)

    Afonso, A.; Devitt, C.

    2016-01-01

    This article provides an overview of the literature connecting comparative political economy and international migration in advanced industrialized countries with a focus on the relationship between labour migration, labour markets and welfare institutions. Immigration flows and policies are

  10. 7th International Conference of Political Economy

    OpenAIRE

    BEKEN, Gülçin

    2016-01-01

    Abstract. In this study, the 7th International Conference of Political Economy in İstanbul was evaluated. This year it  was organized by Marmara University Faculty of Economics and Batman University Faculty of Economics and Administrative Sciences with the cooperation of their international supporters all over the world. These conference series are said to be successful to bring all the scholars, academicians, students, and volunteers who are interested in political economy. Starting from 200...

  11. IMPERATIVES OF THE INTERNATIONAL POLITICAL AND LEGAL ORDER

    Directory of Open Access Journals (Sweden)

    Elena IFTIME

    2016-08-01

    Full Text Available In this paper, we intend to discuss a topic of particular importance, given that it addresses the imperatives of international political and legal order, as they appear in the light of current international law. It is an issue of great complexity, of very wide current interest because the international law that establishes and maintains an international legal order is a real energetic factor of organization of international community life. So viewed, the rules of international nature respond to the current acute need of founding the relations in this field and of meeting the common needs of the members of international society. We considered that by comparison with the internal legal order reflecting the health inscribed in this order, the international legal order is influenced by the structuring and training of the mondial community. Therefore we shall insist on the principal model of organizing international life – the state – to be viewed and analyzed in a double perspective: as an internal sovereign authority and as an actor on the scene of international life. In both instances, the state provides the foundation of legal order (domestic or international for that law has always been the expression of the state wish.

  12. 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...

  13. The defense of political prisoners in the early ‘70s: professional practice, law and politics

    Directory of Open Access Journals (Sweden)

    Mauricio Chama

    2010-12-01

    Full Text Available The work addresses the relationship between law and politics in the early 70s. More precisely aims to identify and reconstruct the main features that assumes the defense of political prisoners in this period. Rather than a specific work, means that the defense of political prisoners in those years represented a new configuration that was able to articulate a new association of legal professionals, renewed defense strategies, a vast and systematic effort of denunciation, a fluid network of lawyers national and a peculiar rhetoric aimed at the formation of a “new law”. Conceived in these terms, we believe that the defense of political prisoners in the early ‘70s redefined the conventional modes of understanding the relationship between professional practice, law and politics, encouraging the emergence of a new model of counsel in the public sphere.

  14. 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

  15. 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.

  16. 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.

  17. 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

  18. 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

  19. The International Politics of IFRS Harmonization

    OpenAIRE

    Ramanna, Karthik

    2013-01-01

    The globalization of accounting standards as seen through the proliferation of IFRS worldwide is one of the most important developments in corporate governance over the last decade. I offer an analysis of some international political dynamics of countries' IFRS harmonization decisions. The analysis is based on field studies in three jurisdictions: Canada, China, and India. Across these jurisdictions, I first describe unique elements of domestic political economies that are shaping IFRS polici...

  20. 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.

  1. 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...

  2. HUNGER & FOODS: an issue of international politics.

    OpenAIRE

    Carmo Ferreira, Maria Eulália do

    2015-01-01

    Hunger, poverty and environmental degradation are not only national but international issues. Thus, they could be solved or at least be minimized through greater international cooperation. However, international cooperation is not automatic, even with awareness of these serious problems shared by significant portion of the world population. Furthermore, the interdependence that is being built between the states is asymmetric. Core States, in addition to obtaining more political and economic g...

  3. 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.

  4. 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.

  5. 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...

  6. 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

  7. 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...

  8. Reviews: New Literature on Law and Political Institutions in Indonesia

    OpenAIRE

    Prasad, Karolina

    2012-01-01

    1) Butt, Simon, and Tim Lindsey (2012): The Constitution of Indonesia: A Contextual Analysis. Oxford: Hart Publishing (Constitutional Systems of the World Series). ISBN-13: 978-1849460187 2) Kimura, Ehito (2012): Political Change and Territoriality in Indonesia: Provincial Proliferation. London: Routledge (Routledge Contemporary Southeast Asia Series). ISBN 9781136301810. 3) Lindsey, Tim (2012): Islam, Law and the State in Southeast Asia: Volume I: Indonesia London: Tauris. (Islam...

  9. International Emissions Trading : Design and Political Acceptability

    NARCIS (Netherlands)

    Boom, Jan Tjeerd

    2006-01-01

    This thesis discusses the design and political acceptability of international emissions trading. It is shown that there are several designs options for emissions trading at the national level that have a different impact on output and thereby related factors such as employment and consumer prices.

  10. Radioactive waste disposal: an international law perspective

    International Nuclear Information System (INIS)

    Barrie, G.N.

    1989-01-01

    The question of radioactive waste disposal is the most intractable technical and political problem facing nuclear industry. Environmentalists world-wide demand a nuclear waste policy that must be ecologically acceptable internationally. Radioactive wastes and oil pollution were the first two types of marine pollution to receive international attention and various marine pollution controls were established. Ocean disposal was co-ordinated by the Nuclear Energy Agency and the Organization of Economic Co-operation and Development in 1967. The first treaty was the 1958 Convention on the High Seas (High Seas Convention). In response to its call for national co-operation the International Atomic Energy Agency (IAEA) established its Brynielson panel. The IAEA first issued guidelines on sea dumping in 1961. The London Dumping Convention, written in 1972, is the only global agreement concerned solely with the disposal of wastes in the marine environment by dumping. None of the global agreements make specific reference to sea-bed disposal of high-level radioactive wastes. Negotiations began at the Third UN Conference on the Law of the Sea (UNCLOS III) for the codification of a comprehensive treaty concerned with the protection, conservation, sustainable use and development of the marine environment. Burial in deep geological formations is a method of HLW disposal which decreases the chances of accidental intrusion by mankind and has little likelihood of malicious intrusion. National waste management programmes of different countries differ but there is agreement on the acceptable technical solutions to issues of waste management. The final disposition of HLW - storage or disposal - has not been decisively determined, but there is growing consensus that geological land-based disposal is the most viable alternative. Expanded international technical co-operation could well reduce the time needed to develop effective waste disposal mechanisms

  11. 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...

  12. The ICC, International Criminal Justice and International Politics

    African Journals Online (AJOL)

    short, does it have a future, and how shall it remain relevant in the future? This article is a think piece ... Introduction. The International Criminal ... in its operations by international politics, are the ICC's weaknesses a function of its very nature or ...

  13. 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.

  14. International law, constitutional law, and public support for torture

    Directory of Open Access Journals (Sweden)

    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.

  15. 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...

  16. 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

  17. 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

  18. 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.

  19. 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

  20. Page THE PROBLEM WITH INTERNATIONAL HUMANITARIAN LAW

    African Journals Online (AJOL)

    Fr. Ikenga

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

  1. Claims of Need in Property Law and Politics

    DEFF Research Database (Denmark)

    Cockburn, Patrick Joseph

    2016-01-01

    between the claims of the needy and the rights of property owners. Against this backdrop this article compares three theoretical accounts of how the fact of human need should impact upon our thinking about property rights: the rights-based arguments of Jeremy Waldron, the radical democratic theory...... of Lawrence Hamilton, and the anarchist commentary of Colin Ward. While ‘theories’ of need have paid much attention to the nature of need ‘itself’, the paper argues that this comparison reveals another issue that is just as important: where and how should claims of need be registered in legal and political......Both courts of law and political theorists have grappled with the problem of giving the concept of ‘need’ a place in our reasoning about the rights and wrongs of property regimes. But in the UK, legal changes in the last 15 years have eroded the legal possibilities for striking some compromise...

  2. 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.

  3. International Law and Military Operations

    Science.gov (United States)

    2008-01-01

    Irresponsible and 6 Craig H. Allen incompetent flag States; failing and failed States; transnational terrorist organiza- tions; criminal syndicates ...transnational criminal syndicates , and that the DIME approach is not always well suited to them. The United States already reaches well beyond the DIME...http://www. townhall.com/ columnists /frankj gaffneyjr I archive .shtml; Jeremy _Rabkin, Defeat the Law of the Sea Treaty, WASHINGTON TIMES, Nov. 13

  4. Immigrant Rights in Iran and Canada and International Law

    Directory of Open Access Journals (Sweden)

    Forouzan Lotfi

    2017-09-01

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

  5. 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....

  6. New Literature on Law and Political Institutions in Indonesia

    Directory of Open Access Journals (Sweden)

    Karolina Prasad

    2012-01-01

    Full Text Available Reviews of new literature: Butt, Simon, and Tim Lindsey (2012, The Constitution of Indonesia: A Contextual Analysis Oxford: Hart Publishing (Constitutional Systems of the World Series, ISBN-13: 978-1849460187, 292 pages || Kimura, Ehito (2012, Political Change and Territoriality in Indonesia: Provincial Proliferation London: Routledge (Routledge Contemporary Southeast Asia Series, ISBN 9781136301810, 171 pages || Lindsey, Tim (2012, Islam, Law and the State in Southeast Asia: Volume I: Indonesia London – New York: Tauris I. B. (Islam, Law and the State in Southeast Asia Series, ISBN-13: 978-1848850651, 565 pages || Lukito, Ratno (2012, Legal Pluralism in Indonesia: Bridging the Unbridgeable London: Routledge (= Routledge Contemporary Southeast Asia Series 48, ISBN 9780415673426, 288 pages

  7. The Fusion of International and Domestic Law in a Globalised World

    Directory of Open Access Journals (Sweden)

    Karolina Aksamitowska

    2017-08-01

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

  8. PROBLEMATIC APPLICATION OF CRIMINAL REVOCATION OF POLITICAL RIGHTS IN PERSPECTIVE OF CORRUPTION LAW

    Directory of Open Access Journals (Sweden)

    Edi As’Adi

    2015-05-01

    Full Text Available The spirit of fighting corruption in Indonesia based on the spirit of the Declaration of the 8th International Conference against Corruption and Indonesia United Nations Convention against Corruption (UNCAC UN 58/ 4 dated October 31, 2003, and Law No. 7 of 2006 on the Ratification of the UN Convention on Anti-Corruption of 2003 and Act No. 20 of 2001. The implementation of the Law on Corruption tends not optimal. As a new breakthrough reached the imposition of criminal sanctions in the form of revocation of political rights for the accused of corruption. Although in practice the criminal is considered unconstitutional. Given the enormous impact of corruption, namely the loss suffered by the people and the state, the current criminal disenfranchisement for perpetrators of political corruption has been duly applied.

  9. EXPERTISE OF POLITICAL ANALYSIS IN INTERNATIONAL RELATIONS

    Directory of Open Access Journals (Sweden)

    A. D. Bogaturov

    2016-01-01

    Full Text Available The article is devoted to a problem of political analysis in the fi eld of international relations. The author discusses the key rules, standards and requirements of correct political research as well as basic criteria of analytical correctness. The author formulates typology of analytical papers, assesses the state of environment and working conditions for today’s experts, analysis key problems and diffi culties at the stage of empirical data selection (including verifi cation of information sources, while choosing analytical methods and formulating conclusions. The article gives advice for experts, how to organize research, deal with diffi culties and fi nd non-standard solutions.

  10. 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.

  11. Law, justice and a potential security gap: the 'organization' requirement in international humanitarian law and international criminal law

    NARCIS (Netherlands)

    Bartels, R.; Fortin, K.

    2016-01-01

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

  12. 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

  13. 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 ...

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

    Directory of Open Access Journals (Sweden)

    JA Frowein

    1998-11-01

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

  15. 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.

  16. The international politics of nuclear waste

    International Nuclear Information System (INIS)

    Blowers, A.; Lowry, D.; Solomon, B.D.

    1993-01-01

    This book depicts the wide diversity and the striking similarities in the international politics of nuclear waste management, using good organization and well defined terminology. The authors provide a background of geography, geology and demographics, and provide informed and common-sensical observations and conclusions. They question the ethics of leaving nuclear wastes where they are and waiting for better solutions, and they put forward a rational set of siting options, including coupling repository plans with environmental enhancement programs such as protection of coastal access, landscape improvements, and erosion control

  17. Drug law reform, performativity and the politics of childhood.

    Science.gov (United States)

    Flacks, Simon Jonathan

    2018-01-01

    Children are critical to debates about drug law reform. For both advocates of liberalisation and, especially, defenders of prohibition, the protection of children is an important rhetorical device in pressing for, or resisting, change. However, the privileged position of minors within such discussions, or talk about drugs in general, has rarely been explored in any depth in either drug and alcohol studies or legal research. Drawing on scholarship on performativity, and particularly John Law's work on 'collateral realities', this article will consider how constructs such as childhood and drugs are 'produced' and '(re)made' in such discourses. Through analysis of legal measures, policy documents/statements submitted to the UN General Assembly Special Session on Drugs (UNGASS) in 2016, and scientific discussion, it will be argued that such 'realities' include the constitution of the child as the logical victim of drugs (and the natural beneficiary or casualty of reform), and the enactment of drugs as an inherent threat to children. It is suggested that drug policy research needs to pay attention to age as a social construct and cultural category, and that a critical awareness of the relevance of age in policy discourse is as necessary as, for example, race, class or gender. Moreover, attendance to the ontological politics of constructs such as 'childhood' and 'drugs' is important if law and policy measures are to account for young people's agency. Crown Copyright © 2017. Published by Elsevier B.V. All rights reserved.

  18. Networks of power in digital copyright law and policy political salience, expertise and the legislative process

    CERN Document Server

    Farrand, Benjamin

    2014-01-01

    In this book, Benjamin Farrand employs an interdisciplinary approach that combines legal analysis with political theory to explore the development of copyright law in the EU. Farrand utilises Foucault's concept of Networks of Power and Culpepper's Quiet Politics to assess the adoption and enforcement of copyright law in the EU, including the role of industry representative, cross-border licensing, and judicial approaches to territorial restrictions. Focusing in particular on legislative initiatives concerning copyright, digital music and the internet, Networks of Power in Digital Copyright Law and Policy: Political Salience, Expertise and the Legislative Process demonstrates the connection between copyright law and complex network relationships. This book presents an original socio-political theoretical framework for assessing developments in copyright law that will interest researchers and post-graduate students of law and politics, as well as those more particularly concerned with political theory, EU and c...

  19. Law and Politics, an Emerging Epidemic: A Call for Evidence-Based Public Health Law.

    Science.gov (United States)

    Ulrich, Michael R

    2016-05-01

    As Jacobson v. Massachusetts recognized in 1905, the basis of public health law, and its ability to limit constitutional rights, is the use of scientific data and empirical evidence. Far too often, this important fact is lost. Fear, misinformation, and politics frequently take center stage and drive the implementation of public health law. In the recent Ebola scare, political leaders passed unnecessary and unconstitutional quarantine measures that defied scientific understanding of the disease and caused many to have their rights needlessly constrained. Looking at HIV criminalization and exemptions to childhood vaccine requirements, it becomes clear that the blame cannot be placed on the hysteria that accompanies emergencies. Indeed, these examples merely illustrate an unfortunate array of examples where empirical evidence is ignored in the hopes of quelling paranoia. These policy approaches are not only constitutionally questionable, they generate their own risk to public health. The ability of the law to jeopardize public health approaches to infectious disease control can, and should, be limited through a renewed emphasis on science as the foundation of public health, coordination through all levels and branches of government, and through a serious commitment by the judiciary to provide oversight. Infectious disease creates public anxiety, but this cannot justify unwarranted dogmatic approaches as a response. If we as a society hope to ensure efficient, constitutional control over the spread of disease, it is imperative that science take its rightful place at the forefront of governmental decision-making and judicial review. Otherwise, the law becomes its own public health threat.

  20. 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/

  1. 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

  2. Higher prudence as the supreme virtue in international politics

    NARCIS (Netherlands)

    Kamminga, M.R.

    2008-01-01

    This article defends a radical, morally ambitious version of prudence in international politics. Thus, it claims that, rather than the ‘lower prudence’ favoured by political realist Hans Morgenthau, ‘higher prudence’ (Cochran 1983) should be regarded as the supreme virtue in international politics.

  3. Climate change law and politics in the United States

    International Nuclear Information System (INIS)

    Gerrard, Michael B.

    2014-01-01

    The United States has an extensive system of environmental law. Congress has passed numerous environmental statutes, but no major ones since 1990. While there was a general consensus on the need for environmental regulation during the 1970s and 1980s, it has broken down and the issue has become the subject of bitter partisan division. One consequence is that the U.S. has no comprehensive statute on climate change, and none appears imminent. A sweeping climate change bill passed the House of Representatives in 2009 but died in the Senate in 2010, and the political situation is such that it now appears that it will be at least several years before Congress enacts any serious climate change legislation. Meanwhile, the federal government is utilizing old statutes, especially the Clean Air Act of 1970, to cobble together a regulatory program. States and regional groupings of states, as well as cities, are also playing important roles in formulating climate change strategies.

  4. Political Challenges in Times of the Maria da Penha Law

    Directory of Open Access Journals (Sweden)

    Lilia Guimarães Pougy

    2010-06-01

    Full Text Available This article offers support to the debate about national policies to confront violence against women and strengthen feminine citizenship. The route adopted in treating political challenges will follow the analysis of the principal responses to the phenomena of gender violence and analyze the trends identified since the enactment of the Maria da Penha Law, including increased emphasis on the “courts,” “psychology” and “social work.” The first part of the article analyzes the conceptual and normative factors of policy concerning women. An analysis is then conducted of “judicialization” and its consequences for the theoretical debate. The article concludes by presenting current perspectives on care for women at Reference Centers.

  5. Climate change law and politics in the United States

    Energy Technology Data Exchange (ETDEWEB)

    Gerrard, Michael B. [Columbia Law School New York, NY (United States). Center for Climate Change Law

    2014-07-01

    The United States has an extensive system of environmental law. Congress has passed numerous environmental statutes, but no major ones since 1990. While there was a general consensus on the need for environmental regulation during the 1970s and 1980s, it has broken down and the issue has become the subject of bitter partisan division. One consequence is that the U.S. has no comprehensive statute on climate change, and none appears imminent. A sweeping climate change bill passed the House of Representatives in 2009 but died in the Senate in 2010, and the political situation is such that it now appears that it will be at least several years before Congress enacts any serious climate change legislation. Meanwhile, the federal government is utilizing old statutes, especially the Clean Air Act of 1970, to cobble together a regulatory program. States and regional groupings of states, as well as cities, are also playing important roles in formulating climate change strategies.

  6. 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

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

    NARCIS (Netherlands)

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

    2016-01-01

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

  8. International Criminal Justice and the Politics of Compliance

    NARCIS (Netherlands)

    Lamont, Christopher

    2010-01-01

    International Criminal Justice and the Politics of Compliance provides a comprehensive study of compliance with legal obligations derived from the International Criminal Tribunal for the former Yugoslavia's (ICTY) Statute and integrates theoretical debates on compliance into international justice

  9. Technological Innovations and International Humanitarian Law: Challenges and Tensions

    Directory of Open Access Journals (Sweden)

    Eric Pomès

    2017-12-01

    Full Text Available In recent years, armed conflicts have changed in nature (civil war, ‘terrorism’ and the means used are increasingly technological (robotisation, cyberwar. Faced with these developments, some would claim International Humanitarian Law (IHL is outdated. While these technological innovations present new challenges in the application of IHL, it still constitutes a relevant legal framework for armed conflicts and the conduct of hostilities. Indeed, the flexibility of IHL allows it to adapt to contemporary conflicts. Therefore, this shows that the statements about its obsolescence are primarily political in nature.

  10. 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

  11. 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

  12. 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

  13. The impact of potential political security level on international tourism

    Science.gov (United States)

    Young-Rae Kim; Chang Huh; Seung Hyun Kim

    2002-01-01

    The purpose of this study was to investigate the impact of potential political security in an effort to fill in two foregoing research gaps in international tourism. To investigate the relationship between political security and international tourism, a simple regression model was employed. Secondary data were collected from a variety of sources, such as international...

  14. 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…

  15. Political Economies of Health: A Consideration for International Nursing Studies

    Science.gov (United States)

    Peters, Michael A.; Drummond, John S.

    2008-01-01

    This article introduces and explores the concept of political economy. In particular it focuses upon the political economy of health while also considering the implications for international nursing studies in the context of health care more generally. Political economy is not only about budgets, resources and policy. It is also about particular…

  16. 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...

  17. SOCIAL THEORY OF INTERNATIONAL POLITICS: The impact of social constructivism in international politics Alexander Wendt

    OpenAIRE

    Barros, Marilene; University of California Santa Barbara

    2013-01-01

     Following the structure of Wendt’s book, I will present in this article the main arguments of his social theory, and then explain how Wendt applies them to international politics. This account will render a critique those points to the problems and promises of Wendt’s social constructivism. I argue that despite flaws in his constitutive approach, his focus on the domestic-international aspect of agency and its relation to structure (of the state system) renders a significant contribution to ...

  18. 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...

  19. 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

  20. 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...

  1. 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,...

  2. International Political Processes of Integration of Education

    Directory of Open Access Journals (Sweden)

    Marina M. Lebedeva

    2017-09-01

    Full Text Available Introduction: the study of the international dimension of education is usually reduced to a comparative analysis of the characteristics of education in different countries. The situation began to change at the end of 20th – beginning of 21st centuries due to the rapid development of globalisation processes (the formation of a transparency of national borders and integration (deepening the cooperation between countries based on intergovernmental agreements. It had an impact on education, which was intensively internationalised (to acquire a wide international dimension. Despite the possible setbacks the process of internationalisation of education, the general vector of development is that this process will increase. The purpose of this article is to analyse what new challenges and opportunities are opened due to internationalisation of education (Russian education in particular. Materials and Methods: the study is based on the principles according to which education, on the one hand, depends on the transformation of the global political organisation of the world, on another hand – it is contributing to this transformation. Materials for the study are based on international agreements, which in particular are adopted in the framework of the Bologna process, and the results of scientific works of Russian and foreign scholars. Descriptive and comparative metho ds of analysis are widely used. Results: the analysis of the processes of internationalisation of education in the world has shown that, along with its traditional directions and aspects. It was noted that university begins to play a special role in the current world. It is shown that the specificity of education in Russia, which took shape due to a large terri¬tory and historical traditions, should be taken into account when forming a strategy for the development of the internationalisation of education in the country. Discussion and Conclusions: the specificity of Russia creates a risk

  3. The Use of Drones and Human Rights: Particular Focus on the International Covenant on Civil and Political Rights Articles 2, 6, 12, 17 and 21

    OpenAIRE

    Rizwani, Muhammad Saqib

    2013-01-01

    The topic of this thesis is how the use of drone technology relates to the international human rights law regime. Particular focus is on the International Covenant on Civil and Political Rights Articles 2, 6, 12, 17 and 21.

  4. Demographic profile of states with human cloning laws: morality policy meets political economy.

    Science.gov (United States)

    Stabile, Bonnie

    2007-03-01

    This analysis seeks to identify factors that may shape the policy stance - whether restrictive or permissive - that each state in the United States with a human cloning law in place takes toward human therapeutic cloning. The investigation also considers if cloning policy is more the product of morality politics or political economy. Results show that among states with human cloning policies in place, those with a greater biotechnological capacity, more permissive abortion laws, fewer Evangelical Protestants, and higher political liberalism rankings are more likely to have permissive cloning laws. A higher Roman Catholic population is strongly associated with permissive cloning laws, rather than restrictive cloning laws as originally supposed. Factors with morality policy and economic bases were both found to be associated with cloning policy outcomes. Results suggest that morality policies, though distinct in some ways, do share determinants with public policies based on political economy.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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

  10. Potential Effects of Disruptive Political Trends in International Tourism Market

    Directory of Open Access Journals (Sweden)

    Ali Öztüren

    2017-05-01

    Full Text Available The purpose of this paper is to discuss the prospective effects of the latest political incidences on the international tourism market. In this context, the arguments are based on the implications of the USA elections and the Brexit. The methodology of this paper comprises the discussion of the debates related to the recent political experiences. International tourism activities cannot be isolated from the political environment. It is clear that the new political incidences will require novel insights and strategies in conducting international tourism business globally. This paper provides a viewpoint of the today’s political scenarios that will certainly affect the international tourism market. It can be used to comprehend insights that can be used to plan the tourism futures.

  11. 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

  12. 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.

  13. 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...

  14. 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)

  15. 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

  16. Internal capital markets: The bright side of corporate politics

    NARCIS (Netherlands)

    Cremers, M.; Huang, R.; Sautner, Z.

    2008-01-01

    This study looks inside the internal capital market of a large retail-banking group to study how internal corporate politics affect internal capital allocation. Our data is from the firm's managerial accounting system and covers all cash flows, internal capital transfers, and investments at the

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

    Directory of Open Access Journals (Sweden)

    JEANNETTE IRIGOIN BARRENE

    2018-01-01

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

  18. Development of international organizations in the context of evolution of global political system

    Directory of Open Access Journals (Sweden)

    M A Kaverin

    2014-12-01

    Full Text Available The article analyses general regularities of development of international organizations. Dynamics of international organizations is described with the equation of biological populations’ growth and is related to the evolution of international multilateral law and world development parameters. As the result of the research, the evolution of global political system is represented with the system of international governance based on the multilateral mechanisms and the model of social structures’ types. The transformations in the system of international organizations partially confirm the hypothesis of emerging World-organism.

  19. 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....

  20. International Covenant on Civil and Political Rights

    Directory of Open Access Journals (Sweden)

    Catalina Mititelu

    2013-08-01

    Full Text Available According to the Covenant on Civil and Political Rights adopted by the United Nations, in 1966, the human being who enjoy his civil and political rights, enjoy in fact that “humanitas dignitas” (human dignity, since these rights derive from this. That is why this Covenant stipulated that the States parties are obligated to assure both the recognitions of these rights and their exercise and juridical protection.

  1. 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.

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

    OpenAIRE

    Garcia, Frank J.

    2007-01-01

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

  3. 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 ...

  4. Studying "The Political" in International Aid to Education: Methodological Considerations

    Science.gov (United States)

    Knutsson, Beniamin; Lindberg, Jonas

    2017-01-01

    The point of departure of this article is an apparent antinomy. On the one hand, there is the powerful argument in political theory on the emergence and consolidation of a post-political condition. On the other hand, research in international and comparative education demonstrates how conflicts and power asymmetries continue to characterize…

  5. International Legal and Political Considerations Concerning the Seabed Disposal of Nuclear Waste

    International Nuclear Information System (INIS)

    Eaker, L.H.

    1983-01-01

    From its beginnings in 1973, to the present time, the concept of disposing of high-level nuclear wastes within the seabed has attracted serious investigation by numerous scientists. The scientific work to date has led to the general conclusion that the burial of high-level nuclear waste within the deep-sea clays of the oceanic basins, in conjunction with a perfected multi-barrier containment concept, could prove technically and environmentally feasible. This article discusses the need for further consideration of the international legal and political implications arising from any proposed seabed disposal of high-level nuclear waste. Further consideration of the international legal issues necessarily involves the analysis of three general areas of international law, namely: the question of coverage under the 1972 London Ocean Dumping Convention; the application and effect of the provisions of the new United Nations Convention on the Law of the Sea; and the consideration of general principles of international law. (NEA) [fr

  6. 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.

  7. 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 ...

  8. 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 ...

  9. Greenland and the international politics of a changing arctic

    DEFF Research Database (Denmark)

    Greenland and the International Politics of a Changing Arctic examines the international politics of semi-independent Greenland in a changing and increasingly globalised Arctic. Without sovereign statehood, but with increased geopolitical importance, independent foreign policy ambitions......, and a solidified self-image as a trailblazer for Arctic indigenous peoples’ rights, Greenland is making its mark on the Arctic and is in turn affected – and empowered – by Arctic developments. The chapters in this collection analyse how a distinct Greenlandic foreign policy identity shapes political ends and means...... for regional change in the Arctic. This is the first comprehensive and interdisciplinary examination of Greenland’s international relations and how they are connected to wider Arctic politics. It will be essential reading for students and scholars interested in Arctic governance and security, international...

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

    NARCIS (Netherlands)

    Nicolosi, S.

    2016-01-01

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

  11. A judicial review of political questions under Islamic law

    OpenAIRE

    Abdulfatai O. Sambo; Hunud Abia Kadouf

    2014-01-01

    The contemporary Arab world has witnessed uprisings and turmoil as a result of alleged power-overreaching by political elites. Consequently, people call for democracy with emphasis on constitutionalism, accountability and protection of human rights. Yet, the voice of the judiciary seems not to be heard in championing these values in many Muslim nations despite the clear roles Islam places on the judiciary regarding political matters. This paper therefore analyses the power of judicial review ...

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

    Directory of Open Access Journals (Sweden)

    Olga N. Shpakovych

    2014-12-01

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

  13. 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.

  14. 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…

  15. 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

  16. Politics and Policy Change in American Administrative Law

    Directory of Open Access Journals (Sweden)

    Richard Murphy

    2010-10-01

    Full Text Available This essay uses Justice Scalia’s and Breyer’s dueling opinions in FCC v. Fox Television Stations, Inc. (2009, as a vehicle for exploring the contested relationship between politics and policy change in administrative law. In Fox, a five – justice majority led by Justice Scalia insisted that an agency’s abandonment of an old policy position in favor of a new one should survive review for arbitrariness so long as the agency explains why its new position is reasonable. A different five – justice majority (yes – that adds up to ten led by Justice Breyer thought that Justice Scalia’s stance left too much room for politicization of policymaking. To curb such influence, Justice Breyer insisted that an agency, to justify abandoning an old policy, must explain why it was reasonable to change from its old policy to the new one. Neither of these two approaches in Fox hits quite the right note. Justice Scalia’s view unduly minimizes the problem of politicization. Justice Breyer’s solution seems formalistic and easy to evade. A better way forward may lie in combining Justice Scalia’s simpler framework with Justice Breyer’s more suspicious attitude. Taking a cue from Justice Frankfurter in Universal Camera, the courts should respond to the potential for excessive politicization of agency policymaking not with more doctrinal metaphysics but with a suspicious “mood.” Cet article se base sur les opinions adverses des juges Scalia et Breyer dans FCC v. Fox Television Stations Inc. (2009 comme véhicule pour explorer le rapport contesté entre la politique et les changements de politiques en droit administratif. Dans Fox, une majorité de cinq juges dirigée par le juge Scalia a insisté que l’abandon d’une ancienne politique par une agence en faveur d’une nouvelle politique devrait survivre à un examen pour juger si elle est arbitraire en autant que l’agence explique pourquoi sa nouvelle politique est raisonnable. Une autre

  17. 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.

  18. The Militant Nun as Political Activist and Feminist in Martial Law Philippines

    Directory of Open Access Journals (Sweden)

    Mina Roces

    2004-01-01

    Full Text Available During the martial law era (1972-1986, the militant nuns were the most visible symbols of political activism: they dominated the Task Force Detainees, they were active in the underground press, and were present in the labour strikes and demonstrations. But, in becoming political activists, they discovered the potential of moral power as women religious figures. During the People Power revolution, for example, the nuns – armed only with rosaries, confronted the military (the supreme example of machismo politics and triumphed. In the process of attacking political oppression, these nuns also began to challenge cultural constructions of the feminine – becoming the first overt feminists to do so in Philippine history. This paper explores how martial law transformed these women into militant activists and feminists. Although driven by their struggle to protect the victims of martial law, they also succeeded in empowering themselves. This new ‘moral power’ has since been harnessed for women’s issues.

  19. Power Politics and the Rule of Law in Post-Dayton Bosnia

    Directory of Open Access Journals (Sweden)

    Timothy Donais

    2013-06-01

    Full Text Available Over the past two decades, therule of law has emerged as a key priority within contemporary peacebuildingefforts. Drawing on examples from post-Dayton Bosnia, this article examines theimpact of rule of law reform efforts on broader patterns of power and politicalauthority in peacebuilding contexts. It suggests that in the case of Bosnia,the use of rule of law strategies to restructure political life has largelyfailed. Thus, despite some notable achievements on the rule of law front, thecore dynamics of Bosnia’s political conflict remain intact, and country’s peaceprocess is as fragile as ever. The article concludes by noting that charting acourse between accepting the political status quo and fundamentallytransforming it requires more nuanced approaches that advance the rule of laweven while accepting its limits as an instrument of deep politicaltransformation.

  20. A judicial review of political questions under Islamic law

    Directory of Open Access Journals (Sweden)

    Abdulfatai O. Sambo

    2014-06-01

    Full Text Available The contemporary Arab world has witnessed uprisings and turmoil as a result of alleged power-overreaching by political elites. Consequently, people call for democracy with emphasis on constitutionalism, accountability and protection of human rights. Yet, the voice of the judiciary seems not to be heard in championing these values in many Muslim nations despite the clear roles Islam places on the judiciary regarding political matters. This paper therefore analyses the power of judicial review on political questions from the perspective of Islamic jurisprudence. It finds that the power of judicial review and its main institution existed in early Islamic periods after the demise of the Prophet (SAW. The paper concludes that failure to observe judicial review in many contemporary Muslim countries results in the absence of effective checks on the powers of the rulers by the judiciary.

  1. Families and the European Union : law, politics and pluralism.

    OpenAIRE

    McGlynn, C.M.S.

    2006-01-01

    In the first book to offer a comprehensive analysis of family law in the European Union, McGlynn argues that a traditional concept of 'family' which has many adverse effects - on individuals, on families (in all their diverse forms), and indeed on the economic ambitions of the EU is forming the basis for the little-recognised and under-researched field of EU family law. This book examines three different aspects of family life - childhood, parenthood and partnerships - and critically analyses...

  2. 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

  3. The end of nuclear power? The conflict of politics, ecology and law

    International Nuclear Information System (INIS)

    Strassburg, W.

    1999-01-01

    The German federal government's demand to opt out of the peaceful use of nuclear power is examined under aspects of constitutional law. Constitutional barriers allow the peaceful use of nuclear power to be discontinued without any compensation only in the distant future. A general restriction of the useful life of plants does not constitute a modification of ownership rights but deprivation, i.e., expropriation. In this politically desired opt-out, the government also must bear in mind that the constitution protects not only the property but also the freedom to exercise their profession (Article 12, para. 1, German Basic Law) of all those who have been committed to this industry for decades. Also a national ban on reprocessing with transborder effects violates existing law, counteracting the requirement of a free exchange of goods and services within the single European market. Moreover, the existing reprocessing contracts with foreign companies may be terminated unilaterally only subject to indemnification, as they constitute obligations under international law, unless German customers were to exercise their contractual right to cancel. In addition, it is to be feared that discontinuation of the peaceful uses of nuclear power manifests itself in the absence of provisions for the back end of the fuel cycle. Prolonging the exploration of repositories and, consequently, relying more and more heavily on interim stores, is bound to raise the question of the evidence of spent fuel and waste management in these latter facilities. In the absence of sufficient proof of waste management provisions in interim stores, the accusation could be leveled that it was not certain whether these interim stores were not turning into final stores. (orig.) [de

  4. National treatment in international trade: National law and international standards

    Directory of Open Access Journals (Sweden)

    Divljak Drago

    2014-01-01

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

  5. 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...

  6. The international politics of nuclear waste

    International Nuclear Information System (INIS)

    Blowers, Andrew; Lowry, David; Solomon, B.D.

    1991-01-01

    The dilemma of disposing nuclear waste is likened to dealing with the menace of the Ring in Tolkein's 'Lord of the Ring'; there are only two courses open 'to hide the Ring or to unmake it; both are beyond our power'. This book attempts an understanding of the contemporary politics of radioactive waste. Chapters 1 and 2 set out the background and historical context for the current position where the options have been narrowed by public opposition. The main story of the book looks at the situation in the United Kingdom, but comparisons are drawn with the USA, western Germany, Sweden and France. The studies spanned six years and are based on visits, discussions and observations. The last chapter asks the question-what are the political conditions necessary for the development of publicly acceptable policies for the management of radioactive wastes ? As Tolkein put it 'we should seek a final end of this menace, even if we do not hope to make one'. (UK)

  7. Book Review: Jus Cogens – International Law and Social Contract

    Directory of Open Access Journals (Sweden)

    Irawati Handayani

    2016-12-01

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

  8. The Politics of International Terrorism in the Security Complexes in ...

    African Journals Online (AJOL)

    sulaiman.adebowale

    2006-06-13

    Jun 13, 2006 ... International Relations and Security Studies, Department of Political Science and .... porary international relations in the Greater Horn of Africa. ..... In the case .... terrorist organisation, and all its sponsors and supporters as terrorist col- ... every act of violence to the label of terrorist, to the extent that public.

  9. Symposium 'The politics of international recognition'

    NARCIS (Netherlands)

    Agne, Hans; Bartelson, Jens; Erman, Eva; Lindemann, Thomas; Herborth, Benjamin; Kessler, Oliver; Chwaszcza, Christine; Fabry, Mikulas; Krasner, Stephen D.

    Recognition plays a multifaceted role in international theory. In rarely communicating literatures, the term is invoked to explain creation of new states and international structures; policy choices by state and non-state actors; and normative justifiability, or lack thereof, of foreign and

  10. The political economy of international accounting standards

    NARCIS (Netherlands)

    Perry, J.; Nolke, A.

    2006-01-01

    On 1 January 2005, all stock exchange listed companies in the European Union (EU) began using International Financial Reporting Standards (IFRS) written by the International Accounting Standards Board (IASB). This article argues that the IASB's introduction of fair value accounting reflects and

  11. 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.…

  12. International political symbolism of the architecture of government buildings

    Directory of Open Access Journals (Sweden)

    V. V. Kochetkov

    2015-01-01

    Full Text Available The article analyzes international political architecture of government buildings in Russia, the U.S., Western Europe (UK, France, Germany and Asia (China, India, Japan. Conclusions that the architecture of government buildings reflects the values of the dominant society’s political culture. Some government buildings are prototypes constructed previously in other societies and cultural traditions (for instance, the Capitol in Washington, USA, and the Capitoline temple in Rome.

  13. Islamic criminal law in northern Nigeria: politics, religion, judicial practice

    NARCIS (Netherlands)

    Weimann, G.J.

    2010-01-01

    In 2000 and 2001, twelve northern states of the Federal Republic of Nigeria introduced Islamic criminal law as one of a number of measures aiming at "reintroducing the shari'a." Immediately after its adoption, defendants were sentenced to death by stoning or to amputation of the hand. Apart from a

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

    Directory of Open Access Journals (Sweden)

    Ignacio Odriozola

    2017-12-01

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

  15. 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

  16. 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.

  17. Computer Network Attacks and Modern International Law

    Directory of Open Access Journals (Sweden)

    Andrey L. Kozik

    2014-01-01

    Full Text Available Computer network attacks (CNA is a no doubt actual theoretical and practical topic today. Espionage, public and private computer-systems disruptions committed by states have been a real life. States execute CNA's involving its agents or hiring private hacker groups. However, the application of lex lata remains unclear in practice and still undeveloped in doctrine. Nevertheless the international obligations, which states have accepted under the UN Charter and other treaties as well as customs - with any related exemptions and reservations - are still in force and create a legal framework, which one cannot ignore. Taking into account the intensity level or the consequences of a CNA the later could be considered as an unfriendly, but legal doing, or, as a use of force (prohibited under the article 2(4 of the UN Charter, or - in the case the proper threshold is taken - as an armed attack (which gives the victim-state the right to use force in self-defence under the customs and the article 51 of the UN Charter. Researches in the field of lex lata applicability to the CNAs could highlight gaps and week points of the nowadays legal regime. The subject is on agenda in western doctrine, and it is a pity - not in Russian one - the number of publication here is still unsatisfied. The article formulates issues related to CNAs and the modern international legal regime. The author explores the definition, legal volume of the term CNA, highlights main issues, which have to be analyzed from the point of the contemporary law.

  18. THE MEASURES OF CONSTRAINT IN THE INTERNATIONAL LAW

    Directory of Open Access Journals (Sweden)

    Dumitriţa FLOREA

    2013-12-01

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

  19. International Political Actorness of the European Union: Evaluation Criteria

    Directory of Open Access Journals (Sweden)

    GNATYUK N.N.

    2014-06-01

    Full Text Available The European Union is a completely new international entity which is hard to evaluate using traditional criteria of political actorness. Its active international presence stimulates the modeling of international actor features beyond the scope of “state-international organization” scheme. The concept of international actorness serves as a starting point for the development of appropriate analytical model. Unlike the traditional state-centered approaches which define an international actor through its affiliation witch the international system, this concept operates at the internal level of international entity and at the international structure level. Furthermore, both of these levels are treated as ontologically neutral and mutually constitutive. This basic theoretical scheme is used for elaboration of evaluation criteria of political actorness. The proposed system of criteria is based on drawing, synthesizing and developing the main writings on “new international actors” since the times of classic work by Carol A. Cosgrove and Kenneth J. Twitchett. The key elements of actorness assessed in this article include defining of capacity to act on the global scene as well as the acceptance by other actors and by international system as a whole. At the internal level, the EU’s actor capacity is measured by assessing its core elements ranging from core aspects, such as autonomy, authority, actor capability, coherence and cohesion to identity aspects. On the external level, the decisive criteria are recognition and acceptance by others which reflect expectations and perceptions of the EU. The proposed approach of evaluating the international actorness enables us to consider the political activity of the EU on the basis of coordinated system of interaction between the variables of international and domestic levels of the analysis. Furthermore, this contributes to the development of cumulative, coherent, and comprehensive theory of international

  20. The global household: toward a feminist postcapitalist international political economy.

    Science.gov (United States)

    Safri, Maliha; Graham, Julie

    2010-01-01

    The goal of this article is to introduce a new category into international political economy-the global household-and to begin to widen the focus of international political economy to include nonmarket transactions and noncapitalist production. As an economic institution composed of transnational extended families and codwellers (including international migrants and family members left behind in countries of origin), the global household is engaged in coordinating international migration, sending and receiving billions of dollars in remittances, and organizing and conducting market- and non-market-oriented production on an international scale. We first trace the discursive antecedents of the global household concept to theories of the household as a site of noncapitalist production and to feminist ethnographies of transnational families. In order to demonstrate the potential significance and effect of this newly recognized institution, we estimate the aggregate population of global households, the size and distribution of remittances, and the magnitude and sectoral scope of global household production. We then examine the implications of the global household concept for three areas of inquiry: globalization, economic development, and the household politics of economic transformation. Finally, we briefly explore the possibilities for research and activism opened up by a feminist, postcapitalist international political economy centered on the global household.

  1. Management Under Anarchy. The International Politics of Climate Change

    International Nuclear Information System (INIS)

    Thompson, A.

    2006-01-01

    This article analyzes climate change from the perspective of international politics. In the anarchy of the international system, various cooperation problems have stalled the formation of an effective climate regime at the international level. Obstacles occur at three stages of regime formation: the bargaining stage, the transition stage, and the implementation stage. The importance of the transition stage of cooperation, which takes place between the signing of an agreement and its entry into force, has been overlooked by international relations scholars and is particularly important in the climate case. The article assesses the possibility of applying 'adaptive management' principles to climate change as a partial response to these political obstacles. While such an approach has significant appeal given the uncertainty surrounding the human-climate interface, its experimental, top-down characteristics are not politically feasible at the international level. I recommend certain modifications of existing institutions and practices to improve international information sharing and facilitate efficient learning. These changes would serve to promote a decentralized and passive - and thus politically viable - version of adaptive management, an effective approach to dealing with climate change at the global level

  2. Law, Finance, and Politics: The Case of India

    OpenAIRE

    John Armour; Priya Lele

    2008-01-01

    The process of liberalisation of India's economy since 1991 has brought with it considerable development both of its financial markets and the legal institutions which support these. An influential body of recent economic work asserts that a country's 'legal origin'-as a civilian or common law jurisdiction-plays an important part in determining the development of its investor protection regulations, and consequently its financial development. An alternative theory claims that the determinants...

  3. 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.

  4. 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

  5. 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 ...

  6. 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 ...

  7. 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 ...

  8. POLITIK HUKUM DALAM PUTUSAN HAKIM (The Politic of Law in a Verdict

    Directory of Open Access Journals (Sweden)

    Teguh Satya Bhakti

    2016-03-01

      A law (written law was never full, clear and complete set of community life, so it is always lagging behind follows the development of society. To keep abreast of it, the law should always be developed in order to remain update and relevant to the times. Implementation and development of legislation going through the verdict (jurisprudence in the judicial process. In other words, jurisprudence intended as legal development, to meet the legal needs of justice seeker. Implementation of the functions of law enforcement and justice as well as the function of legal discovery (rechtsvinding embodied in a verdict (jurisprudence, should refer to Pancasila as the norm of fundamental state (staatsfundamentalnorm or wisdom / genius of the national (national wisdom / national genius and 1945 as the basic law of the state, so that the decision reflects the sense of justice of the nation and the people of Indonesia as well. It declares a political manifestation of the law in a verdict.

  9. Crimea And The Politics Of Legitimacy In International Relations

    Directory of Open Access Journals (Sweden)

    A. A. Vlasov

    2018-01-01

    Full Text Available Despite the fact that four years have passed since the accession of Crimean peninsula, an active polemic continues in the academic community. Obviously, it somehow sets a certain political discourse not only of the present, but also of the future. Therefore, one cannot ignore the existence of serious arguments from those who criticize legitimacy of the Russia’s actions. However, on the other hand, there are enough legal and legitimate reasons to recognize the reunification of Crimea and Russia as fully justified. The analysis of the relationship between the legal and political aspects of legitimacy is crucial in this matter. In the post-Soviet period, the Ukrainian government, setting a course for rapid Ukrainianization and building (almost not taking in consideration its own realias a state of the European type, proved unable to change the pro-Russian identity of the Crimeans. On the contrary, its policies only increased people’s discontent with Ukrainian reality. As a result, the pro-Russian orientation of the majority of Crimean residents has become both Russian legitimacy and legality. In addition, the issues of national security were an important circumstance of the Russian leadership actions during this period. Russia was forced to consolidate its high traditional legitimacy on the peninsula legally, when it sensed a threat to it from the expanding NATO because of the coup d’état and the ouster of the legitimate authority. Introducing the blockade of the peninsula, the Kiev authorities finally undermined the Ukrainian legitimacy among the population of the Crimea. The blockade, first by non-state actors, and then by state structures of Ukraine in water supply, access to electricity, restriction of freedom of movement and in other areas, led to the violation of human rights in the Crimea. Today, the Ukrainian state in every possible way reneges on international law norms in relation to the Crimeans, arguing that the Russian

  10. The „Collateral Estoppel” Theory in International Law

    Directory of Open Access Journals (Sweden)

    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.

  11. 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.

  12. FACTUAL INDETERMINACY IN INTERNATIONAL TAX LAW

    Directory of Open Access Journals (Sweden)

    B. Bogenschneider

    2016-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Samuel Salzborn

    2009-12-01

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

  14. Building community in international politics: A study of political press conferences

    Directory of Open Access Journals (Sweden)

    Aditi Bhatia

    2011-04-01

    Full Text Available In today’s increasingly globalised yet disconnected world, especially in the contemporary context of a turbulent political landscape, there has been an increasing effort made by socio-political leaders at solidifying alliances and drawing support from different corners of the world in order to neutralize policies. Drawing on a multidimensional framework, in particular, critical discourse analysis and membership categorization analysis, this paper explores the various strategies employed by political leaders, attempting to reconcile disparate perspectives in the face of increasing socio-economic inter-connection and political dependence. More often than not, it was discovered, political leaders drew upon the somewhat “illusory” notion of “international community”, turning it into a tool of persuasion and membership category. In doing so, this paper aims to illustrate how the creation of illusive categories and perceptions are intended as a means of drawing support from diverse political leaders and projecting a united front before scrutinizing press and public.

  15. The Networks and Niches of International Political Economy

    DEFF Research Database (Denmark)

    Seabrooke, Leonard; Young, Kevin L.

    2017-01-01

    We analyze the organizational logics of how social clustering operates within International Political Economy (IPE). Using a variety of new data on IPE publishing, teaching, and conference attendance, we use network analysis and community detection to understand social clustering within the field...

  16. Popularising the "New International Political Economy": The ATTAC Movement

    Science.gov (United States)

    Bobulescu, Roxana

    2008-01-01

    Born in France in 1997, the ATTAC (Association for the Taxation of Financial Transactions to Aid Citizens) movement is popularising IPE (international political economy), the interdisciplinary field of study born in the United Kingdom in the 1970s. The affinity between the ideas and main concerns of ATTAC and IPE can be clearly stated. ATTAC is a…

  17. International Emission Trading Systems: Trade Level and Political Acceptability

    DEFF Research Database (Denmark)

    Boom, J-T.; Svendsen, Gert Tinggaard

    1999-01-01

    , at the international level, industrial lobbyism was non-significant. Only the 'fossil fuel lobby' played a role. Third, at the national level, one could expect strong political opposition from industry lobbies in case quotas are actually to be distributed at firm level. But trade among countries may benefit industry...

  18. Political problems in the system of radiation protection laws of Japan

    International Nuclear Information System (INIS)

    Nakagawa, Haruo

    2008-01-01

    The lack of hierarchy and multiple restrictions by the radiation protection laws in Japan, causes multiple dose records of individual and scattering dose records. To solve the problem, the National Radiation Dose Registration Systems was proposed already by Atomic Energy Commission about 40 years ago. But only one radiation dose registration system is partly effective, which was applied for workers in nuclear plants. This paper reports political problems in the system of radiation protection laws of Japan, and proposes the new national radiation dose registration systems which will be able to have a function of supplementation of quality assurance of radiation protection laws. (author)

  19. International transitional administrations and the politics of authority building

    OpenAIRE

    Zaum, Dominik

    2017-01-01

    This article critically examines authority-building practices in the context of statebuilding through the lens of one particular form of external statebuilding interventions: international transitional administrations (ITAs), which are established by international organisations (mainly the UN) to exercise governmental functions over a territory, and in some cases to engage in the establishment or reform of political, administrative, and economic institutions. Drawing in particular on one ITA,...

  20. Social and Political Thinking in Children: Implications for Law-Related Education.

    Science.gov (United States)

    Wyner, Nancy B.

    The paper reviews literature dealing with children's social and political development and examines how changing orientations in child development research relate to citizenship education. The paper is intended for use by elementary school educators as they develop and implement citizenship education and law-related education programs. The paper is…

  1. THEORETICAL-METHODOLOGICAL ASPECT OF THE CATEGORIES OF LAW, MORALITY AND POLITICS IN SOCIOLOGICAL KNOWLEDGE

    Directory of Open Access Journals (Sweden)

    Yu. V. Krasilnikova

    2010-01-01

    Full Text Available We consider the category of law, morality and politics in the sociological knowledge in the context of theoretical and methodological aspects. We give a detailed and incomplete, structural and content characteristics of these categories in the interpretation of their manifestation in thepolitical and social dimension of society.

  2. 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.

  3. 'Adventurous' judgments
    A comparative exploration into human rights as a moral-political force in judicial law development

    Directory of Open Access Journals (Sweden)

    Bas de Gaay Fortman

    2006-12-01

    Full Text Available This article looks at the development of law by the judiciary in the sense of judgments taking the law beyond the point of what was hitherto regarded as ius positivum. Its main perspective, however, is not the creation of law by the courts as such, but rather the ways and means in which the human rights idea has encouraged judges to deliver decisions that imply an overturning of 'settled' law. In the comparative exploration of 'adventurous' judgments that we shall embark on, our focus will be on the political morality of human rights as a driving force in judicial activism. It is assumed, in other words, that where the judiciary is 'active', human rights may play a part as general principles of law as distinct from rules already incorporated in positive law. Notably then, human rights in this way affect positive law in a manner other than through processes of international, regional and national standard setting connected with the establishment of new supervisory institutions and mechanisms. For this reason, the article does not so much consider typical human rights cases; instead the focus is on major decisions by national courts that were not in the first place regarded as human rights cases at all. In this endeavour, the article aims to be no more than an initial comparative exploration, intended to illustrate a function of human rights that is not normally highlighted, namely its function as an inspirational force towards 'adventurous' judgments. Yet, the judicial potential illustrated here is of great significance, as it may lead to law development inspired by the two principal pillars underpinning the international quest for the realization of human rights: universality and human dignity. After reviewing a variety of characteristic cases from such diverse legal backgrounds as the United Kingdom, the Netherlands, the United States of America, India, South Africa and Nigeria, some conclusions are drawn as to the ways in which human rights

  4. THE EFFECTS OF ANTI-DISCRIMINATION LAWS AND POLICIES ON POLITICAL AND ECONOMIC STABILITY OF EUROPEAN UNION

    Directory of Open Access Journals (Sweden)

    Merim Kasumović

    2012-04-01

    Full Text Available Development of a civil society and social systems for protection of different groups is directly related to well functioning political and economic systems. If the level of economic development or political stability is not continuous the implementation of antidiscrimination laws would most likely be at a very low level. In this case development of social rights along with implementation of antidiscrimination rights may be marginalized due to three factors: lack of cooperation among political and economic spheres, lack of knowledge about antidiscrimination laws and absence of political will for adoption and implementation of antidiscrimination laws. Therefore, we focus on the examination of specific issues concerning the three aforementioned factors primarily focusing on EU and divergence in the level of political and economic development among the member states.We will argue that antidiscrimination laws are not welcome in new member states, especially since they increase political and economic costs for the governments of respective countries. Level of political development has much to do with the acceptance and inclusion of AD laws in the decision making process. Economic development has much to do with social and living standards within a country which is directly related to the general perception of the population on AD laws. Therefore, one could say that implementation of AD laws heavily depends on the preparedness of people, economic and political system and their will to cope with costs and benefits of implementing those laws.

  5. International and European regulations in the energy law: selected issues

    International Nuclear Information System (INIS)

    Schwarz, F.

    2010-01-01

    This work deals with four selected legal aspects or issues in the energy sector, which are mainly located in the international, European and at the interface to national law. The first question is 'The status of the investor to the Energy Charter' and addresses issues regarding the investor position and their characteristics according to the Energy Charter Treaty. The second question is 'aspects of energy competence under the Treaty of Lisbon' and deals among others questions with the new energy expertise offense, as well as direct investment. The third issue, titled 'The admissibility of ownership unbundling' illuminates terms of a proposal, which plan a full ownership unbundling of transmission system operators, in more detail. The fourth issue is 'aspects for the implementation of directive 2006/32/EC' and deals with aspects of the implementation of this directive in Austria. This work is making an attempt to shed light on these questions and their issues in more detail by also taking into account the Austrian perspectives. In my view the energy sector is an economically important and politically embossed area that always has a current relevance to daily life and will raise more legal questions in future. (kancsar) [de

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

    Directory of Open Access Journals (Sweden)

    Urs Matthias Zachmann

    2014-01-01

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

  7. 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

  8. The ICC, International Criminal Justice and International Politics ...

    African Journals Online (AJOL)

    The International Criminal Court (ICC) came into being as a result of a desire by the international community to establish a permanent body to deliver criminal justice instead of the formula of ad hoc tribunals that had become the norm. The coming into force of the Rome Statute in 2002 was greeted with euphoria as it ...

  9. Human Rights Promotion through Transnational Investment Regimes: An International Political Economy Approach

    Directory of Open Access Journals (Sweden)

    Claire Cutler

    2013-05-01

    Full Text Available International investment agreements are foundational instruments in a transnational investment regime that governs how states regulate the foreign-owned assets and the foreign investment activities of private actors. Over 3,000 investment agreements between states govern key governmental powers and form the basis for an emerging transnational investment regime. This transnational regime significantly decentralizes, denationalizes, and privatizes decision-making and policy choices over foreign investment. Investment agreements set limits to state action in a number of areas of vital public concern, including the protection of human and labour rights, the environment, and sustainable development. They determine the distribution of power between foreign investors and host states and their societies. However, the societies in which they operate seldom have any input into the terms or operation of these agreements, raising crucial questions of their democratic legitimacy as mechanisms of governance. This paper draws on political science and law to explore the political economy of international investment agreements and asks whether these agreements are potential vehicles for promoting international human rights. The analysis provides an historical account of the investment regime, while a review of the political economy of international investment agreements identifies what appears to be a paradox at the core of their operation. It then examines contract theory for insight into this apparent paradox and considers whether investment agreements are suitable mechanisms for advancing international human rights.

  10. 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

  11. 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.

  12. 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.

  13. The politics of space - Who owns what? Earth law for space

    Science.gov (United States)

    Hosenball, S. N.

    1983-01-01

    Topics of concern in developing space law, i.e., international disagreements, the present status of space law, and requirements for future space activities, are discussed. Factors inhibiting agreements include governments that wish to control specific regions of GEO, the refusal of several countries to permit international DBS television broadcasts over their boundaries, the possibility that weapons may be placed in space, and the lack of international laws governing humans and industries in space. It is noted that any state entering an international agreement has relinquished some of its sovereignty. The Outer Space Treaty has removed celestial bodies from claims of national appropriation. States retain sovereignty over their citizens who travel in space, a problematical concept once internationally-manned settlements in space or on the moon are established. It is recommended that space law develop mainly in reaction to the implementation of new space capabilities in order to avoid hindering space activities.

  14. 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 ...

  15. European New Legal Realism and International Law:

    DEFF Research Database (Denmark)

    Holtermann, Jakob v. H.; Madsen, Mikael Rask

    2015-01-01

    complex analysis which takes legal validity seriously but as a genuinely empirical object of study. This article constructs this position by identifying a distinctively European realist path which takes as its primary inspirations Weberian sociology of law and Alf Ross’ Scandinavian Legal Realism...

  16. Law and Popular Culture : International Perspectives

    NARCIS (Netherlands)

    Brown, K.J.; Asimow, Michael; Papke, David Ray

    Commentators have noted the extraordinary impact of popular culture on legal practice, courtroom proceedings, police departments, and government as a whole, and it is no exaggeration to say that most people derive their basic understanding of law from cultural products. Movies, television programs,

  17. Abandonment and reconciliation: addressing political and common law objections to fetal homicide laws.

    Science.gov (United States)

    Curran, Douglas S

    2009-03-01

    Fetal homicide laws criminalize killing a fetus largely to the same extent as killing any other human being. Historically, the common law did not generally recognize feticide as a crime, but this was because of the evidentiary "born-alive" rule, not because of the substantive understanding of the term "human being." As medicine and science have advanced, states have become increasingly willing to abandon this evidentiary rule and to criminalize feticide as homicide. Although most states have recognized the crime of fetal homicide, fourteen have not. This is largely the result of two independent obstacles: (judicial) adherence to the born-alive rule and (legislative) concern that fetal homicide laws could erode constitutionally protected reproductive rights. This Note explores a variety of fetal homicide laws that states have adopted, demonstrating that popular opinion has shifted toward recognizing this crime. It then directly confronts the objections that have prevented other states from adopting such laws: it first reviews the literature suggesting that the born-alive rule should be abandoned, as it is an obsolete evidentiary standard; it then argues that constitutionally protected reproductive liberties can be reconciled with, and in fact augmented by, punishing the killing of a fetus as a homicide.

  18. 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

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

    African Journals Online (AJOL)

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

  20. The Obligations of States towards Refugees under International Law

    DEFF Research Database (Denmark)

    Skordas, Achilles

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

  1. 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 ...

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

    Index Scriptorium Estoniae

    Kim, Yoonie

    2005-01-01

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

  3. 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.

  4. Doing justice to the political: the International Criminal Court in Uganda and Sudan: a reply to Sarah Nouwen and Wouter Werner

    NARCIS (Netherlands)

    Schotel, B.

    2011-01-01

    This article is a reaction to Sarah Nouwen and Wouter Werner, ‘Doing Justice to the Political. The International Criminal Court in Uganda and Sudan’, 21 EJIL (2010) 941. It takes issue with attempts to understand international law and particularly the workings of the International Criminal Court in

  5. 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

  6. Investigating the Role of International Law in Controlling Communicable Diseases

    Directory of Open Access Journals (Sweden)

    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.

  7. 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...

  8. 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

  9. 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.

  10. 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.

  11. 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.

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

    Directory of Open Access Journals (Sweden)

    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.

  13. Toward Automated International Law Compliance Monitoring (TAILCM)

    Science.gov (United States)

    2014-07-01

    The formula assigns a value of 0 to 100 to most of the text. The higher a text scores, the more readable it is. In Flesch’s (1979) analysis, comic ... books scored 92 on the scale; the New York Daily News (a tabloid) scored 60; the New York Times scored 39; and Harvard Law Review scored 32. The...Drools http://drools.jboss.org [12] Rudolf Flesch: How to Write Plain English: A Book for Consumers and Lawyers, Harper Collins, 1979. [13] Rinke

  14. 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.

  15. 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

  16. Development of international law concerning nuclear liability

    International Nuclear Information System (INIS)

    Ifflaender, G.; Kantner, G.

    1979-01-01

    A short overview is given of the most important international conventions relating to civil liability for damage to, or loss of, life of persons or property, caused by nuclear incidents during the operation of stationary and non-stationary nuclear installations or transport of nuclear material. In accord with the international provisions, in the German Democratic Republic too, nuclear operators are exclusively liable for such damage unless it has been caused intentionally by the injury party. (author)

  17. The EU and Climate Change Policy: Law, Politics and Prominence at Different Levels

    Directory of Open Access Journals (Sweden)

    Chad David Damro

    2008-11-01

    Full Text Available The European Union (EU is a prominent player in the politics of climate change, operating as an authoritative regional actor that influences policy-making at the national and international levels. The EU’s climate change policies are thus subjected to multiple pressures that arise from the domestic politics of its twenty-seven individual member states and the international politics of non-EU states with which it negotiates. Facing these multiple pressures, how and why could such a non-traditional actor develop into a prominent player at different levels of climate change policy-making? This article argues that the EU’s rise to prominence can be understood by tracking a number of historical-legal institutional developments at the domestic and international levels. The article also provides a preliminary investigation of the EU emissions trading scheme, a new institutional mechanism that illustrates the policy pressures arising from different levels.

  18. 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

  19. 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 ...

  20. International energy conservation: comparative law and policy

    Energy Technology Data Exchange (ETDEWEB)

    1979-02-01

    Ernest C. Baynard III, in the Foreword to the conference, told of the purpose of the conference - to compare and discuss the policies and laws that highly industrialized nations have used and considered to meet the challenge of energy conservation. The following countries participated in the conference: U.K.; Australia; Federal Republic of Germany; Japan; France; Canada; Sweden; Italy; the Netherlands; and the U.S. The IEA and the Commission of the European Communities also participated. The conference format consisted of ministerial addresses to the conference, interspersed with panel discussions focusing on energy conservation in transportation, industry, agriculture, and utilities; residential, commercial, and industrial buildings; and emergency situations. There was also a panel discussion on the role of government in energy conservation and energy information collection. The panels were composed of participating countries' representatives. (MCW)

  1. Sexual trafficking in women: international political economy and the politics of sex.

    Science.gov (United States)

    Bertone, A M

    2000-01-01

    A recent manifestation of the North/South, East/West political-economic divide is the international sex trade in women, of which trafficking in women for purposes of sexual employment is a large subset. Trafficking in humans in general, and women in particular, has taken center stage in many nation-states as an issue of a threat to national security and societal cohesion. This article explores some of the basic facts about trafficking and spotlights it as a truly global phenomenon, with its contemporary origins in the international capitalist market system. Furthermore, it argues that the international political economy of sex not only includes the supply side--the women of the third world, the poor states, or exotic Asian women--but it cannot maintain itself without the demand from the organizers of the trade--the men from industrialized and developing countries. The patriarchal world system hungers for and sustains the international subculture of docile women from underdeveloped nations.

  2. The Politics of Law in a Post-Conflict UN Protectorate

    DEFF Research Database (Denmark)

    Grasten, Maj Lervad; J. Uberti, Luca

    2017-01-01

    rely on semi-structured interviews with international officials and a review of legal documents to argue that the process of institutional change was driven largely by a contest between conflicting legal norms, rather than a contest between politically organised interest-based groups. International...... on the background paradigm ushered in a protracted period of ideational contestation. Privatisation in post-war Kosovo was essentially about the ‘politics of law’, as the legalisation of privatisation policy led inevitably to the contentious politicisation of legal norms....

  3. The law applicable to environmental damage in European private international law

    Directory of Open Access Journals (Sweden)

    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.

  4. Substantive Transparency Requirements in International Investment Law

    NARCIS (Netherlands)

    Pohl, Jens Hillebrand

    2017-01-01

    Few concepts in public governance evoke a more positive sentiment than transparency. Whether ultimately grounded in expediency or morality, transparency has emerged out of its municipal origins and been received at the international plane. This article examines the current state of evolution of the

  5. 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

  6. War, strategy, and defence: The tradition of international political thought

    Energy Technology Data Exchange (ETDEWEB)

    Robertson, D

    1986-01-01

    This major new textbook provides a survey and critique of the strands in theoretical work on international relations. Taking the avoidance or limitation of war as the central concern of IR theory, it treats the subject from both an historical and conceptual perspective. David Robertson begins his account with early natural law arguments such as those of Grotius, and then moves on to the complex moral philosophy of Kant, the more positivist developments of international law, and both the traditional and modern versions of 'just war' theory. Focusing next on the second major strand of thought, he covers the more pragmatic theorising which seeks to control war through the balance of power, collective security, and finally by nuclear deterrent.

  7. INTERNATIONAL LABOUR LAW PRINCIPLES AS GUIDELINES TO FOSTEREMPLOYMENT RELATIONS

    Directory of Open Access Journals (Sweden)

    Aniko Noemi TURI

    2017-06-01

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

  8. Cosmopolitanism in Context: Perspectives from International Law and Political Theory

    NARCIS (Netherlands)

    Werner, W.G.; Pierik, R.M.

    2010-01-01

    Is it possible and desirable to translate the basic principles underlying cosmopolitanism as a moral standard into effective global institutions. Will the ideals of inclusiveness and equal moral concern for all survive the marriage between cosmopolitanism and institutional power? What are the

  9. Cosmopolitanism in context: perspectives from international law and political theory

    NARCIS (Netherlands)

    Pierik, R.; Werner, W.

    2010-01-01

    Is it possible and desirable to translate the basic principles underlying cosmopolitanism as a moral standard into effective global institutions. Will the ideals of inclusiveness and equal moral concern for all survive the marriage between cosmopolitanism and institutional power? What are the

  10. IAEA and the international nuclear law development

    International Nuclear Information System (INIS)

    Jankowitsh, O.

    1996-01-01

    This paper summarizes the different objectives of the IAEA (International Atomic Energy Agency) as far as nuclear energy use is concerned. It presents the status of the organization, its action int the non-proliferation treaty, and its work on the safeguard regulations. These measures have been taken during the Convention on nuclear safety in 1994. This convention concerns nuclear power plants as well as storage of radioactive wastes. (TEC)

  11. The Constantinian «Dies Solis» Law in its Political and Legislative Context

    Directory of Open Access Journals (Sweden)

    Esteban MORENO RESANO

    2011-03-01

    Full Text Available The so-called «Dies Solis» Law, enacted by Constantine in 321, established the Day of the Sun as a public feast (dies festus in the Roman official calendar. This law can be studied in the political and legislative context between the first (314-315 and the second (324 civil war between Constantine and Licinius. This study reveals that its main purposes were the reinforcement of the imperial authority with administrative effects and the adoption, with propagandistic regards, of a religious policy on heathen cults different from the one developed by Licinius. The Dies Solis law is inscribed, in fact, in a joint of Constantinian norms that aim to make the imperial legislation an efficient instrument of government. Moreover, while Licinius promoted the hellenistic syncretic heathen cults, Constantine presented himself as a defender of the Roman religious traditions.

  12. The Social Life of Abortion Law: on Personal and Political Pedagogy.

    Science.gov (United States)

    Priaulx, Nicky

    2017-02-01

    The current contribution seeks to start a conversation around our pedagogical practice in respect of abortion law. Centralising the traditional portrayal of abortion law within the medical law curriculum, this essay highlights the privileging of a very particular storyline about abortion. Exploring the terrain in evaluating medical law methodologies, this essay highlights the illusion of 'balance', 'objectivity', and 'neutrality' that emerges from current pedagogy in light of how abortion law is framed and in particular what is excluded: women's own voices. Focusing on a number of 'exclusions' and 'silences' and noting how closely these mirror dominant discourse in the public sphere, this essay highlights the irony of a curriculum that reflects, rather than challenges, these discursive gaps. Arguing that the setting of a curriculum is inevitably political, ambitions for delivering a programme around abortion that is 'neutral', 'objective', or 'balanced' are dismissed. Instead, highlighting the problems of what is currently excluded, how materials are ordered, and the tacit hierarchies that lend legitimacy and authority to a particular way of 'knowing' abortion, this essay argues for a new curriculum and a new storyline-one which is supported by prior learning in feminist legal scholarship and a medical law curriculum in which the social, historical, geographical, and above all, personal is ever-present and central. © The Author 2017. Published by Oxford University Press; all rights reserved. For Permissions, please email: journals.permissions@oup.com.

  13. The development of the international and national radiation protection law

    International Nuclear Information System (INIS)

    Bischof, W.

    1978-01-01

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

  14. 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...

  15. TRANSBOUNDARY DAMAGE IN THE LIGHT OF INTERNATIONAL ENVIRONMENTAL LAW

    Directory of Open Access Journals (Sweden)

    Oana Maria HANCIU

    2014-05-01

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

  16. Internal Affairs Sector: Towards a new Law on Police

    Directory of Open Access Journals (Sweden)

    Radivojević Nenad P.

    2015-01-01

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

  17. The position of international political actors towards the Prague spring

    Directory of Open Access Journals (Sweden)

    Andrei Tinu

    2015-08-01

    Full Text Available The intervention of the USSR, Poland, Bulgaria, the German Democratic Republic and Hungary in Czechoslovakia on the night of 20 to 21 August 1968 produced a huge shock in the international community, but also a deepening of cleavage of relationships between the countries from the socialist camp. This study is an analysis of „hot“ reactions of key actors on the world political stage. The main source of information was the Agerpres Archive: unpublished documents (news, letters, analysis, translations of editorials in Western media and the external news flow.

  18. German law on circumcision and its debate: how an ethical and legal issue turned political.

    Science.gov (United States)

    Aurenque, Diana; Wiesing, Urban

    2015-03-01

    The article aims to illuminate the recent debate in Germany about the legitimacy of circumcision for religious reasons. The aim is both to evaluate the new German law allowing religious circumcision, and to outline the resulting conflict between the surrounding ethical and legal issues. We first elucidate the diversity of legal and medical views on religious circumcision in Germany. Next we examine to what extent invasive and irreversible physical interventions on infant boys unable to given their consent should be carried out for non-medical reasons. To this end, the potential benefits and harms of circumcision for non-medical reasons are compared. We argue that circumcision does not provide any benefits for the 'child as a child' and poses only risks to boys. We then set out to clarify and analyse political (rather than ethical) justifications of the new circumcision law. We demonstrate through this analysis how the circumcision debate in Germany has been transformed from a legal and ethical problem into a political issue, due at least in part to Germany's unique historical context. Although such a particular political sensibility is entirely comprehensible, it raises particular problems when it comes to framing and responding to medical ethical issues - as in the case of religious circumcision. © 2013 John Wiley & Sons Ltd.

  19. Defining the Crime of Enforced Disappearance in Conformity with International Criminal Law: a New Frontier for Bangladesh

    OpenAIRE

    Md. Raisul Islam Sourav

    2015-01-01

    Enforced disappearance is regarded as a state-sponsored heinous international crime and has recently emerged as a wide-spread issue in Bangladesh. The political opposition is currently the main target of forced disappearances, though apolitical citizens have also been targeted. Most of the incidents are unsolved and law enforcement agencies have repeatedly denied their involvement. Internationally, the UN Convention for the Protection of All Persons from Enforced Disappearance was opened for ...

  20. 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

  1. A Study on the Application of Politeness Strategies in International Business Negotiation

    Institute of Scientific and Technical Information of China (English)

    张栋栋

    2016-01-01

    #%Under the influence of economic globalization, international business negotiation is becoming more and more fre-quent. Politeness principle is an important pragmatic strategy in international business negotiation, representing good cultural quality and professional ethics image. In the course of business negotiation, how to properly use politeness language and pay at-tention to politeness strategy will affect the result of negotiation.

  2. 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

  3. Law, Contestation, and Power in the Global Political Economy: An Introduction.

    Directory of Open Access Journals (Sweden)

    Edward S. Cohen

    2013-10-01

    Full Text Available The papers included in this collection are part of concerted project to develop a political economy of law in the contemporary global system. Over the past two decades, scholars have noted the expanding role of law, legal institutions, and legal agents that have been part of the process of “globalization,” and have employed a number of frameworks to make sense of this process of legalization. A central theme of our project is that none of these frameworks has provided an adequate political economic analysis of the creation, diffusion, and use of law, and we present an alternative approach to advance the understanding of the turn to law across the many dimensions and sectors of the global system. The papers advance the analysis behind this approach and explore the various ways in which law matters in a variety of areas, including global finance, corporate governance, copyright, diplomacy, and the provision of security. Their goal is to advance our understanding of how law intersects with the mobilization of power in the construction of the contemporary political economy. Los trabajos incluidos en esta colección son parte de un proyecto conjunto para desarrollar una economía política de la ley en el sistema mundial contemporáneo. En las últimas dos décadas, los expertos han señalado el creciente papel de la ley, las instituciones legales, y los agentes judiciales que han sido parte del proceso de "globalización", y han empleado una serie de marcos para dar sentido a este proceso de legalización. Un tema central de nuestro proyecto es que ninguno de estos marcos ha proporcionado un adecuado análisis económico político de la creación, difusión y uso de la ley, y se presenta un enfoque alternativo para avanzar en la comprensión de la vuelta a la ley a través de las muchas dimensiones y sectores del sistema global. Los trabajos avanzan el análisis de este enfoque y exploran las diversas formas en que la ley importa en una variedad

  4. Brazilian nuclear politics in the context of contemporary international relations

    International Nuclear Information System (INIS)

    Carpes, Mariana Montez

    2006-09-01

    The present dissertation analyses the retaking of the debate over Brazilian nuclear Program's recovery by Luis Inacio Lula da Silva government, based on the defense of the utilization of an already acquired technology of its own to enrich uranium. In spite of the intrinsic duality on this subject and having in mind the pacific ends concerning the utilization of such technology by Brazil, the hypothesis sustained in this work is that the Program's defense is considered a strategy of sovereign international insertion with relative autonomy and an instrument of national valorization against other powers. In order to verify the hypothesis outlined above, we will analyse the actual government, comparing it to, two other moments in Brazilian History in which the nuclear issue also acquired preponderance on the national agenda, namely, Geisel and Sarney governments. Although these three moments differ in relation to their internal political regime, our goal is to identify their similarities. (author)

  5. BOOK REVIEW - International Law and Child Soldiers by Gus Waschefort

    Directory of Open Access Journals (Sweden)

    Robbie Robinson

    2015-11-01

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

  6. 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

  7. Sexual violence in armed conflicts and modern international law

    NARCIS (Netherlands)

    Eboe-Osuji, C.G.

    2011-01-01

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

  8. The right to a fair appeal in international criminal law

    NARCIS (Netherlands)

    Djukic, Drazan

    2017-01-01

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

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

    African Journals Online (AJOL)

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

  10. Nnamdi Azikiwe University Journal of International Law and ...

    African Journals Online (AJOL)

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

  11. 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

  12. Politics or law: what is more in the approaches of public expert monopoly?

    Directory of Open Access Journals (Sweden)

    Оксана Михайлівна Калужна

    2018-03-01

    It is concluded that the model of judicial expert support of legal proceedings in Ukraine, that is established by «judicial reform» (Law No. 2147-VIII in the wording that will come into force on March 18, 2018 is a milestone in its historical development, which certainly should be modified depending on its effectiveness and the demand of the society, public, professional and state institutions. So public forensic expert monopoly is not an ideal model of forensic expert support of justice because of corporate and political interests, corruption component, abuse of forensic experts etc. Therefore, it will undergo a review and transformation.

  13. 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 ...

  14. 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.

  15. The international politics of climate engineering : A review and prospectus for international relations

    NARCIS (Netherlands)

    Horton, Joshua B.; Reynolds, Jesse

    2016-01-01

    Proposed large-scale intentional interventions in natural systems in order to counter climate change, typically called “climate engineering” or “geoengineering,” stand to dramatically alter the international politics of climate change and potentially much more. There is currently a significant and

  16. Engagement in the electoral processes: scaling laws and the role of political positions.

    Science.gov (United States)

    Mantovani, M C; Ribeiro, H V; Lenzi, E K; Picoli, S; Mendes, R S

    2013-08-01

    We report on a statistical analysis of the engagement in the electoral processes of all Brazilian cities by considering the number of party memberships and the number of candidates for mayor and councillor. By investigating the relationships between the number of party members and the population of voters, we have found that the functional forms of these relationships are well described by sublinear power laws (allometric scaling) surrounded by a multiplicative log-normal noise. We have observed that this pattern is quite similar to those we previously reported for the relationships between the number of candidates (mayor and councillor) and population of voters [Europhys. Lett. 96, 48001 (2011)], suggesting that similar universal laws may be ruling the engagement in the electoral processes. We also note that the power-law exponents display a clear hierarchy, where the more influential is the political position the smaller is the value of the exponent. We have also investigated the probability distributions of the number of candidates (mayor and councillor), party memberships, and voters. The results indicate that the most influential positions are characterized by distributions with very short tails, while less influential positions display an intermediate power-law decay before showing an exponential-like cutoff. We discuss the possibility that, in addition to the political power of the position, limitations in the number of available seats can also be connected with this changing of behavior. We further believe that our empirical findings point out to an under-representation effect, where the larger the city is, the larger are the obstacles for more individuals to become directly engaged in the electoral process.

  17. Land, law and politics in Africa : mediating conflict and reshaping the state

    NARCIS (Netherlands)

    Abbink, J.; Bruijn, de M.E.

    2011-01-01

    This volume, which is dedicated to the Dutch legal scholar Gerti Hesseling (1946-2009), examines issues of law, land dispute and conflict mediation in Africa. The focus is on how citizens, State institutions and concerned (inter)national actors attempt to find solutions to land disputes. The issues

  18. 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)

  19. The precautionary principle in international environmental law and international jurisprudence

    OpenAIRE

    Tubić, Bojan

    2014-01-01

    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 create...

  20. 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

  1. Protest Demonstrations, Political Partici

    African Journals Online (AJOL)

    DR Nneka

    2015-04-14

    Apr 14, 2015 ... the Era of Terrorism: Nigeria's Public Order Act and the ... Charter on Human and Peoples' Rights and other international laws. But owing to the .... little sense to limit analysis of political participation to voting and electoral.

  2. 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

  3. 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...

  4. 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...

  5. Can International Human Rights Law Help Restore Access to Justice for Disabled Workers?

    Directory of Open Access Journals (Sweden)

    Rupert Harwood

    2016-04-01

    Full Text Available The research literature indicates that legislative changes in recent years, including the introduction of tribunal fees, have made it harder for workers in general to enforce their rights under UK employment laws. Drawing on the author’s qualitative study, conducted in 2015 and with information from 265 participants, this paper finds that these legislative changes could be having disproportionate adverse impacts on disabled workers. Of particular note, fees had deterred substantial numbers from submitting discrimination claims; and it appeared that this reluctance to take legal action had in turn emboldened some employers to commit what might have been found to constitute unlawful acts if taken to tribunal. The paper goes onto consider whether these adverse impacts on disabled workers could render fees unlawful under UK and European equality and human rights law and/or could entail violations of rights under the United Nations Convention on the Rights of Persons with Disabilities. The paper concludes that the intent behind UK laws might (in relation to the lawfulness of fees have been frustrated in the domestic courts and that the impact of any future successes in the domestic courts, or under international law, might be dependent upon public opinion and political expediency. The paper also briefly compares developments in Britain with developments in neighbouring and other comparable jurisdictions.

  6. 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

  7. 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)

  8. French civil law aspects of international sales of oil

    International Nuclear Information System (INIS)

    Moquet, A.

    1992-01-01

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

  9. Does Studying Political Science Affect Civic Attitudes?: A Panel Comparison of Students of Politics, Law, and Mass Communication

    Science.gov (United States)

    Esaiasson, Peter; Persson, Mikael

    2014-01-01

    The article evaluates the civic implications of studying political science. Previous research has argued that learning rational choice models of political behavior could be detrimental to civic outcomes. However, results from our two panel surveys of students at Swedish universities show the opposite: studying political science has positive…

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

    Science.gov (United States)

    Gaggioli, Gloria

    2018-01-01

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

  11. Boycott or buycott?: Internal politics and consumer choices

    OpenAIRE

    Xavier Cuadras Morató; Josep M. Raya

    2014-01-01

    Do political tensions affect economic relations? In particular, does politics significantly affect consumer choices? Firms are often threatened by consumer boycotts that pretend to modify their business strategies and behavior. Sometimes these are caused by general political conflicts. The main objective of the paper is to study the consequences of political conflicts between Spain and Catalonia (a region of Spain) and the subsequent boycott calls on sales of Catalan sparkling ...

  12. The passage of tobacco control law 174 in Lebanon: reflections on the problem, policies and politics.

    Science.gov (United States)

    Nakkash, R T; Torossian, L; El Hajj, T; Khalil, J; Afifi, R A

    2018-06-01

    Progress in tobacco control policy making has occurred worldwide through advocacy campaigns involving multiple players- civil society groups, activists, academics, media and policymakers. The Framework Convention on Tobacco Control (FCTC)-the first ever global health treaty-outlines evidence-based tobacco control policies. Lebanon ratified the FCTC in 2005, but until 2011, tobacco control policies remained rudimentary and not evidence-based. Beginning in 2009, a concerted advocacy campaign was undertaken by a variety of stakeholders with the aim of accelerating the process of adopting a strong tobacco control policy. The campaign was successful, and Law 174 passed the Lebanese Parliament in August 2011. In this article, we analyse the policy making process that led to the adoption of Law 174 using Kingdon's model. The analysis relies on primary and secondary data sources including historical records of key governmental decisions, documentation of the activities of the concerted advocacy campaign and in-depth interviews with key stakeholders. We describe the opening of a window of opportunity as a result of the alignment of the problem, policy and politics streams. Furthermore, findings revealed that despite the challenge of persistent tobacco industry interference and established power relations between the industry, its allies and policymakers; policy entrepreneurs succeeded in supporting the alignment of the streams, and influencing the passage of the law. Kingdon's multiple stream approach was useful in explaining how tobacco control became an emerging policy issue at the front of the policy agenda in Lebanon.

  13. The principles and values of the social state of law as a legal and political framework for resolving conflicts

    International Nuclear Information System (INIS)

    Valencia Hernandez, Javier Gonzaga

    2008-01-01

    The social state of law is the legal politic framework proposed in the 1991 Constitution, in which Colombians expect to construct a new relationship with nature, based in principles and values such as life, prevalence of general interest over the individual, solidarity, protection of cultural and natural wealth, human dignity and civic participation. The environmental conflicts currently pose a new challenge for the jurists, given that for its comprehension, development and solution proposal it becomes necessary to have a general legal framework and rules of environmental law, as well as principles and values consecrated in the constitution and in other international instruments ratified by Colombia. The participation of an informed, trained and deliberative citizenship, in the resolution of environmental conflicts and in the decisions taken over the environment, will create a dynamic public opinion that will question governors, will manage jointly their own projects and will promote different values from those created from the consumer societies and the individual ownership in the actual states

  14. 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

  15. 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

  16. Intervention in National and Private Cyber Space and International Law

    OpenAIRE

    Wrange, Pål

    2013-01-01

    In international law discourse on cyber attacks, there has been much focus on the threshold for the use of force. Cyber attacks or intrusions which do not reach the threshold of the use of force have been held to be unproblematic. However, such intrusions -- including many measures amounting to cyber espionage or counter-terrorism -- will often constitute illegal interventions into the sovereignty of another state, or constitute violations of human rights.Unfortunately, states have not been v...

  17. Direct participation in hostilities under international humanitarian law

    Directory of Open Access Journals (Sweden)

    Alejandro Cometa

    2012-01-01

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

  18. Seeking Deliberation on the Unborn in International Law

    Directory of Open Access Journals (Sweden)

    SA de Freitas

    2011-08-01

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

  19. West German nuclear politics: a study of international cooperative behavior

    International Nuclear Information System (INIS)

    Driscoll, R.F.

    1983-01-01

    This dissertation is an investigation of the motivations behind West German policies and behavior in the area of nuclear politics. It examines and attempts to explain this behavior using a taxonomy built around the factors of vulnerability, power, domestic support, and autonomy. These are called international cooperative behavior factors. Chapters I and II develop the taxonomy and define the factors in terms of the Federal Republic. Chapter III covers the period up through the functioning of the Nuclear Planning Group, while Chapter IV analyzes NATO's December 1979 modernization decision. The presentation is less chronological and more selective: it focuses on the four international cooperative behavior factors as explanatory concepts. Chapter V examines the utility of the taxonomy. It concludes that the factors of autonomy, domestic support and vulnerability appear to be key in understanding and predicting West German nuclear behavior. The chapter then studies the potential applicability of the taxonomy to other nations or issues. It concludes that the factors are very nation-specific, but they do in fact provide a useful classification and explanatory scheme

  20. The political economy of international green certificate markets

    International Nuclear Information System (INIS)

    Soederholm, Patrik

    2008-01-01

    This paper analyzes the political economy of establishing bilateral trade in green certificate markets as one step towards harmonization of European green electricity support systems. We outline some of the economic principles of an integrated bilateral green certificates market, and then discuss a number of issues that are deemed to be critical for the effectiveness, stability and legitimacy of such a market. By drawing on some of the lessons of the fairly recent intentions to integrate a future green certificate market in Norway with the existing Swedish one, we highlight, exemplify and discuss some critical policy implementation and design issues. These include, for instance, the system's connection to climate policy targets, the role of other support schemes and the definition of what green electricity technologies should be included. Furthermore, the establishment of an international market presumes that the benefits of renewable power (e.g., its impacts on the environment, diversification of the power mix, self-sufficiency, etc.) are approached and valued from an international perspective rather than from a national one, thus implying lesser emphasis on, for instance, employment and regional development impacts. A bilateral green certificate system thus faces a number of important policy challenges, but at the same time it could provide important institutional learning effects that can be useful for future attempts aiming at achieving greater policy integration in the European renewable energy sector

  1. Maritime environmental penal law. International and German legislation

    International Nuclear Information System (INIS)

    Eller, Jan Frederik

    2017-01-01

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

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

    OpenAIRE

    Jakobsson, Niklas; Kotsadam, Andreas

    2013-01-01

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

  3. Implementation of Intellectual Property Law on the International Space Station

    Science.gov (United States)

    Mannix, John G.

    2002-01-01

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

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

    Science.gov (United States)

    Lines, Rick

    2008-01-01

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

  5. 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

  6. 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...

  7. 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...

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

    DEFF Research Database (Denmark)

    Steen, Ulla

    2014-01-01

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

  9. 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

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

    Science.gov (United States)

    Howie, Emily

    2018-02-01

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

  11. The International Thermonuclear Experimental Reactor (ITER) international organisation: which laws apply to this international nuclear operator?

    International Nuclear Information System (INIS)

    Grammatico-Vidal, L.

    2009-01-01

    ITER is being carried out by way of international collaboration between seven partners (the European atomic energy community -EURATOM-, China, India, Japan, Russia, south korea and the United states) which together represent more than half the world population. From a project organisation point of view, it is supported by both financial and in-kind contributions provided by each of the partner; each member makes its contribution through a special legal entity called a 'domestic agency' to an international organisation which was set up by the Agreement on the Establishment of an International Fusion Energy Organization for the joint Implementation of the ITER project signed in Paris on 21. november 2006 and which entered into force on 24. october 2007 after ratification by each of the partners. The international agreement is to remain in effect for a period of 35 years and may be renewed for a period of 10 years without any change to its content. It is supplemented by an agreement of the same date on the privileges and immunities of the organisation and of its staff. The function of the ITER organisation is to construct, commission, operate and permanently shutdown the ITER facility, to encourage their exploitation by laboratories, other institutions and personnel participating in the fusion energy research and development programmes of its members and to promote public understanding and acceptance of fusion energy. The unique institutional structure for this project will be described briefly in the introduction before analysing the law applicable to this international organisation, a French nuclear operator, unique in France today. (N.C.)

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

    Directory of Open Access Journals (Sweden)

    Rachael L. Johnstone

    2012-03-01

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

  13. International law implications of the detection of extraterrestrial intelligent signals

    Science.gov (United States)

    Kopal, Vladimir

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

  14. 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

  15. Problems and Progress in Defining Terrorism in International Law

    Directory of Open Access Journals (Sweden)

    Ridarson Galingging

    2012-02-01

    Full Text Available There is an effort to adopt an internationally-accepted legal definition for ‘terrorism’ since such definition will enhance international cooperation in fighting terrorism, which at the moment is fragmented and ineffective. However, various obstacles e.g. political heterogeneity or ideological discrepancy arise when seeking a uniformed definition of terrorism, hence this study. Dunia internasional berupaya untuk menetapkan definisi legal ‘terorisme’ yang diterima secara umum karena definisi ini dapat meningkatkan kerjasama internasional dalam melawan terorisme yang saat ini masih terkotak-kotak dan tidak efektif. Tulisan ini membahas pelbagai kesulitan yang muncul dalam upaya mencari definisi tersebut, seperti masalah keragaman politik dan kesenjangan ideologi antarnegara.

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

    Science.gov (United States)

    Cloatre, Emilie; Pickersgill, Martyn

    2014-10-02

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

  17. Centre for Political and

    African Journals Online (AJOL)

    user

    and definitions will be published and the data translated into the official ... The Centre provides a terminological and subject-related service to lecturers and ... postgraduate students in international politics, political studies and .... obtain financial contributions (cf. .... making of authoritative and enforceable rules (laws) for.

  18. Theorizing Religion as Politics in Postsecular International Relations

    NARCIS (Netherlands)

    Wilson, Erin

    2014-01-01

    This article reconsiders the political dimensions of religious activity in light of a supposedly emerging post-secular society. I argue that limited understandings of both religion and politics restrict the capacity of scholars and faith-based actors alike to perceive the signifi- cant influence

  19. The Law and Economics of International Cooperation Against Maritime Piracy

    OpenAIRE

    Paul Hallwood; Thomas J. Miceli

    2011-01-01

    Article 100 of the U.N. Convention on the Law of the Sea requires signatories to “cooperate” against maritime piracy, but “cooperate” is undefined. Enforcement is a public good – creating uncompensated benefits for others, so suffering from free-rider problems. Our analysis readily explains why more pirates captured are released than prosecuted; why the U.N. and International Maritime Organization are seeking to reduce enforcement costs; why some in the shipping industry want to apply the 198...

  20. Workplace bullying and harassment new developments in international law

    CERN Document Server

    Pinkos Cobb, Ellen

    2017-01-01

    Workplace Bullying and Harassment: New Developments in International Law provides a comprehensive tour around the globe, summarizing relevant legislation and key developments in workplace bullying, harassment, sexual harassment, discrimination, violence, and stress in over 50 countries in Europe, the Asia Pacific region, the Americas region, and the Middle East and Africa. Workplace bullying, harassment, and other psychological workplace hazards are becoming increasingly acknowledged and legislated against in the modern work world. The costs of bullying, harassment, violence, discrimination, and stress at work are huge and far-reaching. Frequently under-reported and misunderstood, workplace bullying, harassment, violence, discrimination, and stress wreak havoc on the vitality and prosperity of organizations and individuals alike.

  1. Energy - politics - history. National and international energy politics since 1945; Energie - Politik - Geschichte. Nationale und internationle Energiepolitik seit 1945

    Energy Technology Data Exchange (ETDEWEB)

    Hohensee, J. [ed.; Salewski, M. [ed.

    1993-12-31

    All articles focus on historical aspects of the development of energy politics in the Federal Republic of Germany (energy enconomy and industry, hard coal, nuclear energy). Some articles also look at international developments (oil boycott, Saudia Arabias`s oil policies, International Energy Agency). (UA) [Deutsch] Im Vordergrund der Beitraege stehen historische Aspekte der Entwicklung der Energiepolitik in der Bundesrepublik Deutschland (Energiewirtschaft, Steinkohle, Kernenergie), einige Arbeiten werfen auch einen Blick auf internationale Entwicklungen (Oelboykott, Erdoelpolitik Saudi-Arabiens, Internationale Energie-Agentur). (UA)

  2. Nuclear law in Morocco: national and international aspects

    International Nuclear Information System (INIS)

    Nabil, M.

    2004-01-01

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

  3. Philippine Technocracy and the Politics of Economic Decision Making During the Martial Law Period (1972-1986

    Directory of Open Access Journals (Sweden)

    Teresa E. Encarnacion Tadem

    2013-12-01

    Full Text Available This paper seeks to elucidate the Philippine technocracy’s rise into the power elite as well as its fall from position during the martial law period (1972- 1986. It aims to bring in the insights of the technocrats concerning their role in President Ferdinand E. Marcos’s authoritarian regime and their views of the nature of the politics, which facilitated as well as impeded the economic decision-making process. It will validate this with what has already been written. The paper argues that the technocracy’s technical expertise and shared development vision with the leadership and the country’s major donors, the International Monetary Fund (IMF and the World Bank, provided their power base.This was, however, continually challenged by the other economic power blocs which consisted mainly of factions within the technocracy, the Marcos cronies, and that of the First Lady Mrs. Imelda Marcos. For as long as the technocracy could access the needed IMF/World Bank loans for the country, the leadership gave it substantive bargaining leverage. This, however, would deteriorate with the country’s economic and political instability as brought about by failed technocratic policies and worldwide economic recession in 1981 and the burgeoning antidictatorship movement spawned further by the 1983 assassination of ex-Senator Benigno Aquino Jr. The technocracy’s loss of power was further aggravated by Marcos’s failing health giving more clout to Mrs. Marcos’s power bloc. What contributed to the technocracy’s ultimate demise was their alienation from the general public as brought about by their vast differing perceptions of the causes of corruption, underdevelopment, and human rights abuses of the regime.

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

    Science.gov (United States)

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

    2016-04-16

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

  5. University Students' Views on Political Influences and the Status of Law in Post-Reform China: A Moderation and Mediation Analysis.

    Science.gov (United States)

    Jiang, Guoping; Lo, T Wing

    2016-07-01

    Scholars categorize societies into "rule of man" societies, "rule by law" societies, and "rule of law" societies on the basis of a status of law. After 1978, China's leaders invoked law as an alternative to the arbitrariness of the Cultural Revolution. In this study, we used quantitative methods to explore university students' views on the status of law in post-reform China. Surveys were conducted in three national universities located in different regions of China. Responses from university students show that their perceptions of well-developed legislation and perceptions of the publicity of law are associated with their perceptions of equality before the law, which could be the consequence of a "rule of law" system. However, the study found that university students are of the view that the political nature of legislation and interference in law enforcement moderate the relationship between legislation and equality before the law. The political nature of legislation also moderates the mediation effect of interference in law enforcement between law publicity and equality before the law. As such, the article concludes that although university students are no longer primary movers in China's social and political development after the Tiananmen incident, they are still knowledgeable if not critical about the status of law and its political implications. © The Author(s) 2015.

  6. 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.

  7. Stimulation of investment in international energy through Nigerian tax exemption laws

    International Nuclear Information System (INIS)

    Osimiri, U.J.

    2002-01-01

    This article assesses the impact of recent tax exemption legislation as a vehicle for the attraction of investment in the quest for the development of international energy in Nigeria, particularly oil and gas. It seeks to argue that generous tax incentives are the most successful method of inducement of foreign investors, judging from the rising profile in the expansion of investment in the gas sector and the attendant increase in world trade. It attempts to assert that tax incentives alone, without the combination of other favourable factors, like political stability, observance of the rule of law and deregulation or trade liberalisation, cannot produce the desired result of local industrialisation and integration into the world economy. (author)

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

    Directory of Open Access Journals (Sweden)

    Johan D van der Vyver

    2015-12-01

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

  9. 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...

  10. 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

  11. 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

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

    NARCIS (Netherlands)

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

    2013-01-01

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

  13. 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…

  14. 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

  15. The behaviour of international firms in socio-political environments in the European Union

    NARCIS (Netherlands)

    Hadjikhani, A; Ghauri, PN

    Most of the earlier studies on international business ignore the influence of the political actors and the environment on the internationalisation of the firm. The focus of this study is on the interaction between business and political actors and the main question deals with how firms standing in

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

    OpenAIRE

    Grigaitė, Gabija

    2012-01-01

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

  17. 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.

  18. Book review of Teaching Politics and International Relations

    Directory of Open Access Journals (Sweden)

    Alexandra Mihai

    2014-11-01

    Full Text Available A valuable state-of-the-discipline overview and a handbook for academics at all stages in their career. The collection aims to contribute to enriching the Politics curriculum design and to encourage the adoption of innovative pedagogical techniques.

  19. The political abuse of international health system comparisons.

    Science.gov (United States)

    Ehlke, Daniel

    2011-07-01

    Though the science of medicine subscribes to learning from best practices and the transmission of superior treatment regimens across national boundaries, the same ethos does not inform political debates surrounding health system reform. The Canadian and English health systems have been used - and, more frequently - abused by American politicians in their quest to support their own model of reform, or preserve the status quo.

  20. Contradictions of international migration in terms of political economy

    Directory of Open Access Journals (Sweden)

    Josifidis Kosta

    2016-01-01

    Full Text Available The political economy approach that entails critical arguments in relation to the processes of migration in neoliberal terms is developed in the paper. Starting with the account that migration covers as broad issues as politics, economics and population dynamic, the authors address the issue of migration in the political economy circuits of neoliberalization. In fact, the main line of argument is connected to the political economy as the relevant discursive frame and explanatory principle for the articulation of the complexity of migration. Critical arguments relating to the processes of migration in the neoliberal context thematize the mechanism of implemented flexibilisation and deregulation of labor. Demographic dynamics is essential in this context, but the authors intend to identify those political economy processes that lead to high precariousness, to various forms of temporary labor which are closely associated with forced labor forms. The category of forced labor is emphasized in the contemporary forms of migration, because this mode of labor facilitates the migration throughout the world. Furthermore, the authors point out the contradictory position of the state in relation to the migration-processes and analyse the authoritarian statism. This argumentation leads to articulation of the contradictory position of neoliberalization. The neoliberal discourses bring out the critical stance concerning the supremacy of the state, but it plays a key role in the regulation of migration. The state exposed to migration is faced with the contradictory demands. The globalization indicates the world without borders but is faced with the same contradictions. It is no coincidence that the intention of the reconceptualizations of globalization are interested in promoting global public goods. The processes of privatization in the sphere of the regulation of migration sharpen the contradictions of migration in the context of neoliberalization. The

  1. Building a Political Settlement: The International Approach to Kenya’s 2008 Post-Election Crisis

    Directory of Open Access Journals (Sweden)

    Karuti Kanyinga

    2013-07-01

    Full Text Available This paper presents findings from an empirical study of the 2008 Kenyan crisis, aimed at exploring the role and effectiveness of the international development and diplomatic communities’ response. This response involved working to ameliorate the fragile political environment that followed the disputed 2007 elections. Thus, this case study was selected as an archetype to demonstrate how international actors can work cooperatively on political settlements. The key objective of this research is to analyse and share lessons about how those international actors present in Kenya engaged with the evolving political settlement to address the conflict. This study draws upon evolving political economy and political settlement debates in its analysis and uses the Organisation for Economic Co-operation and Development’s (OECD Fragile States Principles as a framework. Adopting such an analytical lens encourages examination of the multiple, context-specific underlying dynamics that influenced the role of international actors during this period of political transition. It also enables a study of the operational factors facing external actors when they attempt to work more politically, and recognition of how carefully these actors need to use the limited role they have in shaping the internal institutional arrangements and dynamics of the countries within which they work. The study’s main findings indicate that in the 2008 post-election period the international development and diplomatic communities collectively commanded substantive influence over the nature and trajectory of Kenya’s evolving political settlement. It argues that these actors enhanced their influence over many important political issues principally as a result of applying good practice in fragile situations: understanding the context, adopting a unified and legitimate stance, coordinating and collaborating closely and acting fast to prevent conflict. They also laid the foundations for

  2. 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.

  3. 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

  4. 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

  5. Personality disorders and criminal law: an international perspective.

    Science.gov (United States)

    Sparr, Landy F

    2009-01-01

    At the International War Crimes Tribunal for the Former Yugoslavia (ICTY), a detention camp guard, charged with acts of murder and torture, advanced a plea of diminished responsibility. Defense psychiatrists testified that he had a personality disorder that influenced his ability to control his behavior, but a prosecution expert testified that the guard did not meet Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Text Revision (DSM-IV-TR) criteria. Thus, the unresolved question of how the law defines a mental disease or defect for purposes of mitigation or excuse was transposed to an international setting. It has been argued in a variety of jurisdictions and national legal systems that exculpatory mental disorders must be serious, and personality disorders should not qualify. In fact, it has been proposed that the volitional aspect of excuse defenses be eliminated, and definitions of mental disease or defect narrowed. Others have argued that such exclusions are too restrictive and arbitrary. This article examines the criminal defense at ICTY and traces its origin in national jurisdictions. Mental incapacity defenses based on personality disorders are more often used in The Netherlands, England, Germany and Belgium, but seldom in Canada and rarely in the United States and Sweden.

  6. Reviewing the National Courts in Creating Orderly International Law and Community

    Directory of Open Access Journals (Sweden)

    Johanis Leatemia

    2017-08-01

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

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

    Directory of Open Access Journals (Sweden)

    Luciane Klein Vieira

    2016-06-01

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

  8. O poder político na energia e relações internacionais: o difícil equilíbrio entre o direito e a busca de segurança do Estado brasileiro The power politics in the energy and international relations: the hard balance between the law and search of brazilian State security

    Directory of Open Access Journals (Sweden)

    José Alexandre Altahyde Hage

    2008-01-01

    Full Text Available Neste artigo se tem a intenção de analisar algumas questões de política internacional que envolve temas energéticos. Tem-se em conta que as grandes potências dedicam grandes esforços para obter segurança energética por meio de políticas e planejamento estratégico condizente com a situação de conflito e disputa que o assunto provoca. Por conseguinte, o texto procura avaliar se, efetivamente, o Brasil também tem planos e estratégia coerente para dar cabo das questões mais importantes do sistema internacional que toca, inclusive, aos assuntos energéticos.This paper intents to show some international politics questions in the energetic themes. We have in mind the great powers have strong policy to have energetic security liked to situation from conflict and dispute by energetic goods because they have strategic and plans of actions. Then, we have the same intent to show if, effectively, Brazil has equal strategy of it energetic security. Nowadays, energy issues are part of international system problems. In this fact the theme claims more observations and research to understand some questions from them.

  9. 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...

  10. The security of supply and the international political problems

    International Nuclear Information System (INIS)

    Petit, A.

    1981-01-01

    The paper deals with the problem of security of supply of electronuclear programs, especially under their political aspects. After a brief summary of the main historical events related to the subject: post-war position, Non Proliferation Treaty signature, London guidelines etc., the author underlines the fact that up to now, four countries only have been completely independent for their supplies. The elements of such independence are recalled as well as the special viewpoints of developing countries on the one hand, industrialized countries on the other hand. The final part analyses the means of reestablishing or reinforcing this security of supply. The classical commercial aspects such as preference for domestic producers, diversification of supplies and stockpiling are dealt with as well as with aspects more specific to nuclear energy, a technical one such as the possibility of developing breeders, and political ones, such as freedom to reexport, freedom to use imported materials in the frame of peaceful uses. (AF)

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

    Directory of Open Access Journals (Sweden)

    Amaya Álvez Marín

    2017-08-01

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

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

    OpenAIRE

    DUPUY, Pierre-Marie

    2007-01-01

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

  13. 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 ...

  14. INTEGRATED APPROACHES TO GEOPOLITICS AND RISKS IN INTERNATIONAL POLITICS

    OpenAIRE

    Dr. Sheriff Ghali Ibrahim; Dr. Iro Uke

    2016-01-01

    The paper examines the nature and impact of geopolitics on the global oil and gas business. It shows the relationship between politics and what nature provides such as oil and gas and the interplay between and among nations, people and institutions within the framework of geopolitics. The paper adopts the secondary methodology in order to investigate the risks (impact) attached to geopolitics. Findings show that, the concept of geopolitics is so versatile and multidimensional, enveloped by a ...

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

    Directory of Open Access Journals (Sweden)

    A. Korzhevskaya

    2014-01-01

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

  16. Political Socialization in an International City: The Case of Atlanta.

    Science.gov (United States)

    Masters, Paul E., Jr.

    1984-01-01

    Original survey data dealing with the attitudes about international relations of secondary students in the metropolitan Atlanta, Georgia, area are analyzed. Student opinions were measured in three areas: (1) international interest, knowledge, and information sources; (2) international conflict and the balance of power; and (3) international…

  17. Conceptualising International Peace Mediation - Bring Back the Law

    OpenAIRE

    Higgins, Noelle; Daly, Brenda

    2011-01-01

    Mediation has been acknowledged and utilised for a number of decades as an effective method of alternative dispute resolution in a variety of areas of law, including family law, commercial law and medical law. A uniform, standardised framework exists within legal discourse which clearly identifies and categorises three main styles of mediation as facilitative, evaluative and transformative mediation. In the post-Cold War period, mediation has also emerged as an important resolution tool in ar...

  18. The Use of Force in Modern Counter-Terrorism: International Legal and Political Aspects

    Directory of Open Access Journals (Sweden)

    Elizaveta Sergeevna Gromoglasova

    2016-12-01

    Full Text Available The paper reviews the recent practice of the use of military force in extraterritorial counter-terrorist operations. It argues that nowadays we're witnessing a new stage in the 'war on terror' that's still going on. Although the most of the modern counter-terrorist operations like, for example, the US-led coalition against ISIL in Iraq are being conducted at the request of the affected government, the major risks of expanding and misuse of the right on individual or collective self-defense enshrined in the UN Charter are still present. This can be illustrated by reference to the US air strikes on ISIL in Syria that have been undertaken without consent of Syrian government. But the challenges emerging from 'failed states' and rise of new more radical and militant terrorist movements (ISIL, Ash-Shabaab, Boko Haram and others change the perceptions of legality of extraterritorial counter-terrorist force. The approach which reaffirms responsibility of the state for suppressing terrorist groups operating from within its territory seems to become more and more acceptable. Accordingly, if the state can't suppress terrorist activity it should accept the counter-terrorist intervention on its territory. Nevertheless, jus in bello norms (first of all international humanitarian law remain stringent legal framework for actual use of counter-terrorist military force. The paper concludes that overall political legitimacy of the modern military counter-terrorist operations should be accessed in terms of their humanitarian impact and consequences.

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

    International Nuclear Information System (INIS)

    Meherremov, A.A.

    2007-01-01

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

  20. 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

  1. Political economy of African uranium and its role in international markets. Final report. International energy studies program

    International Nuclear Information System (INIS)

    Lynch, M.C.; Neff, T.L.

    1982-03-01

    The history of uranium development in Africa is briefly summarized. Today there are 4 major uranium producing countries in Africa: Gabon, Niger, Namibia, and South Africa. These nations have the possibility of political instability. In addition, the uranium market has undergone a series of radical changes over the past decade. How these African nations have responded to this changing market, and how their roles in the international market relate to domestic political and economic factors are the topics of this report

  2. A multilateral tax treaty: designing an instrument to modernise international tax law

    OpenAIRE

    Broekhuijsen, D.M.

    2017-01-01

    In this book, the author addresses the legal and political aspects of a multilateral tax treaty that fundamentally transforms the way states cooperate in the field of international taxation. Working from a normative and pragmatic view on international tax relations, he proposes a management-focused approach to multilateral cooperation in international taxation. The resulting managerial framework treaty is drawn up on the basis of insights from political science and legal philosophy and is ill...

  3. Universal Jurisdiction between Unity and Fragmentation of International Criminal Law

    Directory of Open Access Journals (Sweden)

    Pasculli Maria Antonella

    2011-04-01

    Full Text Available This paper represents the outcome of research fellowship Marie Curie at the Universiteit Leiden -Campud Den Haag Grotius, Centre for International Legal Studies (prof. C. Stahn and prof. Larissa van den Herik, supervisors on the topic "The Fragmentation and the Diversification of International Criminal Law in a Global Society”.In my paper I will examine the question of whether Universal Jurisdiction (UJ leads to unity or fragmentation within International Criminal Law (ICL. Given that there is already quite a lot of literature on UJ, it is important to focus the research on the issue of fragmentation and/or unity rather than to deal with the issue of UJ more generally. I will focus on this topic in sections 1 and 2, explaining some cursory remarks to these issues in my analysis on fragmentation. In the introduction, I will briefly introduce UJ as a controversial form of jurisdiction, but still necessary given that territorial jurisdiction does not always function well in the case of international crime. I will demonstrate that many state parties to the International Criminal Court (ICC Statute have vested or reconfirmed UJ for the core crimes when implementing the ICC Statute. The leading question of my research is whether this practice has led or has the potential to lead to unity or rather to fragmentation within ICL. In the research I will approach this question from different perspectives.In section 1 I will examine how State parties have may actually enacted universal jurisdiction for the core crimes, with a view to determining whether there is indeed some unity on this front or whether the practice on this matter is actually rather diverse (or fragmented. Subsequently, I will analyse which conditions States have formulated for the exercise of UJ, and whether this practice is consistent (unity or again rather diverse (fragmentation. It might also be interesting to see whether States have different conditions for UJ over core crimes than

  4. Politics and economics to shape international oil and gas activity

    International Nuclear Information System (INIS)

    Anon.

    1992-01-01

    This paper reports that political and economic events play unusually strong roles in shaping worldwide oil and gas activity levels this year. Developments in the former U.S.S.R. will be critical. As the now-independent republics adopt new economic systems, production and demand patterns will change, as will exports from what has been the world's leading oil producer. Changing conditions in the Middle East among members of the Organization of Petroleum Exporting countries also will affect the industry in the year following the brief Persian Gulf war. Unless worldwide demand surges unexpectedly, these substantial additions to supply will tend to weaken oil prices in 1992

  5. 32 CFR 635.15 - Release of law enforcement information furnished by foreign governments or international...

    Science.gov (United States)

    2010-07-01

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

  6. Oromia Law Journal

    African Journals Online (AJOL)

    The Oromia Law Journal covers articles, book reviews, legislative and case comments related to legal, economic, political and social issues arising in relation to Oromia, Ethiopian, and other related International Laws. As such, the journal has two audiences-primary and secondary. The primary ones are legal professionals ...

  7. Law and taxation in the construction of an internal frontier in the kingdom of Aragon (Ribagorza 1250-1300

    Directory of Open Access Journals (Sweden)

    Guillermo Tomás Faci

    2011-12-01

    Full Text Available Until the middle of the 13th century, the border which divided Aragon from Catalonia was as vague as their respective political identities. However, in the last decades of that century both countries became differentiated administrative structures, as a result of development of state power of the Crown of Aragon’s kings, and of its characteristic territorial organisation; the natural consequence was that the previously non-existent internal frontier came about gradually. The insertion of Ribagorza on one side of the new border caused disagreements, not just among the Catalan and Aragonese political elites, but also among the local social forces. The purpose of this article is to explain that the conflicting interests of those groups on such issues as written law or extraordinary taxation were the key to the conflict.

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

    NARCIS (Netherlands)

    Riley, Stephen

    2016-01-01

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

  9. VALIDATION OF THE DERIVED LAW NORM IN THE EUROPEAN AND INTERNATIONAL LAW

    Directory of Open Access Journals (Sweden)

    Alina Leția

    2013-11-01

    Full Text Available Throughout realizing the study we analyzed the validity of the European law norm resulting from the derived sources of law with obligatory force (regulations, decisions and directives in connection with the European law norm, the national law norm and the general principles of law considering the jurisprudence of the European Court of Justice and the supremacy of the European Union law also over national constitutions. Thus the European Union represents a new law order, having as subjects not only states member, but also the nationals of these states, who benefit of rights that can be appealed before national courts against public organisms or other private persons and obligations. Therefore, the European Court of Justice has successively imposed the direct applicability of community norms, continuing with the priority of these norms so that in the end the principle of the supremacy of the European law has been adopted. The European norm has to be respected and interpreted in a uniform manner in all states member, considering the fact that the supremacy of the European law over the national law is seen as a sine qua non of the integration, but also a fundamental principle of the Union. National courts guarantee the supremacy of the European norm and its unitary application – aspects analyzed in this study- through the procedure of preliminary decisions.

  10. Non-competitive interests are no competition for "Market Europe": does EU competition law hamper civil society's political rights?

    NARCIS (Netherlands)

    Gerbrandy, A.|info:eu-repo/dai/nl/268634823; Fransen, R.

    2016-01-01

    In the recent decade, private firms have increasingly undertaken quasi-governmental activities. This is true for cooperation between international corporations, but also for various national initiatives of inter-firm cooperation. Firms thus seem to have assumed quasi-political responsibilities and

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

    Science.gov (United States)

    Perlin, Michael L

    2014-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Syed Serajul Islam

    2007-06-01

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

  13. 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...

  14. Trade and the distributional politics of international labour standards

    OpenAIRE

    Oslington, Paul

    2005-01-01

    This paper constructs a simple general equilibrium model of the trade and distributional effects of spreading advanced country international labour standards to developing countries. Labour standards (including minimum safety requirements, prohibition of prison and child labour, and rights to unionise) are represented as a floor to the cost of employing labour. The model shows how the spread of standards affects the terms of trade and pattern of international specialisation, and can shift ...

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

    NARCIS (Netherlands)

    Karavias, M.

    2015-01-01

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

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

    Czech Academy of Sciences Publication Activity Database

    Šturma, Pavel

    2016-01-01

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

  17. 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

  18. Political Efficacy and Participation of Nurse Practitioners.

    Science.gov (United States)

    O'Rourke, Nancy C; Crawford, Sybil L; Morris, Nancy S; Pulcini, Joyce

    2017-08-01

    Twenty-eight states have laws and regulations limiting the ability of nurse practitioners (NPs) to practice to the full extent of their education and training, thereby preventing patients from fully accessing NP services. Revisions to state laws and regulations require NPs to engage in the political process. Understanding the political engagement of NPs may facilitate the efforts of nurse leaders and nursing organizations to promote change in state rules and regulations. The purpose of this study was to describe the political efficacy and political participation of U.S. NPs and gain insight into factors associated with political interest and engagement. In the fall of 2015, we mailed a survey to 2,020 NPs randomly chosen from the American Academy of Nurse Practitioners' database and 632 responded (31% response rate). Participants completed the Trust in Government (external political efficacy) and the Political Efficacy (internal political efficacy) scales, and a demographic form. Overall, NPs have low political efficacy. Older age ( p≤.001), health policy mentoring ( p≤.001), and specific education on health policy ( p≤.001) were all positively associated with internal political efficacy and political participation. External political efficacy was not significantly associated with any of the study variables. Political activities of NPs are largely limited to voting and contacting legislators. Identifying factors that engage NPs in grassroots political activities and the broader political arena is warranted, particularly with current initiatives to make changes to state laws and regulations that limit their practice.

  19. 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.

  20. EU Overriding Mandatory Law and the Applicable Law on the Substance in International Commercial Arbitration

    NARCIS (Netherlands)

    X.E. Kramer (Xandra)

    2017-01-01

    markdownabstractThe position of mandatory law and public policy in arbitration has been extensively discussed for quite a number of years, however, there is little consensus on the role of arbitral tribunal in applying EU overriding mandatory law. At the same time, it is clear that (overriding)

  1. Building a "National Civilization" at Home and Abroad: International Students and Changing U.S. Political Economy

    Science.gov (United States)

    Aw, Fanta

    2011-01-01

    The research study examines the relationship of international students to changing U.S. political economy. The research attempts to move international students from the periphery to the center of understanding the changing U.S. political economy in the twenty-first century. I argue that international students play an important role in building a…

  2. Planes, Politics and Oral Proficiency: Testing International Air Traffic Controllers

    Science.gov (United States)

    Moder, Carol Lynn; Halleck, Gene B.

    2009-01-01

    This study investigates the variation in oral proficiency demonstrated by 14 Air Traffic Controllers across two types of testing tasks: work-related radio telephony-based tasks and non-specific English tasks on aviation topics. Their performance was compared statistically in terms of level ratings on the International Civil Aviation Organization…

  3. International Security Institutions, Domestic Politics, and Institutional Legitimacy

    Science.gov (United States)

    Chapman, Terrence L.

    2007-01-01

    Scholars have devoted considerable attention to the informational role of international institutions. However, several questions about the informational aspects of institutional behavior remain underexplored: What determines how audiences respond to institutional decisions? Through what channels does information provision affect foreign policy? To…

  4. Can decentralisation contribute to promoting rule-of-law structures ...

    African Journals Online (AJOL)

    Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese ... a country's population to exercise political influence at regional and local level. ... In addition, it raises questions regarding the effect of instruments of international law on ...

  5. The right to vote of persons with disabilities and, specially, of persons with mental and intellectual disabilities in public international law. Its reception in Spain

    Directory of Open Access Journals (Sweden)

    Víctor Carlos Pascual Planchuelo

    2016-12-01

    Full Text Available This study describes the different international treaties and instruments, at universal and regional levels, that protect –directly or indirectly- the right to political participation and the right to vote of all persons with all kind of disabilities. Specifically, the United Nations Convention on the Rights of Persons with Disabilities (2006 brings a change in the framework on disability, by proclaiming their right to political participation, and recognizing their legal capacity in equal conditions to the rest of the people. The consequence of this analysis is that Spain must guarantee the right to vote of all persons with disabilities regardless the type of disability (physical, intellectual, mental o sensory, being necessary the adaptation of its domestic laws to international engagements and obligations; therefore, the Spanish authorities are obliged to remove or reform of the article 3 of Electoral General Organic Law.

  6. 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

  7. 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.

  8. International Framework and Japan’s Pursuit of Being A Major Political Power

    Directory of Open Access Journals (Sweden)

    Meng Xiaoxu

    2016-12-01

    Full Text Available The boom of post-war Japan is deeply affected by the international framework when choosing the development path of the state. The bipolar architecture of the Cold War has made Japan a sovereign state again with the support of the United States. Within the Cold War framework, Japan has come up with the goal of being a political power based on its economic strength. After the end of Cold War, multipolar architecture has become the main trend in the world, and Japan has regarded this trend as its opportunity to realize its political dream, expecting to be more involved in world affairs as well as taking responsibilities within the international order and economic system. Meanwhile, Japan has also made a breakthrough within military power and used this to become a political power. Entering the 21st century, the multipolar architecture has deepened, while emerging nations have risen sharply collectively. Japan has speeded up the process of pursuing a political path accordingly, enhancing its leadership and influence in the regional economy, revising peace constitution to breakthrough military shackles, playing a role in counter-terrorism affairs and international organizations, thus making its dream of being a political power come true. Nevertheless, Japan has faced obstacles both at home and abroad.

  9. Political priority of global oral health: an analysis of reasons for international neglect.

    Science.gov (United States)

    Benzian, Habib; Hobdell, Martin; Holmgren, Christopher; Yee, Robert; Monse, Bella; Barnard, Johannes T; van Palenstein Helderman, Wim

    2011-06-01

    Global Oral Health suffers from a lack of political attention, particularly in low- and middle-income countries. This paper analyses the reasons for this political neglect through the lens of four areas of political power: the power of the ideas, the power of the issue, the power of the actors, and the power of the political context (using a modified Political Power Framework by Shiffman and Smith. Lancet370 [2007] 1370). The analysis reveals that political priority for global oral health is low, resulting from a set of complex issues deeply rooted in the current global oral health sector, its stakeholders and their remit, the lack of coherence and coalescence; as well as the lack of agreement on the problem, its portrayal and possible solutions. The shortcomings and weaknesses demonstrated in the analysis range from rather basic matters, such as defining the issue in an agreed way, to complex and multi-levelled issues concerning appropriate data collection and agreement on adequate solutions. The political priority of Global Oral Health can only be improved by addressing the underlying reasons that resulted in the wide disconnection between the international health discourse and the small sector of Global Oral Health. We hope that this analysis may serve as a starting point for a long overdue, broad and candid international analysis of political, social, cultural, communication, financial and other factors related to better prioritisation of oral health. Without such an analysis and the resulting concerted action the inequities in Global Oral Health will grow and increasingly impact on health systems, development and, most importantly, human lives. © 2011 FDI World Dental Federation.

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

    National Research Council Canada - National Science Library

    Boelaert-Suominen, Sonja

    2000-01-01

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

  11. Industrial Unions, Politics and International Change, 1935-1955

    OpenAIRE

    Pindur, Marcus

    2010-01-01

    The CIO unions in the years between 1935 and 1955 oftentimes followed the lines of the administrations' foreign policy but did so with a decided and frank formulation of their enlightened self-interest. This is the main result of the author's research. Other than the revisionist studies of the 60s, 70s and 80s, he stresses the positive results of the CIO's involvement in and reaction to the rapid and deep national and international change in the New Deal era and it's immediate aftermath. Revi...

  12. Protection of the Children in Armed Conflicts (Approaches of International Law and Islamic Law

    Directory of Open Access Journals (Sweden)

    Seyed Mostafa Mirmohammadi

    2007-11-01

    Full Text Available The inauspicious phenomenon of war violates and threatens all rights of the children including right to life, right to live in the family, right to health, right to progress and right to education. According to the recent reports of the international organizations, forced conscription and direct involvement of the children in the conflicts, killing and disabling them, attack on the schools and hospitals, kidnapping, child sexual exploitation, and depriving them of access to humanitarian reliefs are six cases of violence which are committed against the children in armed conflicts. The present article is an attempt to comparatively study the Islamic approach and international approach to protection of children in armed conflicts in the light of the recent reports. The Islamic law and the international law both have general and special provisions for the protection of children. Children’s interests are protected in the reduction of big and small weapons. پدیده نامیمون جنگ همه حقوق کودکان از جمله حق حیات، حق زندگی در کنار خانواده، حق بهداشت، حق پیشرفت و تحصیل کودکان را نقض و تهدید می‌کند. مطابق گزارش‌های جدید مجامع بین‌المللی، سربازگیری اجباری و مشارکت دادن مستقیم کودکان در درگیری‌ها، کشتن و نقص عضو ، هجوم به مدارس و بیمارستان‌ها، ربودن، تجاوز و خشونت جنسی و محروم کردن از دسترسی به کمک‌های انسان دوستانه، شش مورد از خشونت‌هایی است که در درگیری‌های مسلحانه علیه کودکان اعمال می‌شود. مقاله حاضر با ملاحظه گزارش‌های جدید و در یک مطالعه تطبیقی طی سه گفتار، رهیافت‌های بین‌المللی و اسلامی حمایت از

  13. The Role of International Law: Formulating International Legal Instruments and Creating International Institutions.

    Science.gov (United States)

    Szasz, Paul C.

    1991-01-01

    Using as a basis the threat of climatic change resulting from global warming, this article considers the functions that might be assigned to an international regime. For each function individually and collectively, the instruments and institutions that would be required for the various processes are examined. (SLD)

  14. Regulation of international energy markets: Economic effects of political actions

    Science.gov (United States)

    Shcherbakova, Anastasia V.

    Recent increases in volatility of energy prices have led many governments to reevaluate their regard of national energy reserves and reconsider future exploration, production, and consumption patterns. The flurry of activity that has been generated by such price volatility has included large-scale nationalizations of energy sectors, unilateral renegotiations of foreign energy development contracts, and expropriations of resources from foreign energy firms on one hand, and on the other hand more rapid energy sector liberalization, intensified search for and development of renewable fuels and technologies, and development of incentives for increased energy efficiency and conservation. The aim of this dissertation is to examine and quantify the extent of positive and negative effects that have resulted from some of these activities. The first chapter focuses on quantifying the effect that nationalistic sentiment has had on economic attractiveness of energy sectors during the decade prior to the recent global economic crisis, as measured by foreign direct investment (FDI) inflows. Empirical results demonstrate that both political and economic conditions play an important role in investors' decisions. A combination of investment friendliness, corruption levels, and democracy all help to explain the trends in energy-sector investment levels over time in my sample countries, although differences in the types of corruption existing in these nations do not. Investment levels, in turn, appear to influence future levels of oil production, underscoring the significance of good investment policies for future success of energy sectors. Chapter two considers the response of energy stock prices to severe regulatory actions. It employs an event study framework to examine causal effects of critical informational announcements (i.e. events of expropriation and nationalization) on daily returns and cumulative losses in firm value of energy corporations. Results show that a firm

  15. Not Just About the Science: Cold War Politics and the International Indian Ocean Expedition

    Science.gov (United States)

    Harper, K.

    2016-12-01

    The International Indian Ocean Expedition broke ground for a series of multi-national oceanographic expeditions starting in the late 1950s. In and of itself, it would have been historically significant—like the International Geophysical Year (1957-58)—for pulling together the international scientific community during the Cold War. However, US support for this and follow-on Indian Ocean expeditions were not just about the science; they were also about diplomacy, specifically efforts to bring non-aligned India into the US political orbit and out of the clutches of its Cold War enemy, the Soviet Union. This paper examines the behind-the-scenes efforts at the highest reaches of the US government to extract international political gain out of a large-scale scientific effort.

  16. Politics of Internationalism - Danish Women's Movements Participating in the Building of International Women's Organizations (1888-1919)

    DEFF Research Database (Denmark)

    Fiig, Christina; Nielsen, Jytte

    2016-01-01

    The struggle for universal enfranchisement in Denmark went on for almost 70 years and was part of a broader struggle for democratization. Granting women the vote was controversial and affected fundamental power structures and male privileges in marriage, in the labor market and in politics (Fiig...... & Siim 2008: 61). The context for this political and ideological struggle was primarily local and national; however there are reasons to investigate the international inspiration and activism as a central part of the debate and struggle for enfranchisement. In this article, we move beyond the “national...... container” (Beck XX) of Denmark in the time period of 1888-1915 and analyze both the international inspiration in relation to the women’s organizations and the Danish women’s movements’ important role on the international scene....

  17. Structure and sin: the Niebuhrian roots of Waltz’s neorealist theory of international politics

    NARCIS (Netherlands)

    Kamminga, Menno R.

    2012-01-01

    Prominent IR scholar Kenneth Waltz has acknowledged Christian theologian Reinhold Niebuhr as a major influence. Yet Waltz’s neorealist theory of international politics claims to be strictly ‘third image’ with no room for ‘first image’ considerations, such as Niebuhr’s emphasis on the explanatory

  18. Exploring democracy in the Russian Federation: political regime, public opinion and international assistance

    NARCIS (Netherlands)

    Gerrits, A.W.M.

    2010-01-01

    This article discusses three questions: what is the purpose of ‘democratic’ institutions and practices in Russia's authoritarian political system; how do these institutions and practices resonate with Russian public opinion; and how do they relate to the international democracy-promotion effort in

  19. Experiences of a support group for interns in the setting of war and political turmoil.

    Science.gov (United States)

    El Jamil, Fatima; Hamadeh, Ghassan N; Osman, Hibah

    2007-10-01

    Intern support groups have been instituted in many residency programs to improve resident well-being. In this article, we discuss the themes that emerged in intern support group meetings in a family medicine program operating in a setting of war and political instability. We held support groups, led by a family physician and a psychologist, that met monthly. Participants were residents in the family medicine program at the American University of Beirut. These residents began their training days after the commencement of the 34-day war between Israel and Hizbollah in 2006. Themes and issues discussed by the residents were noted and are reported in this article. We found that despite the stressors of the political situation, our interns focused on the usual stress of internship, such as the difficulties of functioning as interns in other departments and dealing with the time demands of internship as their main sources of stress at the beginning of internship. The stresses associated with the war did not emerge in the group until later in the year. These included tension with patients and political confrontations with staff, as well as personal struggles with the lack of political stability and depressed mood. This paper serves to share our experience and highlight some areas of concern that residents experience when training in a country or region that is at war.

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

    DEFF Research Database (Denmark)

    Cebulak, Pola

    2012-01-01

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

  1. Source index A: Federal law, without agreements under international law. As of December 31, 1994

    International Nuclear Information System (INIS)

    1995-01-01

    The Federal Law Catalogue and relevant sources - BGBl. III - is the basis of the source index A, which from 1st January 1966 onwards publishes the sources of laws and statutes announced in the Federal Law Gazette, part I and part II, as well as in the Federal Gazette. The source index A covers the sources of all statutes and amendments since 1st January 1964. Official directives, however, are not always announced in the Federal Law Gazette, or in the promulgation section of the Federal Gazette, but rather in the official journals of the Federal Ministries, and in the announcement section of the Federal Gazette. This also applies to amendments or cancellations of directives first published in the Federal Law Gazette or in the promulgation section of the Federal Gazette. As the latter and the official journals on the ministries are not scanned for the source index A, there is no guarantee as to complete coverage of directives. Subject scope 75 covers acts and directives relating to mining, nuclear energy, electricity, gas and power supply. (orig.) [de

  2. The Law, Policy, and Politics of Formal Hypnosis in the Public Community College Classroom.

    Science.gov (United States)

    Sachs, Steven Mark

    Information from printed sources, legal documents, and interviews with community college administrators formed the basis of an investigation of the legal, policy, and political implications of the use of formal hypnosis as an instructional augmentation in the community college classroom. Study findings included the following: (1) no formal policy…

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

    Czech Academy of Sciences Publication Activity Database

    Šturma, Pavel

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

  4. Defining the Crime of Enforced Disappearance in Conformity with International Criminal Law: a New Frontier for Bangladesh

    Directory of Open Access Journals (Sweden)

    Md. Raisul Islam Sourav

    2015-12-01

    Full Text Available Enforced disappearance is regarded as a state-sponsored heinous international crime and has recently emerged as a wide-spread issue in Bangladesh. The political opposition is currently the main target of forced disappearances, though apolitical citizens have also been targeted. Most of the incidents are unsolved and law enforcement agencies have repeatedly denied their involvement. Internationally, the UN Convention for the Protection of All Persons from Enforced Disappearance was opened for signature in 2007 and entered into force in 2010. The convention’s purpose is to criminalise enforced disappearances across the world and state parties are under an obligation to take necessary actions to stop their occurrence. Despite the cruel reality of forced disappearances in Bangladesh, no law has of yet been adopted to bring national criminal law in line with the convention. The right to life is nevertheless one of the key fundamental rights guaranteed under the Bangladeshi constitution which may be relevant in this context.  Forced disappearances have a disastrous impact on victim’s family as well as important societal implications. Bangladesh should, in this author’s opinion, ratify the convention and must reform national legislation to bring to an end state-sponsored crime. The scope of the issue may otherwise have tremendous consequences for the whole nation.

  5. 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.

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

    Directory of Open Access Journals (Sweden)

    César Higa

    2013-12-01

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

  7. Multiculturalism and international law : discussing universal standards / Alexandra Xanthaki

    Index Scriptorium Estoniae

    Xanthaki, Alexandra

    2010-01-01

    Multikultuurilisuse tõlgendamisest rahvusvahelistes lepingutes (ICESCR - International Covenant on Economic, Social and Cultural Rights; ICERD -International Convention on the Elimination of All Forms of Racial Discrimination ; CESCR - Committee on Economic, Social and Cultural Rights)

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

    Science.gov (United States)

    1999-06-01

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

  9. Nnamdi Azikiwe University Journal of International Law and ...

    African Journals Online (AJOL)

    Same-sex marriage, civil marriage and cohabitation: the law, the rights and responsibilities · EMAIL FREE FULL TEXT EMAIL FREE FULL TEXT DOWNLOAD FULL TEXT DOWNLOAD FULL TEXT. Bosede Bukola Oludairo, M.K. Imam-Tamim, 179-186 ...

  10. Sexual Harassment Law in Employment: An International Perspective.

    Science.gov (United States)

    Husbands, Robert

    1992-01-01

    Describes and compares the law applicable to sexual harassment at work in 23 industrialized countries. Shows how different legal approaches have been adopted to combat sexual harassment in the countries surveyed and how this diversity reflects differences of legal traditions and of attitudes toward the legal classification of sexual harassment.…

  11. The Law and Internal Armed Conflict: Past, Present and Future

    Science.gov (United States)

    1999-04-01

    monuments and works of art science ; (e) plunder of public or private property. 384 The article states that these listed violations are not the only...law of armed conflict; (iv) Intentionally directing attacks against buildings dedicated to religion, education, art , science or charitable purposes

  12. The role of International sustainable development law principles in ...

    African Journals Online (AJOL)

    It is universally accepted that renewable energy is an important contributing factor towards the promotion of sustainable development. The implementation of renewable energy needs to be regulated in an effective manner which in turn necessitates the formulation of law and policy geared towards sustainable development.

  13. Looking beyond the law on domestic violence | IDRC - International ...

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

    I can say I now have experience doing field research, doing qualitative research, setting up a major research project.” At IDRC, Song also helped organize major conferences on access to justice and on family law, areas she's “really interested in. I feel honoured that I was able to work on such important issues,” says Song.

  14. China's sovereignty in international law: from historical grievance to pragmatic tool

    NARCIS (Netherlands)

    Muller, Wim

    2013-01-01

    The concept of sovereignty is at the heart of Chinese international legal discourse, as well as Chinese foreign policy. Yet there is no agreement among international lawyers, political scientists and theorists what exactly the notion of sovereignty means. This article provides a background to the

  15. A multilateral tax treaty : designing an instrument to modernise international tax law

    NARCIS (Netherlands)

    Broekhuijsen, D.M.

    2017-01-01

    In this book, the author addresses the legal and political aspects of a multilateral tax treaty that fundamentally transforms the way states cooperate in the field of international taxation. Working from a normative and pragmatic view on international tax relations, he proposes a management-focused

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

    NARCIS (Netherlands)

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

    2011-01-01

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

  17. 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

  18. 77 FR 12353 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Notice of...

    Science.gov (United States)

    2012-02-29

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

  19. 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...

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

    NARCIS (Netherlands)

    Reynolds, J.L.(Jesse)

    2014-01-01

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

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

    NARCIS (Netherlands)

    Spijkers, O.

    2016-01-01

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

  2. The Exercise of Responsible Command in the Enforcement of International Criminal Law: A New Model

    National Research Council Canada - National Science Library

    Reardon, Warren A

    1997-01-01

    The following article argues that the current regime for the enforcement of international criminal law against alleged war criminals fails to live up to its promises, largely because system participants lack (or refuse to gain...

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

    African Journals Online (AJOL)

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

  4. The politics of death in Mexico: dislocating human rights and asylum law through hybrid agents.

    Directory of Open Access Journals (Sweden)

    Ariadna Estévez

    2013-12-01

    Full Text Available In 2006 Mexico’s then-president Felipe Calderón declared war on drug trafficking. The human toll was devastating with the loss of over 95,000 lives and the forced disappearance of more than 27,000 people. In addition, two percent of the Mexican population was displaced with families forced to flee their homes in the face of criminal violence. This article offers an explanation of how death, forced disappearances, persecution and exile are in essence the specific effects of governmentalization of the Mexican state. This govern­mentalization includes the shared use, by criminals and authorities, of techniques for dominating the population and controlling the conduct of citizens through the practices of death, that is, by employing the politics of death (necropolitics. The article goes on to discuss how the objectives, rationality and governmentalization of the State serve to dislocate human rights discourse in such a way that its truth politics excludes people suffering serious human rights violations, such as Mexican asylum seekers. This is accompanied by a new mode of subjectivity produced by Mexico's politics of death – the Endriago subject – which operates as a hybrid perpetrator of human rights violations.

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

    Energy Technology Data Exchange (ETDEWEB)

    Schwarze, J

    1986-01-01

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

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

    International Nuclear Information System (INIS)

    Schwarze, J.

    1986-01-01

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

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

    OpenAIRE

    Hutchinson, Zoé

    2010-01-01

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

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

    OpenAIRE

    Paleckaite, Gintare

    2014-01-01

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

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

    NARCIS (Netherlands)

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

    2014-01-01

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

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

    NARCIS (Netherlands)

    d' Aspremont, J.

    2014-01-01

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

  11. The rule of law

    Directory of Open Access Journals (Sweden)

    Besnik Murati

    2015-07-01

    Full Text Available The state as an international entity and its impact on the individual’s right has been and still continues to be a crucial factor in the relationship between private and public persons. States vary in terms of their political system, however, democratic states are based on the separation of powers and human rights within the state. Rule of law is the product of many actors in a state, including laws, individuals, society, political system, separation of powers, human rights, the establishment of civil society, the relationship between law and the individual, as well as, individual-state relations. Purpose and focus of this study is the importance of a functioning state based on law, characteristics of the rule of law, separation of powers and the basic concepts of the rule of law.

  12. FROM THE LIBERATION STRUGGLE TO “PURE AVARICE”: INTERNATIONAL CRIMINAL LAW AND THE FRAMING OF CRIME IN SUB-SAHARAN AFRICA

    Directory of Open Access Journals (Sweden)

    Richard A. Wilson

    2012-10-01

    Full Text Available Abstract: The view advanced in this article is that over the past few decades, the efforts of Sub-Saharan Africa elites to promote human rights discourse and establish liberal institutions of the nation-state have constrained the space for justifiable law-breaking and enlarged the category of criminality. Taken together, national and international security are now pursued more through the idiom of crime and rule of law than through the political process. As a result, there is more crime than there used to be in sub-Saharan Africa.  It means that law-breaking and collective political opposition is more often construed as criminal behavior.  Not only have the classifications changed, but so have the ways of knowing about violence in Africa, and all the while, a legal prism for apprehending transgressions has gained greater prominence.  This paper illustrates this general argument by reference to South Africa during its transition from apartheid in the 1990s and to the international criminal tribunals presently prosecuting violations in the Democratic Republic of the Congo and Sierra Leone. The argument works best for those post-conflict countries affected by liberal political and legal reforms and the interventions of international criminal law, and that now includes many sub-Saharan countries, but not all.  It does not apply to relatively peaceful and prosperous countries such as Tanzania or Botswana. It does not work for Zimbabwe, but may once a post-Mugabe transition is underway. Keywords: Human rights. Crime. Rule of law

  13. Persona Grata - Bernard Vanheusden, Contemporary Issues in International Law, an Interview with Associate Professor of Environmental Law, Hasselt University

    OpenAIRE

    Gordeeva, Yelena M.

    2016-01-01

    An Interview with an Associate Professor of Environmental Law, Law Faculty, Hasselt University, PhD in Law Bernard Vanheusden environmental law; climate change; European Environmental Law Forum; procedural environmental rights

  14. 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

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

    International Nuclear Information System (INIS)

    Lebedev, A. YE.

    2002-01-01

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

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

    Energy Technology Data Exchange (ETDEWEB)

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

    2002-07-01

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

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

    Science.gov (United States)

    Horton, L R

    2001-12-01

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

  18. Melting empires? Climate change and politics in Antarctica since the International Geophysical Year.

    Science.gov (United States)

    Howkins, Adrian

    2011-01-01

    This article examines the relationship between climate change and politics in Antarctica since the International Geophysical Year of 1957-8, paying particular attention to the work of the British Antarctic Survey. Research conducted in Antarctica has played an important role in the understanding of climate change on a global scale. In turn, fears about the consequences of global climate change have radically changed perceptions of Antarctica and profoundly shaped scientific research agendas: a continent that until fifty years ago was perceived largely as an inhospitable wilderness has come to be seen as a dangerously vulnerable environment. This radical shift in perception contrasts with a fundamental continuity in the political power structures of the continent. This article argues that the severity of the threat of climate change has reinforced the privileged political position of the "insider" nations within the Antarctic Treaty System.

  19. 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...

  20. Evaluation of the international limitations and conditions of the Argentinian nuclear politics

    International Nuclear Information System (INIS)

    Martin, Hugo R.

    2003-01-01

    It is a broadly accepted fact that the Argentine Republic is one of the few development countries that has reached an advance status in the world in pacific applications of nuclear science and technology. A retrospective vision of the main technical and political aspects that characterized the process to global scale allows to confirm, starting from the theory of the International Relations, that the position reached by the country was the consequence of a coherent effort sustained under the almost exclusive conduction of the National Atomic Energy Commission (CNEA). The Nuclear politics of Argentine in the international concert during the last fifty years, sample a behavior of non adhesion to the juridical treaties commitments that were considered limitative for the initial objectives proposed when President General J. D. Peron created the CNEA in 1950: self-sufficiency and national autonomy. This continuity shows an unusual coherence in the foreign policy of the country maintained by all the governments that exercised the power during five decades. The result of this investigation task has allowed to elaborate a complex, reasonably coherent vision of the consequences that the limitations and conditions on the Argentine nuclear politics had in the three temporary dimensions and in different levels. From the theoretical point of view, the scenario starts from the crisis of the Utopism that revaluate the Classic Realism (H. Morgenthau) after the Second World War. In the next stage K. Waltz's Structural Realism starts when the internationalization process of the nuclear technology begins in the 50. Other theoretical models: Complex Interdependence (R. Keohane and J. Nye) and Peripheric Realism (C. Escude) at local level seem to be the representative models to describe the Argentine political behavior in the nuclear politic and to prove that the main variable in this field was the genuine domain of the scientific and technological knowledge developed in the national

  1. 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.

  2. International legal and political issues associated with the export/import of nuclear power plants

    International Nuclear Information System (INIS)

    Manning Muntzing, L.

    1978-01-01

    The benefits of nuclear power can be achieved by most nations only through international commerce that has been shaped by political considerations and implemented through legal instruments. The end product is a structure of legal agreements designed to implement the basic political and commercial decisions that are required for any nation to enter the nuclear power arena. The IAEA Statute, the Non-Proliferation Treaty and regional nuclear agreements have reflected the international political consensus concerning nuclear power. In recent years, however, events have occurred that in all probability will result in additional international arrangements. It is expected that the increase in terrorist activities will result in greater physical protection commitments, that concern for weapons proliferation will result in further definition of sanctions, and that such troublesome issues as double labelling of materials will be discussed by the international community. In areas such as bilateral agreements between nations, commercial arrangements and export licences, this is a period of rethinking, renegotiating, and readjusting. The result is a degree of uncertainty and lack of stability that could so jeopardize the potential for nuclear transfers that the nuclear energy option may not vest. While there always will be questions and issues, it is essential to settle some of the key problems without delay so that nuclear benefits can be realized. (author)

  3. From Political Unity to State Fragmentation: Crime, Law and Sovereignty in Carlos Fuentes and Juan Rulfo

    Directory of Open Access Journals (Sweden)

    Guillermo J. Fajardo Sotelo

    2018-01-01

    Full Text Available The author analyzes the late work of Mexican writer Carlos Fuentes to think about the Mexican political system and its transformations. Also, the author uses the figure of Pedro Paramo as an example of total sovereignty in comparison with the state fragmentation and the multi-sovereign forms that Carlos Fuentes uses in his novels as tools to demonstrate how the transformations have operated in Mexico: from a strong state to a fragmented government surrounded by other forms of control such as globalization, crime, and necroempowerment.

  4. WOMEN’S RIGHTS IN THE POLITICAL SPHERE- MACEDONIAN AND INTERNATIONAL EXPERIENCE

    Directory of Open Access Journals (Sweden)

    Dana Nikolov

    2015-10-01

    Full Text Available Gender equality is a key issue that concernsall government entities in the world and the extent of its legal regulation depends on the inclusion of women in the political sphere of a state. Early women's rights movement dates back to the 1830s when women began speaking publicly against slavery. Since then, the performance by women on the legal and political scene is in continuous progression, but it is not sufficient. Currently the country with the largest number of women in political office is Rwanda, holding the world record with 64% representation. Other countries where women's inclusion in politics is high are the Scandinavian countries, led by Sweden. Contrary to the positive tendency in these two countries concerning this issue, there are those which are first inthe non-participationof women in the political sphere, like Ukraine with 10%, Lebanon and Iran 3% and 0.3% in Yemen. When it comes to gender equality in the Republic of Macedonia, equal opportunities for women and men are guaranteed mainly by the Constitution of the Republic of Macedonia as the highest legal act, but also by a large number of laws that prohibit discrimination based on gender. The participation of women in the parliament of Macedonia for the last parliamentary term (2011- 2014 was 34.14%. Raising concern is the women’s under-representation in the executive branch, and the Republic of Macedonia cannot claim to have any significant involvement of women in the diplomatic sphere either. Nevertheless, the efforts for a step closer towards increasing women's participation in the decision-making process will not cease.

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

    International Nuclear Information System (INIS)

    Bischof, W.

    1980-01-01

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

  6. Nnamdi Azikiwe University Journal of International Law and ...

    African Journals Online (AJOL)

    A critical anaylsis of the mechanisms for settlement of investment disputes in international arbitration · EMAIL FREE FULL TEXT EMAIL FREE FULL TEXT · DOWNLOAD FULL TEXT DOWNLOAD FULL TEXT. S. Akinlolu Fagbemi, 46-55 ...

  7. 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.

  8. International Banking Standards, Private Law, and the European Union

    DEFF Research Database (Denmark)

    Wouters, Jan; Odermatt, Jed

    2016-01-01

    This chapter seeks to provide an insight into the dynamics that take place between the EU and international standard-setting bodies, by first examining some of the features of global financial regulation which make it a unique area of global governance, then by investigating the wide variety of n...... the crisis. These reforms have been highly influenced by non-binding commitments made in informal bodies at the international level....

  9. How to build confidence in climate science and politics? Return on an international conference

    International Nuclear Information System (INIS)

    Aykut, Stefan C.

    2015-01-01

    Taking as a starting point the communications at an international conference held in Paris in 2014, the article analyzes the construction of confidence in climate sciences and politics. How, by which methods and procedures, do climate modeling communities establish the validity of their models? What link can be established between the confidence in numerical simulations of global warming and in the capacity of the international system to successfully tackle the climate issue? The article shows that the existence of a close link between these different forms of confidence questions common belief that expertise should be completely separated from the political process. More generally, it examines the necessity of a 'constitution' for the science-policy relationship at the global level at a time where new paradigms for research and for policy converge toward increasing importance of regional and local levels

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

    NARCIS (Netherlands)

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

    2015-01-01

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

  11. Security aspects of "Geoenergeia" and the significance of energy resources management in international politics

    OpenAIRE

    VIDAKIS, Ioannis; BALTOS, Georgios

    2015-01-01

    This paper builds on the tools of geopolitics and geo-economics for analyzing energy resource networks and energy security. To prioritize the role that energy resources play in the interpretation of and decision making in international politics, it proposes the introduction of the Greek language-inspired term "geoenergeia" and a derivative methodology. Unprecedented fluctuations in fuel prices during recent decades and intensifying turmoil in the energy market are all indisputable phenomena t...

  12. Democratising the learning process: the use of Twitter in the teaching of Politics and International Relations

    OpenAIRE

    Blair, Alasdair

    2013-01-01

    The version attached to this record is the authors final peer reviewed version. The publishers final version of record can be found by following the DOI link. Twitter has become an established feature of the contemporary landscape. It has been used by, among others, politicians, political parties, governments, international organisations, charities, think-tanks and individuals from academics to celebrities. Twitter has also been subject to a great deal of debate and analysis. This includes...

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

    Directory of Open Access Journals (Sweden)

    Carlos Ruiz Miguel

    2018-05-01

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

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

    NARCIS (Netherlands)

    Boer, Martin; Schön, Wolfgang

    2014-01-01

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

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

    Science.gov (United States)

    Byrne, Bronagh

    2013-01-01

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

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

    NARCIS (Netherlands)

    Augenstein, D.H.

    2014-01-01

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

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

    NARCIS (Netherlands)

    Augenstein, Daniel

    2014-01-01

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

  18. The international law and the pacific uses of the atomic energy

    International Nuclear Information System (INIS)

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

    1992-01-01

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

  19. 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.

  20. Health system strengthening in Myanmar during political reforms: perspectives from international agencies.

    Science.gov (United States)

    Risso-Gill, Isabelle; McKee, Martin; Coker, Richard; Piot, Peter; Legido-Quigley, Helena

    2014-07-01

    Myanmar has undergone a remarkable political transformation in the last 2 years, with its leadership voluntarily transitioning from an isolated military regime to a quasi-civilian government intent on re-engaging with the international community. Decades of underinvestment have left the country underdeveloped with a fragile health system and poor health outcomes. International aid agencies have found engagement with the Myanmar government difficult but this is changing rapidly and it is opportune to consider how Myanmar can engage with the global health system strengthening (HSS) agenda. Nineteen semi-structured, face-to-face interviews were conducted with representatives from international agencies working in Myanmar to capture their perspectives on HSS following political reform. They explored their perceptions of HSS and the opportunities for implementation. Participants reported challenges in engaging with government, reflecting the disharmony between actors, economic sanctions and barriers to service delivery due to health system weaknesses and bureaucracy. Weaknesses included human resources, data and medical products/infrastructure and logistical challenges. Agencies had mixed views of health system finance and governance, identifying problems and also some positive aspects. There is little consensus on how HSS should be approached in Myanmar, but much interest in collaborating to achieve it. Despite myriad challenges and concerns, participants were generally positive about the recent political changes, and remain optimistic as they engage in HSS activities with the government.

  1. Plutonium, power, and politics: international arrangements for the disposition of spent nuclear fuel

    International Nuclear Information System (INIS)

    Rochlin, G.I.

    1979-01-01

    In this study, Gene Rochlin, physicist and social scientist, explores the technical, political, and institutional aspects of international nuclear export and fuel-cycle policies. He categorizes existing proposals and suggests ways to develop new ones that better promote both national and international goals. Dr. Rochlin argues neither for nor against the future use of nuclear power or plutonium fuels. Rather, he addresses the question of how international arrangements could be reached that might jointly satisfy the objectives of the several key nations, yet not be too difficult to negotiate. He concludes that a major fault has been the tendency to improvise arrangements for specific technical or industrial operations. As a result, overall social and political goals have become the bargaining points for compromise. Yet, attempts to simultaneously resolve all problems are unlikely to prove fruitful. Dr. Rochlin suggests instead the formation of institutions organized around more-limited social, political, and technical objectives - even at the expense of excluding some nations, or omitting some aspects of the nuclear fuel cycle. Only by so doing, he argues, can immediate agreements be reached that preserve the potential for more-comprehensive future arrangements without sacrificing industrial, environmental, or nonproliferation goals

  2. Choosing a standard reactor: International competition and domestic politics in Chinese nuclear policy

    International Nuclear Information System (INIS)

    Ramana, M.V.; Saikawa, Eri

    2011-01-01

    China has ambitious plans to expand its nuclear power capacity. One of the policy goals that high-level policymakers have desired is to base the nuclear program on a standardized reactor design. However, this has not materialized so far. By examining its nuclear reactor choices for individual projects, we argue that China’s policymaking process has been greatly influenced by international competition and domestic politics. Multiple international nuclear vendors are intent upon maintaining their respective niches in the expanding Chinese reactor market, and they have used various forms of economic and political pressure to achieve their objectives. On the other hand, China’s policymaking process is fragmented and the shifting power balances among powerful domestic actors do not allow a fixed path to be followed. Further, because of the high costs and potential profits involved, nuclear reactor choices in China have been driven not just by technical considerations but also by foreign and trade policy objectives. All of these make it unlikely that China will standardize the reactor type it constructs in the near future. -- Highlights: ► China’s nuclear power policymaking has been fragmented and without central control. ► Multiple domestic actors have pursued independent agendas. ► International nuclear vendors have intensely competed for Chinese reactor contracts. ► Economic, political and foreign policy goals have driven reactor contract decisions. ► China is unlikely to construct only a standardized reactor design.

  3. Teaching International Business Law: A Liberal Arts Perspective

    Science.gov (United States)

    MacDonald, Diane B.; Ramaglia, Judith A.

    2004-01-01

    Integrating the liberal arts perspective in the study of international commerce allows students to examine the human side of doing business outside the U.S. and stimulates the imagination by exploring the contributions made to business practices by other cultures. This approach is one way to enrich the student learning experience and to make the…

  4. Jus Cogens and the Humanization and Fragmentation of International Law

    NARCIS (Netherlands)

    den Heijer, M.; van der Wilt, H.; den Heijer, M.; van der Wilt, H.

    2016-01-01

    This editorial explores how two developments—the humanization and fragmentation of international law—permeate all aspects of jus cogens: its foundations, content and consequences. The authors are particularly intrigued by the question of how the unceasing popularity of jus cogens can be reconciled

  5. The Terrorist as a Belligerent Under International Law

    Science.gov (United States)

    1987-04-01

    the acccused to the appropriate authorities for disposition. 176 Most countries provide in their penal codes that attacks or attempted attacks... Derecho International, 1962, quoted in Inter-American Juridical Committee, "Statement of Reasons for the Draft Convention on Terrorism and Kidnapping

  6. Extraterritoriality in International Law : The Case of EU Climate Protection

    NARCIS (Netherlands)

    Dobson, N.L.

    2018-01-01

    While the international climate regime has recently taken considerable strides, the post-Paris era leaves states with much discretion as to the ambition of their climate change policies. Over the past years, this pervasive ‘ambition gap’ has led the European Union (EU) to take provocative unilateral

  7. Co-Evolution: Law and Institutions in International Ethics Research

    NARCIS (Netherlands)

    Millar-Schijf, Carla C.J.M.; Cheng, Philip Y.K.; Choi, Chong-Ju

    2009-01-01

    Despite the importance of the co-evolution approach in various branches of research, such as strategy, organisation theory, complexity, population ecology, technology and innovation (Lewin et al., 1999; March, 1991), co-evolution has been relatively neglected in international business and ethics

  8. Effectiveness and legitimacy in international law / Christian Tomuschat

    Index Scriptorium Estoniae

    Tomuschat, Christian

    2017-01-01

    Suveräänsusest ja rahvusvahelistest suhetest rahvusvahelise õigus aspektist. Autori ettekanne tema 80. juubeli auks peetud sümpoosionil „Effectiveness and Legitimacy of International Law” (Speyer, 22.-23. juulil 2016). Sama teema käsitlusi artiklites erinevatelt autoritelt lk. 321-408

  9. The Principle of National Treatment in international economic law

    NARCIS (Netherlands)

    Kamperman Sanders, A.W.J.

    2014-01-01

    This second volume in the European IP Institutes Network Series provides an exhaustive overview on the principle of national treatment that is enshrined in a number of international treaties. The non-discrimination principle ensures that foreign nationals, goods, services or investments are not

  10. critical analysis of abolition of death penalty in international law

    African Journals Online (AJOL)

    Mofasony

    regions” in the world, as most African states still retain the death penalty despite the growing international ..... been likely to endanger our safety. If application of ..... narrower class of crimes, and has excluded an increasingly broader group of .... manufacturing criminals and then killing them is an insult to our intelligence and.

  11. Discourse of political archetypes in international relations of the post soviet states of the Central Asia (statement of the problem

    Directory of Open Access Journals (Sweden)

    Алексей Алексеевич Клинцов

    2009-12-01

    Full Text Available In the given article the author considers the problem of discourse of political archetypes in international relations of the post Soviet states of the Central Asia. In author's opinion, political archetypes as historically developed fundamental bases of ethnic consciousness render essential influence on modern diplomacy of the countries of the given region. That is why they require serious and profound studying by domestic and foreign political science.

  12. MODEL PENYELESAIAN PERSELISIHAN PARTAI POLITIK SECARA INTERNAL MAUPUN EKSTERNAL (The Model of Political Party Dispute Settlement Internally and Externally

    Directory of Open Access Journals (Sweden)

    Tri Cahya Indra Permana

    2016-03-01

    Full Text Available Undang-Undang Parpol mengatur bahwa perselisihan Parpol diselesaikan secara internal oleh Mahkamah Partai atau sebutan lain daripada itu dan secara eksternal oleh Pengadilan Negeri dan Mahkamah Agung. Substansi perselisihan yang final dan mengikat di Mahkamah Partai adalah perselisihan kepengurusan, selebihnya dapat diajukan upaya hukum ke Pengadilan Negeri dan Mahkamah Agung. Di dalam praktek, pengaturan tersebut telah menjauhkan dari rasa keadilan, kepastian hukum dan kemanfaatan, oleh karenanya sebaiknya direvisi yang mana perselisihan PAW, pelanggaran terhadap hak anggota partai politik, penyalahgunaan wewenang,  pertanggungjawaban keuangan, dan atau keberatan terhadap keputusan partai politik (termasuk keputusan untuk tidak memutuskan terhadap sesuatu hal final dan mengikat dengan Putusan MPP. Sedangkan perselisihan kepengurusan dapat diajukan upaya hukum ke Mahkamah Konstitusi. Political parties act stipulates that a political party dispute resolved internally by the Mahkamah Partai or other designation of that and externally resolved by the District Court and the Supreme Court. The dispute substance in Mahkamah Partai which is final and binding is about organization dispute, the other can be settled in District Court and the Supreme Court. In practice, that arrangement makes the decision apart from the sense of justice, legal certainty and utility. Therefore, these rules should be revised so that the regulation of PAW, violations of the rights of members of political parties, abuse of authority, financial liability, or an objection to the decision of political parties (including the decision not to decide on something is final and binding through Mahkamah Partai decision. While the organization disputes can be submitted to the Constitutional Court for legal action.

  13. The concept of exploitation in international human trafficking law

    OpenAIRE

    von der Pütten, Tuija Kaarina

    2017-01-01

    Human trafficking is commonly known as a criminal practice that takes place in the framework of sex trade: women and children are trafficked within a state, or from one state to another, for the purpose of sexual exploitation. Similarly, the early 20th century international conventions aimed to tackle ‘white slave traffic’, trafficking of women and children for sexual exploitation. However, it is misleading to see trafficking only within this context. People are trafficked so that they can be...

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

    OpenAIRE

    Natalia Erpyleva

    2013-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Miguel Ángel Martín López

    2016-06-01

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

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

    Directory of Open Access Journals (Sweden)

    Chan Mo Chung

    2002-12-01

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

  17. Neurons compute internal models of the physical laws of motion.

    Science.gov (United States)

    Angelaki, Dora E; Shaikh, Aasef G; Green, Andrea M; Dickman, J David

    2004-07-29

    A critical step in self-motion perception and spatial awareness is the integration of motion cues from multiple sensory organs that individually do not provide an accurate representation of the physical world. One of the best-studied sensory ambiguities is found in visual processing, and arises because of the inherent uncertainty in detecting the motion direction of an untextured contour moving within a small aperture. A similar sensory ambiguity arises in identifying the actual motion associated with linear accelerations sensed by the otolith organs in the inner ear. These internal linear accelerometers respond identically during translational motion (for example, running forward) and gravitational accelerations experienced as we reorient the head relative to gravity (that is, head tilt). Using new stimulus combinations, we identify here cerebellar and brainstem motion-sensitive neurons that compute a solution to the inertial motion detection problem. We show that the firing rates of these populations of neurons reflect the computations necessary to construct an internal model representation of the physical equations of motion.

  18. Political Psychology in Russia: Current Issues in International Studies (Interview with Nikolay Kosolapov, Institute of World Economy and International Relations, Russian Academy of Science

    Directory of Open Access Journals (Sweden)

    Vera Andreevna Chmyreva

    2015-12-01

    Full Text Available Interview with Professor N. Kosolapov is devoted to the most urgent and complex problems of modern international relations and world politics, reveals the current state of political psychology in Russia and abroad, as well as the evolution of the science. As estimated by N. Kosolapov, the viability of political-psychological projects in Russia has fallen sharply compared to 1990's. They are not fully used in the development of political strategies, as well as in the process of operational decision making and its realization. In the interview are marked the obstacles to the emergence of theoretical and applied research in Russia, as well as key milestones for future development of political psychology. It also touches upon the most important questions of psychology of leadership within the framework of modern Russian and international practice, the political process as a whole, shows the differences in the approaches of European and Russian scientific schools in the analysis of political leadership. The author’s vision of key issues of contemporary international relations is of particular interest: we are witnessing the fact that American global leadership is experiencing an acute crisis, which contributes to the escalation of inter-state conflicts. However, the positive effect of the international crisis for our country is that it led the elites to reconsider their own ideological guidance with respect to Russia's role in world politics and forced to fight for the «new position».

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

    DEFF Research Database (Denmark)

    Fogt, Morten Midtgaard

    2013-01-01

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

  20. International tax planning & prevention of abuse under domestic tax law, tax treaties & EC-law

    OpenAIRE

    De Broe, Luc

    2007-01-01

    PART ONE:THE USE OF CONDUIT & BASE COMPANIES IN INTERNATIONAL TAX PLANNING 1 1. CONDUIT COMPANIES 1 1.1. Treaty shopping 1 1.1.1. Description of the term “Treaty shopping” in relation to conduit companies 1 1.1.2. Basic features of “Treaty Shopping” in relation to conduit companies 6 1.1.2.1. Form of the conduit: company or partnership ? 6 1.1.2.2. Tax considerations in setting up the conduit 8 1.2. Directive shopping 11 1.2.1. Description of the term ...