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

    here is that of unilateral state practice and that practice has been relying, at least to some extent, on general public international law. This chapter explains how it is important to revisit international law to better understand the relative relevance of the UNCLOS in oceans governance today. Indeed......, 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 UNCLOS has been since its signature in 1982 the fundamental international legal reference for oceans governance. Indeed, this treaty was written “in pursuit of our common dream of writing a constitution for the oceans”. Yet much alike any dream, reality sooner or later catches up. The reality...

  3. International Investment Law and EU Law

    DEFF Research Database (Denmark)

    The European Yearbook of International Economic Law (EYIEL) is an annual publication in International Economic Law, a field increasingly emancipating itself from Public International Law scholarship and evolving into a fully-fledged academic discipline in its own right. With the yearbook, the edi......The European Yearbook of International Economic Law (EYIEL) is an annual publication in International Economic Law, a field increasingly emancipating itself from Public International Law scholarship and evolving into a fully-fledged academic discipline in its own right. With the yearbook...

  4. 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

  5. Teaching International Law: Concepts in International Relations

    Science.gov (United States)

    Starbird, Caroline; Pettit, Jenny; Singleton, Laurel

    2004-01-01

    This book is designed to introduce students to public international law. Topics covered include international public organizations, such as the United Nations and World Trade Organization, international courts, international human rights law, international trade law, and international environmental law. The goal of each study is to examine how…

  6. Unilateralism in International Law

    DEFF Research Database (Denmark)

    Hartmann, Jacques

    2015-01-01

    international law. This note considers when and how a State or a regional organisation may legitimately take unilateral measures to protect the environment. The note will does not consider the legality of including foreign aircraft within the ETS, which has been dealt with elsewhere. Instead, it will focus...... on the legality and importance of unilateral acts for the development of international law.......The 1997 Kyoto Protocol deferred negotiations on emissions from aviation to the International Civil Aviation Organization (ICAO). Also within this specialised body, agreement on how to deal with emissions from aviation has been difficult to reach.Frustrated by the lack of progress, the European...

  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 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.

  9. 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

  10. 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.

  11. Reflections on international medical law.

    Science.gov (United States)

    Wattad, Mohammed S; Hrevtsova, Radmyla Yu

    2011-12-01

    Does international medical law exist, in the first place, as an independent area of study? If so, is it urgently required in an era of comparative studies? Namely, to what extent, if at all, international studies differ from comparative ones? Besides, what are the particular characteristics of such international discipline? Namely, what are the particular features of this field that elaborate on our legal and scientific understanding in sketching possible definition for this notion of "international medical law?" In addition, how does international medical law correlate with health, ethics and health policies in our globalized world? And finally, what are the challenges that might face the international community, once the concept of "international medical law" is acknowledged? This papers aims at establishing the conceptual grounds for these questions, thus calling for the acknowledgment of a new field of study described as "international medical law".

  12. International school of nuclear law

    Energy Technology Data Exchange (ETDEWEB)

    Anon.

    2003-01-01

    This is a report about the second International School of Nuclear Law (ISNL) held in Montpellier, France, on August 26 to September 7, 2002, 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.)

  13. International School of Nuclear Law

    Energy Technology Data Exchange (ETDEWEB)

    Anon.

    2004-12-01

    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.)

  14. 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.)

  15. International Criminal Law & Its Paradoxes

    DEFF Research Database (Denmark)

    Carlson, Kerstin Bree

    2017-01-01

    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...... 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....

  16. On Interpretivism and International Law

    OpenAIRE

    Çali, Başak (Prof.)

    2017-01-01

    This article argues for the relevance of interpretivism within theoretical and normative debates about international law. To do this, the article carries out two tasks. First, it draws out the central features of interpretivism that make it a theoretically distinct contribution to understanding the nature and theory of law. Secondly, it identifies four important objections, two external and two internal, to the relevance of interpretivism to international law. External objections stem from po...

  17. Water security and international law

    OpenAIRE

    Kuokkanen Tuomas

    2017-01-01

    The article explores water security from an international law point of view. The article argues that in order to better understand water security it is important to focus on the function of international water law. Even though water security is a relatively recent concept it was latent in the process of the evolution of international water law. In addition, the article examines the relationship between man and water from the point of view of water security. The article seeks to answe...

  18. 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...

  19. The law of international organisations

    CERN Document Server

    White, Nigel D

    2017-01-01

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

  20. 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

  1. 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.

  2. Water Security and International Law

    Directory of Open Access Journals (Sweden)

    Tuomas Kuokkanen

    2017-01-01

    Full Text Available The article explores water security from an international law point of view. The article argues that in order to better understand water security it is important to focus on the function of international water law. Even though water security is a relatively recent concept it was latent in the process of the evolution of international water law. In addition, the article examines the relationship between man and water from the point of view of water security. The article seeks to answer the question: how does international water law deal with that relationship? Is water only an object to be utilized and protected or has the relationship become more complex and ambivalent through the occurrence of various extreme events. Furthermore, the article places the concept of water security into a historiographical and substantive context. It explores three broad approaches by international law to water issues: general international law, the regulatory approach and the management approach. The article argues that they are all relevant to water security. Finally, the article seeks to demonstrate that even though water security has emerged as a new notion, this does not mean that international law does not include rules and principles relevant for water security. Indeed, many general principles of international law are applicable in the context of water security. In addition, specific regulations dealing with water quantity and quality issues have been developed in international environmental law, although they are not necessarily labelled as water security rules. Moreover, various risk management methods have been elaborated to deal with water-related disasters and crises. Reciprocally, water security arguments are not necessarily new notions but rather reflect already existing concepts and principles.

  3. English for International Trade Law

    Directory of Open Access Journals (Sweden)

    Bilová Štĕpánka

    2014-09-01

    Full Text Available The Faculty of Law at Masaryk University in Brno, the Czech Re- public, offers several fields of studies, one of them being the three-year Bachelor’s degree programme of International Trade Law. This programme includes two semesters of English for specific purposes which the students take in their first year of studies. However, as the programme is offered as a part time study, there are only 10 lessons of English taught within two days per semester. Preparing a course which would develop the students’ language abilities and skills in the international trade law environment appears to be rather challenging under such conditions.

  4. 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 ...

  5. 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.)

  6. 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.

  7. The stagnation of international law

    NARCIS (Netherlands)

    Pauwelyn, Joost; Wessel, Ramses A.; Wouters, Jan

    2012-01-01

    Traditional international law and its instruments are stagnating both in terms of quantity and quality. New, alternative forms of cross-border cooperation, in particular processes of informal international lawmaking, have emerged and gained prominence since the 2000s in response to an increasingly

  8. 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 ...

  9. [Drug trafficking and international law].

    Science.gov (United States)

    Marini, Luca

    2002-01-01

    The production, the commerce and the use of drugs and other substances are ruled by several conventions of international law, that, at first, have had as object the production and the commerce of drugs for lawful purposes, and the measures required to prevent and to repress, at certain conditions, abuses and unlawful traffics. Just more recently, following some solicitations noticed by the International Community, and according to the concept of "well-balanced approach" described in the text, the measures introduced in this way were supported by a more incisive international movement, fit for the repression of unlawful traffics of drugs and to the adoption of suitable measures of prevention, also to avoid, at national level, sanitary, social and economical implications of the criminal phenomenon.

  10. 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...

  11. 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.

  12. 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

  13. 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...

  14. Why Catholic Universities Should Engage International Law

    Science.gov (United States)

    George, William P.

    2008-01-01

    This article argues that Catholic universities should vigorously engage international law for at least three reasons. First, international law is an indispensible dialogue partner for Catholic Social Teaching (CST). Since CST belongs in Catholic higher education, so too does international law. Second, in numerous ways and on a global scale,…

  15. 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

  16. The Interplay between international law and labour law in South ...

    African Journals Online (AJOL)

    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 ...

  17. 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....

  18. 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...

  19. Introduction: A Nordic Approach to International Law?

    DEFF Research Database (Denmark)

    Kjeldgaard-Pedersen, Astrid

    2016-01-01

    An introduction is presented in which editor discusses various articles within the issue on topics including the role of Nordics in shaping international law of neutrality, relationship between international law and domestic law within human rights and a Nordic approach to promoting women's rights....

  20. 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.

  1. Water security and international law | Kuokkanen | Potchefstroom ...

    African Journals Online (AJOL)

    The article explores water security from an international law point of view. The article argues that in order to better understand water security it is important to focus on the function of international water law. Even though water security is a relatively recent concept it was latent in the process of the evolution of international ...

  2. 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...... more reticent approach to international case law than would normally be expected from this region in the world....

  3. 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...... more reticent approach to international case law than would normally be expected from this region in the world....

  4. 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

  5. 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 ...

  6. 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...

  7. Is interpretation in international law a game?

    NARCIS (Netherlands)

    Venzke, I.

    2014-01-01

    The present chapter combines the ubiquitous metaphor of the language of international law with the analogy between interpretation and the playing of games. It asks how to possibly make sense of international law as a language and of interpretation as a game. Above all, it elucidates the linguistic

  8. 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

  9. 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....

  10. On Banks, Courts and International Law

    DEFF Research Database (Denmark)

    Fabbrini, Federico

    of international law generates bad policy outcomes. Resort to international law to establish the SRF opens the door for national courts’ review of the agreement – a prospect which contrasts with the constitutional logic of leaving decision of economic questions in the political process. In light......, 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......, the use of an intergovernmental agreement in this case is not necessary from a legal point of view. In fact, the use of international law in this case rests on flawed legal argument, namely that EU regulations cannot impose financial obligations on the states. Moreover, as the paper explains, the use...

  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. INTERNATIONAL LAW: HINDRANCE OR HELP?

    Science.gov (United States)

    As international Remote Sensing/Geographic Information Systems (RS/GIS) organizations develop, legal issues are becoming an important factor in promoting or limiting international cooperation. We must keep legal considerations in mind during the creation, implementation, and ...

  13. Private International Law for Commercial Contracts

    OpenAIRE

    Dan Laurentiu Stoicescu

    2005-01-01

    The article presents the main dispositions of the Romanian legislation (Law No.105/1992) which rule the determination of the applicable law for international trade contracts. The issuing of this law was made necessary by the expanding and diversified economic ties of Romania. Today this piece of legislation is extremely important, in the context of the globalization phenomenon, in which our country has to have a more and more active participation, in order to draw profits out of its positive ...

  14. 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

  15. International humanitarian law: an introduction.

    Science.gov (United States)

    Baer, Hans-Ulrich; Hostettler, Peter

    2002-08-01

    War is the ultimate form of human relations. From a Christian and Jewish point of view, it negates the most important of the Ten Commandments: "Thou shallt not kill." Is it pure illusion to believe that war may be subject to legal rules? Was Cicero possibly right when he wrote inter arma silent leges (in war, the law is silent)? The horrors of wars in the last decades have made it clear that Cicero's approach would lead us to the ultimate catastrophe, simply because the destructive potential of modern weaponry is so overwhelming that we need rules governing warfare. This article intends to provide the reader with a brief introduction to the Law of Armed Conflict, its genesis, and its basic rules and principles with particular emphasis on rules regulating medical issues. Finally, we would like to show ways to implement Law of Armed Conflict in peacetime and during armed conflict. Where appropriate, reference is also made to the complementary body of human rights law and to standards of medical ethics.

  16. 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

    The development of "information warfare" presents international legal issues that will complicate nations' efforts both to execute and to respond to certain information warfare attacks, specifically...

  17. The Bifurcation of International Law: Two Futures for the International Rule of Law

    NARCIS (Netherlands)

    Nollkaemper, A.

    2011-01-01

    This short paper argues that in the next decades we are likely to see a fundamental separation in the form and contents of the international rule of law. In a sizeable, but relatively small group of states, international law transforms itself from its international roots and interconnects and

  18. 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. 

  19. TORT CHOICE OF LAW AND INTERNATIONAL FUNDAMENTAL ...

    African Journals Online (AJOL)

    OLAWUYI

    international norms. This article makes these principal findings. While none of the two jurisdictions has a choice of law rule specially attuned to deal with ... where business and social activities ignore inter-State boundaries, a consideration of ..... the context of international human rights, it may not be too difficult to identify.

  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. 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/

  3. The law applicable to International Mediation Contracts

    OpenAIRE

    Orejudo Prieto de los Mozos, Patricia

    2011-01-01

    Mediation entails the provision of the services of a professional, the mediator, who holds a legal relationship with the disputants: the mediation contract. Where there are transnational elements in the mediation process, the contract is of an international character. In such situation, the Laws of the diverse States involved could claim to be applicable to the same contract. The determination of the (only) Law applicable is of upmost interest in spite of the high degree of standardization of...

  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. The problem with international humanitarian law: Distinguishing ...

    African Journals Online (AJOL)

    The main object of international humanitarian law (IHL) is the amelioration of the effect of armed conflict on the populace. It seeks to accomplish this by establishing rules that ensure that objects the destruction of which will not give military advantage e are protected; thus, such objects are not to be targeted or destroyed.

  6. 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

  7. Is interpretation in international law a game?

    NARCIS (Netherlands)

    Venzke, I.; Bianchi, A.; Peat, D.; Windsor, M.

    2015-01-01

    The present chapter combines the ubiquitous metaphor of the language of international law with the analogy between interpretation and the playing of games. It argues that interpretation might not be well understood in analogy to games, not if the game is anything like the typical example of chess.

  8. Armed conflict under international humanitarian law | Nwachukwu ...

    African Journals Online (AJOL)

    The essence, fulcrum or goal of International Humanitarian Law is to limit, for humanitarian reasons, the effect of armed conflict. It seeks to do so by means of rules that protect persons who do not or are no longer participating in the hostilities, that restrict the means and methods of conducting hostilities and that prevent the ...

  9. International Sports Law and Business in the 21st Century

    OpenAIRE

    Hartley, Dr Hazel

    2005-01-01

    This international conference was hosted by the National Sport Law Institute (http://law.marquette.edu/jw/nsli) at Marquette University Law School, in conjunction with the 9th International Association of Sports Law Conference (www.iasl.org). It was sponsored by American Appraisal Associates, the law firm of Foley and Lardner and sports facility development organisations College Town LLC and SheerGame Sports Development LLC. The National Sports Law Institute provides a Sports Law Certificate ...

  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. LEGAL ENTITIES IN ROMANIAN PRIVATE INTERNATIONAL LAW

    Directory of Open Access Journals (Sweden)

    Berlingher Remus Daniel

    2013-12-01

    Full Text Available Legal entities play an increasing role in international economic relations, as well as in political, cultural, social or human relations. Any legal entity is subject to the law of a certain country, as it can only exist or function on the basis of legal provisions. In this sense, the paper analyses the law applicable to the organic statute of a legal entity, the importance and criteria underlying the establishment of a legal entity’s nationality, the recognition of foreign legal entities in Romania, as well as the rights and obligations of foreign legal entities residing in our country.

  12. 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...

  13. Discrepancies between international humanitarian law on the battlefield and in the courtroom: the challenges of applying international humanitarian law during international criminal trials

    NARCIS (Netherlands)

    Bartels, R.; Toebes, B.; Brus, M.; Matthee, M.

    2013-01-01

    International humanitarian law and international criminal law are distinct but related fields. The application of international humanitarian law to concrete facts by international tribunals and courts has contributed to the development and clarification of this body of law. However, using a law in

  14. Resolution of territorial disputes in international law

    Directory of Open Access Journals (Sweden)

    Tubić Bojan N.

    2015-01-01

    Full Text Available Territorial disputes in international law are resolved by peaceful means, like negotiations, mediation, conciliation, arbitration and in the procedure at the International Court of Justice. Borders between states are, in practice, determined on the basis of the uti possidetis iuris principle and principle of effective control. Historical arguments for territorial acquisition are not generally accepted, because changes of borders have to be a result of democratically expressed will of states. Also, the right of people for self-determination was used in the process of decolonization for creating new states but it has emerged in later years like in the case of East Timor, as a legal title for gaining independence. Apart from the process of decolonization, the right to self-determination is rather unclear and disputable regarding its scope and content. Traditional modes of territorial acquisition still have decisive role in international law. Almost all states rely on them in order to substantiate their claims for possession of certain territories. Therefore, international courts and arbitrations cannot ignore them.

  15. "Effectivity" in international law: self-empowerment against epistemological claustrophobia

    NARCIS (Netherlands)

    d' Aspremont, J.

    2014-01-01

    This paper critically discusses the idea of effectivity in international law and formulates epistemological remarks on the role of effectivity in the main doctrines of international law (statehood, responsibility, jurisdiction, etc). After distinguishing between effectivity and effectiveness, it

  16. 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.

  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: 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.

  19. 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.

  20. Shifting Paradigms in International Investment Law

    DEFF Research Database (Denmark)

    rightly remain muted at this point. Overall, the field is in a tense state of flux, with important questions in need of apt resolution; some more controversial—reforming the system of investor–State dispute settlement, for one—than others (protecting the State’s ability to regulate, for instance)....... against political risk, with the economic interests of individual investors of paramount importance to the system, investment law is facing a profound, long-term recalibration towards a more balanced, less isolated, and increasingly diversified regime with regard to regulatory approaches. These new...... comprehensive approaches, informed by and embodied best in the term ‘sustainable development’, lie at the heart of this contribution and are considered working hypotheses, each to be examined by the book’s contributions. While Shifting Paradigms concedes that international investment law is now indeed occupied...

  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. 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...

  3. 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

  4. 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

  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. 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.

  7. Developments in international/European health law.

    Science.gov (United States)

    Abbing, Henriette D C Roscam

    2009-03-01

    International (European) organizations have impact on health law. The most recent developments are: a revision of the world Medical's Association Declaration of Helsinki, a proposal for a Directive (European Commission) on standards of quality and safety of human organs intended for transplantation, accompanied by a ten point action plan; a proposal (European Commission) for a Directive on the application of patients' rights in cross-border health care; a proposal (European commission) for a Directive on information to the general public on medicinal products subject to medical prescription.

  8. 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....

  9. On the unity of International Law Theory

    Directory of Open Access Journals (Sweden)

    Pablo J. Martín Rodríguez

    2011-01-01

    Full Text Available It has become a truism that international lawyers are, nowadays, facing a sharp disagreement regarding the main methodological foundations of the discipline. The issue cannot be whether or not there is such a division in the IL school of thought, but which its specific features are. In the present paper, it is submitted here that the current situation is not due to the various methodologies at our disposal, but an actual paradigmatic schism with deep repercussions on the main research agenda. This paradigmatic split steers our attention to the incommensurability of the different paradigms at stake, and consequently the mere possibility of a meaningful communicative interaction between them is dismissed. This picture, though, may be not fully convincing. This multi-paradigmatic state and its ongoing reissue could be seen in a different way, once we accept that neither perfect communication ever obtains nor absolute lack of contradiction is such an epistemological premise. Then, the admittedly existing cross-references, links and overlaps between different approaches can be interpreted not as a paradigmatic mistake (a sort of an internally dysfunctional approach, but as an acknowledgement by each paradigm of its inability to fully explain International Law reality and its openness to alterity, i.e., a recognition of other paradigms as legitimate interlocutors. This interparadigmatic dialogue, that is also noticeable in the main debates on IL structure, shows the most appropriate direction for international lawyers to follow, even if a final paradigmatic converging horizon is not conceivable or even possible.

  10. 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 ...

  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. 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

  13. 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.

  14. 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

  15. 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

  16. The Oxford Handbook on the Sources of International Law

    NARCIS (Netherlands)

    Besson, S.; d' Aspremont, J.

    2017-01-01

    The question of the sources of international law inevitably raises some well-known scholarly controversies: where do the rules of international law come from? Through which processes are they made? How are they ascertained? Where does the international legal order begin and end? These traditional

  17. Global climate change and the fragmentation of international law

    NARCIS (Netherlands)

    van Asselt, H.D.; Sindico, F.; Mehling, M.

    2008-01-01

    Born into the wider body of international law, the climate regime needs to be understood in light of preexisting regimes. By drawing on the current debate about fragmentation in international law, this article highlights challenges for international lawyers and policymakers in navigating the

  18. Comparability of Degrees and Diplomas in International Law.

    Science.gov (United States)

    Dupuy, Rene Jean; Tunkin, Gregory

    University exchanges, as well as the high degree of mobility that is a feature of certain professions, demand a system of international equivalences of degrees. This study deals with degrees in international law, and includes under this term: (1) public international law, defined as the body of rules that apply to states and others subject to…

  19. A Pluralist Approach to the Law of International Sales

    OpenAIRE

    Juana Coetzee

    2017-01-01

    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 t...

  20. 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.

  1. 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...

  2. Domestic law in international investment arbitration: An overlooked source of law

    Directory of Open Access Journals (Sweden)

    Đajić Sanja

    2017-01-01

    Full Text Available Domestic law would seem to be a natural first choice for settling international investment disputes: investment disputes generally originate from private or commercial contracts which most often provide for applicability of domestic law. A number of issues in dispute may result from the application of domestic law, which makes the analysis of domestic law practically indispensable. Furthermore, sources of law regulating international investment arbitration do not exclude the application of national law, and some of them, like the ICSID Convention or a number of bilateral investment treaties, even require its application under certain circumstances. Despite such legal framework, international investment tribunals rarely if ever apply rules of domestic law. The aim of this article is to highlight this phenomenon of avoiding application of domestic law within the context where its application is expected, required and even desirable. The authors have singled out various techniques applied by investment arbitrators for excluding the application of national law: alleged differences between national and international law which arguably results in the exclusion of domestic law, the rejection of doctrines of res iudicata and litispendentio, non-application of the local remedies rule, etc. The causes and reasons for avoiding application of domestic law are numerous: methods of appointment of arbitrators, composition of the international arbitration collegium, the fact that respondents are usually developing countries whose law may seem too distant for international arbitrators; tendency to opt for international law as applicable for the dispute in the absence of an explicit agreement of the parties; specific power-sharing between international and national arbitration arenas.

  3. Non-state actors in international criminal law

    NARCIS (Netherlands)

    Steer, C.; d' Aspremont, J.

    2011-01-01

    In the nascent body of international criminal law, non-state participants, in particular individuals, have a prominent role not only as law-appliers, but more importantly as law-makers. This chapter demonstrates how individuals as well as other non-state participants form the normative content of

  4. 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.

  5. 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.

  6. 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 ...

  7. 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”

  8. 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.

  9. 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 ...

  10. Foundations of collective cultural rights in international human rights law

    NARCIS (Netherlands)

    Donders, Y.

    2015-01-01

    Although collective cultural rights are included in international human rights law, their precise place and their nature and significance are not well-explored or understood. This paper aims to show where collective cultural rights can be found in international human rights law and explore how these

  11. Managing legal diversity - new challenges for private international law

    NARCIS (Netherlands)

    van Hoek, A.A.H.

    2012-01-01

    In this contribution the author describes how the structural presence of private international law cases in modern society poses new challenges to private international law as a legal discipline. The literature on legal pluralism and multilevel governance is used both to provide a better

  12. International humanitarian law: the status of unlawful combatants ...

    African Journals Online (AJOL)

    The concept of combatancy has always been a fundamental issue under International Humanitarian Law, as it entails the right to attack the enemy and to enjoy prisoner of war status. This article discusses this concept as it relates to lawful and unlawful combatants in international armed conflicts focusing on the provisions of ...

  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. Between pragmatism and predictability: temporariness in international law

    NARCIS (Netherlands)

    Ambrus, Mónika; Wessel, Ramses A.; Ambrus, Mónika; Wessel, Ramses A.

    2014-01-01

    One of the key functions or purposes of international law (and law in general for that matter) is to provide long-term stability and legal certainty. Yet, international legal rules may also function as tools to deal with non-permanent or constantly changing issues, and rather than stable,

  15. Dutch Private International Law – Overview 1998-August 2002

    NARCIS (Netherlands)

    X.E. Kramer (Xandra)

    2002-01-01

    textabstractThis article provides an overview of the most important developments in Dutch private international law during the period January 1998-August 2002. The stormy codification of Dutch pri-vate international law in separate acts during the 1990’s was in a slower pace continued in the year

  16. The Concept of Jurisdiction in International Law

    NARCIS (Netherlands)

    Ryngaert, C.M.J.

    2015-01-01

    In this chapter, the concept of jurisdiction as exercised by states (or regional organizations such as the European Union) is analysed. Such jurisdiction is concerned with the reach of a state’s law: what link, if any, is required for a state to apply its laws to situations and persons? Jurisdiction

  17. 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.

  18. 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.

  19. 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.

  20. Michael Byers, International Law and the Arctic (Cambridge: Cambridge Studies in International and Comparative law, Cambridge University Press, 2013

    Directory of Open Access Journals (Sweden)

    Rachael L. Johnstone

    2014-03-01

    Full Text Available A review of: Michael Byers, International Law and the Arctic, Cambridge Studies in International and Comparative law, Cambridge University Press, 2013. pp. 314 + xviii, 65.00 GBP (hardcover; 16.56GBP (kindle edition ISBN: 9781107042759 ISBN: 9781107042759

  1. 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.

  2. 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

  3. 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

  4. Global large carnivore conservation and international law

    NARCIS (Netherlands)

    Trouwborst, A.

    2015-01-01

    International cooperation, including through international legal instruments, appears important for the conservation of large carnivores worldwide. This is due to, inter alia, the worrying conservation status and population trends of many large carnivore species; the importance of large carnivores

  5. 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 ...

  6. Water security and international law | Kuokkanen | Potchefstroom ...

    African Journals Online (AJOL)

    Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad. Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives · Journal Home > Vol 20, No 1 (2017) >. Log in or Register to get access to full text downloads.

  7. S Bosch THE INTERNATIONAL HUMANITARIAN LAW NOTION

    African Journals Online (AJOL)

    10332324

    the Laws and Customs of War on Land, Annex to the Hague Convention IV 1910 UKTS 9 (Hague. Regulations (HR)) art ...... cause harm";119 engaging in sabotage of military installations;120 manning an anti- aircraft gun;121 supervising the operation of weaponry;122. "gathering tactical intelligence on the battlefield";123.

  8. 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,

  9. 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...

  10. 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

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

    African Journals Online (AJOL)

    International economic law as a branch of law is interested in the development of states through trade, investment and economic legal policies. In the quest for development, many states have caused damage to the ecosystem which now constitutes a threat to humanity. At the wake of this peril, there was need to make a ...

  12. 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.

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

    African Journals Online (AJOL)

    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 ...

  14. THE PROTECTION OF THE ENVIRONMENT IN INTERNATIONAL HUMANITARIAN LAW AND CHILEAN MILITARY LAW

    Directory of Open Access Journals (Sweden)

    JUAN LOBO FERNÁNDEZ

    2017-09-01

    Full Text Available This work studies the sources of international humanitarian law that protect the environment during an armed conflict. Likewise, it studies the rules of Chilean military law regarding environmental institutions and the outlawing of detrimental behaviors to the environment.

  15. 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.

  16. [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

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

    African Journals Online (AJOL)

    International humanitarian law: the status of unlawful combatants · EMAIL FREE FULL TEXT EMAIL FREE FULL TEXT · DOWNLOAD FULL TEXT DOWNLOAD FULL TEXT. Keseme Philip Odudu, Ebitari Joshua Allison, 38-47 ...

  18. 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.

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

    African Journals Online (AJOL)

    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 Online (AJOL) and ...

  20. Forming a Crisis Resolution Mechanism in International Law

    Directory of Open Access Journals (Sweden)

    Mykhailo Nagorniak

    2017-10-01

    Full Text Available This article examines modern approaches to assessing the effectiveness of international legal norms, analyzes international law aspects of the use of military force, and defines the criteria of its adminissibility and legitimacy as a means of conflict resolution. It differentiates between inviolability of the state sovereignty and human rights protection in the aspect of military invasion based on humanitarian reasons. This note emphasizes that at the inception of the multipolar international system, the old legal toolkit, which dates back to the Cold War period is incapable of solving problems that arise in the 21th century. The examples provided here demonstrate that not only do the key geopolitical players ignore the current norms of international law and contractual obligations but they also manipulate the law to justify their geopolitical plans. The more resources the countries own the more they are capable of ignoring the norms of international law, thus creating a threat to peace and security in the world. Attention is drawn to the fact that mechanism of solving crises begins to emerge outside the legal field, which leads to an imbalance between the condition of international law and the international legal order. The necessity of reforming the UN, which should be accompanied by the introduction of a number of changes in international law and the revision of the powers and functions of the International Court, is emphasized. Yet any political and legal innovations have to be considered from the perspective of the role of international law as a potential means of protecting the ‘weaker’ states from the ‘more powerful’ ones.

  1. The Governing Law of International Oil Contracts in Iran Legislations

    OpenAIRE

    HEIDARI, Ahmad

    2015-01-01

    Abstract. The historical record of preliminary negotiations of oil contracts, oil filings, verdicts and judicial decisions about international oil and gas contracts would clearly indicate that the subject of the governing law has been considered to be the main role in negotiations of international oil and gas contracts in many cases. Furthermore, it has sometimes been the subject of dispute so that violation of the validity of the governing law and misconception of it would result in insolubl...

  2. 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

  3. 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.......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....

  4. Forests under International Climate Change Law

    OpenAIRE

    GORDEEVA, Yelena

    2014-01-01

    Contemporary science proves that the two global environmental problems, such as climate change (CC) and global deforestation, are interdependent. On the one hand, CC disadvantages health and vitality of trees. On the other, forest degradation and deforestation releases carbon stored in each tree and soil into the atmosphere and reduce carbon uptake by forests, thus, contribute to CC. In order to be effective, laws, designed to solve the...

  5. 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.

  6. 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.

  7. 77 FR 32168 - Notice of Meeting of Advisory Committee on International Law

    Science.gov (United States)

    2012-05-31

    ... Law A meeting of the Advisory Committee on International Law will take place on Wednesday, June 13... will cover a range of current international legal topics, including the law of immunity, international criminal law, transnational disincentive mechanisms, and future international law priorities for the Office...

  8. 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.

  9. The nullum crimen sine iure principle in contemporary International Law

    Directory of Open Access Journals (Sweden)

    Hector Olásolo Alonso

    2014-03-01

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

  10. 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

  11. INTERNATIONAL LAW AND THE RESPONSIBILITY TO PROTECT ...

    African Journals Online (AJOL)

    operation, peace, security and amicable relations among nations of the world. Internal conflicts, however, continue to pose threat to the interna- tional order and development globally. Consequently, the Responsibility to. Protect (R2P) principle has ...

  12. International Legal Norms in Macedonia's Domestic Law

    Directory of Open Access Journals (Sweden)

    Blerton SINANI

    2014-11-01

    Full Text Available In the Republic of Macedonia, international treaties ratified in accordance with the Constitution are considered part of the internal legal order and cannot be changed by an act of Parliament. This solution confirms the principle that international treaties have more legal authority than all the other legal acts, with the exception of the Constitution. This article aims to give an insight on the constitutional provisions that regulate the position of international treaties in the Macedonian legal order. It identifies its advantages and shortcomings and offers some solutions that might be taken into account by the lawgiver in the future. The article also analyses the profound impact that the European Convention on Human Rights has exerted on the substantial nature of the catalogue of fundamental rights and freedoms prescribed in the Constitution of the Republic of Macedonia.

  13. The psychiatric defence and international criminal law.

    Science.gov (United States)

    Tobin, John

    2007-01-01

    Following the development of the International Criminal Court (ICC) the mental state of the perpetrators of genocide, crimes against humanity and war crimes will become a more important issue in regard to defence and mitigating factors. This article examines how the International Criminal Tribunal for the Former Yugoslavia (ICTY) in particular has dealt with the mental illness defence to date, and how its judgements can serve as guidance for the ICC as it becomes the major international court of the future. The absence of a mental health defence in the Statutes of the ICTY and the International Criminal Tribunal for Rwanda has led to a reliance on the Rules of Procedure and Evidence of the two tribunals. There are major difficulties in using the mental health defence as it is defined in the Statutes of the ICC because of a requirement for the destruction of mental capacity as a valid defence. Fitness to plead and the defence of intoxication are also examined.

  14. The law applied by international administrative tribunals: from autonomy to hierarchy

    OpenAIRE

    Kryvoi, Yaraslau

    2015-01-01

    This Article examines the law applied by the administrative tribunals of international organizations when resolving disputes between international organizations and international civil servants. The analysis suggests that international administrative tribunals primarily rely on employment contracts and internal law of international organisations while only rarely referencing international law. \\ud \\ud This Article argues that international administrative tribunals should specifically define i...

  15. Foundations of Collective Cultural Rights in International Human Rights Law

    NARCIS (Netherlands)

    Donders, Y.; Jakubowski, A.

    2016-01-01

    Although collective cultural rights are included in international human rights law, their place and their nature and significance are not well-explored or understood. This chapter aims to classify collective cultural rights in international human rights instruments and to explore how these rights

  16. 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

  17. Historiography of International Law up to 1980 | Dodoo | Journal of ...

    African Journals Online (AJOL)

    Historiography is primarily concerned with the history of history writing and this includes a critical examination and evaluation of the methods and sources of data of the histories and their makers. International Law, on the other hand, is a youthful discipline with a problem of placement. It is a branch of International Relations ...

  18. 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

  19. 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 Women (CEDAW) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) are legally bound to put their provisions ...

  20. 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 ...

  1. International Human Rights: Politics & Law. A Syllabus. Revised.

    Science.gov (United States)

    Henkin, Louis; And Others

    Designed for first year graduate students in political science, international relations, and law, this course focuses on the contemporary concern with human rights in its international political context. The course is intended to be taught in 14 two-hour sessions; it can also be broken down into single-hour sessions. There are four major parts to…

  2. 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)

  3. 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.

  4. The Anthropocene - and International Law of the Holocene

    Science.gov (United States)

    Vidas, D.

    2012-12-01

    Scientists are increasingly voicing a new concern: that the Earth may be undergoing a shift from the most recent known geological epoch, the Holocene (the latest 11,700 years, which have been characterized by relative environmental stability - a factor significant for the development of human civilization), to a new one - the Anthropocene (Zalasiewicz et al., 2010). In 2009, the Anthropocene Working Group was established within the International Commission on Stratigraphy in order to examine the stratigraphic basis for the term 'Anthropocene' and to consider the justification for its possible formalization as the most recent geological time unit. Formal change of the Geological Time Scale due to recognition of the Anthropocene as a new epoch in the geological history of our planet could critically raise awareness and highlight the magnitude of the human impact on the Earth System, prompting fundamental reflection on today's social structures. Important questions may arise about the sustainability of certain aspects of current International Law - a system of rules resting on foundations that evolved under the circumstances of the Holocene, assumed to be ever-lasting. Core challenges for International Law may now be on the horizon. Certain segments of international law, such as the Law of the Sea, involve causal links (historical and ideological) with the development towards the Anthropocene (Vidas, 2011). Other aspects, such as human rights, may gain in prominence and acquire new dimensions - all likely to require fundamental re-examination of accepted perspectives of International Law. The Law of the Sea - a branch of international law that applies to around 71 percent of the Earth's surface area - received its current framework in the near-universal 1982 United Nations Convention on the Law of the Sea (162 parties as of 1 July 2012), which in turn built on some four centuries of development. In our times, however, a thorough re-examination of the Law of the Sea

  5. Does international nuclear trade law have a specificity

    International Nuclear Information System (INIS)

    David, J.L.

    1988-01-01

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

  6. 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”.

  7. 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

  8. ATHLETES CITIZENSHIP ISSUE IN PUBLIC INTERNATIONAL LAW

    Directory of Open Access Journals (Sweden)

    Anca-Maria IONESCU

    2017-05-01

    Full Text Available International Sports has not been spared the effects of globalization, and among these is the migration of athletes from one country to another. Lately nationality of athletes has become a major issue for professional sports and the principles on which it is based. The problem arose from the lack of a clear and consistent rules on sporting nationality for athletes representing a country in international competition. For a long time, the mere possession of nationality was sufficient to check this link to a particular state. This thesis, outlines how the rules for each sport varies quite considerably, from sports that allow a high degree of flexibility and movement for Olympics to sports that have somewhat restrictive regulations such as football or very restrictive like tennis. It also emphasizes the advantages and disadvantages of quick naturalization and provides some ideas for how this issue can be handled.

  9. 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)

  10. International Public Contracts : Applicable Law and Dispute Resolution

    OpenAIRE

    Wautelet, Patrick

    2013-01-01

    This paper examines the legal regimes of international contracts concluded by States and public entities. These agreements come in many shape and form. Some of these contracts are long term arrangements involving massive amount of capital and touching upon key resources of the State. Other contracts are of more limited scope. The paper focuses on the law applicable to such agreements. The importance of determining the law applicable to 'state contracts' follows from the peculiar feature...

  11. First Law for fields with Internal Gauge Freedom

    Science.gov (United States)

    Prabhu, Kartik

    2016-03-01

    We extend the analysis of Iyer and Wald to derive the First Law of blackhole mechanics in the presence of fields charged under an `internal gauge group'. We treat diffeomorphisms and gauge transformations in a unified way by formulating the theory on a principal bundle. The first law then relates the energy and angular momentum at infinity to a potential times charge term at the horizon. The gravitational potential and charge give a notion of temperature and entropy respectively.

  12. 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.

  13. 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.

  14. The Current Status of Migrant Children under International Public Law

    Directory of Open Access Journals (Sweden)

    Rita Lages

    2012-12-01

    Full Text Available This paper aims to a double objective: first, an attempt to briefly identify, characterize and analyze the phenomenon of child and youth migration, and secondly, to provide an overview of the legal dimension of this social phenomenon. Taking as a starting point the UN Convention on the Rights of the Child and its Optional Protocols, as the minimum international standard for the protection of child and youth, we try to analyze this phenomenon in the light of its rules and principles. Additionally, we have used case laws, General Principles of International Law and regional instruments for the protection of Human Rights.

  15. Name of the child in Serbian private international law

    Directory of Open Access Journals (Sweden)

    Stanivuković Maja D.

    2017-01-01

    Full Text Available Rules of Serbian Private International Law pertaining to the name of the child, both those currently in force, and those that are proposed in the Draft Private International Law Code (2004 are discussed in this article in the light of the decisions of the Court of the EU in Garcia Avello and Grunkin-Paul. The main issue related to the name of the child with an international element is how to regulate the recognition of first and last names of Serbian nationals determined abroad. Currently, there is a unilateral conflict rule providing for application of mandatory norms of Serbian family law. That means that the current Serbian law does not allow recognition of the name of the Serbian child determined according to foreign law if the foreign rules are different than the Serbian applicable rules. The registrar is directed to request the parents to adapt the child's name to requirements of Serbian law, irrespective of the consequences, i. e. the possibility that the child will bear different names in different countries. The fact that the child may also be a national of that other country and habitually resident there, is of no consequence. The Draft PIL Act introduces significant changes by: providing for a possibility for parents to choose the applicable law in case of change of name so that they can choose between the laws of the child's various nationalities, and by providing for recognition of changes of name conducted in a foreign country if the child has been a habitual resident of that country for at least five years. The author argues for introduction of substantive rules into the future PIL Code, which would provide for a possibility of recognition of child's name determined in the country of his other nationality or of his habitual residence.

  16. The successes and limitations of international law and the International Court of Justice.

    Science.gov (United States)

    Suter, Keith

    2004-01-01

    The first two sections of this article deal with the irony that international law has severe limitations, yet it also has a good record for compliance. The third section introduces the International Court of Justice (ICJ), and the fourth section deals specifically with the limitations of the ICJ. The article concludes with some ideas for action. Its main point is that international law is often a neglected topic, even by non-governmental organisations (NGOs). International law needs to be brought in from the cold, and there should be more support from the NGO community for the ICJ.

  17. A World Parliament and the Transition from International Law to World Law

    Directory of Open Access Journals (Sweden)

    Andreas Bummel

    2014-10-01

    Full Text Available World civilization depends on the provision of global public goods such as tackling climate change, ensuring international financial stability or peace and security. Yet, the intergovern­mental system of global governance is not capable of delivering the required results. At a fundamental level, the change necessary to achieve functioning world governance consists of a transition from international law to world law. A key element in this is the development of a global legislative system that includes a democratically elected world parliament. The establishment of a UN Parliamentary Assembly would be a pragmatic first step.

  18. 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

  19. 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..., maritime security, international promotion of the freedom of expression, and the International Law... Adviser, Executive Director, Advisory Committee on International Law, Department of State. [FR Doc. 2012...

  20. International Law: Working for Peace and Justice to Preserve Your Rights.

    Science.gov (United States)

    Duvall, Donald K.

    1983-01-01

    The rules and principles of international law developed as people of different nations interacted with one another. The need for international law has never been greater than it is today. Ten traditional categories of international law serve as the focus for educating students and adults about international law. (AM)

  1. 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...... and undermines its legitimacy. One may suggest that international criminal law needs a principle objective to bring order to the system. This article argues that while this statement may be true, it is equally important to have a discussion about pragmatic policy choices underlying the system. Acknowledging...... that the role of international criminal law is symbolic assists with constraining overambition implicit in the discipline. Treating symbolism as a policy consideration places necessary checks on other goals proclaimed by international courts and the UN executive bodies and also serves as a tool informing...

  2. New atomic energy law - international and national developments. Proceedings

    International Nuclear Information System (INIS)

    Pelzer, N.

    1995-01-01

    Two of the working sessions of the meeting were devoted to aspects of international atomic energy law; the international character of the meeting was also reflected by the home countries of the members of the panel discussion concluding the working sessions. There was substantial reason to put emphasis on the international dimension of the topics discussed. In June 1994, the Nuclear Safety Convention had been signed in Vienna by diplomatic representatives of the signatory countries, and this Convention marks a signpost in the history of international atomic energy law. At the time the meeting was held, negotiations for improving the international nuclear lability law, which had been dragging on since 1989, had come to a stalemate. The meeting offered a suitable forum for taking a scientific approach to tackle the complex problems involved in reshaping the law on nuclear safety and nuclear liability. The third working session of the meeting has been discussing topics relating to the implementation of the German Atomgesetz (Atomic Energy Act). (orig./HP) [de

  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. Influenza virus samples, international law, and global health diplomacy.

    Science.gov (United States)

    Fidler, David P

    2008-01-01

    Indonesia's decision to withhold samples of avian influenza virus A (H5N1) from the World Health Organization for much of 2007 caused a crisis in global health. The World Health Assembly produced a resolution to try to address the crisis at its May 2007 meeting. I examine how the parties to this controversy used international law in framing and negotiating the dispute. Specifically, I analyze Indonesia's use of the international legal principle of sovereignty and its appeal to rules on the protection of biological and genetic resources found in the Convention on Biological Diversity. In addition, I consider how the International Health Regulations 2005 applied to the controversy. The incident involving Indonesia's actions with virus samples illustrates both the importance and the limitations of international law in global health diplomacy.

  7. 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

  8. Reflections on the law applicable to international oil contracts

    OpenAIRE

    Otero García-Castrillón, Carmen

    2013-01-01

    Business activity in the hydrocarbon sector, involving the extraction of natural resources essential to maintain our modern lifestyle, begins with the negotiation of oil and gas exploration and exploitation contracts. Apart from the traditional role of the parties’ contractual autonomy, determining the legal regime of these contracts necessitates considering the role of international law, the development of oil sector-specific international rules (lex petrolea), and the impact of the imperati...

  9. Comparing International Humanitarian Law and Islamic Law on War Captives: Observing ISIS

    Directory of Open Access Journals (Sweden)

    Fajri Matahati Muhammadin

    2016-08-01

    Full Text Available The Syrian conflict brings warfare to a new level where jihadists have evolved from small terrorist cells into large armed groups. The Islamic State of Iraq and Sham (ISIS seem to be the most outstanding and eye-catching of all, as they seem to be the strongest and most brutal among them.They have allegedly committed numerous breaches of international humanitarian law(IHL. especially in the treatment of War Captives. This includes summary execution, torture, and even acts of crucifixion. While ISIS claims to follow only Islamic law and dismisses other laws, does this mean that Islamic laws of war are inconsistent with IHL? This article will first examine relevant rules of IHL and Islamic laws of war with a focus on the treatment of war captives, finding that the two laws are generally consistent except for a few points. Then the practice of ISIS regarding the treatment of war captives will be observed, and it will be found that there are numerous evidence of violations towards both IHL and Islamic law.

  10. Consequences of the Iraq War for International and Constitutional Law

    DEFF Research Database (Denmark)

    Jarvad, Ib Martin

    2007-01-01

    It is argued that international law can be changed by state practice as it has been attempted by the attacking parties in the Iraq war, but also that their objective has failed because of unclear, changing, and mutually contradictory aims stated for the invasion. The incidents raise the need for ...... for extended control with the royal/executive prerogative on foreign policy...

  11. International Law and the Detention of Refugees and Asylum Seekers.

    Science.gov (United States)

    Goodwin-Gill, Guy S.

    1986-01-01

    Examines national concepts, powers and practices of detention; contrasts these with the individual rights of refugees and asylum-seekers under international law. Holds that although not formally obliged to grant permanent asylum, states must treat refugees and asylum seekers according to certain standards and must seek to alleviate their plight.…

  12. Legal Personality as a Fundamental Concept of International Law

    NARCIS (Netherlands)

    Brölmann, C.; Nijman, J.

    2017-01-01

    Legal personality is generally understood as the capability to be - in traditional anthropomorphic terms - ‘the bearer of legal rights and obligations’. Legal personality is a structuring tool in legal systems, not least that of international law, as it indicates who are the participants. This paper

  13. 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

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

    African Journals Online (AJOL)

    Nnamdi Azikiwe University Journal of International Law and Jurisprudence - Vol 8, No 1 (2017). Journal Home > Archives > Vol 8, No 1 ... An appraisal of the conformity of the 2007 Nigerian Minerals and Mining Act to the polluter pays principle · EMAIL FREE FULL TEXT EMAIL FREE FULL TEXT · DOWNLOAD FULL TEXT ...

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

    African Journals Online (AJOL)

    However, as the methods and tools used to identify ecosystem services improve, it is likely that such an approach will offer an important means by which to reconcile competing interests over shared watercourses in the future. KEYWORDS: Ecosystem services; International water law; Trans-boundary watercourses; ...

  16. The notion of progress in international law discourse

    NARCIS (Netherlands)

    Skouteris, Thomas

    2008-01-01

    The notion of progress performs a powerful role in international law discourse. The determination that a certain development constitutes “progress” impacts the production of knowledge, policy-making, allocation of resources, or access to power. The objective of the dissertation is to explore what

  17. Accountability of International Territorial Administrations: a public law approach

    NARCIS (Netherlands)

    A. Momirov (Aleksandar)

    2011-01-01

    textabstractThis book conceptualizes the accountability deficit of missions engaged in the international administration of territories. In so doing, a public-law approach is adopted. The book explores to what extent it is warranted to perceive these missions as public entities exercising public

  18. 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,

  19. An Appraisal of Humanitarian Intervention under International Law ...

    African Journals Online (AJOL)

    Humanitarian intervention is a controversial concept in international law. It is not provided for by the United Nations Charter as it neither constitutes a legitimate use of force authorized by the United Nations Security Council (UNSC) nor the use of force in self-defence. Article 2(4) of the United Nations Charter clearly prohibits ...

  20. an appraisal of humanitarian intervention under international law

    African Journals Online (AJOL)

    Mofasony

    deployed should be such that is necessary to end the violations but no further. Legal Basis of the Doctrine. Classical international law recognized the right to humanitarian intervention. Hugo Grotius, in his classical work specifically lists humanitarian intervention as one of the just causes of war. According to him:.

  1. 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 ...

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

    African Journals Online (AJOL)

    Mofasony

    with the responsibility of respecting and preserving the ecosystem. Closely tied to this notion is a charge prohibiting states not to involve themselves in a development strategy that will satisfy the needs for today and jeopardize the expectations of the future generation. In other words, international economic law recognizes ...

  3. Law on the Rocks: International Law and China’s Maritime Disputes

    Science.gov (United States)

    2014-12-01

    China’s Realpolitik Approach in the SCS); Jeff Himmelman, “A Game of Shark and Minnow,” The New York Times Magazine, October 27, 2013, http...the United States and Japan from attacking China. China utilizes its maritime superiority and economic power to bully Vietnam and the Philippines...the international community condemned the attack . Within international law the Iraqi occupation of Kuwait was seen as belligerent occupation and an

  4. The Legal protection of cultural heritage in international law and its implementation in Dutch law

    NARCIS (Netherlands)

    Belder, L.P.C.

    2013-01-01

    This study provides an overview of the main developments in the legal pro­tection of cultural heritage in international law since the 1960s. This includes a discussion of the cultural rights which are reflected in the protection of cultural heritage, and more in particular in the protection of the

  5. 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.

  6. 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)

  7. 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

  8. 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

  9. 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...

  10. 76 FR 72023 - Notice of Meeting of the Advisory Committee on International Law

    Science.gov (United States)

    2011-11-21

    ...; federalism and international law; and the possibility of a new Restatement of Foreign Relations Law. Members... DEPARTMENT OF STATE [Public Notice: 7655] Notice of Meeting of the Advisory Committee on International Law A meeting of the Advisory Committee on International Law will take place on Thursday, December...

  11. 75 FR 32532 - Notice of Meeting of the Advisory Committee on International Law

    Science.gov (United States)

    2010-06-08

    ... Criminal Court review conference and ad hoc international criminal tribunals; the law of war regarding... 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...

  12. 78 FR 34702 - Notice of Meeting of Advisory Committee on International Law

    Science.gov (United States)

    2013-06-10

    ... Law A meeting of the Department of State's Advisory Committee on International Law will take place on...'s recent decision in Kiobel v. Royal Dutch Petroleum, Internet governance and international law, corporate social responsibility, compliance mechanisms for international humanitarian law, and the American...

  13. Traversing Disciplinary Silos: Marriage, Private International Law and the ECHR

    OpenAIRE

    Ní Shúilleabháin, Máire

    2016-01-01

    The focus of this paper is on the English conflicts rules affecting marriage – and how they are impacted by human rights law. As far as human rights law is concerned, the emphasis will be on the European Convention on Human Rights (ECHR) – in particular, Article 8 ECHR (right to respect for family life), Article 12 ECHR (right to marry) and Article 14 ECHR (right to be protected against discrimination in the enjoyment of Convention rights) - but other instruments of international human rights...

  14. The Lawful Use of Targeted Killing in Contemporary International Humanitarian Law

    Directory of Open Access Journals (Sweden)

    Scott D. MacDonald

    2011-11-01

    Full Text Available International humanitarian law (“IHL”, or the law of armed conflict (“LOAC”, is a branch of international law designed to regulate the conduct of belligerent states during an armed conflict. [1] However, conflicts in the modern era are drastically different than the interstate hostilities envisioned at the time the bulk of IHL was developed. Contemporary conflicts, such as the 'War on Terror' between states and non-state actors, have resulted in new military tactics to address the complications inherent in these modern conflicts. The controversial use of targeted killing is amongst these new tactics. For the purposes of this discussion, targeted killing is the “intentional slaying of a specific alleged terrorist or group of alleged terrorists undertaken with explicit governmental approval where they cannot be arrested using reasonable means.” [2] The inability to arrest suspected terrorists reflects the transnational aspect to these conflicts as the victim state is unable to exert enforcement jurisdiction beyond its borders. [3] Until such time as new international norms develop to specifically address targeted killing, the legality of this tactic must be assessed against existing IHL. Under contemporary IHL, targeted killing is lawful although highly circumscribed.

  15. 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

  16. 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)

  17. ACHIEVING AN HONEST RECONCILIATION: ISLAMIC AND INTERNATIONAL HUMANITARIAN LAW

    Directory of Open Access Journals (Sweden)

    Fajri Matahati Muhammadin

    2016-02-01

    Full Text Available The compatibility between Islamic law and international law has been a long lasting source of both academic discussion and social friction. This includes the Islamic laws on conduct of war (IsHL, especially in context of the Middle East conflicts. This article explores how there are two extreme opinions: ‘Islamophobes’ and apologists –both of them being dishonest. It will be shown that there are multi-level possibilities of relations between IsHL and International Humanitarian Law including possible incompatibilities, and that an ijma is a good room for reconciliation. Kompatibilitas hukum Islam dan hukum internasional telah lama menjadi sumber debat akademis dan friksi social. Termasuk diantaranya adalah hukum Islam terkait pelaksanaan perang, terutama di tengah konflik Timur Tengah seperti sekarang. Artikel ini mengamati dua pendapat ekstrim: ‘Islamofobik’ dan ‘apologist’ –keduanya tidak jujur. Akan ditunjukan ada berbagai tingkat kemunginan hubungan antara hukum perang Islam dan Hukum Humaniter Internasional, termasuk diantaranya adalah kemungkinan pertentangan, lalu bagaimana dibutuhkan sebuah ijma untuk menyelesaikan masalah tersebut.

  18. 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.

  19. 75 FR 70961 - Notice of Meeting of the Advisory Committee on International Law

    Science.gov (United States)

    2010-11-19

    ... International Law A meeting of the Advisory Committee on International Law will take place on Thursday, December 9, 2010, from 9:30 a.m. to approximately 5:30 p.m., at the George Washington University Law School... will cover a range of current international legal topics, including international piracy; sovereign...

  20. 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

  1. 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

  2. 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.

  3. 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.

  4. 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...

  5. 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.

  6. 76 FR 30229 - Notice of Meeting of the Advisory Committee on International Law

    Science.gov (United States)

    2011-05-24

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

  7. 78 FR 70392 - Notice of Meeting of Advisory Committee on International Law

    Science.gov (United States)

    2013-11-25

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

  8. 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

  9. The Development of Private International Law in Albania

    Directory of Open Access Journals (Sweden)

    Ilda Mucmataj

    2014-01-01

    Full Text Available In a world like today’s one, with communication, trade and the increasing cross-border travels, the issue of the conflict of laws appears in every aspect of the private law. It is important that every member of the legal community understands the conflict of laws. This is important especially for judges, because they are the ones who should solve cross-border disputes submitted to them, which affect the personal lives of individuals and their businesses. Judges are precisely those who, with their work, should increase the confidence of the parties and the public, both within the community of their country and in other countries. However, in a broader view, not only lawyers but all legal subjects must have general knowledge in this field in order to perform effective agreements. Thus, through this article we aim to shed light on the regulation of private legal relations that are characterized by a foreign element, presenting innovations brought by Law No. 10426 ‘On Private International Law’ which entered into force on 02.06.2011.

  10. 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

  11. 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...

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

    Directory of Open Access Journals (Sweden)

    Rachael L. Johnstone

    2012-03-01

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

  13. BURMA’S ROHINGYA CASE IN INTERNATIONAL LAW PERSPECTIVE

    Directory of Open Access Journals (Sweden)

    Yordan Gunawan

    2013-08-01

    Full Text Available Nowadays, the refugees issue is becoming serious problem to the international community. The problems of refugees becomes increase day by day along with a man-made disaster or a nature disaster. The Rohingyas ethnic is one of examples for refugee who caused by man-made disaster. They, the Rohingyas, experienced a persecution done by the military junta of Myanmar, their own government. The government of Myanmar doesn’t recognized that the Rohingyas belong to the citizen of Myanmar. With this condition, the Rohingyas called as a stateless person. They have no citizenship status. So they have no protection from any countries because they are stateless. The persecution from the Myanmar’s government make them, the Rohingyas, fled to another countries to get an asylum. Sometimes the presence of refugees in the country of transit or destination countries were forcibly repatriated . Such treatment is clearly contrary to the principles of international law recognized by civilized nations.There are some regulations pertaining to the issue of refugees, which are guarantee the rights of refugee. The right to get an asylum as stated in Article 14 (1 Universal Declaration of Human Rights. But the fact, there are many violations in refugees treatment done by some countries. The study is normative legal research with Statute Approach and Case Approach. This study would analysis the Rohingyas asylum-seeker based on some international laws concerning this problem as for the 1951 Convention Relating to the Status of Refugees and its protocol. The result shows the international law relating to the refugees issu that applicable to the Rohingyas case.Keywords:

  14. CORPORATE SOCIAL RESPONSIBILITY IN INTERNATIONAL ECONOMIC LAW PERSPECTIVE

    Directory of Open Access Journals (Sweden)

    Nyoman Indra Juarsa

    2015-12-01

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

  15. Taking older people's rights seriously: the role of international law.

    Science.gov (United States)

    Tang, Kwong-leung

    2008-01-01

    Older people face many difficult challenges that amount to a deplorable violation of their basic human rights (poverty, discrimination, denial of social services, etc.). However, the world has been slow to react. Factors that limit global responses to the challenges of aging include: limited political will, the prevalence of neo-liberalism, and NGOs' longstanding advocacy for other seemingly "more" disadvantaged groups. Such oppression of and discrimination against older people require a concerted world-wide response. We contend that the introduction of an international convention on the human rights of older people is most relevant. Reinforced by a potent international monitoring system, the convention should contain comprehensive and legally binding provisions that require participating states to promote older people's rights. It is argued that international law would be a powerful force in defending and protecting older persons, operating as a baseline for establishing underlying values for national aging policies and linking older persons' concerns with other segments of society.

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

    Science.gov (United States)

    Cloatre, Emilie; Pickersgill, Martyn

    2014-10-02

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

  17. International environmental law: Emerging issues of concern to chemists

    International Nuclear Information System (INIS)

    Scott, M.D.

    1990-01-01

    As a result of the pending unification of the Western European nations into a single market, the unfolding political changes in Eastern Europe, and concern about environmental problems - such as global warming - which transcend traditional national boundaries, there have been many recent developments in international environmental law. A comprehensive environmental regulatory program is under development in Western Europe, while countries in other areas of the world are developing individual programs. Additionally, a number of multi-national agreements on environmental issues have been reached. This talk reviews these developments as they affect both the research and production chemists and addresses: (a) the effect of evolving environmental law on the development of new chemical products, (b) anticipated changes in the manufacturing sector resulting from imposition of new pollution controls in many nations and (c) the environmental impact assessment preconditions to which new and expanded facilities in many nations might be subject

  18. Responding to Cyber Attacks and the Applicability of Existing International Law

    Science.gov (United States)

    2013-03-01

    Responding to Cyber Attacks and the Applicability of Existing International Law by Lieutenant Colonel Joseph L...Responding to Cyber Attacks and the Applicability of Existing International Law 5a. CONTRACT NUMBER 5b. GRANT NUMBER 5c. PROGRAM ELEMENT NUMBER... Cyber Attacks and the Applicability of Existing International Law by Lieutenant Colonel Joseph L. Hilfiker United States Army

  19. 78 FR 24784 - State Department Advisory Committee on Private International Law; Closed Meeting

    Science.gov (United States)

    2013-04-26

    ... International Law; Closed Meeting In accordance with section 10(a) of the Federal Advisory Committee Act, 5 U.S... International Law (ACPIL) to take place on May 13, 2013, at the Department of State, Washington, DC. Pursuant to.... Keith Loken, Assistant Legal Adviser, Private International Law. [FR Doc. 2013-09955 Filed 4-25-13; 8:45...

  20. 78 FR 18415 - Notice of Amendment to the Advisory Committee on International Law Charter

    Science.gov (United States)

    2013-03-26

    ... International Law Charter The Department of State has amended the Charter of the Advisory Committee on International Law to add three additional membership positions. The Committee is comprised of all former Legal... issues of international law. The Committee follows the procedures prescribed by the Federal Advisory...

  1. 77 FR 32167 - Notice of Renewal of Advisory Committee on International Law Charter

    Science.gov (United States)

    2012-05-31

    ... International Law. Through this Committee, the Department of State will continue to obtain the views and advice... of international law. The Committee's consideration of these legal issues in the conduct of our... Committee on International Law, Department of State, at 202-776-8344 or [email protected] . Dated: May 23...

  2. 78 FR 22020 - State Department Advisory Committee on Private International Law; Closed Meeting

    Science.gov (United States)

    2013-04-12

    ... International Law; Closed Meeting In accordance with section 10(a) of the Federal Advisory Committee Act, 5 U.S... Private International Law (ACPIL) to take place on May 13, 2013, at the Department of State, [email protected] . Dated: April 5, 2013. Michael Coffee, Attorney-Adviser, Private International Law. [FR Doc...

  3. Study of problems in the international law of radioactive waste management and its solution

    International Nuclear Information System (INIS)

    Li Qiwei; Peng Benli

    2005-01-01

    International Law on Radioactive Waste Management is the important part of the international environmental laws, which guarantees the sustainable development in nuclear safety. Considering that more and more nuclear crisis occurred, this paper introduces and analyzes the insufficiency of International Law of Radioactive Waste Management, and proposes solutions for the completion of existent legislation. (authors)

  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. International law as a political instrument in the case of Kosovo (1999-2010)

    OpenAIRE

    Jasper E. Bergink

    2010-01-01

    The article attempts to integrate international law and international relations by analysing how law works within international politics. In international relations, the instrumentalist theory poses that states rationally employ international law as a foreign policy instrument. Analysing the case of Kosovo from 1999 to 201...

  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. 75 FR 16225 - U.S. Department of State Advisory Committee on Private International Law: Organization of...

    Science.gov (United States)

    2010-03-31

    ... International Law: Organization of American States (OAS) Specialized Conference on Private International Law... Private International Law (CIDIP-VII), the Committee on Juridical and Political Affairs (CJAP) of the... international law. Three proposals have been put forward: A revised Brazilian draft convention on applicable law...

  9. 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.

  10. 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.

  11. 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

  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. 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

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

    NARCIS (Netherlands)

    Kiestra, L.R.

    2013-01-01

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

  15. 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…

  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 Principle of Proportionality in International Criminal Law

    Directory of Open Access Journals (Sweden)

    Venus GHAREH BAGHI

    2011-11-01

    Full Text Available The principle of proportionality indicated to, are that the criminal codes should contain specific maximums for crime or category of crimes. As to the applicable penalty, should be made distinctive not only between types of crimes but also between completed crimes and inchoate crimes. Unfortunately, the principle of proportionality is not obvious in substantive international law. Although the 1993 draft statute allowed for right of appeal against sentences where there was obvious disproportion between the crime and the sentence. The Tribunals’ Rules of Procedure and Evidence has been given additional directives on sentencing but The ICC Statute, does not provide precise penalties for specific crimes, despite the wide range of offenses and forms of participation that the court is called upon to judge.

  19. FIDUCIA IN THE NEW CIVIL CODE: AN EXAMPLE OF VITALIZATION BY INTERNATIONAL BUSINESS LAW OF THE RELATIONSHIP BETWEEN ROMANIAN LAW AND COMMON LAW

    Directory of Open Access Journals (Sweden)

    Luminița Gheorghe

    2014-11-01

    Full Text Available Trusts have existed in common law systems as early as the Middle Ages, and European civil law systems were aware of its existence and also of the existence of Roman private law fiducia. Yet, civil law systems resisted for a long time the temptation of transposing trust or at least of developing Roman law fiducia. Romanian law, for instance, preferred, on the one hand, developing a series of case law solutions acknowledging the common law trust and, on the other hand, admitting a series of trust-like mechanisms, while assuming the role of defender of private law principles considered fundamental, such as the personal character of the patrimony and the exclusive and perpetual character of the ownership right. Such status quo was maintained for a long time, with the consequence of generating a static relationship between trust and Romanian fiducia, with trustee mechanisms being, however, developed under Romanian law. Conversely, upon the regulation of Romanian fiducia, we tend to overlook its fundamental convergence with the common law trust. The evolution of Romanian law with respect to trust is however not the consequence of trust’s proven utility; it is its forced answer to the dynamics of international business.

  20. 78 FR 36816 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

    Science.gov (United States)

    2013-06-19

    ... International Law (ACPIL): Public Meeting of the Study Group on Family Law The Office of the Assistant Legal Adviser for Private International Law, Department of State, hereby gives notice of a public meeting of the Study Group on Family Law to discuss Part V of a questionnaire on private international law issues...

  1. 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.

  2. 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.

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

    NARCIS (Netherlands)

    Kessler, Oliver

    2011-01-01

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

  4. CONTEMPORARY ISSUES OF LEGAL PERSONALITY IN INTERNATIONAL LAW. FACTUAL AND NORMATIVE PROBLEMS

    OpenAIRE

    MATEJ SAVIĆ

    2016-01-01

    In this paper, the author deals with current theoretical issues of international legal personality. Special attention is paid to the growing conflict between the factual and normative dimensions of general legal capacity of subjects of international law. Contemporary trends and respective theoretical concepts are analyzed, especially regarding actual processes and challenges that are imposed in the definition of legal personality in international law.

  5. Private International Law: An Appropriate Means to Regulate Transnational Employment in the European Union?

    NARCIS (Netherlands)

    A.A.H. van Hoek (Aukje)

    2014-01-01

    markdownabstract__Abstract__ The regulation of transnational employment in the European Union operates at the crossroads between private international law and internal market rules. The private international law rules are currently laid down in the Rome I Regulation. This regulation is

  6. 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.

  7. 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...

  8. 75 FR 504 - U.S. Department of State Advisory Committee on Private International Law: Organization of...

    Science.gov (United States)

    2010-01-05

    ... International Law: Organization of American States (OAS) Specialized Conference on Private International Law... context of the Seventh Inter-American Specialized Conference on Private International Law (CIDIP-VII), the... on consumer rights as part of its program on private international law. Three proposals have been put...

  9. 75 FR 22674 - U.S. Department of State Advisory Committee on Private International Law Study Group Notice of...

    Science.gov (United States)

    2010-04-29

    ... International Law Study Group Notice of Meeting on the United Nations Commission on International Trade Law... Intellectual Property (IP) The Department of State, Office of the Legal Adviser, Private International Law and... of State, Office of Private International Law, 2430 E Street, NW., Washington, DC. This is not a...

  10. 76 FR 51119 - U.S. Department of State Advisory Committee on Private International Law: Notice of Annual Meeting

    Science.gov (United States)

    2011-08-17

    ... 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...., international family law; electronic commerce; regional inter-American issues; U.S. federalism issues in...

  11. 75 FR 4440 - U.S. Department of State Advisory Committee on Private International Law: Organization of...

    Science.gov (United States)

    2010-01-27

    ... International Law: Organization of American States (OAS) Specialized Conference on Private International Law... Conference on Private International Law (CIDIP-VII), the Committee on Juridical and Political Affairs (CJAP... private international law. Three proposals have been put forward: A revised Brazilian draft convention on...

  12. 78 FR 16754 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Notice of...

    Science.gov (United States)

    2013-03-18

    ... International Law (ACPIL): Notice of Public Meeting of the Study Group on Choice of Law in International Commercial Contracts The Office of the Assistant Legal Adviser for Private International Law, Department of... law in international contracts, and Recommendations for the commentary and other relevant documents...

  13. 77 FR 58606 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Notice of...

    Science.gov (United States)

    2012-09-21

    ... International Law (ACPIL): Notice of Public Meeting of the Study Group on Choice of Law in International Commercial Contracts The Office of the Assistant Legal Adviser for Private International Law, Department of State, hereby gives notice of a public meeting of the Study Group on Choice of Law in International...

  14. Indefinite War: Unsettled International Law on the End of Armed Conflict

    OpenAIRE

    Lewis, Dustin Andrew; Blum, Gabriella; Modirzadeh, Naz Khatoon

    2017-01-01

    Can we say, definitively, when an armed conflict no longer exists under international law? The short, unsatisfying answer is sometimes: it is clear when some conflicts terminate as a matter of international law, but a decisive determination eludes many others. The lack of fully-settled guidance often matters significantly. That is because international law tolerates, for the most part, far less violent harm, devastation, and suppression in situations other than armed conflicts. Thus, certain ...

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

    Directory of Open Access Journals (Sweden)

    A. Korzhevskaya

    2014-01-01

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

  16. 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...

  17. 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

  18. IMPLEMENTATION OF THE EU LAW ON THE INTERNAL MARKET IN SPAIN

    OpenAIRE

    Biriukov, Pavel

    2014-01-01

    The article deals with questions of implementing of EU law in the fi eld of the internal market in Spain. The author outlines key documents regulating the implementation of EU law in Spain. Main attention is paid to the description of the existing concept of the relationship between the international law and the domestic law of Spain. The author describes the legal mechanism of the implementation in Spain of EU law. The article explores the role of public authorities of Spain in the implement...

  19. Effects of international law on migration policy and practice: the uses of hypocrisy.

    Science.gov (United States)

    Martin, D A

    1989-01-01

    Classical learning recognizes no role for international law in affecting migration policy and practice, but in modern times the salutary effects are increasing, although they remain modest. International law influences migration policy primarily through effective invocation of various forms of "soft law" in internal and international political forums. More limited prospects exist for beneficial changes enforced by international institutions and domestic courts. The article cautions against inflated expectations in the latter settings, however, particularly because overly ambitious claims can be counterproductive. It then offers a few predictions about near-term effects of international law, having to do with departures from a country, refugee law, and the integration of migrants into their new homelands.

  20. 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.

  1. International Law and the climate change adaptation policy in the United Kingdom

    OpenAIRE

    Gabriel Araya Ahumada

    2016-01-01

    This article describes in what ways international environmental law, the international regime of climate change and the European Union have influenced current climate change adaptation governance in the United Kingdom, especially in relation with the sustainable development policy.

  2. 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

  3. Time to Move On? The International State of Affairs with Respect to Child Relocation Law

    Directory of Open Access Journals (Sweden)

    Yildiz Maria Bérénos

    2012-01-01

    Full Text Available By surveying binding law in civil and common law jurisdictions and non-binding law produced by national, regional and international organizations, this article tries to map the international state of affairs with respect to child relocation. Various legal topics that have concerned legislatures are discussed. It appears that - worldwide and more specifically within Europe - great variety exists with respect to child relocation law, which leads to legal uncertainty. As a consequence, parents often do not know how to act in case of child relocation. This might have a negative effect on other issues, such as child abduction. Harmonization of law on child relocation seems necessary to diminish the existing legal uncertainty. It is concluded that the development of a European or international non-binding law instrument that addresses both national and international relocation cases could be a first step in the harmonization process.

  4. 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.

  5. 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...

  6. 77 FR 75696 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

    Science.gov (United States)

    2012-12-21

    ... International Law (ACPIL): Public Meeting of the Study Group on Family Law The Office of the Assistant Legal Adviser for Private International Law, Department of State, hereby gives notice of a public meeting of the... International Law, the Conference's Permanent Bureau has published a Questionnaire for Member States on the...

  7. The Right to Development in International Law: New Momentum Thirty Years Down the Line?

    NARCIS (Netherlands)

    C.J.M. Arts (Karin); A. Tamo (Atabongawung)

    2016-01-01

    textabstractThe right to development (RTD) is contested in international law, politics and practice. This remains the case, despite the 30-year existence of the United Nations Declaration on the Right to Development (UNDRTD), the many substantive leads that current international law provides, and

  8. Bridging Scholarship and Practice: 20 Years of the Public International Law and Policy Group

    NARCIS (Netherlands)

    Fraser, J.A.; Mc Gonigle, B.N.

    2017-01-01

    When the Editor-in-Chief of the Utrecht Journal of International and European Law (UJIEL) approached us with the possibility of guest editing a special issue related to public international law and policy, we felt the timing could not have been better. As academics at Utrecht University with the

  9. 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

  10. 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

  11. 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/

  12. The interfaces between the national and international rule of law: a framework paper

    NARCIS (Netherlands)

    Kanetake, M.

    2014-01-01

    This framework paper sets out the multiple angles from which the interfaces between the national and international rule of law can be analysed. The paper begins with a brief account of the concept of the international rule of law (Section II). It moves on to discuss the ‘national’ reception of the

  13. Cultural pluralism in international human rights law: the role of reservations

    NARCIS (Netherlands)

    Donders, Y.; Vrdoljak, A.F.

    2013-01-01

    This chapter addresses cultural pluralism in international human rights law by analysing one specific aspect of international law, namely reservations to human rights treaties. It has been argued that reservations "…are a legitimate, perhaps even desirable, means of accounting for cultural,

  14. Women's Rights and Living Customary Law | IDRC - International ...

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

    Women's Rights and Living Customary Law. This action-research project focuses on the interface between custom and rights in the context of a constitution that recognizes and protects both customary law and the Bill of Rights. It will explore how this interplay affects the rights - particularly land rights - of black women living ...

  15. The matrix: A comparison of international wilderness laws

    Science.gov (United States)

    Peter Landres; Brad Barr; Cyril F. Kormos

    2008-01-01

    The following matrix provides a comparison of wilderness laws around the world. This matrix is divided into four parts, each focusing on a key area of wilderness legislation: the definition of wilderness; the overall legislative purpose; uses allowed by the legislation; and administration and management requirements under law. A more thorough analysis of individual...

  16. 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.

  17. 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)

  18. 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.

  19. International law and human rights: trends concerning international migrants and refugees.

    Science.gov (United States)

    Goodwin-gill, G S

    1989-01-01

    Not with standing human rights linkages, migrants and refugees are often on the periphery of effective international protection. State sovereignty and self-regarding notions of community are used to deny or dilute substantive and procedural guarantees. Recently, even non- discrimination as a fundamental principle has been questioned, as has the system of refugee protection. This article located both migrants and refugees squarely within the human rights context, contrasting both inalienable rights with the demands of sovereignty, and juxtaposing the 2 in a context of existing and developing international standards. Migration and refugee flows will go on, and the developed world, in particular, must address the consequences - legal, humanitarian, socioeconomic, and cultural. Racism and institutional denials of basic rights daily challenge the common interest. This article shows how the law must evolve, responding coherently to contemporary problems, if the structure of rights and freedoms is to be maintained.

  20. 75 FR 47877 - U.S. Department of State Advisory Committee on Private International Law: Public Meeting on the...

    Science.gov (United States)

    2010-08-09

    ... International Law: Public Meeting on the Work of the UNCITRAL Working Group on International Arbitration and Conciliation In June, the United Nations Commission on International Trade Law (UNCITRAL) approved revisions to... the auspices of the Department of State's Advisory Committee on Private International Law, to obtain...

  1. 77 FR 49851 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Notice of...

    Science.gov (United States)

    2012-08-17

    ... International Law (ACPIL): Notice of Public Meeting of the Study Group on International Arbitration and Conciliation The Office of the Assistant Legal Adviser for Private International Law, Department of State.... A Working Group of the United Nations Commission on International Trade Law (UNCITRAL) is currently...

  2. Features of Accepting the Inheritance under the Private International Law

    Directory of Open Access Journals (Sweden)

    Victoria A. Kosovskaya

    2016-09-01

    Full Text Available The article describes the features of acceptance of the inheritance when a hereditary legal relationship goes beyond a single state. The author analyzes the legal and practical ways of accepting the inheritance, as well as studied as possible acceptance of the inheritance. Paying special attention to conflict of laws rules of hereditary relations. In conclusion, the author concludes that the law enforcers in the regulation of genetic relationships beyond one state, may face many challenges arising in this area.

  3. 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.

  4. The Anthropocene and the international law of the sea.

    Science.gov (United States)

    Vidas, Davor

    2011-03-13

    The current law of the sea provides a framework for various specific issues, but is incapable of responding adequately to the overall challenges facing humankind, now conceivably already living in the Anthropocene. The linkages between the development of the law of the sea and the current process towards formal recognition of an Anthropocene epoch are twofold. First, there is a linkage of origin. The ideological foundations of the law of the sea facilitated the emergence of forces that were to lead to the Industrial Revolution and, eventually, to levels of development entailing ever-greater human impacts on the Earth System. Second, there are linkages in interaction. Geological information has prompted key developments in the law of the sea since the introduction of the continental shelf concept in the mid-twentieth century. With the formalization of the Anthropocene epoch, geology might again act as a trigger for new developments needed in the law of the sea. This article explores those two aspects of linkages and examines prospects for further development of the law of the sea framework, through concepts such as the responsibility for the seas as well as those related to new approaches to global sustainability such as the 'planetary boundaries'.

  5. Private international law in the jurisprudence of European courts - family at focus

    OpenAIRE

    Župan, Mirela (ed.)

    2016-01-01

    The Faculty of Law at the Josip Juraj Strossmayer University of Osijek and Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ), within the framework of the Open Regional Fund for Southeast Europe (ORF) – Legal Reform and South East European Law School Network, organized the 11th Regional Private International Law Conference: “Private International Law in the Jurisprudence of European Courts – Family at Focus” (Osijek, Croatia, 11-12 June 2014) It was the 11th meeting of academics: p...

  6. The Law Governing International Intellectual Property Licensing Agreements (A Conflict of Laws Analysis)

    OpenAIRE

    De Miguel Asensio, Pedro Alberto

    2013-01-01

    1. Introduction. 2. Characterization and scope of the law applicable to intellectual property rights. 2.1 Industrial property rights. 2.2 Copyright and related rights. 3. Party autonomy. 4. Applicable law in the absence of choice. 4.1. Typology of contracts and connecting factors. 4.2. License agreements under the Rome I Regulation. 4.3. Characteristic performance. 4.4. Closest connection. 4.5. Model provisions and future perspectives. 5. Overriding mandatory provisions. Bibliography

  7. 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

  8. The development of EU private international law as means of realization of its objectives

    Directory of Open Access Journals (Sweden)

    Bordaš Bernadet I.

    2016-01-01

    Full Text Available This paper offers an overview of the origin and development of Europeanized private international law as the part of union law. The name Europeanized private international law is derived from the method and degree of harmonization of the matter which makes the subject of national private international law. The extent to which harmonization is achieved depends on two factors: the first are the objectives of the European Union as a regional international organization of economic character and the other is the legislative procedures prescribed by the founding treaties of the EU. While the objectives of the EU determine the legal basis of creating the Europeanized private international law, the legislative procedure shows the extent of the powers of the legislative authority to create EU acts falling under matters of private international law. Taking into account these two factors the development of the Europeanized private international law has two periods: the period of inter-state cooperation and the period of communitarization, or europeanization. The research covers analysis of the founding treaties, starting with the Rome Treaty establishing the European Economic Community 1957 and ending with the Lisbon treaties 2007. The focus is on EU objectives and legislative competence of the EU institutions, as well as on the jurisdiction of the Court of justice of the European Union to give preliminary rulings.

  9. The Influence of International Law on the Issue of Co-Parenting: Emerging Trends in International and European Instruments

    Directory of Open Access Journals (Sweden)

    Natalie Nikolina

    2012-01-01

    Full Text Available This paper deals with the question how, if at all, international law influences, or has the potential to influence, national laws on co-parenting, and whether it prescribes, supports or obstructs co-parenting. This question is answered by discussing the relevant provisions of international and European instruments, such as the CRC, the ECHR, the EU Charter and the CEFL Principles, by comparing the different types of instruments with each other; and by highlighting the emerging trends.

  10. 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)

  11. 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

  12. 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

  13. 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

  14. International law on nuclear liability - a critical approach

    International Nuclear Information System (INIS)

    Lopuski, J.Z.

    1995-01-01

    The author discusses in detail the following topics: Compensation for domestic nuclear damage and for transfrontier nuclear damage - rule of formal equality of parties which belongs to the basic rule of civil law considering the position of domestic and foreign victims of a grave accident-juridical consequences of the preponderant role played by the state in the promotion, development and supervision of the nuclear industry-rationale for applying the concept of global limitation of liability in the law on nuclear liability and compensation - financial consequences of uncompensated nuclear damage, borne by the victims directly affected or spread over the whole community of the affected state? (HP)

  15. The quest for a non-conflictual coexistence of international human rights law and humanitarian law: which role for the lex specialis principle?

    NARCIS (Netherlands)

    d' Aspremont, J.; Tranchez, E.; Kolb, R.; Gaggioli, G.

    2013-01-01

    International Humanitarian Law (hereafter IHL) and International Human Rights Law (hereafter HRL) undoubtedly share some kinship. Yet, most international lawyers and judges, confronted with the simultaneous application of these two sets of norms have made a resort to the principle lex specialis

  16. 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.

  17. International law and the responsibility to protect: legal and ...

    African Journals Online (AJOL)

    operation, peace, security and amicable relations among nations of the world. Internal conflicts, however, continue to pose threat to the international order and development globally. Consequently, the Responsibility to Protect (R2P) principle has ...

  18. 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)

  19. The Role of Private International Law in Corporate Social Responsibility

    NARCIS (Netherlands)

    G. van Calster (Geert)

    2014-01-01

    markdownabstract__Abstract__ This contribution firstly reviews developments in the EU and in the United States on corporate social responsibility and conflict of laws. It concludes with reference to some related themes, in particular on the piercing of the corporate veil and with some remarks on

  20. 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.

  1. Book Review: Climate change, forced migration, and international law

    African Journals Online (AJOL)

    Journal of Sustainable Development Law and Policy (The). Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives · Journal Home > Vol 1, No 1 (2013) >. Log in or Register to get access to full text downloads.

  2. International Law and the Changing Character of War. Volume 87

    Science.gov (United States)

    2011-01-01

    visited Jan. 17, 2011). 69. See, e.g., Husband of Maria Fanny Suarez de Guerrero v. Colombia , Human Rights Comm., 37th Sess., No. R.l 1/45, P 12.2, U.N...States and comparable provisions in other States’ laws, as well as judicial doctrines related to non-justiciability. See El-Shifa Pharmaceutical Industries

  3. 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.…

  4. 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 ...

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

    NARCIS (Netherlands)

    Bart Wernaart; Bernd M.J. van der Meulen

    2017-01-01

    International Food Law and Policy is the first interdisciplinary piece of academic literature of its kind with a comprehensive, reader-friendly approach to teaching the major aspects of food regulation, law, policy, food safety and environmental sustainability in a global context. The sections are

  6. The History of International Private Law in China and its sources

    Directory of Open Access Journals (Sweden)

    Laura Soto von Arnim

    2013-02-01

    Full Text Available Chinese International Private Law has a long history as its first provision dates from the Mingli Code during the Ming Dynasty. Despite its early beginnings, Private International Law really began to develop during the 1980’s. In China, this branch of law includes Conflict of Law rules, Conflict of Jurisdiction rules, and the Recognition and Enforcement of Judgments in civil and commercial matters. Despite the fact that in China there are various opinions about which would be the best type of codification method between a complete and a subject-by-subject codification, the newest Chinese International Private Law, which dates from October 28, 2010, has only codified conflict of laws rules. This law represents an important advance in the China’s Private International Law development even though some of its provisions have been widely criticized

  7. 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

  8. 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...: April 11, 2012. Michael Dennis, Attorney-Adviser, Office of Private International Law, Office of the...

  9. 78 FR 55772 - U.S. Department of State Advisory Committee on Private International Law: Notice of Annual Meeting

    Science.gov (United States)

    2013-09-11

    ... International Law: Notice of Annual Meeting The Department of State's Advisory Committee on Private International Law (ACPIL) will hold its annual meeting on Monday, October 21 and Tuesday, October 22, 2013 in... the discussion will focus on a number of areas, e.g., international family law; micro, small and...

  10. 76 FR 19826 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Notice of...

    Science.gov (United States)

    2011-04-08

    ... International Law (ACPIL): Notice of Public Meeting of Its Online Dispute Resolution (ODR) Study Group The Office of the Assistant Legal Adviser for Private International Law, Department of State hereby gives... International Law, Department of State, Washington, DC. Participants should appear by 9:45 a.m. at the C Street...

  11. 75 FR 55846 - U.S. Department of State Advisory Committee on Private International Law: Public Meeting on the...

    Science.gov (United States)

    2010-09-14

    ... International Law: Public Meeting on the Work of the UNCITRAL Working Group on Procurement The United Nations Commission on International Trade Law (UNCITRAL) Working Group on Procurement will next meet November 1-5... International Law, to obtain the views of concerned stakeholders. Time and Place: The public meeting will take...

  12. 77 FR 72904 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Notice of...

    Science.gov (United States)

    2012-12-06

    ... International Law (ACPIL): Notice of Public Meeting of the Study Group on the Hague Convention on Choice of Court Agreements The Office of the Assistant Legal Adviser for Private International Law, Department of... individuals who advise the Office of Private International Law that they wish to participate in the...

  13. 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 for Private International Law, Department of State, hereby gives notice that the ACPIL ODR Study Group... information. Dated: September 11, 2012. Michael J. Dennis, Office of Private International Law, Office of the...

  14. 76 FR 26333 - U.S. Department of State Advisory Committee on Private International Law (ACPIL); Notice of...

    Science.gov (United States)

    2011-05-06

    ... International Law (ACPIL); Notice of Public Meeting of Its Study Group on the Hague Convention on Choice of Court Agreements The Office of the Assistant Legal Adviser for Private International Law, Department of... Assistant Legal Adviser for Private International Law, Department of State, Washington, DC. Participants...

  15. 77 FR 530 - Department of State Advisory Committee on Private International Law: Notice of Renewal of Charter

    Science.gov (United States)

    2012-01-05

    ... 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... international law; provides a means for state, local and private sector viewpoints to be made available to the...

  16. 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 for Private International Law, Department of State, hereby gives notice that the ACPIL ODR Study Group... International Law, Office of the Legal Adviser, Department of State. [FR Doc. 2013-25405 Filed 10-25-13; 8:45 am...

  17. 77 FR 75695 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Notice of...

    Science.gov (United States)

    2012-12-21

    ... International Law (ACPIL): Notice of Public Meeting of the Study Group on the Hague Judgments Project The Office of the Assistant Legal Adviser for Private International Law, Department of State, hereby gives... International Law. Last April, the General Affairs and Policy Council of the Hague Conference decided to proceed...

  18. 78 FR 50480 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

    Science.gov (United States)

    2013-08-19

    ... International Law (ACPIL): Public Meeting on Arbitration The Office of the Assistant Legal Adviser for Private International Law, Department of State, gives notice of a public meeting to discuss a draft convention on... United Nations Commission on International Trade Law (UNCITRAL). The public meeting will take place on...

  19. 76 FR 9072 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

    Science.gov (United States)

    2011-02-16

    ... International Law (ACPIL): Public Meeting on Jurisdiction and the Recognition and Enforcement of Judgments The Department of State, Office of Legal Adviser, Office of Private International Law would like to give notice... the Council on General Affairs and Policy of the Hague Conference on Private International Law...

  20. 77 FR 5292 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Notice of...

    Science.gov (United States)

    2012-02-02

    ... International Law (ACPIL): Notice of Public Meeting of Its Study Group on the Hague Convention on Choice of Court Agreements The Office of the Assistant Legal Adviser for Private International Law, Department of..., 2012. Keith Loken, Assistant Legal Adviser, Private International Law, Department of State. [FR Doc...

  1. 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... take place at the Office of the Assistant Legal Adviser for Private International Law, Department of...

  2. 78 FR 52601 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

    Science.gov (United States)

    2013-08-23

    ... International Law (ACPIL): Public Meeting on Arbitration; Correction AGENCY: Department of State. ACTION: Notice... concerning a U.S. Department of State Advisory Committee on Private International Law (ACPIL) Public Meeting.... Coffee, Acting Assistant Legal Adviser, Private International Law, Officer of the Legal Adviser. [FR Doc...

  3. 77 FR 50758 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Notice of...

    Science.gov (United States)

    2012-08-22

    ... International Law (ACPIL): Notice of Public Meeting on Draft Principles Regarding the Enforceability of Close-Out Netting The Office of the Assistant Legal Adviser for Private International Law, Department of... Legal Advisor, Office of Private International Law, Office of the Legal Advisor, Department of State...

  4. 77 FR 1972 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    Science.gov (United States)

    2012-01-12

    ... 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... International Law, Department of State, Washington, DC in the second floor conference room, Room 240, State...

  5. 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 for Private International Law, Department of State, gives notice of a public meeting to discuss... Commission on International Trade Law (UNCITRAL). The public meeting will take place on Monday, November 4...

  6. 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...

  7. 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

  8. 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

  9. 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.

  10. Counter-Terrorism and the Use of Force in International Law

    National Research Council Canada - National Science Library

    Schmitt, Michael N

    2002-01-01

    In this paper, Michael Schmitt explores the legality of the attacks against Al Qaeda and the Taliban under the "jus ad bellum," that component of international law that governs when a State may resort...

  11. 78 FR 72971 - Notice of Meeting of Advisory Committee on International Law

    Science.gov (United States)

    2013-12-04

    ... DEPARTMENT OF STATE [Public Notice 8533] Notice of Meeting of Advisory Committee on International Law Correction In notice document 2013-28232 appearing on page 70392, in the issue of Monday, November 25, 2013, make the following correction: [[Page 72972

  12. 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...

  13. 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

  14. The Importance of International Law in Counter-Terrorism: The Need for New Guidelines in International Law to Assist States Responding to Terrorist Attacks

    OpenAIRE

    Schlagheck, Heidi Michelle

    2006-01-01

    Terrorism, in one way or another, touches everyone's lives. Its affect could be as small as watching media stories on the nightly news and waiting longer in a security line at the airport or as significant as losing a loved one in an attack. As individuals come to grips with living with increased terrorist violence, individual nation-states and the international community have to prepare themselves to prevent, react to, and counter terrorism. This thesis examines whether international law ...

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

    Science.gov (United States)

    1999-06-01

    that it has attained particular significance in the last decade. For instance, Hans Kelsen noted: There are two kinds of force not exercised by...reprisals. HANS KELSEN , COLLECTIVE SECURITY UNDER INTERNATIONAL LAW 57 n.5 (49 Naval War College International Law Studies 1954, 1956). Ian Brownlie...Nations, 41 AM. J. INT’L L. 872 (1947); Hans Kelsen , Collective Security and Collective Self-Defense under the Charter of the United Nations 42 AM. J

  16. The Principle of Balance in International Business Contract Law (in Anticipation of the Free Trade Era)

    OpenAIRE

    Cindawati, Cindawati

    2012-01-01

    The balance principle contains the ideal of reaching a balance. This includes the balance in a business contract or agreement where respective individual interests are guaranteed by an objective law, specifically in the law of business contracts. This principle regulates parties involved in International business contracts, such as the United Nations Convention on Contracts for the International Sale of Goods 1980, and in the founding of the World Trade Organization (WTO). In the future, the ...

  17. Sexual and Gender Based Crimes in International Criminal Law: Moving Forwards or Backwards?

    OpenAIRE

    Khadija Ali

    2015-01-01

    Prosecution of sexual violence in international criminal law requires not only an understanding of the mechanisms employed to prosecute sexual violence but also a critical analysis of the factors facilitating perpetuation of such crimes in armed conflicts. The extrapolations laid out in this essay delve into the jurisprudence of international criminal law pertaining to sexual and gender based violence followed by the core question of this essay – has the entrenchment of s...

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

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

    Song selected Guyana for her research because “I'm really interested in looking at jurisdictions that are very sparsely populated,” she says. “I felt like Guyana had a lot more similarities to Nunavut, where I was practising before.” Following a Master's in Law degree, Song wanted “to see if I can transition into becoming a ...

  19. 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)

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

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

    Countries that have ratified or acceded to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the International ... Les pays qui ont adhéré à la Convention sur l'élimination de toutes les formes de discrimination à l'égard des femmes et au Pacte international relatif aux droits ...

  1. The Transformation of International Law in the 19th century

    DEFF Research Database (Denmark)

    Lev, Amnon

    2011-01-01

    The chapter analyzes the structural changes to the state system which took place in the aftermath of the Napoleonic Wars, giving rise to modern international legal discourse.......The chapter analyzes the structural changes to the state system which took place in the aftermath of the Napoleonic Wars, giving rise to modern international legal discourse....

  2. 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.

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

    DEFF Research Database (Denmark)

    Cebulak, Pola

    2012-01-01

    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......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...... structure of international legal order create structural possibilities for the EU judge to engage in a dialogue shaping the relations among legal orders on the international scene. Further, the defense of the autonomy of European legal order as an important factor guiding the EU judges leads...

  4. Status, prospects and possibilities of international harmonization in the field of nuclear energy law

    International Nuclear Information System (INIS)

    Pelzer, N.

    1986-01-01

    In September 1985, the 7th international conference of the Association Internationale du Droit Nucleaire (AIDN)/International Nuclear Law Association (INLA), Nuclear Inter Jura '85, was held in Constance (Lake Constance), with the title 'Status, prospects and possibilities of international harmonization in the field of nuclear energy law'. Four working sessions were devoted to the issues 'Licensing and decommissioning of nuclear installations', 'Nuclear liability', 'Nuclear exportation and importation', and 'International standards of radiation protection'. In the fields of liability and radiation protection, harmonization has been achieved to a high degree, in the two remaining fields harmonization is deemed useful. The volume provides for a handbook of the international nuclear law in force. (CW) [de

  5. 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.

  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. 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

  8. 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

  9. International Law and the climate change adaptation policy in the United Kingdom

    Directory of Open Access Journals (Sweden)

    Gabriel Araya Ahumada

    2016-11-01

    Full Text Available This article describes in what ways international environmental law, the international regime of climate change and the European Union have influenced current climate change adaptation governance in the United Kingdom, especially in relation with the sustainable development policy.

  10. 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

  11. 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…

  12. 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

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

    African Journals Online (AJOL)

    The paper examines the legal nature of the dispute between the International Criminal Court (ICC) and the African Union (AU), and observes that the core issue ... Such an interpretation of the Rome Statute would indicate that states should exercise caution in arresting a sitting Head of State such as Sudanese President ...

  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. The independence of the domestic judiciary in international law

    NARCIS (Netherlands)

    Nollkaemper, A.

    2006-01-01

    International courts, such as the ICC, the ICTR and the ECHR, may be willing to entrust domestic courts to do what they would have done themselves, but only if and to the extent that such domestic courts are sufficiently insulated from pressures from the political branches of their state. If this

  17. 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

  18. 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

  19. 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

  20. 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

  1. ethiopian law of international carriage by air: an overview

    African Journals Online (AJOL)

    eliasn

    number of passenger ticket and the number and weight of the packages. See note 92 infra. 14 See, for ..... 44 Within the ticket Ethiopian Airlines issues, one finds a notice stating that “for all international carriage to ..... negotiable108 thereby facilitating documentary sale and the combined air-sea or air-land transportation of ...

  2. Operation Sophia in Uncharted Waters: European and International Law Challenges for the EU Naval Mission in the Mediterranean Sea

    DEFF Research Database (Denmark)

    Butler, Graham; Ratcovich, Martin

    2016-01-01

    to scepticism on the viability of this type of operation, ranging from challenges under European Union law regarding mandate and oversight, to complex questions of compliance with international law. Forcible measures may be at variance with the international law of the sea, binding on the EU and its Member...... States alike. Even if such strictures can be avoided by a broad United Nations mandate and/or the consent of the neighbouring government(s), international refugee law and international human rights law provide limitations on measures that Operation Sophia will be tasked with. A number of avenues...

  3. Bridging the gap: Private international law principles for intellectual property law

    NARCIS (Netherlands)

    van Eechoud, M.

    2016-01-01

    This past decade has seen a veritable surge of development of ‘soft law’ private international instruments for intellectual property. A global network has been formed made up of academics and practitioners who work on the intersection of these domains. This article examines the synthesizing work of

  4. 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.

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

    Science.gov (United States)

    Eckhardt, Jappe; Elsig, Manfred

    2015-01-01

    In this article we compare United States and European Union 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. PMID:27867316

  6. 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.

  7. 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.

  8. Charles de Gaulle, anti-hegemonic discourse and international law

    OpenAIRE

    Dhondt, Frederik

    2015-01-01

    French President Charles de Gaulle (1890-1970) was a controversial figure on the international scene during the Cold War. He steered an original and provocative course bordering on independence from the bipolar structure of post-1945 world politics. De Gaulle’s combination of national independence and a global appeal to state sovereignty casts a long shadow over foreign policy debates in France and in Europe. Although his references to the long run of geopolitics, to history or to “Grandeur” ...

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

    DEFF Research Database (Denmark)

    Wouters, Jan; Odermatt, Jed

    2016-01-01

    of norm-generating bodies that are active in the field of banking and financial regulation, and the extent to which the EU is represented in these bodies. It then discusses the extent to which these bodies have influenced EU regulation in practice, focusing on the Union’s main regulatory efforts since...... the crisis. These reforms have been highly influenced by non-binding commitments made in informal bodies at the international level....

  10. 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...

  11. International law on ship recycling and its interface with EU law.

    Science.gov (United States)

    Argüello Moncayo, Gabriela

    2016-08-15

    The regulation on ship recycling at international and European Union (EU) level has transitioned from the realm of transboundary movement of wastes to a specialized regime, i.e., the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships (2009) (Hong Kong Convention). Although this convention is not in force yet, the principal features of it have been incorporated in EU Regulation 1257/2013 on ship recycling. This paper examines the rationale behind developing a ship recycling regime, its disassociation from wastes, and the departure from the main principles of transboundary movement of wastes, such as the proximity principle, reduction of transboundary movement of wastes, and the prior informed consent procedure. While acknowledging some of the positive features of the emerging ship recycling, it is submitted that the Hong Kong Convention and EU Regulation 1257/2013 on ship recycling represent a step back in the regulation of ship recycling. Copyright © 2016 Elsevier Ltd. All rights reserved.

  12. Law on the rocks: international law and China’s maritime disputes

    OpenAIRE

    Nakata, Jason S.

    2014-01-01

    Approved for public release; distribution is unlimited Maritime disputes in the Western Pacific have increased tensions among East Asian states. This thesis uses three case studies to investigate two questions: first, whether China’s maritime claims and behavior align with international legal principles governing maritime disputes, and second, which IR framework best describes China’s behavior related to its maritime disputes. The first case study examined ten legal rulings on maritime sov...

  13. Bridging Scholarship and Practice: 20 Years of the Public International Law and Policy Group

    Directory of Open Access Journals (Sweden)

    Brianne McGonigle Leyh

    2017-04-01

    Full Text Available When the Editor-in-Chief of the Utrecht Journal of International and European Law (UJIEL approached us with the possibility of guest editing a special issue related to public international law and policy, we felt the timing could not have been better. As academics at Utrecht University with the Netherlands Institute of Human Rights and Montaigne Centre for Judicial Administration and Conflict Resolution, we felt that a theme linking the world of lawyers with that of policymakers was important in order to examine the role of law in protecting human rights and security. Moreover, as Senior Counsel with the Public International Law & Policy Group (PILPG, which celebrated its 20-year anniversary in 2016, we welcomed the idea to link academic scholarship with the work of PILPG. After all, PILPG’s founders, Professor Paul Williams and Professor Michael Scharf, have themselves acted as bridges between scholarship and practice for years. As a result, this special edition is not only intended to highlight the extraordinary work carried out by PILPG on issues of law and policy around the world, but also to emphasise the importance of linking scholarship with practice and addressing contemporary issues impacting the world in which we live. PILPG’s motto ‘lawyering peace’ requires reflection on the role that law can play in helping to bring about the peaceful resolution of serious problems affecting individuals and societies as a whole. This special edition of UJIEL, addressing a variety of themes, does just that.

  14. 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.

  15. International electronic contracts and Brazilian law: between the domestic legal deficit and global solutions

    Directory of Open Access Journals (Sweden)

    Fabrício Bertini Pasquot Polido

    2017-05-01

    Full Text Available http://dx.doi.org/10.5007/2177-7055.2017v38n75p157 The article explores some issues regarding the interface between international electronic contracts and private international law. Today, thanks to the internet, crossborder commercial transactions, previously unthinkable, become possible. However, as to the inherent specificities of the internet, contracts having connecting factors offer bring questions related to determination of law applicable or even validity issues, among others. Unlike the extensive regulatory agenda furthered by the United Nations Commission on International Trade Law on the subject, Brazil needs to assess existing initiatives and designing the necessary solutions for ensuring legal certainty in this field.

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

    DEFF Research Database (Denmark)

    Fogt, Morten Midtgaard

    2013-01-01

    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...... 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...... 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...

  17. 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 ...

  18. 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.

  19. THEORETICAL AND PRACTICAL CONSIDERATIONS ON SELF-DEFENSE IN INTERNATIONAL LAW

    Directory of Open Access Journals (Sweden)

    Andrei-Costin GRIMBERG

    2017-05-01

    Full Text Available Attempts to legitimize war have been made since ancient times. In ancient Greece, for example, war was considered legitimate for the winners. Nowadays, the old Latin phrase “jus ad bellum”**, in whose name states have frequently engaged in warfare, has been abolished. As a result, the UN Charter has established a complex system for the sanctioning of the aggressor state, designed to ensure and restore the international rule of law by putting an end to acts of violence and minimizing their consequences. Self-defense is a right the states may exercise under well-established conditions and limitations only. With respect to nations that are dominated by foreign states and are therefore seeking to gain their independence and exercise their legitimate rights by all means, including by war, it has been established that the use of armed force by the dominator-states is an act of aggression forbidden by the international rule of law. The non-aggression principle is basically the one that has turned international law from a law of war into a law of peace, to the point where war is considered today as the most serious international crime.

  20. 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.

  1. The rights of Turkish migrants in Europe under international law and EU law.

    Science.gov (United States)

    Cicekli, B

    1999-01-01

    This paper investigates three issues concerning female immigration in the European Union during the past decade: 1) the sequence of labor migration and family reunification is assessed; 2) family migration is examined in detail; and 3) the implications of the diversification of contemporary female migration are studied. In addition, it presents arguments regarding the necessity of considering the reality of changing patterns of employment, households, and social structures to increase our knowledge of European immigration. Family reunion, as much as full-fledged labor migration, reveals the multiple personal and familial strategies involved in the process of migration. Theoretization of international migration emphasizes its diversification including the growing significance of minority skilled migrants. Absence of a sustained dialogue between feminist and mainstream researchers in the field of migration studies is one of the major problems in achieving change in the theoretical understanding of gender international migration in Europe. It was also observed that the communication between migrant women and mainstream European feminist movements has been poor. Lastly, it was proposed that migration theories and models should revolve around the multiple aspects of women's lives in order to catch up with the changes of the last few decades in employment, household and social structures.

  2. APPLYING INTERNATIONAL HUMANITARIAN LAW TO CYBER-ATTACKS

    Directory of Open Access Journals (Sweden)

    Dan-Iulian VOITAŞEC

    2015-07-01

    Full Text Available Technology plays an important role in everyday life. Technological advancement can be found in every field of government including the military. Because of this, new means and methods of conducting hostilities have emerged. Cyber warfare starts to represent the latest challenge at an international level. States and non-state actors have started to implement new security policies and new defences against cyber-attacks but also have embraced using cyber-attacks as a method of conducting hostilities. The question that has to be answered regarding the use of cyber-attacks is what is the legal regime that governs such attacks and if IHL can apply to cyber warfare?

  3. 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.

  4. 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

  5. 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

  6. 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.

  7. The Method of Economic Analysis of International Law: What are its Limits?

    DEFF Research Database (Denmark)

    Tang, Yi Shin

    2016-01-01

    The article discusses the most recent developments regarding the use of the so-called “economic analysis” approaches to international law. It reviews the main features of this methodology and its potential contribution for promoting critical scholarship in international legal studies, particularly...... in specific contemporary issues such as international security, trade and environment. The article also points out the most important limitations of this approach, which mainly derive from a misunderstanding of the assumptions behind the use of rational choice theories, particularly through a recurrent...... oversimplification of international relations literature...

  8. 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

    . 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......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...

  9. 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

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

    OpenAIRE

    AUGENSTEIN, Daniel

    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 entities leads to a collusion of sovereign state interest and globalised corporate power at the expense of protecting the rights of victims of human rights violations in the global market economy. The con...

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

    OpenAIRE

    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 w...

  12. 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…

  13. 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

  14. 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...

  15. International law, the United Kingdom and decisions to deploy troops abroad

    OpenAIRE

    White, Nigel D.

    2010-01-01

    Examines the role that international law plays in UK institutions of government when considering the deployment of armed forces to conflict and post-conflict zones. This is put into the context of the debate in the UK about the introduction of a War Powers Resolution.

  16. 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)

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

    NARCIS (Netherlands)

    Peng, Q.

    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. 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

  19. 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

  20. 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

  1. World Crisis as "Teachable Moment": Joining Global Issues, International Law, and the Internet in the Classroom.

    Science.gov (United States)

    Leary, John E., Jr.

    2000-01-01

    Describes a mock judicial proceeding that incorporated computers in the classroom and questioned international law. Explains that students were divided into interested parties in the Kosovo conflict (NATO members, the Yugoslavian government, Kosovo Albanians, Russians, and Chinese), a delegation of human-rights groups, and a panel of judges. (CMK)

  2. Cultural Pluralism in International Human Rights Law: The Role of Reservations

    NARCIS (Netherlands)

    Donders, Y.

    2013-01-01

    This paper addresses cultural pluralism in international human rights law by analysing reservations to human rights treaties. It has been argued that reservations "…are a legitimate, perhaps even desirable, means of accounting for cultural, religious, or political value diversity across nations".

  3. The Use of Remote Sensing Satellites for Verification in International Law

    Science.gov (United States)

    Hettling, J. K.

    The contribution is a very sensitive topic which is currently about to gain significance and importance in the international community. It implies questions of international law as well as the contemplation of new developments and decisions in international politics. The paper will begin with the meaning and current status of verification in international law as well as the legal basis of satellite remote sensing in international treaties and resolutions. For the verification part, this implies giving a definition of verification and naming its fields of application and the different means of verification. For the remote sensing part, it involves the identification of relevant provisions in the Outer Space Treaty and the United Nations General Assembly Principles on Remote Sensing. Furthermore it shall be looked at practical examples: in how far have remote sensing satellites been used to verify international obligations? Are there treaties which would considerably profit from the use of remote sensing satellites? In this respect, there are various examples which can be contemplated, such as the ABM Treaty (even though out of force now), the SALT and START Agreements, the Chemical Weapons Convention and the Conventional Test Ban Treaty. It will be mentioned also that NGOs have started to verify international conventions, e.g. Landmine Monitor is verifying the Mine-Ban Convention. Apart from verifying arms control and disarmament treaties, satellites can also strengthen the negotiation of peace agreements (such as the Dayton Peace Talks) and the prevention of international conflicts from arising. Verification has played an increasingly prominent role in high-profile UN operations. Verification and monitoring can be applied to the whole range of elements that constitute a peace implementation process, ranging from the military aspects through electoral monitoring and human rights monitoring, from negotiating an accord to finally monitoring it. Last but not least the

  4. 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.

  5. 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.

  6. COMBATING DISCRIMINATION ON THE GROUNDS OF DISABILITY IN INTERNATIONAL AND EU LAW

    Directory of Open Access Journals (Sweden)

    Gregor Maucec

    2013-01-01

    Full Text Available The article provides for a critical overview of international and in particular EU human rights and non-discrimination frameworks relevant and applicable to unequal treatment of persons with disabilities. Having considered the contents and scope of relevant international human rights and non-discrimination provisions the author turns to the questions as to how these provisions might be exercised, who the rights holders and duty bearers would be and what the challenges of balancing different rights and needs are. The article also includes the definition of the concept of disability in the context of non-discrimination law and examines the dimensions of disability discrimination as defined in international and EU law. The author concludes that international and especially modern EU non-discrimination law establish a wide and inclusive legal framework for dealing with disability discrimination. However, the actual scope of the realization of international and European legal standards on disability discrimination in each state will depend on the consistency and effectiveness of their national implementation and on the manner of putting them into practice.

  7. 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

  8. 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'?

  9. 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

  10. 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

  11. 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.

  12. 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...

  13. The Protection of the Rights of individuals in International Law: Is selectivity compatible with universalism?

    Directory of Open Access Journals (Sweden)

    Francisco Orrego Vicuña

    2010-05-01

    Full Text Available The international protection of human rights has been based on the principle of universality that characterizes this concern of the international law, but the intervention of selectivity criteria has led a discrepancy in the results. Several factors have limited the effective protection: there is no clarity as compared to concepts of enforceability and binding instruments, norm of ius cogens and normative hierarchy; infl uence of the political conjuncture and the international relations between States; States delegate in the different international organizations, the fulfi llment of their obligations; States are selective by political contributors; Regional institutions stimulate the selectivity for having included in their decisions, not legal issues. To face this, international law must restore the original values, on having returned to the origins of the international protection and to the purpose of providing direct access to the individuals before the international institutions that there guarantees both the democracy and the professional impartiality. And the institutional changes that could be justifi ed for the protection sought to transform into a universal reality.

  14. 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.

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

    Science.gov (United States)

    Prabhu, Kartik

    2017-02-01

    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 entropy

  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. “Scope of State Responsibility Against Terrorism in International Law Perspective; Indonesian Cases”

    Directory of Open Access Journals (Sweden)

    Dian Purwaningrum Soemitro

    2016-04-01

    Full Text Available Abstract: Scope of State Responsibility Against Terrorism in International Law Perspective; Indonesian Cases. The emergence of global terrorism cases within more than a decade, marked by the tragedy of 9/11, making the issue of it being a big problem. The State as one of the subjects of International Law, into the spotlight. One of the problems that developed was the extent of the responsibility of the State towards acts of terrorism that occurred in the region of his sovereignty, which caused casualties both its own citizens or foreign nationals. In the case of terrorism that happened in Indonesia, the State's responsibility to the International Conventions implementation are very insufficient and the efforts from the country by creating a system of criminal justice to the criminal offence of terrorism has not been a maximum. There should be an obligation of the internationally imposed on it. The problem is if the terrorism was occurred will be submitted to the International Law are likely to be open to foreigners intervention. This is of course contrary to the principles of International Law. However, in the development of International Law as it has evolved in the Principle of the Responsibility to Protect and that should be accepted by any countries in order to attract the embodiment of the country against the security and Human Rights Abstrak: Lingkup Pertanggungjawaban Negara Terhadap Terorisme dalam Perspektif Hukum Internasional pada Kasus Indonesia. Munculnya kasus terorisme global dalam satu dekade, ditandai dengan tragedi 9/11 yang menjadi masalah besar. Salah satu masalah yang berkembang adalah sejauh mana tanggung jawab negara terhadap aksi terorisme yang terjadi di wilayah kedaulatannya, yang menyebabkan timbulnya korban, baik warga negaranya sendiri atau warga negara asing. Dalam kasus terorisme yang terjadi di Indonesia, pertanggungjawaban negara terlihat dalam pelaksanaan Konvensi Internasional dan upaya menciptakan sistem

  19. 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.

  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

    2017-06-01

    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.

  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 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

  3. Diplomacia e multilingüismo no Direito Internacional Diplomacy and multilinguism in International Law

    Directory of Open Access Journals (Sweden)

    Evandro Menezes de Carvalho

    2006-12-01

    Full Text Available No presente artigo se discute o papel do discurso diplomático e das línguas na negociação e na interpretação do Direito Internacional. A tradução ocupa um lugar central. Discute-se o poder da língua estrangeira na construção deste direito e a complexidade do ato interpretativo de tratados autenticados em mais de um idioma.This paper discusses the roles of the diplomatic discourse and the language in the negotiation and interpretation of international law. We argue that language translation is central to the problem. We examine the power of a foreign language in the construction of international law and the complexity involved while interpreting treaties that have been validated in more than one language.

  4. Current issues of international law in regulating counter-insurgency and counter-terrorism

    Directory of Open Access Journals (Sweden)

    Mária Bordás

    2014-10-01

    Full Text Available The study sheds light on the current tendencies if the international law on warfare can successfully be applied in the practical reality in the progress of counterinsurgency and counterterrorism efforts. There have been two phenomena identified recently in the warfare which are endangering public security and public safety of the democratic states of the world: terrorism and insurgency. Both of them mean a threat and violation to the population and the government authorities. It has been queried in the military literature whether these new forms of warfare should be handled by military engagements or law enforcement. This is, nevertheless, not just a dilemma of the strategy how to combat against it, but should be, at the same time, in accordance with the international legal regulations, too.

  5. 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”.

  6. 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

  7. Judicial contributions of the Sierra Leone tribunal to the development of international criminal law

    OpenAIRE

    Jalloh, C.C.

    2016-01-01

    This dissertation considers whether the Special Court for Sierra Leone (“SCSL”), which was established jointly through an unprecedented bilateral treaty between the United Nations (“UN”) and Sierra Leone in 2002, has made jurisprudential contributions to the development of international criminal law. The work opens with an examination of the outbreak of a notoriously brutal civil war in Sierra Leone which lasted between March 1991 and January 2002 and led to the deaths of approximately 75,000...

  8. 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...

  9. 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.

  10. 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.

  11. International Law Has a Role to Play in Addressing Antibiotic Resistance.

    Science.gov (United States)

    Hoffman, Steven J; Røttingen, John-Arne; Frenk, Julio

    2015-01-01

    If an international legal agreement is needed for any of today's global health challenges, it would be antibiotic resistance (ABR). This challenge is transnational, its solution justifies coercion, tangible benefits are likely to be achieved, and other commitment mechanisms have thus far not been successful. Since addressing ABR depends on near-universal and interdependent collective action across sectors, states should utilize an international legal agreement - which formally represents the strongest commitment mechanism available to them. © 2015 American Society of Law, Medicine & Ethics, Inc.

  12. 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....

  13. 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....

  14. Can international law improve mental health? Some thoughts on the proposed convention on the rights of people with disabilities.

    Science.gov (United States)

    Jones, Melinda

    2005-01-01

    This paper examines the promise of the proposed Convention on the Rights of People with Disabilities to improve the position of people with mental illness. Proponents of the new Disability Convention argue that the state of human rights abuses experienced by people with disabilities is intolerable, that the existing international law is inadequate, that additional international law will increase the visibility of people with disabilities and will clarify the fundamental entitlement to equality, and that, as a result, the position of people with disabilities will be greatly enhanced. This paper questions the value of international law to achieve real change and warns against placing too much faith in the law. The potential of a new international law to rectify the wrongs experienced by people with psychiatric disabilities will depend on whether the new law specifically displaces the existing international law which undermines the rights of people with mental illness and on the final terms of the Convention with respect to recognition and enforcement. Ironically, it is the process of developing the Convention which has been empowering, and the utility of the new law will ultimately turn on the continuation of the momentum built through this process.

  15. 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.

  16. 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.

  17. 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.

  18. The Humanitarian Face of the International Court of Justice: Its Contribution to Interpreting and Developing International Human Rights and Humanitarian Law Rules and Principles

    NARCIS (Netherlands)

    Zyberi, G.

    2008-01-01

    In analyzing and describing the contribution and the role of an important international judicial body such as the International Court of Justice (ICJ, World Court, or simply the Court) in the interpretation and the development of international human rights and humanitarian law rules and principles

  19. 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

  20. The World Court’s Ongoing Contribution to International Water Law: The Pulp Mills Case between Argentina and Uruguay

    Directory of Open Access Journals (Sweden)

    Owen McIntyre

    2011-06-01

    Full Text Available The judgment of the International Court of Justice in the Pulp Mills (Argentina v. Uruguay case makes a very important contribution to international law relating to shared international water resources and to international environmental law more generally. It does much to clarify the relationship between procedural and substantive rules of international environmental law. The Court linked interstate notification of new projects to the satisfaction of the customary due diligence obligation to prevent significant transboundary harm. It found that environmental impact assessment (EIA is an essential requirement of customary international law in respect of activities having potential transboundary effects. The real significance of the judgment is that it held that the duty to notify, and the related duty to conduct an EIA taking account of transboundary impacts, exist in customary international law and thus apply to all states, not just those that have concluded international agreements containing such obligations. The Court confirmed that for shared international water resources, the principle of equitable and reasonable utilisation, universally accepted as the cardinal rule of international water law, is virtually synonymous with the concept of sustainable development, and suggests that considerations of environmental protection are absolutely integral to the equitable balancing of interests involved. The judgment makes it clear that the principle of equitable utilisation ought to be understood as a process, rather than a normatively determinative rule. This ought to help to address widespread confusion about the nature of the key rules and principles of international water resources law and its role in the resolution of water resources disputes and in environmental diplomacy more generally.

  1. 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/

  2. Public services in the international investment arbitration: an approach under the perspective of the global administrative law

    OpenAIRE

    Hernández, José

    2016-01-01

    The public service has been, traditionally, a domestic concept of the Administrative Law. However, as a consequence of globalization, the public service regulation by the Administration is also subject to the Global Administrative Law, specifically in the context of the international investment arbitration.

  3. HIV, disability and discrimination: making the links in international and domestic human rights law.

    Science.gov (United States)

    Elliott, Richard; Utyasheva, Leah; Zack, Elisse

    2009-11-09

    Stigma and discrimination constitute one of the greatest barriers to dealing effectively with the HIV epidemic, underlying a range of human rights violations and hindering access to prevention, care, treatment and support. There is some existing protection against HIV-based discrimination under international law, but the extent of states' obligations to address such discrimination has not been comprehensively addressed in an international instrument.The United Nations Convention on the Rights of Persons with Disabilities entered into force in May 2008. As countries ratify the convention, they are required to amend national laws and policies to give greater protection to the human rights of people with disabilities, including abolishing disability-based discrimination by the state and protecting persons against such discrimination by others. The Disability Convention addresses many of the issues faced by people living with HIV (PLHIV) but does not explicitly include HIV or AIDS within its open-ended definition of "disability".Therefore, the advent of the Disability Convention prompts us to consider the links between HIV and disability and, specifically, to consider the opportunities it and other legal mechanisms, international or domestic, may afford for advancing the human rights of PLHIV facing human rights infringements. We do so in the belief that the movement for human rights is stronger when constituencies with so many common and overlapping interests are united, and that respectful and strategic collaboration ultimately strengthens both the disability rights and the AIDS movements.In this article, we first examine the links between HIV and disability. We then provide a brief overview of how international human rights law has treated both disability and HIV/AIDS. We note some of the different ways in which national anti-discrimination laws have reflected the links between HIV and disability, illustrated with representative examples from a number of countries

  4. 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...

  5. 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...

  6. 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

  7. 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

  8. Process analysis transit of municipal waste. Part I - International provisions of law

    Directory of Open Access Journals (Sweden)

    Starkowski Dariusz

    2017-06-01

    Full Text Available One of the crucial reasons of the system changes of waste management in our legal system in Poland was a need to implement solutions and mechanisms that are applied in the European Union. At the European Union law level, a Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives constitutes a basic legal document described in this part of the article. The essential idea of the quoted directive is creating legal measures, promotion of eliminating waste production and treating it as a source instead. Achievement of these assumptions requires providing segregation at source and recycling of the main waste streams above all. It is necessary to encourage this action and support the reuse of products and waste utilization. Indicated international legal instruments are of primary importance for internal rules, which shall be constructed in a way that enables the achievement of goals determined by the EU law. Legal-organizational internal systems associated with the management of waste have undergone substantial changes from 2010. National legal provisions will be presented in the second part of the article.

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

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    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.

  10. 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.

  11. Employing moderate resolution sensors in human rights and international humanitarian law monitoring

    Science.gov (United States)

    Marx, Andrew J.

    Organizations concerned with human rights are increasingly using remote sensing as a tool to improve their detection of human rights and international humanitarian law violations. However, as these organizations have transitioned to human rights monitoring campaigns conducted over large regions and extended periods of time, current methods of using fine- resolution sensors and manpower-intensive analyses have become cost- prohibitive. To support the continued growth of remote sensing in human rights and international humanitarian law monitoring campaigns, this study researches how moderate resolution land observatories can provide complementary data to operational human rights monitoring efforts. This study demonstrates the capacity of moderate resolutions to provide data to monitoring efforts by developing an approach that uses Landsat Enhanced Thematic Mapper Plus (ETM+) as part of a system for the detection of village destruction in Darfur, Sudan. Village destruction is an indicator of a human rights or international humanitarian law violations in Darfur during the 2004 study period. This analysis approach capitalizes on Landsat's historical archive and systematic observations by constructing a historic spectral baseline for each village in the study area that supports automated detection of a potentially destroyed village with each new overpass of the sensor. Using Landsat's near-infrared band, the approach demonstrates high levels of accuracy when compared with a U.S. government database documenting destroyed villages. This approach is then applied to the Darfur conflict from 2002 to 2008, providing new data on when and where villages were destroyed in this widespread and long-lasting conflict. This application to the duration of a real-world conflict illustrates the abilities and shortcomings of moderate resolution sensors in human rights monitoring efforts. This study demonstrates that moderate resolution satellites have the capacity to contribute

  12. 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,

  13. Family law matters in a European dimension - A comparative perspective between Brussels II bis Regulation and the new Albanian Act on private international law.

    Directory of Open Access Journals (Sweden)

    Eniana Qarri

    2014-01-01

    Also the paper will focus in the study of the institute of marriage and parental responsibilities in the cases of marriages with foreign elements, seen in the framework of the new Albanian Act “On private international law” compared to the previous law and compared with the EU regulations Brussels II bis and Roma III.

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

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    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.

  15. [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.

  16. Cinema as a Tool for Critical Thinking on Contemporary International Relations: Analysis of the Individual as a Subject of International law Through the Film "Le Havre"

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    Joséli Fiorin Gomes

    2016-06-01

    Full Text Available International relations have shown signs of opening to the participation of different actors, a right time to elevate the individual as a subject of international law. A suitable tool for awareness on the issue is cinema, for it provides a concrete perception on the subject. Thus, an appropriate film is “Le Havre”, which, in the first part of the paper, will be analyzed based on the theory of international relations, resuming postulates of "idealism", to which international law has an important role, in order to, in the second part, see how it addresses the individual's participation in global context.

  17. Integration and incorporation of the international soft law regulations on human rights to criminal and disciplinary systems in Colombia

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    Carlos Arturo Gómez Pavajeau

    2017-07-01

    Full Text Available The soft law regulations have not been considered mandatory, because they do not appear on international treaties. However, an interpretation that acknowledges the human dignity and that pretends to amplify the scope of the human rights, allows that through the conventionality control, those regulations integrate to the Colombian law structure, since they compose the constitutionality block. This novelty has been introduced by the Penitentiary Code, from which, the soft law regulations can be incorporated to the Penal Code and the Penal Procedural Code; a similar exercise could be carried out with the disciplinary law, because the penal system is one; as the disciplinary system.

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

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    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.

  19. Universal law for waiting internal time in seismicity and its implication to earthquake network

    Science.gov (United States)

    Abe, Sumiyoshi; Suzuki, Norikazu

    2012-02-01

    In their paper (Europhys. Lett., 71 (2005) 1036), Carbone, Sorriso-Valvo, Harabaglia and Guerra showed that the "unified scaling law" for conventional waiting times of earthquakes claimed by Bak et al. (Phys. Rev. Lett., 88 (2002) 178501) is actually not universal. Here, instead of the conventional time, the concept of the internal time termed the event time is considered for seismicity. It is shown that, in contrast to the conventional waiting time, the waiting event time obeys a power law. This implies the existence of temporal long-range correlations in terms of the event time with no sharp decay of the crossover type. The discovered power-law waiting event-time distribution turns out to be universal in the sense that it takes the same form for seismicities in California, Japan and Iran. In particular, the parameters contained in the distribution take the common values in all these geographical regions. An implication of this result to the procedure of constructing earthquake networks is discussed.

  20. 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

  1. 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)

  2. Free primary education in Colombia: some arguments of constitutional and international law.

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    Camilo Ernesto Castillo-Sánchez

    2010-06-01

    Full Text Available Colombia is the only country in Latin America which State does not permit that primary education being free. As a consequence the government has not being interested in outlining a policy about free primary education. However, the Colombian constitution has rules that allow use treaties about human rights to interpret their own national rules. Through this technique of constitutional interpretation is possible to defend free primary education as an obligation. Colombia can´t ignore it. In fact, the Corte Constitucional has protected the access and the permanency in educational system based on International Law. In this kind of arguments, reasons about economical costs are irrelevant since right to education has had universal recognition. Our thesis is that there is no reason for Colombia to restrict right to education through the imposition of costs. This idea finds support in the fact that free primary education allows access and permanency in educational system. In addition free primary education is the best way to overcome economical obstacles which affect the right of education. First of all, this article will describe the obligations of Colombia regarding International Law, after that, we will analyze the decisions of the Corte Constitucional. Finally we will pose a conclusion that outlines some topics for future research.

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

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    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.

  4. 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.

  5. 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.

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

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    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

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

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    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.

  8. The Bosnian War Crimes Trial Simulation: Teaching Students about the Fuzziness of World Politics and International Law.

    Science.gov (United States)

    Jefferson, Kurt W.

    1999-01-01

    Explains using the Bosnian war crimes simulation to introduce international law and its political and legal ramifications in the course "Introduction to International Politics." Discusses the characteristics of the simulation, its effectiveness, and the response by students. Offers an evaluation of the exercise. (CMK)

  9. Cognitive conflicts and the making of international law: from empirical concord to conceptual discord in legal scholarship

    NARCIS (Netherlands)

    d' Aspremont, J.

    2013-01-01

    This Article seeks to shed some light on the reasons guiding scholars in their choices pertaining to the cognition of international lawmaking. After a brief outline of the mainstream empirical construction of current norm-generating processes in international law (1) and a further detailed

  10. 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...

  11. 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...

  12. 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.

  13. 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.

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

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    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

  15. 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.

  16. Perceptions of Teachers at the International Institute of Sociology of Law of International Student Diversity: Barriers, Enrichment or Cosmopolitan Learning?

    Directory of Open Access Journals (Sweden)

    Angela L. Melville

    2016-09-01

    Full Text Available One of the main activities of the International Institute of Sociology of Law (IISL is its International Master’s program in Sociology of Law. This program is highly innovative, in that rather than having any in-house teachers, the program is delivered by leading scholars from around the world. In 2014, the IISL celebrated its 25th anniversary, which provided an ideal opportunity to reflect upon the Master’s program. Teachers were invited to provide their views on teaching at the IISL, and the strongest theme that emerged was student diversity. This paper considers why student diversity struck teachers so strongly, and how has the IISL achieved such a highly diverse student body.It then explores teachers’ perceptions of diversity, revealing responses ranging from seeing diversity as a barrier to embracing diversity as enriching for students and teachers alike. Teaching was largely conceived as a form of ‘engaged pedagogy’ (hooks 1994, which involved drawing on a genuine dialogue with students, embracing multiple perspectives, challenging that challenge hegemonic understandings of sociology of law, and interaction beyond the classroom walls. We argue that this model of teaching produces a global community of cosmopolitan, reflective, self-aware, critical, culturally sensitive and caring sociology of law scholars. Una de las actividades principales del Instituto Internacional de Sociología Jurídica (IISJ es su programa de Master Internacional en Sociología Jurídica. Este programa es muy innovador, en él, en lugar de tener profesores propios, son destacados académicos de todo el mundo los que imparten el programa. En 2014, el IISJ celebró su 25 aniversario, lo que supuso una oportunidad ideal para reflexionar sobre el programa de Master. Se invitó a los profesores a que ofrecieran su punto de vista sobre la enseñanza en el IISJ, y el tema más importante que surgió fue la diversidad del alumnado. En este trabajo se analiza por

  17. 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.

  18. 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.

  19. Mistreatment of the Wounded, Sick and Shipwrecked By The International Committee of the Red Cross Study On Customary International Humanitarian Law

    Science.gov (United States)

    2008-01-31

    teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.95 Thus, the... publicists … as subsidiary means for the determination of rules of law.” Statute of the International Court of Justice art. 38, June 26, 1945, 59 Stat...cooperative strategy between States, which is in their long- term best interests, rather than out of a sense of legal obligation, and that this rational

  20. 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