WorldWideScience

Sample records for international laws

  1. 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.

  2. 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....

  3. 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

  4. 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

  5. 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

  6. 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...

  7. 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.

  8. 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

  9. 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.

  10. 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

  11. 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.

  12. 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.

  13. 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.

  14. 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

  15. 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...

  16. 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.)

  17. 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.

  18. 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...

  19. 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...

  20. 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).

  1. 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

  2. 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.

  3. 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 ...

  4. 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.)

  5. 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.

  6. 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 ...

  7. 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.

  8. 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...

  9. 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

  10. 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.

  11. 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.

  12. 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...

  13. 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

  14. 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....

  15. 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...

  16. 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

  17. 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.

  18. 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.

  19. 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

  20. 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

  1. 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.

  2. 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...

  3. 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.

  4. 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 ...

  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. 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...

  9. 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.

  10. 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...

  11. 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

  12. 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

  13. 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.

  14. 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

  15. 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....

  16. 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. 

  17. 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.

  18. 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

  19. 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

  20. 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

  1. 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 ...

  2. 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.

  3. 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/

  4. 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

  5. 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

  6. 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

  7. 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

  8. 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

  9. 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

  10. 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…

  11. 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...

  12. 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...

  13. 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

  14. 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...

  15. 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,...

  16. 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.

  17. 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.

  18. 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.

  19. 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.

  20. 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.

  1. 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

  2. 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

  3. 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.

  4. 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...

  5. 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)

  6. 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

  7. 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

  8. 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.

  9. 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....

  10. 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 ...

  11. 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.

  12. 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 ...

  13. 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 ...

  14. 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

  15. 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.

  16. 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…

  17. 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

  18. 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.

  19. 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

  20. 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

  1. 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.

  2. 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...

  3. 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.

  4. 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.…

  5. 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

  6. 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.

  7. 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.

  8. 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 ...

  9. 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”

  10. 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.

  11. 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

  12. 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 ...

  13. 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 ...

  14. 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 ...

  15. 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.

  16. 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.

  17. 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.

  18. 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.

  19. 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

  20. 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

  1. 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 ...

  2. 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...

  3. 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,

  4. 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

  5. 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.

  6. 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.

  7. 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....

  8. 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 ...

  9. 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.

  10. [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

  11. 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.

  12. 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

  13. 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.

  14. 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...

  15. 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

  16. 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.

  17. 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.

  18. 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.

  19. 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.

  20. 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

  1. 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.

  2. 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

  3. 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)

  4. 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

  5. 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

  6. 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 ...

  7. 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)

  8. 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.

  9. 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.

  10. 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

  11. 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

  12. 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”.

  13. 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

  14. 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.

  15. 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)

  16. 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

  17. 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...

  18. 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.

  19. 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.

  20. 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.

  1. 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.

  2. 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

  3. 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

  4. 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…

  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. 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

  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. 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)

  16. 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...

  17. 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

  18. 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

  19. 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...

  20. 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...

  1. 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

  2. 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)

  3. 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)

  4. 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.

  5. 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

  6. 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

  7. 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...

  8. 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.

  9. 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.

  10. 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.

  11. 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...

  12. 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.

  13. 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

  14. 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...

  15. 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...

  16. 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...

  17. 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

  18. 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.)

  19. 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.

  20. 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

  1. 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

  2. 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.

  3. 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...

  4. 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.

  5. 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.

  6. 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.

  7. 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)

  8. 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.

  9. 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.

  10. 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...

  11. 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

  12. 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

  13. 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

  14. 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…

  15. 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

  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. 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.

  18. 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.

  19. 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

  20. 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

  1. 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.

  2. 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.

  3. 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.

  4. 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...

  5. 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...

  6. 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 ...

  7. 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.

  8. 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...

  9. 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

  10. 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

  11. 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

  12. 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...

  13. 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

  14. 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

  15. 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.

  16. 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.

  17. 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...

  18. 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

  19. 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/

  20. 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

  1. 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.

  2. 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)

  3. 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.

  4. 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.

  5. 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...

  6. 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

  7. 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)

  8. 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...

  9. 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

  10. 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

  11. 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

  12. 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.

  13. 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.

  14. 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)

  15. 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

  16. 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 ...

  17. 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.…

  18. 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

  19. 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.

  20. 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.

  1. 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

  2. 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

  3. 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...

  4. 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...

  5. 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

  6. 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

  7. 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...

  8. 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.

  9. 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.

  10. 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

  11. 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...

  12. 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...

  13. 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

  14. 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

  15. 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

  16. 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

  17. 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)

  18. 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)

  19. 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.

  20. 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...

  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. 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.)

  3. 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 ...

  4. 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.

  5. 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....

  6. 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

  7. 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.

  8. 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

  9. 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…

  10. 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

  11. 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

  12. 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

  13. 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.

  14. 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

  15. 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…

  16. 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

  17. 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

  18. 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

  19. 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

  20. 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

  1. 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

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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...

  7. 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...

  8. 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...

  9. 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

  10. 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.

  11. 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.

  12. 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...

  13. 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 ...

  14. International nuclear third party liability law: The response to Chernobyl

    International Nuclear Information System (INIS)

    Schwartz, J.A.

    2006-01-01

    In terms of liability and compensation issues, the response of the international community to the accident at Chernobyl has been comprehensive, aimed at modernising two outdated international regimes, linking them together and adopting a brand, new global one - all this in the hope of bettering the situation of victims of a nuclear accident, wherever they may be found. That improvement will be brought about in a number of ways once all of the relevant international instruments have entered into force. Much more money will be available to compensate victims of a nuclear accident and that money will be more readily and easily accessible. More victims will be entitled to compensation, both in terms of the type of damage that they have suffered and where those victims were physically located at the time they suffered it; in some cases, such as under the Supplementary Compensation Convention, victims in states other than that of the liable operator will be in a privileged position as regards a portion of the available compensation. In addition, the period in which claims for compensation can be made in respect of personal injury and loss of life has been extended, in recognition of the fact that some such injuries may not manifest themselves for many years after the accident has occurred. Yet despite the lessons learned from Chernobyl, despite the attempts to make these new or amended instruments as attractive as possible to encourage the broadest possible adherence, their acceptance by individual states has not been overwhelming. This is particularly true in the case of the VC Protocol and the CSC where the required liability amounts and financial security limits were intentionally established at levels deemed to be acceptable to the vast majority of potential parties. It is equally discouraging to see that Ukraine has not ratified either the VC Protocol or the CSC, even though it signed both shortly after their adoption in 1997. Similarly, the Russian Federation has

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

    Directory of Open Access Journals (Sweden)

    Nikita Lyutov

    2016-01-01

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

  16. The Development of International Law in the Field of Renewable Energy

    Directory of Open Access Journals (Sweden)

    Imam Mulyana

    2016-04-01

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

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

    Directory of Open Access Journals (Sweden)

    Bojanić Petar

    2006-01-01

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

  18. Conditions for the lawful exercise of the right of self-defence in international law

    Directory of Open Access Journals (Sweden)

    Upeniece V.

    2018-01-01

    Full Text Available The Charter of the United Nations wasthought to establish a normative order, maintain international peace and security. According to the Article 51 of the Charter of the United Nations “Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs”[1]. However the Article 51 doesnot propose a legal definition of the conduct which is considered as an armed attack or the commencement of such an attack. It does not propose strict criterions for the use of force for self-defence. As a result different interpretations of this norm have been arising and continuing to change in response to new situations and threats.

  19. 77 FR 530 - Department of State Advisory Committee on Private International Law: Notice of Renewal of Charter

    Science.gov (United States)

    2012-01-05

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

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

    NARCIS (Netherlands)

    van der Wilt, H.

    2010-01-01

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

  1. Special considerations regarding indirect expropriation in international economic law

    Directory of Open Access Journals (Sweden)

    Laura-Cristiana Spătaru-Negură

    2017-12-01

    Full Text Available The right to property is a human right that has to be respected so that if the property of a natural or legal person is taken over, the respective person has to be compensated. The right of a state to control the economic business is one of the rights sustained and exercised by the states on a constant basis. This reflects the inherent sovereignty of a state to control its people, incidents and objects found on its territory. Between these rights, the situation of indirect expropriation appears which has been described in the doctrine as being very abstract and rigid, big lacunae existing. The sense of the indirect expropriation and of the international investors’ protection against the indirect expropriation is very ambiguous. Using different methods specific to scientific analyse of the legal phenomenon (e.g. the logical method, the comparative method, the historical method and the quantitative methods, we consider that through this paper we can reach certain results that could be interesting for any legal practitioner or theoretician, this paper intending to present the most relevant cases that could amount to indirect expropriation.

  2. 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

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

    International Nuclear Information System (INIS)

    Hoche, A.

    1988-01-01

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

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

    Science.gov (United States)

    Blaustein, Jarrett; McLay, Miki; McCulloch, Jude

    2017-08-01

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

  5. International Law governing the Safe and Peaceful Uses of Nuclear Energy

    International Nuclear Information System (INIS)

    Jankowitsch-Prevor, O.

    2002-01-01

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

  6. On Banks, Courts and International Law: The Intergovernmental Agreement on the Single Resolution Fund in Context

    DEFF Research Database (Denmark)

    Fabbrini, Federico

    2014-01-01

    In May 2014, 26 Member States of the EU concluded an intergovernmental agreement on the transfer and mutualization of contribution to the Single Resolution Fund (SRF). This international treaty constitutes a core component of the second pillar of the European Banking Union – the Single Resolution...... Mechanism, to wind down failing banks in the Euro-zone – and complements an EU regulation adopted by the European Parliament and the Council creating the SRF. This article critically analyses the choice to use international law to adopt the rules on transfer and mutualization of contributions to the SRF....... Moreover, as the article explains, resort to international law is unsound from a policy point of view. The use of an international treaty to regulate the transfer and mutualization of contributions to the SRF opens the door for national courts’ review of the agreement – a prospect which contrasts...

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

    NARCIS (Netherlands)

    X.E. Kramer (Xandra)

    2008-01-01

    textabstractThe establishment of Regulation No 864/2007 on the Law Applicable to Non-Contractual Obligations (Rome II) is a landmark for European Private International Law. The regulation of torts in the European Union has a history of forty years, starting with the preparation of the Rome

  8. The protection of juveniles under Cameroon criminal law and procedures through the lens of international standards

    Directory of Open Access Journals (Sweden)

    Thomas Ojong

    2017-10-01

    Full Text Available While the legislative framework on the adminitration of juvenile justice in Cameroon may currently be adequate and in compliance with the international conventions ratified by the State, the implementation of the national law should be the primary mechanism through which human rights are realized. Cameroon is usually said to be a State with good laws but poor implementation. With recourse to the normative and empirical methods, this article explores the provisions on the protection of juveniles in Cameroon criminal law and procedures through the lens of internationally recognized principles. It looks at the provisions as they are interpreted and applied by the Courts. The prospect being to invite the Government and all the stakeholders to embark on establishing the structures provided for and ensure effectiveness in the enforcement of juvenile justice in the country so as to overcome the current weaknesses that the system is experiencing.

  9. The Regulation of Religious Freedom in Indonesia And International Law Perspective

    OpenAIRE

    BAKHTIAR, HANDAR SUBHANDI

    2017-01-01

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

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

    International Nuclear Information System (INIS)

    Ziegler, E.

    1984-01-01

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

  11. The World Anti-Doping Code 2015: ASSER International Sports Law Blog symposium

    NARCIS (Netherlands)

    Duval, A.; Ram, H.; Viret, M.; Wisnosky, E.; Jacobs, H.L.; Morgan, M.

    This article brings together the contributions to a blog symposium on the new World Anti-Doping Code 2015 published on the ASSER International Sports Law Blog in October 2015. The contributions cover a variety of subjects, including the new sanctioning regime, the role of national anti-doping

  12. International Law as an Argumentative Practice: On Wohlrapp’s Concept of Argument

    NARCIS (Netherlands)

    Venzke, I.

    2016-01-01

    It has become a commonplace to view international law as an argumentative practice. This commonplace, it is argued, clouds strong differences that re-emerge with closer scrutiny. What, specifically, is the place of reason, rhetoric or violence in the practice of arguing? The present article explores

  13. Curricular Choices of Ultra-Orthodox Jewish Communities: Translating International Human Rights Law into Education Policy

    Science.gov (United States)

    Perry-Hazan, Lotem

    2015-01-01

    This paper employs the provisions of international human rights law in order to analyse whether and how liberal states should regulate Haredi educational practices, which sanctify the exclusive focus on religious studies in schools for boys. It conceptualises the conflict between the right to acceptable education and the right to adaptable…

  14. The law of international criminal procedure and domestic war crimes trials

    NARCIS (Netherlands)

    Sluiter, G.

    2006-01-01

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

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

    Science.gov (United States)

    Harry, Ralph L.

    1989-01-01

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

  16. 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

  17. Human Rights and International Labour Law issues concerning Migrant Women Working as Domestic Helpers in China

    NARCIS (Netherlands)

    Peng, Q.|info:eu-repo/dai/nl/375803998

    2017-01-01

    This book addresses the human rights and international labour law issues concerning rural migrant women workers as domestic helpers in China and offers several legislative suggestions to the Chinese government. By describing the current de facto and de jure condition of rural migrant women working

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

    International Nuclear Information System (INIS)

    Lebedev, D.R.

    1982-01-01

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

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

    NARCIS (Netherlands)

    Tibori Szabó, K.

    2011-01-01

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

  20. 78 FR 38430 - Notice of Meeting of Advisory Committee on International Law

    Science.gov (United States)

    2013-06-26

    ... DEPARTMENT OF STATE [Public Notice 8351] Notice of Meeting of Advisory Committee on International Law Correction In notice document 2013-13719, appearing on page 34702 in the issue of Monday, June 10, 2013, make the following correction: In the third column, in the last paragraph, the entry ``(202-776...

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

    NARCIS (Netherlands)

    Schill, S.W.

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

  2. CARBON TRADING ACCORDING TO INTERNATIONAL LAW AND ITS IMPLEMENTATION IN INDONESIA

    Directory of Open Access Journals (Sweden)

    Sinta Wahyu Purnama Sari

    2016-04-01

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

  3. THE ROLE OF NON-GOVERNMENTAL ORGANISATIONS IN CREATING STANDARDS IN INTERNATIONAL ENVIRONMENTAL LAW

    Directory of Open Access Journals (Sweden)

    Oana Maria HANCIU

    2015-07-01

    Full Text Available The participation and influence of non-governmental actors in areas of international environmental governance has increased tremendously over the last decades. Some of these non-governmental organization (NGOs, like International Union for Conservation of Nature, World Wide Fund for Nature or Greenpeace, have a global character and an intense activity in promoting environmental protection. Of great importance is the fact that some NGOs have gained a consultative status in international and regional organizations influencing the process of drafting and adopting norms of international environmental law. The study analyses the contribution of NGOs in international environmental field and their essential role as ,,guardians of the environment” in promoting and respecting the provisions of international environmental agreements, in particular of Aarhus Convention.

  4. International Court of Justice on Potential Transboundary Damage and its Consequences in Nuclear Law

    International Nuclear Information System (INIS)

    Cletienne, M.

    2010-01-01

    On 4 May 2006, Argentina filed in the International Court of Justice ('ICJ') an application instituting proceedings against Uruguay. Argentina claimed that Uruguay, by authorizing the construction of a pulp mill (the 'CMB mill') and the construction and commissioning of another pulp mill (the 'Orion mill'), breached its obligations under the 1975 Statute of the River Uruguay, a treaty between Argentina and Uruguay, notably the obligation to take all necessary measures for the optimum and rational utilisation of the River Uruguay. On 20 April 2010,1 the court rendered its decision settling this environmental dispute between Argentina and Uruguay. This paper will first summarize the judgement and then consider the main contribution of this decision to international environmental law, e.g. the recognition of an international customary rule to conduct an environmental impact assessment. Finally, the potential consequences of the decision in nuclear law will be addressed in the last part

  5. 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'?

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

    Directory of Open Access Journals (Sweden)

    Matthias Goldmann

    2009-02-01

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

  7. Problems raised by participation of foreign citizens in national licensing procedures - aspects of public international law

    International Nuclear Information System (INIS)

    Pelzer, N.

    1983-01-01

    In western Europe persons living in border areas increasingly ask for participation in national licensing procedures for nuclear installations to be erected close to the border in neighbouring countries. National practices vary in this matter. Whilst many countries concede rights of participation to foreign citizens in the border areas, the Federal Republic of Germany, e.g., denies foreign citizens direct participation. The paper enquires into the connected problems of public international law and pertinent international treaties and international customary low are examined. (NEA) [fr

  8. Law Studies

    Directory of Open Access Journals (Sweden)

    G. P. Tolstopiatenko

    2014-01-01

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

  9. International and European law on protected areas and climate change: need for adaptation or implementation?

    Science.gov (United States)

    Cliquet, A

    2014-10-01

    The protection and management of protected areas must be adapted to the effects of climate change. An important question is if the law on protected areas is capable of dealing with the required changes. In general, both international nature conventions and European Union nature conservation law do not contain any specific provisions on climate change and protected areas. Attention has been paid to this link in non-binding decisions and policy documents. In order to adapt the law to increased dynamics from climate change, more flexibility is needed. This flexibility should not be understood as "legal" flexibility, in the sense of the weakening nature conservation provisions. Scientific uncertainties on the effects of climate change might conflict with the need for legal certainties. In order to adapt to the effects of climate change, the two crucial elements are the strengthening of core protected areas and connectivity between the core areas. At the international level, both elements can be found in non-binding documents. International law enables the required adaptation; however, it often lacks concrete obligations. A stronger legal framework can be found at the level of the European Union. The Birds and Habitats Directives contain sufficient tools to deal with the effects of climate change. The Directives have been insufficiently implemented so far. Especially the central goals of reaching a favorable conservation status and connectivity measures need to be addressed much more in the future.

  10. Business Law

    DEFF Research Database (Denmark)

    Föh, Kennet Fischer; Mandøe, Lene; Tinten, Bjarke

    Business Law is a translation of the 2nd edition of Erhvervsjura - videregående uddannelser. It is an educational textbook for the subject of business law. The textbook covers all important topic?s within business law such as the Legal System, Private International Law, Insolvency Law, Contract law......, Instruments of debt and other claims, Sale of Goods and real estate, Charges, mortgages and pledges, Guarantees, Credit agreements, Tort Law, Product liability and Insurance, Company law, Market law, Labour Law, Family Law and Law of Inheritance....

  11. 75 FR 32834 - U.S. Department of State Advisory Committee on Private International Law Study Group Notice of...

    Science.gov (United States)

    2010-06-09

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

  12. 77 FR 31682 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    Science.gov (United States)

    2012-05-29

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

  13. 77 FR 23318 - U.S. Department of State Advisory Committee on Private International Law (ACPIL); Online Dispute...

    Science.gov (United States)

    2012-04-18

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

  14. 76 FR 65318 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    Science.gov (United States)

    2011-10-20

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

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

    Science.gov (United States)

    Pashkov, Vitalii; Udovyka, Larysa; Dichko, Hanna

    2018-01-01

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

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

    International Nuclear Information System (INIS)

    Prabhu, Kartik

    2017-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Marcel Kamiyama

    2017-11-01

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

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

    Directory of Open Access Journals (Sweden)

    Ramon Loik

    2016-03-01

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

  19. Climate Justice: A Constitutional Approach to Unify the Lex Specialis Principles of International Climate Law

    Directory of Open Access Journals (Sweden)

    Teresa Thorp

    2012-11-01

    Full Text Available Legal principles legitimise ubiquitous social values. They make certain social norms lawful and legitimate. Legal principles may act as governing vectors. They may give effect to a unified and legitimate constitutional framework insofar as a constitution unifies the fundamental principles on which a state or competent authority is governed.Concerning international climate law, however, there is a certain shortcoming. The failure to comprehend a unified constitutional framework of lex specialis principles could debilitate intra and inter-regime governance and lead to uncertainties. At one time, uncertainties incite the law-making process. At another time, they constrain it. Such a shortcoming may lead to inconsistencies in interpreting consequential climate norms. It may thwart dispute resolution and it may impede climate negotiations. To traverse this abyss, the inquiry uses instruments of legal philosophy (the philosophy of language, legal systematics (the study of legal systems, and legal hermeneutics (the legal practice of interpretation to delineate, distinguish and unify lex specialis principles that could form the foundations of a universal constitutional framework of international climate law. In doing so, it shows that climate justice is a function of the quality of the legal system.

  20. The Role of International Human Rights Norms in the Liberalization of Abortion Laws Globally

    Science.gov (United States)

    Fine, Johanna B.; Mayall, Katherine; Sepúlveda, Lilian

    2017-01-01

    Abstract International and regional human rights norms have evolved significantly to recognize that the denial of abortion care in a range of circumstances violates women’s and girls’ fundamental human rights. These increasingly progressive standards have played a critical role in transforming national-level abortion laws by both influencing domestic high court decisions on abortion and serving as a critical resource in advancing law and policy reform. Courts in countries such as Argentina, Bolivia, Brazil, Colombia, and Nepal have directly incorporated these standards into groundbreaking cases liberalizing abortion laws and increasing women’s access to safe abortion services, demonstrating the influence of these human rights standards in advancing women’s reproductive freedom. These norms have also underpinned national-level abortion law and policy reform, including in countries such as Spain, Rwanda, Uruguay, and Peru. As these human rights norms further evolve and increasingly recognize abortion as a human rights imperative, these standards have the potential to bolster transformative jurisprudence and law and policy reform advancing women’s and girls’ full reproductive autonomy. PMID:28630542

  1. 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.

  2. 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”.

  3. Safety and risk, a comparison on an international scale with regard to society, law and economy

    International Nuclear Information System (INIS)

    Compes, P.C.

    1987-01-01

    More than 130 experts of different nations and different fields of science met to discuss the following subjects: Traffic and transport, labour and employment, products and commodities, energy and environment (safety concepts for fossil-fuel and nuclear power plants, international harmonisation of nuclear technical standards, harmonisation of environmental law in a European context). All contributions are presented in their original language, with abstracts in German, English, and French. (HP) [de

  4. FROM INTERNATIONAL LAW TO GLOBAL GOVERNANCE: STRUCTURAL CHANGES IN THE TRANSNATIONAL SPACE

    OpenAIRE

    Torelly, Marcelo

    2016-01-01

    The articles analyze the emergence of the concept of global governance arguing that social complexification leads to the emergence of new kinds of transnational regulation that challenge the traditional concept of international law articulated in the late XIX Century. It divides the historical development in three stages: an assembly moment, an executive moment, and judicial moment characterized by normative fragmentation and the emergence of self-contained regimes with constitutional-like fe...

  5. International Law, the Civilizing Mission and the Ambivalence of Development in Africa: Conceptual Underpinnings

    OpenAIRE

    Forji, Amin George

    2013-01-01

    International law, past and present has had to constantly wrestle with striking a balancing act between legality and imperialism. Following the Agrarian and Industrial revolutions, European1 economies increasingly witnessed profound boosts in productivity and net output beginning from the 17th century. By the start of the 19th century when explorations and discoveries were the currency of the day, European powers increasingly saw the acquisition of Africa as crucial to satisfy its economic im...

  6. Remarks on Trade Usages And Business Practices In International Sales Law

    OpenAIRE

    Leonardo Graffi

    2011-01-01

    Trade usages and business practices are key elements of international commerce. In their day-to-day activities, traders and business people around the world constantly rely upon trade usages and business practices across a variety of industries. Usages and practices tend to be dignified by the business community with a status equivalent to that of actual law. As a matter of fact, many business persons often tend to regard trade usages and business practices as very powerful tools to ensure th...

  7. Indonesia's Death Penalty Execution From the Realist View of International Law

    OpenAIRE

    Azmi, Alia

    2015-01-01

    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 c...

  8. 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.

  9. Maritime environmental penal law. International and German legislation; Maritimes Umweltstrafrecht. Voelkerrechtliche Grundlagen und deutsches Recht

    Energy Technology Data Exchange (ETDEWEB)

    Eller, Jan Frederik

    2017-07-01

    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.

  10. Joint Criminal Enterprise: The ICTY’s Contentious Addition to International Law

    DEFF Research Database (Denmark)

    Carlson, Kerstin Bree

    2008-01-01

    The ICTY does not merely represent a historical stage in the development of international criminal justice which can now be put aside and left to legal historians. It also has a lasting impact, due to the fact that its Rules of Procedure and Evidence are judge-made law, tested in the fire of court...... practice and frequently amended to take the latest developments into account. Finally, with the arrest of Slobodan Karadžić, a new chapter has been opened for the Court. This volume thus provides not only an account of all the debates revolving around the proper role of international criminal justice...... and a contribution to the developing academic discipline of “transitional justice”; it also opens up a perspective to the International Criminal Court and asks what procedural legacy the ad hoc tribunals for Yugoslavia and Ruanda provide for the future of international criminal procedure....

  11. Criminal Law

    DEFF Research Database (Denmark)

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

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

  12. Influence Of International Financial And Economic Organizations On The Development Of Russian Law

    Directory of Open Access Journals (Sweden)

    Dmitriy A. Pashencev

    2015-03-01

    Full Text Available In the present article characteristics and patterns of the impact of the international financial and economic organizations on the development of Russian law in the present-day conditions are described. It is noted, that the international financial and economic organizations firmly rooted in the world. They are based on international agreements, which participants could be also non-State structures. The role of international financial and economic organizations in the development of the negative effects of globalization and the production of global financial crisis is considered. The necessity to change the economic course of our country was proved because of the crisis and sanctions, as well as the need to find new ways of structuring the international financial and economic space, including the basis of the new inter-state unions and a new reserve currency. It is shown that the Russian domestic law should be the barrier against the destabilizing influence of transnational corporations. Legal acts of the Russian Federation defining the terms and scope of cooperation with international economic and financial organizations were analyzed. It is noted, that in accordance with applicable Russian legislation, international financial institutions have the right to invest in Russian companies, including and strategic. It is proved that the situation in the modern world and its negative manifestations determine the need for a number of effective measures and require changes in legislation. It is necessary to make changes in the current Russian legislation, first of all, investment, banking, trade, etc., to develop effective legal mechanisms for the protection of domestic producers and the national market from the expansion of multinational corporations.

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

    Directory of Open Access Journals (Sweden)

    Marina Abdul Majid

    2016-02-01

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

  14. 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.

  15. Canada, The Law of the Sea Treaty and International Payments: Where Will The Money Come From?

    Directory of Open Access Journals (Sweden)

    Wylie Spicer

    2015-09-01

    Full Text Available Canada is a party to the United Nations Convention on the Law of the Sea, having ratified it in 2003. This Convention requires parties to it to make payments in respect of oil production on their continental shelves beyond 200 miles, to an international organization which is then tasked with distributing such payments to selected States parties to the Convention, taking into account the interests of the least-developed countries.* Canada has a number of offshore licenses in the area of the continental shelf to which these payments will apply. The amount of the payments is based on the total production at the site. After 12 years of production, the Convention stipulates that the amount of the payment is seven percent of production, and remains at that percentage for the rest of the producing life at the site. It is anticipated that Canada may be the first state to be required to make these payments. The annual cost to Canada of this obligation will be in the millions of dollars. At present Canada has no framework in place to source these funds. There is a well-developed royalty regime in the offshore, but it does not contemplate this substantial requirement. This paper discusses how this requirement developed in international law, the role of Canada in its development, and how it has come to be that there is no contemplation of this requirement in the current framework of Canadian law. The paper also discusses potential solutions.

  16. What can China do to develop International Criminal Law and Justice further from the perspective of the International Criminal Court?

    Directory of Open Access Journals (Sweden)

    Hua Deng

    2016-06-01

    Full Text Available The Rome Statute, as well as the International Criminal Court (ICC, regarded as a worldwide mechanism for the fight for impunity and a better protection of human rights, has 124 State parties up to date. China, however, is still not a party to the Rome Statute, mainly because of five reasons. This article looks for promoting the academic research on the Rome Statute and the ICC to clarify some confusion, and strengthening the Chinese domestic legislation to make use of the principle of complementary jurisdiction to exclude the jurisdiction of the ICC at largest. It is possible for China to be ready to access to the Rome Statute and take part in the ICC club in the future, which is also a contribution of China to the development of the international criminal law and justice.

  17. International humanitarian law, nuclear weapons and the prospects for nuclear disarmament

    International Nuclear Information System (INIS)

    Anastassov, Anguel

    2013-11-01

    The author first recalls the general principles of the International Humanitarian Law (IHL) and outlines its main gaps (application of the notion of protected person, classification between own territory and occupied territory). Then and in this respect, he comments the various characteristics of nuclear weapons considered as explosive devices, and notably as they are thus addressed by the International Court of Justice (ICJ). He comments the legal status of the ICJ advisory opinions, and more particularly the relationship between the ICJ advisory opinion on nuclear weapons and the IHL. Different aspects are addressed and discussed: the principle of distinction, the prohibition of the use of weapons that cause unnecessary suffering or superfluous injury. The author then comments NATO's nuclear policy in the international environment, and discusses the status and condition of nuclear deterrence. In order to address prospects for nuclear disarmament, the author notably compares differences between the arms control and non-proliferation approach, and the humanitarian disarmament approach

  18. 78 FR 64260 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

    Science.gov (United States)

    2013-10-28

    ... International Law (ACPIL): Public Meeting on Cross-Border Insolvency The Office of the Assistant Legal Adviser... potential future work related to cross-border insolvency issues under consideration in the United Nations... has developed a number of instruments related to cross- border insolvency law, including the UNCITRAL...

  19. The Work of the International Law Commission at the beginning of the New Term: Crimes against Humanity and Other Topics

    Czech Academy of Sciences Publication Activity Database

    Šturma, Pavel

    2017-01-01

    Roč. 8, nemá (2017), s. 553-562 ISSN 1805-0565. E-ISSN 1805-0999 Institutional support: RVO:68378122 Keywords : codification * International Law Commission * jus cogens Subject RIV: AG - Legal Sciences OBOR OECD: Law http://www.cyil.eu/

  20. International trade and investment law: a new framework for public health and the common good.

    Science.gov (United States)

    Delany, Louise; Signal, Louise; Thomson, George

    2018-05-08

    International trade and investment agreements can have positive outcomes, but also have negative consequences that affect global health and influence fundamental health determinants: poverty, inequality and the environment. This article proposes principles and strategies for designing future international law to attain health and common good objectives. Basic principles are needed for international trade and investment agreements that are consistent with the common good, public health, and human rights. These principles should reflect the importance of reducing inequalities, along with social and environmental sustainability. Economic growth should be recognised as a means to common good objectives, rather than an end in itself. Our favoured approach is both radical and comprehensive: we describe what this approach would include and outline the strategies for its implementation, the processes and capacity building necessary for its achievement, and related governance and corporate issues. The comprehensive approach includes significant changes to current models for trade and investment agreements, in particular (i) health, social and environmental objectives would be recognised as legitimate in their own right and implemented accordingly; (ii) changes to dispute-resolution processes, both state-to-state and investor-state; (iii) greater deference to international legal frameworks for health, environmental protection, and human rights; (iv) greater coherence across the international law framework; (v) limitations on investor privileges, and (vi) enforceable corporate responsibilities for contributing to health, environmental, human rights and other common good objectives. We also identify some limited changes that could be considered as an alternative to the proposed comprehensive approach. Future research is needed to develop a range of model treaties, and on the means by which such treaties and reforms might be achieved. Such research would focus also on

  1. Private International Law in the Czech Republic: Tradition, New Experience and Prohibition of Discrimination on Grounds of Nationality

    Czech Academy of Sciences Publication Activity Database

    Pauknerová, Monika

    2008-01-01

    Roč. 4, č. 1 (2008), s. 83-105 ISSN 1744-1048 Institutional research plan: CEZ:AV0Z70680506 Keywords : private international law * nationality * prohibition of discrimination Subject RIV: AG - Legal Sciences

  2. Zpráva o Journal of Private International law Conference, Milano (14.-16.4.2011)

    Czech Academy of Sciences Publication Activity Database

    Pauknerová, Monika

    2011-01-01

    Roč. 150, č. 8 (2011), s. 831 ISSN 0231-6625 Institutional research plan: CEZ:AV0Z70680506 Keywords : private international law * conference Milano, April 14-16, 2011 Subject RIV: AG - Legal Sciences

  3. Internal Controls and Compliance with Laws and Regulations for the DOD Military Retirement Trust Fund Financial Statements for FY 1995

    National Research Council Canada - National Science Library

    1996-01-01

    ... No. 94-01, "Form and Content of Agency Financial Statements," November 16, 1993. In addition, we assessed the internal controls and compliance with laws and regulations related to the financial statements...

  4. Internal Controls and Compliance with Laws and Regulations for the DOD Military Retirement Trust Fund Financial Statements for FY 1996

    National Research Council Canada - National Science Library

    Lane, F

    1997-01-01

    ... No. 94-01, "Form and Content of Agency Financial Statements," November 16, 1993. In addition, we assessed the internal controls and compliance with laws and regulations related to the financial statements...

  5. The Need for Regulation of Cyber Terrorism Phenomena in Line With Principles of International Criminal Law

    Directory of Open Access Journals (Sweden)

    Enver BUÇAJ

    2017-03-01

    Full Text Available This paper scrutinizes and highlights imminent need to regulate cyber terrorism pheromone in line with principle of international law. In so doing, this paper intends to ascertain legal basis to regulate cyber terrorism at international level. It explains the normative conduct by drawing on adjustments of certain member states of European Union as well as from none-European member states. Particular attention will be given as to how Kosovo has addressed cyber terrorism within its legal framework of criminal acts. The paper also addresses practical consequences of cyber terrorism in context of cyber-attacks events in attempt to establish legal basis for its prevention and punishment of cyber criminals wherever it happens. The author articulates its arguments by examining the presumed threats as a result of cyber terrorism activities, as well as based on well-known cyber terrorist behaviors and constant literature that insinuate that cyber-attacks are imminent threats. Lastly, as there is neither a particular treaty nor State practices, the author considers of utmost importance to spell out different views and statistics alluding that the need to regulate cyber terrorism in line with principle of international criminal law is a necessity.

  6. The Need for Regulation of Cyber Terrorism Phenomena in Line With Principles of International Criminal Law

    Directory of Open Access Journals (Sweden)

    Enver Buçaj

    2017-03-01

    Full Text Available This paper scrutinizes and highlights imminent need to regulate cyber terrorism phenomena in line with the principle of international law. In so doing, this paper intends to ascertain legal basis to regulate cyber terrorism at international level. It explains the normative conduct by drawing on adjustments of certain member states of European Union as well as from none European member states. Particular attention will be given as to how Kosovo has addressed cyber terrorism within its legal framework of criminal acts. The paper also addresses practical consequences of cyber terrorism in the context of cyber attacks events in attempt to establish a legal basis for its prevention and punishment of cyber criminals wherever it happens. The author articulates its arguments by examining the presumed threats as a result of cyber terrorism activities, as well as based on well-known cyber terrorist behaviors and constant literature that insinuate that cyber attacks are imminent threats. Lastly, as there is neither a particular treaty nor State practices, the author considers of utmost importance to spell out different views and statistics alluding that the need to regulate cyber terrorism in line with principle of international criminal law is a necessity.

  7. The emerging international constitutional order: the implications of hierarchy in international law for the coherence and legitimacy of international decision-making

    Directory of Open Access Journals (Sweden)

    E de Wet

    2007-11-01

    Full Text Available The article examines the contours and implications of the emerging international constitutional order. The "constitutional" nature of this order relates to the fact that it contains certain fundamental substantive and structural norms that form a supreme legal framework for the exercise of public power. The substantive elements primarily include the value system of the international legal order, meaning norms of positive law with a strong ethical underpinning (notably human rights norms that have acquired a special hierarchical standing vis-à-vis other international norms through state practice. The structural elements refer to the subjects of the international legal order that collectively constitute the international community (polity, as well as the mechanisms for enforcement of the international value system. This vision of an international constitutional model is inspired by the intensification in the shift of public decision-making away from the nation state towards international actors of a regional (for example EU or functional (for example WTO, UN nature, and its eroding impact on the notion of a “total” constitutional order, where the fundamental substantive and structural norms that form the supreme legal framework for the exercise of public power are concentrated in the nation state. It is also inspired by the belief that such a supreme legal framework is only possible in a system where different national, regional and functional legal orders complement each other in order to form an international constitutional order.

  8. Identifying a Human Right to Access Sustainable Energy Services in International Human Rights Law (SDG 7)? (LRN Law and Sustainability Conference)

    NARCIS (Netherlands)

    Hesselman, Marlies

    2017-01-01

    This paper assessed whether a right to sustainable energy services access can be found in international human rights law, possibly in support of achieving UN Sustainable Development Goal 7. According to SDG 7.1, States are expected to strive for the implementation of "universal access to modern,

  9. [Women are human: Brief guide on international human rights law for psychiatrists].

    Science.gov (United States)

    Sobredo, Laura D

    2017-07-01

    Violence against women has gained public awareness in Argentina over the last few years. As any other social phenomena, gender violence is present in the work of psychiatrists, especially in the way they approach to clinical practice. International human rights' law enshrines the right of every women to live free from violence and to be treated with dignity and respect. This legal framework might nourish the practice of psychiatrists as a proposal for seeking cultural and social common grounds. The paper tries to get readers attention on the potentiality of this legal framework which ultimately, might in?uence not only everyday life but clinical practice as well.

  10. The Colombian Policy of Rewards from the perspective of International Humanitarian Law

    Directory of Open Access Journals (Sweden)

    Manuel Galvis - Martínez

    2010-12-01

    Full Text Available The scandal caused by the assassination of a guerrilla leader by one of his subordinates and the payment of a substantial economic reward made to him by the State, led to the first questionings regarding the legality of the reward system in Colombia. This article seeks to establish if the state spon sored reward policy respects the rules of International Humanitarian Law applicable to the Colombian armed conflict. For this purpose the article will analyze both the legislative development and three of the most controversial situations raised in practice which prove the range and effects of the use of rewards as a strategic tactic within the armed conflict.

  11. The prohibition of financing of terrorism in the light of international law and regulations of the Republic of Serbia

    Directory of Open Access Journals (Sweden)

    Cmiljanić Bajo M.

    2011-01-01

    Full Text Available Terrorist acts are sometimes carried out in order to obtain funds for financing terrorist organizations and terrorist actions. Therefore, due attention in considering the forms of combat against terrorism has been paid to the connection between money and violence. The issue of prohibition of financing of terrorism is the subject of many international legal documents. Republic of Serbia has devoted many normative documents to this problem, that are harmonized with the international obligations accepted upon the signing of international treaties. The task of this paper is to show the basic norms of international law and the laws of the Republic of Serbia regarding the prohibition of financing of terrorism.

  12. Environmental law

    International Nuclear Information System (INIS)

    Ketteler, G.; Kippels, K.

    1988-01-01

    In section I 'Basic principles' the following topics are considered: Constitutional-legal aspects of environmental protection, e.g. nuclear hazards and the remaining risk; European environmental law; international environmental law; administrative law, private law and criminal law relating to the environment; basic principles of environmental law, the instruments of public environmental law. Section II 'Special areas of law' is concerned with the law on water and waste, prevention of air pollution, nature conservation and care of the countryside. Legal decisions and literature up to June 1988 have been taken into consideration. (orig./RST) [de

  13. Nuclear energy - the century's principles of law and good conduct in international nuclear trade

    International Nuclear Information System (INIS)

    Coimbra, G.L.

    1992-01-01

    This paper considers the object and nature of the models of nuclear co-operation between Brazil and developed countries, with regard to the peaceful uses of nuclear energy. As an observer, the author analyses some of the juridicial and ethical aspects of the Brazilian Nuclear Programme. She examines some of the realities to be faced, and points out how important it is to anticipate and take necessary steps in order that difficulties, which are easily identifiable, may be reversed in the near future. The author also calls into question the means for reversal of the current situation, so as to satisfy the parties concerned: Brazil and her potential partners. Finally, the paper aims at complying with the conclusions reached by Working Group number 3 of the International Law Association on ''The Principles of Good Conduct in the International Nuclear Trade''. (author)

  14. Biomedicine and international human rights law: in search of a global consensus.

    Science.gov (United States)

    Andorno, Roberto

    2002-01-01

    Global challenges raised by biomedical advances require global responses. Some international organizations have made significant efforts over the last few years to establish common standards that can be regarded as the beginning of an international biomedical law. One of the main features of this new legal discipline is the integration of its principles into a human rights framework. This strategy seems the most appropriate, given the role of "universal ethics" that human rights play in our world of philosophical pluralism. In addition to the general standards that are gradually being established, a widespread consensus exists on the urgency of preventing two specific procedures: human germ-line interventions and human reproductive cloning. PMID:12571724

  15. THE HAGUE PRINCIPLES ON CHOICE OF LAW IN INTERNATIONAL COMMERCIAL CONTRACTS

    Directory of Open Access Journals (Sweden)

    Dimitrios K. STAMATIADIS

    2017-01-01

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

  16. Gross human rights violations and reparation under international law: approaching rehabilitation as a form of reparation.

    Science.gov (United States)

    Sveaass, Nora

    2013-01-01

    The strengthening of international criminal law through an increased focus on the right to reparation and rehabilitation for victims of crimes against humanity represents an important challenge to health professionals, particularly to those in the field of trauma research and treatment. A brief outline of some developments in the field of international law and justice for victims of gross human rights violations is presented, with a focus on the right to reparation including the means for rehabilitation. The fulfillment of this right is a complex endeavor which raises many questions. The road to justice and reparation for those whose rights have been brutally violated is long and burdensome. The active presence of trauma-informed health professionals in this process is a priority. Some of the issues raised within the context of states' obligations to provide and ensure redress and rehabilitation to those subjected to torture and gross human rights violations are discussed, and in particular how rehabilitation can be understood and responded to by health professionals.

  17. What's Wrong? Publishing in International Peer-Reviewed Journals on Russian Law

    Directory of Open Access Journals (Sweden)

    Thomas Kruessmann

    2016-01-01

    Full Text Available Then pursuing publications in international peer-reviewed journals, many legal scholars from Russia and the wider post-Soviet space face severe difficulties. This paper looks atthe reasons for these difficulties in two analytical steps. Firstly, it offers aquantitative analysis of the output of the two leading international law journals that accept submissions on doctrinal law to see how often in the two preceding years (2014 and 2015 postSoviet legal scholars with their main place of work at a university have made it into these journals. Secondly, it asks what the qualitative standards for publication in such journals are and why they are at odds specifically with the scholarly tradition in the wider post-Soviet space. The main finding of the paper is that there is a mismatch between the high goals posed by university administrators in elevating universities to some standard of excellence and the limitations presented in the field of legal scholarship. The conclusion is that a substantive re-thinking of the approach to legal scholarship is required. The introduction of ‘early legal writing’ at least at the level of master studies is one recommendation to adequately prepare a future generation of legal scholars.

  18. Influence of World Wars on the Development of International Law on War Prisoners

    Directory of Open Access Journals (Sweden)

    Sidorov Sergey

    2014-11-01

    Full Text Available The Regulations on laws and customs of land warfare of 1907 that existed during World War I did not protect war prisoners. The tragic experience forced us to return tothe problem of protection of the rights of the victims of war. The Geneva Convention on the war prisoners of 1929 was the first document of international law in which the status of war prisoners was determined in detail. The Soviet Union did not join the states which had signed the Convention, and during the World War II it was guided by its national legislation confirmed by the Soviet Government on July 1, 1941. On the whole, the items of the Regulations on War Prisoners adopted in 1941 corresponded to the Geneva Convention. But non-recognition of the international convention provided the heads of fascist Germany with the reason for inhuman treatment of the Soviet captives. Serious consequences of war compelled the world community to pay the closest attention to the issues of military captivity again. On August 12, 1949 in Geneva the Soviet Union joined the new Convention on prisoners.

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

    Directory of Open Access Journals (Sweden)

    Roxana Banu

    2013-02-01

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

  20. 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.

  1. Measurement of Henry's Law Constants Using Internal Standards: A Quantitative GC Experiment for the Instrumental Analysis or Environmental Chemistry Laboratory

    Science.gov (United States)

    Ji, Chang; Boisvert, Susanne M.; Arida, Ann-Marie C.; Day, Shannon E.

    2008-01-01

    An internal standard method applicable to undergraduate instrumental analysis or environmental chemistry laboratory has been designed and tested to determine the Henry's law constants for a series of alkyl nitriles. In this method, a mixture of the analytes and an internal standard is prepared and used to make a standard solution (organic solvent)…

  2. 76 FR 56865 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

    Science.gov (United States)

    2011-09-14

    ... International Law (ACPIL): Public Meeting on Electronic Commerce The Department of State, Office of Legal... future work of Working Group IV (international electronic commerce) of the United Nations Commission on... electronic commerce. The report of the Forty-fourth session of UNCITRAL describes the future work of Group IV...

  3. 76 FR 77584 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

    Science.gov (United States)

    2011-12-13

    ... International Law (ACPIL): Public Meeting on Electronic Commerce The Department of State, Office of Legal... electronic transferable records. Working Group IV (international electronic commerce) of the United Nations... electronic transferable records. A report from that meeting, once it is published, should be available at...

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

    Science.gov (United States)

    Kuppuswamy, Chamundeeswari

    2007-01-01

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

  5. The Line between Peaceful Settlement of Disputes and the Use of Force in International Law

    Directory of Open Access Journals (Sweden)

    Oana Cristina Necula

    2012-12-01

    Full Text Available In this article, we attempt to analyze the evolution of a conflictual situation between atleast two international parties, examining each stage involved, with focus on peaceful solutions.However, what we observe is that no all disputes can be resolved through the use of common peacefulmeans. Refusing to accept violet methods of international conflict resolution and expressing faith inhuman values, freedom and fundamental rights of people, we believe that, in cases like these,imposing peaceful coercive measures in order to restore cooperation between states, becomesnecessary. These actions specifically, represent the subject of this paper. First and foremost, we mustunderstand that the international system is not a stand-alone one, butone that has evolved over theyears from tribes, empires and colonies, being at this moment composed of sovereign nation states,most of them allies as part of inter-governmental organizations. We are currently witnessing thecreating of a new subject of international law-the European Union-which does not aim to become anational state, an inter-state organization, or a federation of states. It selectively combines the featuresof these, creating a whole new international entity, whose evolution is still unknown, but that willundoubtedly change the system certainly in a gradual manner.In the midst of all thesetransformations of the international world lie the differences between mentalities and humanbehavior, or maybe even the similarities between them. These get translated into conflicts and theirresolution is intended to be as least invasive as possible, eventually leading to the development oflegal instruments designed to protect the freedom and sovereignty of the parties involved.

  6. Labour Law for Persons with Disability in Iran: From First International Efforts to Decent Work

    Directory of Open Access Journals (Sweden)

    Saeed Reza Abadi

    2012-04-01

    Full Text Available Objective: Analysis and Matching the legal system of Work for Persons with disability in Iran with Standards of International Labor Organization concerning to Decent Work. Materials & Methods: In this descriptive – Analytic study , after studying International efforts around Labor law for Persons With Disability , in the context of general and special Human rights documents and ILO ‘s Standards, the present Legal system for the work of persons with disability in Iran, Include Laws and Regulations has been considered by Using the Library – documentation method. Results: In the scope of fundamental Rights, Iranian legal system 1- About Disabled compulsory Work has enough guarantees like other workers, and there is not any deficiency. 2- About Freedom of syndicalism: there is not any deficiency too, and there is not any limitation for Disabled workers and employers membership in present associations. 3- In subject of equal remuneration, despite of non-ratification any special approval, but the Base Wage has determined the same for disabled workers (like the others in article 41 of the Labor Law. 4- About nondiscrimination, also based on present legal foundations, any kind of discrimination because of disability has been prohibited, and in field of employment, by ratification the comprehensive law recently in 2004 and by joining to convention for persons with disability in 2008 has taken serious steps too. Specially the significant gap of facilities presented in various areas of rationing public sector employment, Direct and Indirect Educational services for entering the labor market , and self –employment between war reterans and other groups of disability has been narrowed. Conclusion: Based on results of present comparative research, legal principles for fundamental Rights of vocation for people with disabilities in Iran attempt to meet the basic standards of Decent Work and thus it seems that the crucial issue, besides the passing the

  7. World law

    Directory of Open Access Journals (Sweden)

    Harold J. Berman

    1999-03-01

    Full Text Available In the third millennium of the Christian era, which is characterised by the emergence of a world economy and eventually a world society, the concept of world law is needed to embrace not only the traditional disciplines of public international law, and comparative law, but also the common underlying legal principles applicable in world trade, world finance, transnational transfer of technology and other fields of world economic law, as well as in such emerging fields as the protection of the world's environment and the protection of universal human rights. World law combines inter-state law with the common law of humanity and the customary law of various world communities.

  8. Analysis on traditional fishing grounds in Indonesia`s Natuna waters under International Law

    Science.gov (United States)

    Kurniaty, R.; Ikaningtyas; Ruslijanto, P. A.

    2018-04-01

    This paper examines the boundary tension between Indonesia and China regarding traditional fishing ground in Natuna. Indonesia`s Natuna island is claimed by the China government as its traditional fishing zone/ground. The inclusion of Natuna territory into China`s traditional fishing zone brings new problems to Indonesia, especially with the Chinese ships docked and entered Indonesia`s exclusive economic zone, as well as several cases of illegal fishing over the territorial waters of Indonesia. Claims on traditional fishing zones have the potential to threaten the sovereignty of the Indonesian territory. This study aims to analyze the claims of the traditional fishing rights of China over the waters of the Natuna Islands under international law, especially UNCLOS 1982. This study revealed that the china`s argument of traditional fishing ground in Natuna to the nine dash line map is a unilateral claim, there is no international legal norm that can be used as the legal basis. Indonesia and some ASEAN countries have Internationally validated bilateral agreement on the continental shelf (i.e. Indonesia-Vietnam and Indonesia-Malaysia) thus the inclusion of Natuna into China`s nine dash line map rejects the legal status of Indonesian water under UNCLOS 1982.

  9. The US business cycle: power law scaling for interacting units with complex internal structure

    Science.gov (United States)

    Ormerod, Paul

    2002-11-01

    In the social sciences, there is increasing evidence of the existence of power law distributions. The distribution of recessions in capitalist economies has recently been shown to follow such a distribution. The preferred explanation for this is self-organised criticality. Gene Stanley and colleagues propose an alternative, namely that power law scaling can arise from the interplay between random multiplicative growth and the complex structure of the units composing the system. This paper offers a parsimonious model of the US business cycle based on similar principles. The business cycle, along with long-term growth, is one of the two features which distinguishes capitalism from all previously existing societies. Yet, economics lacks a satisfactory theory of the cycle. The source of cycles is posited in economic theory to be a series of random shocks which are external to the system. In this model, the cycle is an internal feature of the system, arising from the level of industrial concentration of the agents and the interactions between them. The model-in contrast to existing economic theories of the cycle-accounts for the key features of output growth in the US business cycle in the 20th century.

  10. THE SIGNIFICANCE OF THE COMPLEMENTARITY PRINCIPLE WITHIN THE ROME STATUTE IN INTERNATIONAL CRIMINAL LAW

    Directory of Open Access Journals (Sweden)

    Heribertus Jaka Triyana

    2014-03-01

    Full Text Available In practice, the application of the complementarity principle in the Rome Statute remains unclear, particularly with respect to the prioritization of national penal law jurisdiction. This paper willdiscuss the relevance of the complementarity principle to the development of a national criminal justice system and to the investigation and prosecution of the most serious crimes provided for in the Statute. It was concluded that the complementarity principle should be used to unravel the twisted development of the national criminal justice system in accordance with the provisions of international law. We need to establish our national criminal justice system as the main and foremost forum (hence, willing and able in the process of investigating and prosecuting the most serious crimes on earth. Dalam praktik, aplikasi Asas Pelengkap (the complementarity principle dalam Statuta Roma masihbelum jelas, khususnya terkait dengan pengutamaan (prioritization yurisdiksi hukum pidana nasional. Oleh karena itu, tulisan ini akan membahas relevansi asas tersebut terhadap pembangunan sistem hukum pidana nasional dan terhadap penyelidikan dan penuntutan kejahatan paling serius yang diatur dalam Statuta. Disimpulkan bahwa Asas Pelengkap harus Mahkamah digunakan sebagai pengurai benang kusutpembangunan sistem hukum pidana nasional Indonesia sesuai dengan ketentuan hukum internasional supaya menjadi forum utama (mau dan mampu dalam proses penyelidikan dan penuntutan kejahatan paling serius di muka bumi.

  11. Proceedings of the CISDEN meeting on present problems in Community and international law in the nuclear field

    International Nuclear Information System (INIS)

    1981-06-01

    These proceedings of the meeting of the Italian Nuclear Law Study Centre reproduce in full the three papers presented, together with the ensuing discussions. The papers respectively deal with the recent Constitutional Court Decision opposing a referendum on nuclear power plant site selection; international contracts -private autonomy and State law- and the incidence of recent trends on nuclear contracts; problems in relation to the entry into force of the 1980 Euratom radiation protection directive and the revision of relevant Italian regulations. (NEA) [fr

  12. Annual report 34-37 on the activities of the Institute for International Law of the University of Goettingen

    International Nuclear Information System (INIS)

    1986-01-01

    The report reviews the scientific activities of the institute from 1982 to 1985. The Department for Atomic Energy Law continued with research and documentation dealing with all legal questions concerning the peaceful use of nuclear energy and the protection against ionising radiation, including international law agreements and the safeguards system. The subjects of all seminars held are listed, the theses and other publications, and also other scientific activities outside the institute. (HSCH) [de

  13. The importance of decolonizing International Human Rights Law: The prior consultation in Colombia case

    Directory of Open Access Journals (Sweden)

    Jimena Sierra-Camargo

    2017-08-01

    Full Text Available Prior consultation has been recognized as one of the most emancipatory instruments within the framework of international human rights law, which currently allows indigenous peoples and ethnic communities defend their territories. Nevertheless, in some cases the prior consultation has had an ambivalent use by other agents who have used this instrument for different purposes than those stated in ILO Convention 169 and that have caused serious damages on these groups. In this sense, the main purpose of this article is to question the ambivalent use of prior consultation in Colombia from the perspective of ‘decolonial thinking’, and in particular, from the notion of ‘coloniality’. I argue that the problem of the restrictions and limitations of the prior consultation described in this article is due to the colonial bias of this instrument, which in turn is embedded in a liberal rationality.

  14. 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)

  15. Trade restrictions as a means of enforcing compliance with international environmental law. Montreal Protocol on Substances that Deplete the Ozone Layer

    International Nuclear Information System (INIS)

    Lang, W.

    1996-01-01

    The contribution reviews primarily Art. 4 of the Montreal Protocol and its efficiency for enforcing compliance with obligations under international environmental law and discusses aspects of possible conflicts with GATT law. (CB)

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

    Directory of Open Access Journals (Sweden)

    Matorina T.A.

    2017-02-01

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

  17. To What Extent International Law Constitutes an Appropriate Answer to Nuclear Accidents?

    International Nuclear Information System (INIS)

    Durand-Poudret, E.

    2015-01-01

    Regulating high risks activities has always been an ambitious task as the regime shall both prevent and compensate the potential damage of such activities. It becomes even more complex with nuclear energy as radioactivity possesses this transboundary character which implies an international cooperation. The need for an appropriate framework for nuclear energy started to raise in the 60s, when States realise that the classic liability system was not relevant for that kind of activity. The Paris and Vienna conventions were subsequently adopted in order to fill this legal gap. Nonetheless, the real turning point remains the Chernobyl accident which resulted in a considerable number of new international instruments as 5 conventions were adopted in the fields of safety and emergency preparedness within a 11 years period: the Convention on Early Notification of a Nuclear Accident, the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency, the Convention on Nuclear Safety, the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management and the Convention on Supplementary Compensation for Nuclear Damage. This catastrophe was also the occasion to identify and mitigate the shortcomings of the existing regime in undertaking a revision process through several supplementary protocols, the Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention, the Protocol to Amend the Vienna Convention on Civil Liability for Nuclear Damage. 25 years after Chernobyl, another tragic nuclear event occurred in Fukushima. Once again it challenged the efficiency of the existing international regime and raises the question as to whether international law represents a relevant solution to such accident. (author)

  18. Agreements concluded by the Federal Republic of Germany under international law in the field of environmental protection. Annex: Treaties with the GDR. (Source index in the Federal Law Gazette, part II). (As of September 15, 1987)

    International Nuclear Information System (INIS)

    Lohse, S.

    1987-01-01

    This compilation contains all agreements under international law in the field of environmental protection, the FRG has joined and that have been published and/or announced in the Federal Law Gazette, part II. The summary is of September 15, 1987. The classification is made according to the subjects: waste management law, pollution abatement law, nuclear law and energy and mining law and within these according to the date of treaty/agreement. For easier access, there are a chronological index, an index of the contracting states and an index of the places of contract. In the annex the relevant treaties with the German Democratic Republic are indicated. (orig./HP) [de

  19. International nuclear law in the 25 years between Chernobyl and Fukushima and beyond

    International Nuclear Information System (INIS)

    Selma Kus

    2011-01-01

    This paper is dedicated both to legal developments since the accident at the Chernobyl nuclear power plant 25 years ago and possible legal implications of the accidents at Fukushima Daiichi which occurred after Japan was struck by a devastating earthquake on 11 March 2011. Following the accident at Three Mile Island in 1979 and at Chernobyl in 1986, Fukushima will be remembered as the third major accident in the history of civilian nuclear power reactors. Yet Chernobyl was and remains the worst trauma in this history as a result of which nuclear developments slowed down significantly. Eventually, the industry emerged as a safer and stronger technology, particularly because the 25 years between Chernobyl and Fukushima were marked by an exceptional national and international commitment to nuclear safety and emergency preparedness so as to prevent accidents and minimise potential damages, if such occur. From a legal point of view it is safe to say that the nuclear industry is one of the most strictly regulated. However, it is equally safe to say that there is no zero risk technology and that accidents can happen. For several weeks after the tragic events in Japan the world's focus turned - justifiably so - to the Fukushima Daiichi nuclear power units. It was nevertheless astonishing to observe that the real tragedy, the terrible loss of lives, swept away villages, and the chaos following the breakdown of all kinds of infrastructure were treated as a sideshow compared with the dramatic images of explosions at the Fukushima Daiichi units and helicopters trying to drop seawater into the spent fuel pools. The live broadcasting of accidents might present one of the first lessons to be learnt in our Internet and 24-hour news channel era which did not exist at the time of Chernobyl. The international legal community will also face challenges as the accident has put 25 years of international co-operation and international nuclear law-making to its first serious test. The

  20. Application of the United Nations convention on contracts for TEH international sale of goods when the rules of private international law lead to the application of the law of a contracting state

    Directory of Open Access Journals (Sweden)

    Jovanović Marko

    2014-01-01

    Full Text Available The paper examines the problems with respect to the application of the UN Sales Convention (CISG by virtue of its Article 1(1(b. To that effect, the author analyzes the legal nature of this provision, describes the prerequisites for its application and explains the relevance of different rules of private international law for the application of the CISG. A special attention is given to the effects of Article 95 reservation. The author presents arguments against a widely spread opinion that the Article 1(1(b is in itself a conflict-of-laws rule, suggests that this provision is suitable to be applied both by courts and arbitral tribunals and explains the importance of the rules on classification and renvoi for the application of the CISG. With respect to the effect of Article 95 reservation, the author gives precedence to the position of the applicable law, rather than the law of the forum, concerning this reservation.

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

    Directory of Open Access Journals (Sweden)

    Cedric De Koker

    2015-08-01

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

  2. Certain Legal Aspects of the Himalaya Clause in the Contract of International Carriage of Goods by Sea A critical perspective on legal challenges raised by the clause under international uniform law and general contract law principles

    OpenAIRE

    Blaskovic, Igor

    2013-01-01

    Description of the Himalaya clause and its benefits; considerations on benefits for third parties over international uniform law; observations on construction of the clause under the model of the contract for the benefit of a third party; remarks on circular indemnity clauses; application of rules of exclusion of liability to Himalaya clause; conclusion.

  3. Interpretation of the “Refugee” Term in the International Legal Acts and Laws of the CIS Countries

    Directory of Open Access Journals (Sweden)

    Gennadij A. Borisov

    2017-06-01

    Full Text Available The article describes peculiarities of the "refugee" term interpretation in the international legal acts and laws of the CIS countries. In particular, much attention is paid to its usage in the UN Convention of 1951 “About the status of refugees” and Protocol to it of 1967, and also in the Laws of the Russian Federation (Federal Law of 19.02 1993 No 4528-I “About refugees”, Armenia (The Law of the Armenia Republic of 16.01.2007 No ЗР-47 “About refugees and asylum”, Belarus (The Law of the Belarus Republic of 23.06 2008 No 354-З “About granting to citizens and people with no citizenship a refugee status, additional or temporal protection in the Belarus Republic” and Ukraine (The Law of Ukraine of 08.07.2011 No 3671-VI “About refugees and people who need additional or temporal protection”. Specific features of the interpretation of the concept of "refugee" in the legal system of these states are defined. The article gives arguments as for a single approach to the “refugee” term interpretation that must be legally confirmed within every country by a traditional international definition.

  4. International contracts - private autonomy and State law: consideration of recent trends with particular attention to their effect on nuclear contracts

    International Nuclear Information System (INIS)

    Carbone, Sergio

    1981-01-01

    This paper provides a description of several types of international contracts and their clauses, in particular in relation to their limitations which are partly due to compliance with the law of the countries concerned. The actions of private business concerns are increasingly conditioned by the position taken at government level, while States in turn are governed by commitments under Treaties they have concluded, e.g. the International Monetary Fund Treaty and the 1980 Rome Convention relating to contractual obligations. The author also deals with private autonomy and international contracts in the context of the development of international economic relationships. (NEA) [fr

  5. The nuclear industry contribution to the international norm elaboration. Phenomenon approach in radiation protection law

    International Nuclear Information System (INIS)

    Lajoinie, O.

    2002-01-01

    The object of this study,strictly speaking, will exceed the radiation protection law. The radiation protection law has been defined as the whole of legal standards aiming the workers and public protection (so natural environment of the public) against ionizing radiations. The look on standards will be broadened to specific standards out of these ones included in law. (N.C.)

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

    DEFF Research Database (Denmark)

    Carlson, Kerstin Bree

    2013-01-01

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

  7. 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 ...

  8. Corporations and the Uses of Law: International Investment Arbitration as a “Multilateral Legal Order

    Directory of Open Access Journals (Sweden)

    Peter Muchlinski

    2011-05-01

    Full Text Available This paper seeks to examine the claim, made by certain legal scholars, that international investment law, though based mainly on Bilateral Investment Treaties (BITs is in fact a multilateral order that introduces principles of an emergent “global administrative law” into the regulation of state conduct in relation to foreign investors and their investments. Such scholars argue that this order develops through the decisions of investor-State arbitral tribunals which are creating a harmonised understanding of the meaning of BIT provisions and an institutional system of adjudication that furthers the development of global administrative principles. Through a critical examination of this approach the paper argues that this field is not a multilateral order but an unstructured process of privatised legal entrepreneurship which seeks to further a professional interest in developing an extensive, investor friendly, regime of BITs. Furthermore, that process fails as a means of providing effective or legitimate legal review of administrative action.  The argument is made both on a theoretical level and by a review of a specific issue in international investment law, namely, the development of  wider types of claims and the rise of so-called “treaty shopping” by means of corporate group structuring.  In particular the multi-jurisdictional location of various affiliates in a multinational enterprise creates a network of potential claimants in investor state disputes, giving rise to the risk of multiple claims, while the possibility of setting up affiliates in various jurisdictions creates opportunities for “treaty shopping”. “Treaty shopping” involves the enterprise locating an affiliate in a jurisdiction that has signed an investment protection treaty with the host country, allowing various affiliates and/or the parent in a group enterprise to benefit from treaty protection even though they possess the nationality of a state that has no

  9. The UNGA Resolutions on the Rule of Law at the National and International Levels, 2006-Post 2015

    NARCIS (Netherlands)

    Janse, R.

    2014-01-01

    For almost a decade, the un General Assembly (unga) has adopted annual resolutions on ‘the rule of law at the national and international levels.’ Moreover, the unga has held a High-level Meeting in September 2012 where Heads of State and Government discussed the topic for the first time ever and

  10. 78 FR 64259 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    Science.gov (United States)

    2013-10-28

    ... International Law (ACPIL)--Online Dispute Resolution (ODR) Study Group The Office of the Assistant Legal Adviser... resolving both business to business and business to consumer cross-border electronic commerce disputes. The... information. Data from the public is requested pursuant to Pub. L. 99-399 (Omnibus Diplomatic Security and...

  11. The Role of International Investment Law in Renewable Energy Investment; focus on Build Operate and Transfer (BOT) Contracts

    OpenAIRE

    Adetiloye, Idowu Adejoke

    2014-01-01

    Renewable energy is one of the ways of reducing greenhouse gas emission. There is need for more investment in this sector. However, lack of stable regulatory framework and change in policy makes it unattractive to investors. International investment laws through its protections in investment agreement can help to mitigate risks considered by investors especially those with Build, Operate and Transfer (BOT) type of contracts.

  12. 78 FR 69172 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

    Science.gov (United States)

    2013-11-18

    ... International Law (ACPIL): Public Meeting on Electronic Commerce The Office of the Assistant Legal Adviser for... IV (electronic commerce), the UNCITRAL Secretariat has prepared draft provisions on electronic...://www.uncitral.org/uncitral/en/commission/working_groups/4Electronic_Commerce.html . This Working Paper...

  13. 78 FR 19062 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

    Science.gov (United States)

    2013-03-28

    ... International Law (ACPIL): Public Meeting on Electronic Commerce The Office of the Assistant Legal Adviser for... UNCITRAL's Working Group IV (electronic commerce), the UNCITRAL Secretariat has prepared draft provisions... on electronic transferable records. The public meeting will take place on Tuesday, April 30, 2013...

  14. 76 FR 19826 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Notice of...

    Science.gov (United States)

    2011-04-08

    ... consumer cross-border electronic commerce disputes. At the May meeting, the UNCITRAL Working Group will consider inter alia ODR procedural rules for resolution of cross-border electronic commerce disputes. For... International Law (ACPIL): Notice of Public Meeting of Its Online Dispute Resolution (ODR) Study Group The...

  15. 75 FR 66420 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Online Dispute...

    Science.gov (United States)

    2010-10-28

    ... B2C e-commerce contract disputes on the basis of a state-sponsored cooperative framework and model... International Law (ACPIL): Online Dispute Resolution (ODR) Study Group The Department of State, Office of Legal... upcoming work in UNCITRAL on the development of legal instruments regarding online dispute resolution for...

  16. 77 FR 1972 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    Science.gov (United States)

    2012-01-12

    ... business to consumer cross-border electronic commerce disputes. The Working Group has been considering, inter alia, ODR procedural rules for resolution of cross-border electronic commerce disputes. For the... International Law (ACPIL)--Online Dispute Resolution (ODR) Study Group Meeting The Office of Private...

  17. 78 FR 24783 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    Science.gov (United States)

    2013-04-26

    ... both business to business and business to consumer cross-border electronic commerce disputes. The... electronic commerce disputes, along with separate legal instruments that may take the form of annexes on... International Law (ACPIL)--Online Dispute Resolution (ODR) Study Group The Office of the Assistant Legal Adviser...

  18. 77 FR 58607 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    Science.gov (United States)

    2012-09-21

    ... International Law (ACPIL)--Online Dispute Resolution (ODR) Study Group The Office of the Assistant Legal Adviser... UNCITRAL ODR Working Group, scheduled for November 5-9 in Vienna, and will specifically address security issues relating to the use of the ODR Rules, including measures to address the risk of fraud involving...

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

    Directory of Open Access Journals (Sweden)

    Alejandro Carballo Leyda

    2008-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Tomasz Zych

    2009-10-01

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

  1. [Penrose's law: reality or fiction? Mental health system and the size of prison population - international overview].

    Science.gov (United States)

    Kalapos, Miklós Péter

    2009-07-12

    According to the Penrose's law, outlined on the basis of a comparative study of European statistics, there is an inverse relationship between the number of psychiatric beds and prison population. Based on international data, interrelationship among prison, asylum, psychiatric disease and criminal action are investigated in the present study, paying particular attention to the event of deinstitutionalization. Prevalence of mental and addictive diseases as well as psychological disturbances in prison is characterized by epidemiological data. As proposed by Penrose, an inverse relationship between the number of psychiatric beds and prison population can be observed in Hungary, too. To get a deeper insight into the mainstream of the events, economic, sociological, philosophical, as well as therapeutic aspects initializing deinstitutionalization are highlighted in the course of analysis. On the basis of data, it can be assumed that members the same population are confined to both systems. The author arrives at the conclusion that deinstitutionalization has in fact led to trans-institutionalization, because of, on one hand, the limited capacity of community treatment facilities; on the other hand, the community treatment itself cannot provide adequate treatment options to those suffering from severe, chronic mental diseases or comorbid states. In addition, the rate of financial support and the methods for prevention and treatment are insufficient to protect patients from the effects of revolving door.

  2. 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.

  3. What will be the effect of European Internal Market on interpretation of German nuclear law?

    International Nuclear Information System (INIS)

    Schattke, H.

    1991-01-01

    A case study of community law comes to the following results: 1) The Single European Act is to improve, and not impair, the state of integration in the EC achieved so far. 2) National limitations of transboundary, free service transactions are only allowed on national territories in the interest of protecting the population against health hazards. 3) True to say, there are no properly formulated European basic rights, but there is an unwritten, by the European Court of Justice accepted European basic rights catalogue, which resembles German basic rights. 4) Primary and secondary EC community law has priority over corresponding national law. 5) Prior-ranking of European law does not mean voidness of corresponding national law, but lower priority, always related to individual cases. 6) Prior-ranking of EC community law commits those in Federal Government and Laender authorities and in the courts who are concerned with the application of law, to interprete German law in a way conform with Community law. (orig./HSCH) [de

  4. Revisiting the Humanisation of International Law: Limits and Potential : Obligations Erga Omnes, Hierarchy of Rules and the Principle of Due Diligence as the Basis for Further Humanisation

    NARCIS (Netherlands)

    V.P. Tzevelekos (Vassilis)

    2013-01-01

    textabstractThe article critically evaluates the theory of the humanisation of international law. First, it argues that despite human rights having impact on (other areas of) international law, this trend has in the past been somewhat inflated. A number of examples are given where human rights have

  5. Rule of Law Assistance: DOD Should Assess Workforce Size of Defense Institute of International Legal Studies

    Science.gov (United States)

    2016-12-01

    building assistance Targeted, multiphase engagements catered to a country’s rule of law needs, such as modernizing military legislation and...own Judge Advocates General and that these provide rule of law training catered to addressing local issues, which may not be standardized across

  6. The right to food in international law with case studies from The Netherlands and Belgium

    NARCIS (Netherlands)

    Wernaart, Bart; Meulen, van der Bernd

    2017-01-01

    In this chapter, the enforceability of the right to adequate food is discussed in the context of industrialized countries. The right to food as a human right can be considered the fundament of food law. Human rights in themselves occupy a special position in the field of law. On the one hand they

  7. Developing Educationists as Globally Competent Education Law Researchers for International Interdisciplinary Research: A South African Perspective

    Science.gov (United States)

    Beckmann, Johan; Prinsloo, Justus

    2015-01-01

    This article discusses the role of the hybrid field of law education and its status in South Africa. The authors suggest that, in their consideration of education law, it should be understood as the particular collection of legal rules that regulate all activities and relationships in education. These legal rules as applied in education are…

  8. 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,

  9. 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

  10. Non-Standard Workers: The South African Context, International Law and Regulation by The European Union

    Directory of Open Access Journals (Sweden)

    ES Fourie

    2008-12-01

    Full Text Available The current labour market has many forms of employment relations that differ from full-time employment. "Atypical," "non-standard," or even "marginal" are terms used to describe these new workers and include, amongst others, part-time work, contract work, self-employment, temporary, fixed-term, seasonal, casual, piece-rate work, employees supplied by employment agencies, home workers and those employed in the informal economy. These workers are often paid for results rather than time. Their vulnerability is linked in many instances to the absence of an employment relationship or the existence of a flimsy one. Most of these workers are unskilled or work in sectors with limited trade union organisation and limited coverage by collective bargaining, leaving them vulnerable to exploitation. They should, in theory, have the protection of current South African labour legislation, but in practice the unusual circumstances of their employment render the enforcement of their rights problematic. The majority of non-standard workers in South Africa are those previously disadvantaged by the apartheid regime, compromising women and unskilled black workers. The exclusion of these workers from labour legislation can be seen as discrimination, which is prohibited by almost all labour legislation in South Africa. This contribution illustrates how the concept of indirect discrimination can be an important tool used to provide labour protection to these workers. The purpose of this article is to explore the scope of the extension of labour rights to non-standard workers in the context of South African labour laws and the international framework.

  11. Commercial surrogacy: how provisions of monetary remuneration and powers of international law can prevent exploitation of gestational surrogates.

    Science.gov (United States)

    Ramskold, Louise Anna Helena; Posner, Marcus Paul

    2013-06-01

    Increasing globalisation and advances in artificial reproductive techniques have opened up a whole new range of possibilities for infertile couples across the globe. Inter-country gestational surrogacy with monetary remuneration is one of the products of medical tourism meeting in vitro fertilisation embryo transfer. Filled with potential, it has also been a hot topic of discussion in legal and bioethics spheres. Fears of exploitation and breach of autonomy have sprung from the current situation, where there is no international regulation of surrogacy agreements--only a web of conflicting national laws that generates loopholes and removes safeguards for both the surrogate and commissioning couple. This article argues the need for evidence-based international laws and regulations as the only way to resolve both the ethical and legal issues around commercial surrogacy. In addition, a Hague Convention on inter-country surrogacy agreements is proposed to resolve the muddled state of affairs and enable commercial surrogacy to demonstrate its full potential.

  12. Cyber Espionage in the International and Costa Rican Law: A Form of Violation of the Human Right to Privacy

    Directory of Open Access Journals (Sweden)

    Jonathan Masís Solís

    2016-08-01

    Full Text Available Cybercrime is a dangerous consequence of the evolution of information technology. This is how it is conceptualized the issues addressed in this paper. As a methodology, it is discussed and analysed published articles, Costa Rican law, and international regulations concerning cybercrime –such as the Convention on Cybercrime of 2001–, and introduce case law connected to the topic. In this paper, cyber espionage is viewed as an example of the way in which cybercrime jeopardizes and radically affects the human and fundamental right to intimacy. Finally, it is presented a number of conclusions in which it is underscored the importance of international cooperation for the investigation and punishment of cybercrime, as well as to locate the offenders. It is also suggested that it is crucial that due process is respected in the phase of investigation, as well as the human rights of the persons involved.

  13. Some Aspects of International Children Abduction - Theoretical and Practical Approach from the Perspective of the European Law and Judicial Practice

    Directory of Open Access Journals (Sweden)

    Gabriela Lupşan

    2015-05-01

    Full Text Available Everyday life revealed even in the media by presenting cases of international abduction of minors, on the one hand, and on the other hand, the existence of cases increasingly complex from the national/ EU practice, to which we should add the insufficient analysis in the doctrine of the topic in representing some evidence to support the elaboration of this paper. Through its international and / or European regulations (Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, which is supplemented by Regulation (EC no. 2201/2003 of 27 November 2003 concerning jurisdiction, the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility, (prevailing the latter and national ones (Law no. 63/2014 amending and supplementing Law no. 369/2004 on the application of the Convention on the Civil Aspects of International Child Abduction which Romania adhered to by the Law no. 100/199, the legislator sought to ensure the prompt return of children abducted in the Member State of origin, the objective being the same: discouraging underage child abduction by a parent or by third parties, usually relatives and, in case of committing an act of international abduction of minors, ensuring the best interests of the child through the cooperation of the competent authorities in the field. The structure includes sections that address theoretical issues (e.g. the notion of international abduction of minors, regulations, procedure for solving the request, the competent authorities and practical aspects, without neglecting the interpretation given by the Court of Justice of the European Union of some texts from the Regulation.

  14. Access to Law : is it here to stay? | Page 4 | IDRC - International ...

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

    2011-07-24

    Since then the "open access to law" movement, supported by legal information ... Researchers will also assess the value added to legal information by the legal information institutes, and the various business and revenue ... July 24, 2011 ...

  15. The development of health law as a way to change traditional attitudes in national legal systems. The influence of international human rights law: what is left for the national legislator?

    Science.gov (United States)

    Birmontiene, Toma

    2010-03-01

    The development of health law as a sovereign subject of law could be seen as a correlative result of the development of international human rights law. From the perspectives of human rights law, health law gives us a unique possibility to change the traditional point of reference - from the regulation of medical procedures, to the protection of human rights as the main objective of law. At the end of the twentieth and the beginning of this century, human rights law and the most influential international instrument--the European Convention on Human Rights (and the jurisprudence of the ECHR) has influenced health care so much that it has became difficult to draw a line between these subjects. Health law sometimes directly influences and even aspires to change the content of Convention rights that are considered to be traditional. However, certain problems of law linked to health law are decided without influencing the essence of rights protected by the Convention, but just by construing the particularities of application of a certain right. In some cases by further developing the requirements of protection of individual rights that are also regulated by the health law, the ECHR even "codifies" some fields of health law (e.g., the rights of persons with mental disorders). The recognition of worthiness and diversity of human rights and the development of their content raise new objectives for national legislators when they regulate the national legal system. Here the national legislator is often put into a quandary whether to implement the standards of human rights that are recognized by the international community, or to refuse to do so, taking account of the interests of a certain group of the electorate.

  16. International trade law perspectives on paperless trade and inclusive digital trade

    OpenAIRE

    Mitchell, Andrew D.; Mishra, Neha

    2017-01-01

    Cross-border paperless trade is increasingly important to generate economic gains in a digitalised economy. Several developing and least developed countries will need to modernise their domestic laws and regulations to facilitate cross-border electronic transmissions, particularly to promote cloud computing and electronic payments. In recent trade agreements, trading partners have committed to deeper and more comprehensive provisions on electronic commerce, including adopting domestic laws on...

  17. Creation of Rules in National and International Business Law: A Non-National Analytical-Synthetic Comparative Method

    DEFF Research Database (Denmark)

    Henschel, Rene Franz

    in changes and alternative expressions of the legal contents of the provision. If the provision is used as a model for preparing national as well as international rules but is changed more or less extensively, the question is whether these rules have to be interpreted and applied in the same way......  This article centres on the impact the CISG Convention has had on the national and international development of law. It focuses on the rules in Art. 35 CISG, as the contents of the provision has gained wide recognition in a number of jurisdictions. However, this recognition has resulted...

  18. Jurisdiction in international civil and commercial cases : a comparative study of the law in the IBSA countries and the Hague Convention on Choice of Court Agreements

    OpenAIRE

    2015-01-01

    LL.M. (International Commercial Law) This dissertation concerns a comparative analysis of Brazilian, Indian and South African private international law principles on the exercise of jurisdiction in international civil and commercial cases. The intention is to uncover the fundamental grounds of jurisdiction in these legal systems and in doing so draw attention to their comparable characteristics. Emphasis is placed on matters of a commercial nature. Furthermore, a discussion of the Hague Co...

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

    CERN Document Server

    2012-01-01

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

  20. Study on Investor-State Dispute Settlement (‘ISDS’) and Alternatives of Dispute Resolution in International Investment Law

    DEFF Research Database (Denmark)

    Hindelang, Steffen

    aken the public concerns about current developments in the area of the European International Investment Policy, the European Parliament’s INTA Committee launched a study on Investor-State Dispute Settlement and Possible Alternatives of Dispute Resolution in International Investment Law....... In a nutshell, the study suggests that ISDS is a useful means of enforcing substantive investment protection standards contained in international investment agreements. The mechanism should therefore continue to form part of European international investment policy. However, the EU has to address four major...... challenges tied to this dispute settlement tool, i.e. (1) mitigating inconsistency, (2) securing the right balance between private and public interests, (3) establishing integrity of arbitral proceedings and (4) preventing misuse, allowing for error-correction and managing financial risk associated with ISDS...

  1. Reception in Chile of the United Nations Commission on International Trade Law Model Law on Cross-Border Insolvency: Brief analysis of the center of main interests of the debtor as a new connecting factor

    Directory of Open Access Journals (Sweden)

    Jeremy Daniel Levy Morchio

    2015-12-01

    Full Text Available This article analyze the United Nations Commission on International Trade Law (UNCITRAL Model Law on Cross-border Insolvency and its incorporation into national law by means of the entry into force of the new Law of Insolvency and Re-entrepreneurship, paying special attention to the concept of center of main interests of the debtor, as a new factor of connection between jurisdictions. For this, we will begin with the situation of cross-border insolvency in Chile prior to the new law, will analyze the origin, structure and objectives of the model law and the way in which was introduced in Chile, to finally study the concept of center of main interests of the debtor.

  2. EU Energy Law. Volume 1. The Internal Energy Market. 2. ed.

    International Nuclear Information System (INIS)

    Jones, C.; Webster, W.

    2006-06-01

    European energy markets are undergoing rapid and fundamental change. In 2005 the European Council and European Parliament adopted the second energy liberalisation package, including the new electricity and Natural Gas Directives and the Electricity Regulation. In addition, the European Commission tabled new Directives on Security of Supply and a draft Natural Gas Regulation. This is affecting markets not only in the European Union, but throughout Europe, the Mediterranean, the Balkans and Russia. These changes have affected not only energy law. Community competition law in the energy sector has been evolving quickly, reacting to the restructuring of the markets, and the new commercial partnerships that result. EU Energy Law is a complete and essential reference work for all those advising on and implementing in practice the enormous changes in today's electricity and gas markets. It is written for both legal specialists and for those working in industry responsible for overseeing the move towards open and competitive markets

  3. Modelling of the fuel mechanical behavior: from creep laws to internal variable models

    International Nuclear Information System (INIS)

    Leclercq, S.

    1998-01-01

    Creep laws such as that of Bohaboy are commonly used to simulate the fuel pellet response to the demands placed upon it during its use. These laws are sufficient for describing the base operating conditions (where only creep appears), but they require improvement for describing power ramp conditions (where hardening and relaxation appear). The aim of the present paper is to develop a framework in which it will be possible to build models that are more representative of the fuel pellet in pile conditions. The approach presented here is based on the thermodynamics of irreversible processes and continuum mechanics. It is postulated that the material is made of a mixture of porous and 'sound' material. The evolution of porosity is deduced from experimental results in order to be consistent with the second law of thermodynamics. This implies the assumption of a threshold value for the existence of densification and swelling. (orig.)

  4. The protection against nuclear risks under the international nuclear liability law: the geographical and technical scope of the international conventions on third party liability for nuclear damage

    International Nuclear Information System (INIS)

    Kissich, S.J.

    2001-10-01

    This Ph.D.-research deals with the International Conventions on Third Party Liability for Nuclear Damage. In 1960, the Paris Convention was established with the aim of providing a special uniform nuclear third party liability regime for Western Europe. This Convention was supplemented in 1963 by the Brussels Supplementary Convention. Also in 1963, the Vienna Convention, which aimed to establish a world-wide system based on the same principles as the Paris Convention, was adopted. A further Convention was adopted in 1971 to ensure that nuclear third party liability law and not maritime law would apply to carriage of nuclear materials by sea. In 1988, the Paris and Vienna Conventions have been linked by the adoption of a Joint Protocol. In 1997, the process of amending the 1963 Vienna Convention was successfully concluded and a Convention on Supplementary Compensation was adopted. This Ph.D.-research consists of seven chapters: following an introduction, the second chapter gives a general view of the existing international legal sources. The third chapter describes the international civil nuclear liability law concept and its leading principles. The main element of this work is the question of the technical and geographical scope of the international nuclear liability conventions (chapter IV and V). The conventions are only applicable to nuclear incidents, which occur in a nuclear installation or incidental to the carriage or storage of nuclear material. The nuclear damage must arise out of the radioactive properties of nuclear substances which are also defined by legal terms. In addition, the scope of the conventions is limited by the nature of the installations. The geographical scope of application is established by the provisions on geographical coverage. Only the 1963 Vienna Convention does not contain any specific provision dealing with the territorial scope of its application. The geographical scope determines where the nuclear incident or the nuclear damage

  5. 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.

  6. Access to Law : is it here to stay? | IDRC - International Development ...

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

    ... legal professionals and the public could only obtain primary sources of law through ... Researchers will also assess the value added to legal information by the ... The longstanding crisis of the developing world library is coming to an end, but ...

  7. Finding a legal framework for transnational collective agreements through private international law

    NARCIS (Netherlands)

    van Hoek, A.A.H.

    2016-01-01

    The exact definition of transnational company agreements may be elusive, but agreements between representatives of workers and management that span more than one jurisdiction do exist is practice. They are a growing social phenomenon to which law must formulate an answer. This contribution looks at

  8. 75 FR 70961 - Notice of Meeting of the Advisory Committee on International Law

    Science.gov (United States)

    2010-11-19

    ... immunity of foreign government officials; U.N. resolutions and fundamental rights under European Union law..., Office of Claims and Investment Disputes, Office of the Legal Adviser, Executive Director, Advisory... DEPARTMENT OF STATE [Public Notice: 7233] Notice of Meeting of the Advisory Committee on...

  9. Access to Law : is it here to stay? | Page 3 | IDRC - International ...

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

    ... to law experiences in West and Southern Africa, Asia, Australia, the Pacific and North America. ... Case Study: The South African Legal Information Institute ... Special journal issue highlights IDRC-supported findings on women's paid work ... in India, including heat stress, water management, and climate-related migration.

  10. To what extent does international law obstruct the protection of common interests?

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

    2014-01-01

    In brief the contribution argues that particular interests are often dressed up as common interests, e.g. when postulating an underlying natural law or even natural rights. As much as it is a problem for 19 states to agree on common interests, it is a problem that what is presented as common...

  11. 78 FR 34702 - Notice of Meeting of Advisory Committee on International Law

    Science.gov (United States)

    2013-06-10

    ... Monday, June 24, 2013, from 9:30 a.m. to approximately 5:30 p.m., at the George Washington University Law School (Frederick Lawrence Student Conference Center), 2000 H Street NW., Washington, DC. Acting Legal... held on June 24 because of the travel schedules of the Acting Legal Adviser and committee members...

  12. Climate Justice: A Constitutional Approach to Unify the Lex Specialis Principles of International Climate Law

    NARCIS (Netherlands)

    Thorp, Teresa

    2012-01-01

    Legal principles legitimise ubiquitous social values. They make certain social norms lawful and legitimate. Legal principles may act as governing vectors. They may give effect to a unified and legitimate constitutional framework insofar as a constitution unifies the fundamental principles on which a

  13. Determination of Henry’s Law Constants Using Internal Standards with Benchmark Values

    Science.gov (United States)

    It is shown that Henry’s law constants can be experimentally determined by comparing headspace content of compounds with known constants to interpolate the constants of other compounds. Studies were conducted over a range of water temperatures to identify temperature dependence....

  14. Overriding Mandatory Rules as a Vehicle for Weaker Party Protection in European Private International Law

    NARCIS (Netherlands)

    L.M. van Bochove (Laura)

    2014-01-01

    markdownabstract__Abstract__ The Rome I Regulation on the law applicable to contractual obligations contains several provisions aimed explicitly at the protection of ‘weaker’ contracting parties, such as consumers and employees. However, in addition to this, the interests of weaker parties are

  15. "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.

  16. The Problems of Coordination of the International Duties of the Kazakhstan Republic in the Social-Labour Sphere and National Law

    Science.gov (United States)

    Buribayev, Yermek A.; Oryntayev, Zhambyl K.; Bekbossynov, Yermek; Mazhinbekov, Saken; Yessenbekova, Patima; Blasheva, Manshuk

    2016-01-01

    Background/Objectives: The research topicality is conditioned by the fact that the labour secure of the social and labour human rights is realized not only by the national law but also by the international law that is usually more progressive and establishes the generally accepted standards and norms of human rights in the social-labour sphere.…

  17. INTERNATIONAL HUMAN RIGHT AND ISLAMIC LAW: Sebuah Upaya “Menuntaskan” Wacana-Wacana Kemanusiaan

    Directory of Open Access Journals (Sweden)

    Febri Hijroh Mukhlis

    2017-12-01

    problem kemanusiaan. Artikel ini merupakan kajian konseptual, dengan jenis kajian kualitatif deskriptif. Kesimpulan dari kajian ini yaitu, dikotomi antara konsep HAM dan hukum Islam haruslah dituntaskan, kedunya pada satu ujung tujuan, yakni keadilan, kesetaraan dan kemanusiaan. Urusan kemanusiaan adalah urusan bersama tanpa memandang kepentingan apapun, baik agama, politik, budaya, bahkan pengetahuan. Jika tidak adanya keharmonisan dan kesepahaman antara konsep kemanusiaan dalam bingkai keagamaan atau tauhid maka pemahaman tentang kemanusiaan haruslah dibebaskan dari segala bentuk kepentingan identitas. Hukum Islam dan HAM adalah dua hal yang saling mendukung. Islam menghargai HAM begitupun sebaliknya. Pandangan agama haruslah bersifat universal sebagaimana pandangan mengenai HAM juga sebaiknya bersifat universal. Pandangan masing-masing yang sempit akan menyempitkan hubungan keduanya pula.   Keywords: international human right, Islamic law, humanity

  18. Internal Controls and Compliance With Laws and Regulations for the Defense Finance and Accounting Service Working Capital Fund Financial Statements for FY 1998

    National Research Council Canada - National Science Library

    1999-01-01

    .... The Director, Defense Finance and Accounting Service (DFAS), who is the fund manager of the DFAS Working Capital Fund, is responsible for establishing and maintaining adequate internal controls and for complying with applicable laws and regulations...

  19. Internal Controls and Compliance With Laws and Regulations for the FY 1996 Financial Statements of the "Other Defense Organizations" Receiving Department 97 Appropriations

    National Research Council Canada - National Science Library

    1997-01-01

    The overall audit objective was to assess internal controls and compliance with laws and regulations and to review and evaluate the adjustments to the FY 1996 "Other Defense Organizations" financial statements...

  20. Moving Towards Inclusive Education as a Human Right, An analysis of international legal obligations to implement inclusive education in law and policy

    OpenAIRE

    Waddington, L.B.; Toepke, C

    2014-01-01

    Children with disabilities experience ongoing segregation in special education classes or are otherwise excluded from education. This is in spite of the fact that States have a legal obligation to offer an accessible and inclusive education to all learners. Exclusion of any child from education is a violation of international law and a breach of human rights. The provision of inclusive education is an obligation under international law, as well as the means by which to fulfil the additional l...

  1. Advancing Direct Corporate Accountability in International Human Rights Law: The Role of State-Owned Enterprises

    OpenAIRE

    Ma, Xili

    2017-01-01

    Resorting to the immensely State-centric international legal system to regulate corporate human rights abuses is often viewed as inadequate. Among many proposals aiming at filling the international regulatory gaps, imposing international human rights obligations directly on corporations is a bold one, which, due to profound doctrinal and practical challenges, has yet to be agreed upon or established. However, State-Owned Enterprises (SOEs), given its prima facie “State-Business nexus” that bl...

  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. Modelling of the fuel mechanical behavior. From creep laws to internal variable models

    Energy Technology Data Exchange (ETDEWEB)

    Leclercq, S. [Electricite de France (EDF), 77 - Moret sur Loing (France)

    1997-12-31

    Creep laws are nowadays commonly used to simulate the fuel rod response to the solicitations it faces during its life. These laws are sufficient for describing the base operating conditions (where only creep appears), but they have to be improved for power ramp conditions (where hardening and relaxation appear). The main objective of the present paper was to clearly exhibit the important role of the porosity on the fuel mechanical behavior. It has been shown that viscoplastic properties are activated by the evolution of the porosity. A general framework has been developed, in agreement with the principles of thermodynamics of irreversible processes. The major result of the present model concerns the fact that the viscoplastic strain is non-deviatoric, due to the porosity growth. The purely deviatoric part of the non-linear strain is taken as the Lemaitre law, but any other classical equation may be used. As concerns the hydrostatic part, it is derived from simple assumptions. The coupling between the volume fraction of porosity and the mechanical stress field is introduced into the dissipation term. (author) 6 refs.

  4. Modelling of the fuel mechanical behavior. From creep laws to internal variable models

    International Nuclear Information System (INIS)

    Leclercq, S.

    1997-01-01

    Creep laws are nowadays commonly used to simulate the fuel rod response to the solicitations it faces during its life. These laws are sufficient for describing the base operating conditions (where only creep appears), but they have to be improved for power ramp conditions (where hardening and relaxation appear). The main objective of the present paper was to clearly exhibit the important role of the porosity on the fuel mechanical behavior. It has been shown that viscoplastic properties are activated by the evolution of the porosity. A general framework has been developed, in agreement with the principles of thermodynamics of irreversible processes. The major result of the present model concerns the fact that the viscoplastic strain is non-deviatoric, due to the porosity growth. The purely deviatoric part of the non-linear strain is taken as the Lemaitre law, but any other classical equation may be used. As concerns the hydrostatic part, it is derived from simple assumptions. The coupling between the volume fraction of porosity and the mechanical stress field is introduced into the dissipation term. (author)

  5. 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.

  6. Peer Mentoring for International Students in a UK Law School: Lessons from a Pilot Case Study

    Science.gov (United States)

    Ragavan, Shamini K.

    2014-01-01

    This qualitative study discusses the impact of a support network for international students of culturally diverse backgrounds using a peer mentoring scheme. The scheme focused on facilitating cultural integration in the international student community in Newcastle and sought to engender a cooperative community among new students. Data obtained…

  7. 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

  8. 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

  9. 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

  10. In the context of both International law and the application of Islamic Sharia Law, how effective have Kuwait and the Kuwaiti legal system been in addressing, preventing and combating human trafficking?

    OpenAIRE

    MEZHI MEJBEL MEZHI BATHAL ALRASHEDI, ALI

    2017-01-01

    This thesis answers the question of how effective Kuwait and the Kuwaiti legal system have been in addressing, preventing, and combating human trafficking in the context of both international law and the application of Islamic Sharia Law (ISL). The thesis is concerned with trafficking in persons with a particular focus on trafficking to exploit labour in Kuwait as compared to the five other Arab countries in the Gulf Cooperation Council (GCC). The GCC countries are parties to the main interna...

  11. Surrogate motherhood and Private International Law: Perspectives in the light of the new Civil and Commercial Code of Argentina

    Directory of Open Access Journals (Sweden)

    Luciana B. Scotti

    2015-10-01

    Full Text Available The gestation by substitution, commonly called surrogacy, is undoubtedly a complex legal concept that has as many detractors as supporters. This technique of assisted human reproduction, unlike other traditionally accepted, puts into question the famous maxim of Roman law mater semper certa est. Though this practice is not new, it has gained popularity in recent years and in Argentina reached a noticeable impact due to a series of court decisions and particularly when it was incorporated into the Draft Civil and Commercial Code of Argentina and subsequently removed from the final text adopted by Congress. Given the legislative gap of the new Argentinean Code, approved by Act 26994, in force since 1 August 2015, we will often see cases of people making use of this technique in a foreign country. However, the effects of filiation obtained under foreign law that allows for substitution gestation, usually pose a problem of recognition in our country, to be analyzed in the light of the rules of Private International Law.

  12. ENFORCED DISAPPEARANCE OF PERSONS UNDER INTERNATIONAL CRIMINAL LAW: THE CASE “GUERRILHA DO ARAGUAIA” IN BRAZIL

    Directory of Open Access Journals (Sweden)

    Angela Pires Pinto

    2011-12-01

    Full Text Available The case “Guerrilha do Araguaia” is well known in Brazil in the view of the disappearances of opponents to the military regime occurred between 1972 and 1974, in the region known as Araguaia. Despite the efforts made by the families of the victims to seek responsibility and redress, few progress has been done. In 1995, Brazil recognized its responsibilities for the deaths and established a Commission to provide compensation to the families of the victims. The Amnesty Law prevented the State to initiate the criminal proceedings related to the responsibilities of those involved in the disappearances, torture and killings. On December 2010, the Inter-American Court of Human Rights decided that Brazil is responsible for the enforced disappearances in the Araguaia's region and, following its previous jurisprudence, determined that the State initiate adequate investigation and criminal proceedings related to the facts that amount to crimes against the humanity. In the view of the determination of criminal responsibilities on the “Guerrilha do Araguaia”'s case, this article will examine the grounds of criminal liability of the alleged offenders under the international criminal law as well as under the Brazilian domestic law, analysing the limitations that arise from both jurisdictions.

  13. Breakout Session: International Treaties, Copyright Law, and the Future of the U.S.A. Presented by Kenneth D. Crews, attorney, Gipson Hoffman and Pancione.

    Directory of Open Access Journals (Sweden)

    Posie Aagaard

    2018-02-01

    Full Text Available Nearly every nation in the world enacts laws that explicitly govern domestic copyright, dictating rights reserved for authors and specifying other important legal terms. Both geographical borders and the less well-defined borders of the internet affect determinations of copyright. On a global scale, nations enact international copyright treaties to achieve harmonization of certain aspects of copyright law that would otherwise create challenges or conflicts in enforcement of policies between individual nations. However, member nations may need to adjust domestic laws to bring them into alignment with the terms of the international treaties. International law expert Dr. Kenneth Crews discussed the evolution of copyright law and described how precedents set by some nations historically influenced geographic and sociopolitical peers. He also discussed how existing international copyright treaties address issues that continue to reveal weaknesses or compelling needs that cannot easily be served through existing copyright law. Lastly, Dr. Crews provided an update on the landmark 2013 Marrakesh VIP Treaty, which establishes special copyright provisions to accommodate individuals with print disabilities, and reported on his work commissioned by WIPO to study the status of copyright law exceptions in nations around the world.

  14. International Law Studies. The War in Iraq: A Legal Analysis. Violume 86

    Science.gov (United States)

    2010-01-01

    ment in the Security Council debates concerning Iraq on a "strict constructionist " approach to thejus ad bellum. That is, the strict limits on the use...discrimination solely on the ground of race, colour, sex, language, religion or social origin. 73. DlNSTEIN, supra note 41, at 72. 74. Thomas Buergenthal, To...Bacteriological Methods ofWarfare, June 17, 1925, 26 U.S.T. 571, T.I.A.S. 8061, reprinted in DOCUMENTS ON THE LAWS OF WAR, supra, at 158 (Iraq made statements

  15. The role of international sustainable development law principles in enabling effective renewable energy policy – a South African perspective.

    Directory of Open Access Journals (Sweden)

    Michelle Barnard

    2012-08-01

    Full Text Available 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. Recent policy developments in South Africa propose to facilitate the promotion of sustainable development through the implementation of renewable energy, among others. In terms of existing energy policy in South-Africa, the interconnectivity of renewable energy and sustainable development is evident. Most notably, the White Paper on Renewable Energy of 2003 promotes increased access to affordable renewable energy in order to contribute to sustainable development. Moreover, the 2008 first review of the National Energy Efficiency Strategy of the Republic of South-Africa of 2005 states that in order for the country’s renewable energy policy to be considered sustainable, it needs to facilitate development in the social, economic and environmental spheres. Notwithstanding, attaining the goal of sustainable development depends on whether all its effecting principles are catered for in the policy developments. Accordingly, in order to ascertain whether South-African law and policy can successfully facilitate/enable sustainable development via the implementation of renewable energy, a specific methodology is proposed. In terms of the New Delhi Declaration of 2002 there are 7 principles of international law effecting sustainable development. These principles will be used as criteria in a principled assessment of South-African renewable energy law and policy in order to establish whether the goal of promoting sustainable development would be effected through the national policy developments.

  16. Public-private partnerships and responsibility under international law: a global health perspective

    NARCIS (Netherlands)

    Clarke, L.

    2014-01-01

    Partnerships between the public and private sectors are an increasingly accepted method to deal with pressing global issues, such as those relating to health. Partnerships, comprised of states and international organizations (public sector) and companies, non-governmental organizations, research

  17. Do Countries Consistently Engage in Misinforming the International Community about Their Efforts to Combat Money Laundering? Evidence Using Benford's Law.

    Science.gov (United States)

    Deleanu, Ioana Sorina

    2017-01-01

    Indicators of compliance and efficiency in combatting money laundering, collected by EUROSTAT, are plagued with shortcomings. In this paper, I have carried out a forensic analysis on a 2003-2010 dataset of indicators of compliance and efficiency in combatting money laundering, that European Union member states self-reported to EUROSTAT, and on the basis of which, their efforts were evaluated. I used Benford's law to detect any anomalous statistical patterns and found that statistical anomalies were also consistent with strategic manipulation. According to Benford's law, if we pick a random sample of numbers representing natural processes, and look at the distribution of the first digits of these numbers, we see that, contrary to popular belief, digit 1 occurs most often, then digit 2, and so on, with digit 9 occurring in less than 5% of the sample. Without prior knowledge of Benford's law, since people are not intuitively good at creating truly random numbers, deviations thereof can capture strategic alterations. In order to eliminate other sources of deviation, I have compared deviations in situations where incentives and opportunities for manipulation existed and in situations where they did not. While my results are not a conclusive proof of strategic manipulation, they signal that countries that faced incentives and opportunities to misinform the international community about their efforts to combat money laundering may have manipulated these indicators. Finally, my analysis points to the high potential for disruption that the manipulation of national statistics has, and calls for the acknowledgment that strategic manipulation can be an unintended consequence of the international community's pressure on countries to put combatting money laundering on the top of their national agenda.

  18. Do Countries Consistently Engage in Misinforming the International Community about Their Efforts to Combat Money Laundering? Evidence Using Benford's Law.

    Directory of Open Access Journals (Sweden)

    Ioana Sorina Deleanu

    Full Text Available Indicators of compliance and efficiency in combatting money laundering, collected by EUROSTAT, are plagued with shortcomings. In this paper, I have carried out a forensic analysis on a 2003-2010 dataset of indicators of compliance and efficiency in combatting money laundering, that European Union member states self-reported to EUROSTAT, and on the basis of which, their efforts were evaluated. I used Benford's law to detect any anomalous statistical patterns and found that statistical anomalies were also consistent with strategic manipulation. According to Benford's law, if we pick a random sample of numbers representing natural processes, and look at the distribution of the first digits of these numbers, we see that, contrary to popular belief, digit 1 occurs most often, then digit 2, and so on, with digit 9 occurring in less than 5% of the sample. Without prior knowledge of Benford's law, since people are not intuitively good at creating truly random numbers, deviations thereof can capture strategic alterations. In order to eliminate other sources of deviation, I have compared deviations in situations where incentives and opportunities for manipulation existed and in situations where they did not. While my results are not a conclusive proof of strategic manipulation, they signal that countries that faced incentives and opportunities to misinform the international community about their efforts to combat money laundering may have manipulated these indicators. Finally, my analysis points to the high potential for disruption that the manipulation of national statistics has, and calls for the acknowledgment that strategic manipulation can be an unintended consequence of the international community's pressure on countries to put combatting money laundering on the top of their national agenda.

  19. The Lawfulness of US Drone Strikes in Pakistan: An International Perspective

    Science.gov (United States)

    2012-06-01

    Punishment on the Crime of Genocide (Bosnia and Herzegovina v Serbia and Montenegro ), in International Court of Justice Reports, 26 February 2007, http...tracked the Taliban leader’s movements throughout Pakistan’s FATA where he had planted roots from which he could orchestrate attacks against Pakistani...Genocide (Bosnia and Herzegovina v Serbia and Montenegro ). in International Court of Justice Reports, 26 February 2007, http://www.icj-cij.org/docket/files

  20. International law and public participation in the field of nuclear energy

    International Nuclear Information System (INIS)

    Strohl, P.

    1993-01-01

    Public participation in nuclear decision-making is a phenomenon which belongs to the state machine. It can be interesting for international regulations under three aspects: states would agree to recognize a general principle which would be common to their internal legislations, to harmonize their national measures, or because the ability to participate to decisions should be opened to any person concerned what ever her nationality can be or her home can stand