WorldWideScience

Sample records for modern international law

  1. Modernizing international maintenance obligations in Serbia

    Directory of Open Access Journals (Sweden)

    Bordaš Bernadet

    2013-01-01

    Full Text Available The paper deals with the modernization of private international law of maintenance in Serbia in the light of the two newest international instruments drawn up by the Hague Conference on Private International Law. As Serbia has ratified the Hague Protocol on the Law Applicable to Maintenance Obligations in January 2013 introducing modern rules to the legal system of Serbia, the issue of ratification of the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance has arisen, in order to modernize this aspect of the international maintenance as well. In order to establish a position on the issue, the paper presents and analyzes the essential provisions of the Convention (scope of application, administrative cooperation, recognition and enforcement of decisions, stricto sensu enforcement. Based on the analyses, the concluding remarks offers some elements on the bases of which the competent authorities could form an opinion on the necessity and desirability of the ratification of the Convention.

  2. 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.

  3. 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

  4. 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.

  5. 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.

  6. International legal positivism in a post-modern world

    NARCIS (Netherlands)

    Kammerhofer, J.; d' Aspremont, J.

    2014-01-01

    International Legal Positivism in a Post-Modern World provides fresh perspectives on one of the most important and most controversial families of theoretical approaches to the study and practice of international law. The contributors include leading experts on international legal theory who analyse

  7. International Responsibility and the Systemic Character of International Law

    Directory of Open Access Journals (Sweden)

    Saganek Przemysław

    2017-12-01

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

  8. FATF as international law institute

    Directory of Open Access Journals (Sweden)

    І. Б. Кудас

    2013-10-01

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

  9. Multidisciplinary Assessment of Citizenship Approach in Modern Law and Problem of “Denaturalisation” on the Basis of Law and Communication

    Directory of Open Access Journals (Sweden)

    Ayhan Dolunay

    2017-09-01

    Full Text Available Through the provision of general definition for the concepts of “modernisation” with many dimensions and “law”1 as there is no main consensus on the doctrine, our study discussed the concept of “modern law” reached through the related impacts” and addressed the issue of “denaturalisation”, which is defined as “against the modern law system” in the field of “cizitezenship law” as one of the modern law domains covering various concepts within, and is not under the scope of European Convention on Nationality and Turkish Law, however is covered under the applicable citizenship law of the Turkish Republic of Northern Cyprus and under the new law on citizenship aiming the revision of existing law and elaborated that the related issue is not only constitute a question of law but also with another significant aspect harms the communication and relationship between state-individual and state and other states/international organizations. Consequently, our study delivered concrete proposals to eliminate/prevent the divergences caused by the relevant organisation regarding the legal, communication and other domains of social sciences.

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

    Directory of Open Access Journals (Sweden)

    Fabian Augusto Cárdenas Castañeda

    2010-05-01

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

  11. 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

  12. 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.

  13. Globalization And Its Influence On The Development Of International Law

    Directory of Open Access Journals (Sweden)

    Olga M. Mesheriakova

    2014-09-01

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

  14. International Investment Law and EU Law

    DEFF Research Database (Denmark)

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

  15. The international law commission and international environmental law

    International Nuclear Information System (INIS)

    Ramcharan, B.G.

    1975-01-01

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

  16. 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

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

    NARCIS (Netherlands)

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

    2011-01-01

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

  18. UNCLOS and International Law

    DEFF Research Database (Denmark)

    Martinez Romera, Beatriz; Coelho, Nelson F.

    2018-01-01

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

  19. 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.

  20. 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.

  1. 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.

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

    CERN Document Server

    Ullrich, Gerhard

    2018-01-01

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

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

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    Cmiljanić Bajo M.

    2012-01-01

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

  4. The Influence of Beccaria in Modern Criminal Law

    Directory of Open Access Journals (Sweden)

    Manuel Alberto Leyva Estupiñán

    2015-12-01

    Full Text Available “On Crimes and Punishments” by Cesar Beccaria is a fundamental work for modern Criminal Law. The ideas of liberal Criminal Law are presented throughout the book and the basis of philosophy used as a criteria, clearly reappears in Western thought by the middle of the 18th Century. Beccaria is one of the first authors that actually criticize the inquisitive system and canonical law from a philosophical and Criminal Law point of view. The author criticizes capital punishment, tortures to the accused and concludes that prevention should be the final objective of punishment.

  5. Bowett's law of international institutions

    CERN Document Server

    Sands, Philippe

    2009-01-01

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

  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. Globalization, Inequality & International Economic Law

    Directory of Open Access Journals (Sweden)

    Frank J. Garcia

    2017-04-01

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

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

    NARCIS (Netherlands)

    Bartels, R.; Fortin, K.

    2016-01-01

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

  9. International Satellite Law

    Science.gov (United States)

    von der Dunk, Frans

    2017-07-01

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

  10. 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 ...

  11. 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,

  12. 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 ...

  13. The Cambridge Companion to International Law

    Directory of Open Access Journals (Sweden)

    Achmad Gusman Siswandi

    2014-08-01

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

  14. Twentieth Century Internationalism in Law

    DEFF Research Database (Denmark)

    Spiermann, Ole

    2007-01-01

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

  15. International Criminal Law & Its Paradoxes

    DEFF Research Database (Denmark)

    Carlson, Kerstin Bree

    2017-01-01

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

  16. 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

  17. 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

  18. 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.

  19. 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...

  20. International Orders in the Early Modern World

    DEFF Research Database (Denmark)

    This book challenges the Eurocentric foundations of modern International Relations scholarship. Its primary empirical focus is the early modern era, when European primacy had yet to develop in many parts of the globe. It presents a series of regional case studies from experts on East Asia, the Mi...... and scholars of international relations, international relations theory, international history, early modern history and sociology.......This book challenges the Eurocentric foundations of modern International Relations scholarship. Its primary empirical focus is the early modern era, when European primacy had yet to develop in many parts of the globe. It presents a series of regional case studies from experts on East Asia......, the Middle East, Africa and Latin America, and Russia to explore patterns of cross-cultural exchange and civilizational encounters. The authors analyze a series of regional international orders which were primarily defined by local interests, agendas and institutions, with European interlopers often playing...

  1. Modernity, Rationality and Constitutional Law in Muslim-Majority Countries

    DEFF Research Database (Denmark)

    Abat Ninet, Antoni

    Are Islamic law, human rights and constitutionalism compatible? In answering this question, this paper first discusses the concept of modernity (understood in terms of rationality and standardization), analysing its abrupt implementation in the MENA countries and the role that the first modern...... constitutions played in institutionalising a new sort of dominion in the newly established states. Against this background, the paper discusses the relationship between constitutionalism and Shari’a law, presenting this as a clash between two competing normative visions that are conceptually difficult...... to reconcile and which each claim exclusivity and hierarchical superiority. The paper advocates for a deconstruction of the ideas of human rights and constitutionalism in order to allow for the incorporation of elements of Muslim traditions, thus challenging the understanding of human rights...

  2. Research Handbook on International Environmental Law

    NARCIS (Netherlands)

    Merkouris, Panos; Fitzmaurice, Malgosia; Ong, David

    2010-01-01

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

  3. Maritime law and naval arms limitation: A Soviet perspective

    International Nuclear Information System (INIS)

    Vtorygin, L.

    1986-01-01

    Under conditions of the sharply aggravated international situation, there is an urgent necessity to intensify the struggle for the creation and consistent application of the principles and rules of international security law - which is a newly developing branch of modern international law. The Soviet scientists working in the field of international law regard international security law as a leading branch among the various branches of modern international law. The principles and rules of international security law are called upon to regulate international relations in the spheres of arms race limitation, in disarmament (particularly nuclear disarmament), and in the employment of naval fleets with one purpose only-to protect peace. They present, by themselves, an important group of principles and rules which influence the formation of a new international legal order in the oceans

  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. 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.

  6. 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).

  7. 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...

  8. ACTIVE BRIBERY IN CROATIAN MEDIEVAL AND MODERN LAW

    Directory of Open Access Journals (Sweden)

    Mijo Galiot

    2016-01-01

    Full Text Available When it comes to writing about the history of punishment, it is always linked with critically re-thinking and better understanding of the contemporary system of punishment, as a result of its long historical development. In such a way, „contemporary criminal law cannot be seen as a result of an effort made by a certain nation or in a certain epoch“. „Permanently faced with social changes, in its long historical development, criminal law has been modifying its fundamental principles and categories, by building new institutes and instruments, in order to become less cruel and more human, but not less efficient than in earlier stages of its development, characterized by rudeness, cruelty and exemplarity of its sanctions. Although it is not easy to answer the question, if there is the measure, in which social understanding of punishment and its purpose, determines the civilizational level in the society, there is no doubt about the fact that civilizational and legal point of view towards punishment derives from a waste range of factors: general, cultural, sociological, psychological, religious, political and other factors that should be taken altogether in their historical dimension. The genesis of criminal law is linked with the moment of establishing the public authorities and the state. According to different criteria, it is possible to introduce different periodization of criminal law. When it comes to the historical criterion, there can be made a historical division into periods of ancient, medieval, modern and contemporary criminal law (punishment, which periods should not be taken as absolutely inseparable. The point of this paper is to present a review and development of punishing active bribery in the Croatian medieval and modern law.

  9. 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

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

    NARCIS (Netherlands)

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

    2016-01-01

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

  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 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.)

  13. The Unification of Private International Law

    Directory of Open Access Journals (Sweden)

    Emira Kazazi

    2015-07-01

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

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

    International Nuclear Information System (INIS)

    Rest, A.

    1982-01-01

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

  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. Do Scandinavians Care about International Law?

    DEFF Research Database (Denmark)

    Wind, Marlene

    2016-01-01

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

  17. Contemporary Theories and International Law-Making

    NARCIS (Netherlands)

    Venzke, I.

    2013-01-01

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

  18. 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...

  19. International Criminal Law: Over-studied and Underachieving?

    OpenAIRE

    Van Sliedregt, E

    2016-01-01

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

  20. Do Scandinavian Care about international law?

    DEFF Research Database (Denmark)

    Wind, Marlene

    2016-01-01

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

  1. 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....

  2. Environmental law in Denmark

    DEFF Research Database (Denmark)

    Basse, Ellen Margrethe

    Modern Danish environmental law has a strong international dimension due to membership of EU and participation in global and regional agreements. The concept of transnational law that includes EU environmental law that has vertical as well as horizontal effects across jurisdictions binding national...

  3. 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.

  4. The Concept of Law and International Society

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

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

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

    NARCIS (Netherlands)

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

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

  6. NGOs : legitimate subjects of international law

    NARCIS (Netherlands)

    Szazi, Eduardo

    2012-01-01

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

  7. 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.

  8. 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. 

  9. 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…

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

    Directory of Open Access Journals (Sweden)

    Đundić Petar

    2013-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Adam S Chilton

    2016-03-01

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

  12. 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

  13. 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.

  14. 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 ...

  15. 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.

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

    Directory of Open Access Journals (Sweden)

    Karolina Kremens

    2011-12-01

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

  17. THE LAWYER`S OPINION IN MODERN CIVIL LAW

    Directory of Open Access Journals (Sweden)

    Elena Evgenyevna Dubovaya

    2015-12-01

    Full Text Available Purpose to define value of freedom and fight of opinions, views and lawyer’s positions in development of science of civil law.Methodology theoretical analysis, inductive and deductive methods.Results It is established that fight of opinions, collision of various positions allows to understand more deeply the discussed problem, to come nearer to truth. So, free expression of opinions is the engine of development of civil law.Practical implications introduction in educational process on disciplines of civil jurisprudence, further research of fight of opinions in civil law.Tendencies of the present stage of development of legal system are characterized by aspiration to fix in the Russian legal system of the beginning of private law, where at the head of a corner – people as a legal entity. Opinions of lawyers on various legal problems, and the attitudes towards these opinions are subject to considerable dynamics. The centuries-old history of development of the right showed that fight of opinions, collision of various positions allows to understand more deeply the discussed problem, to come nearer to truth. The modern civil law widely uses a method of comparative jurisprudence, studying experience of the civilized countries which promoted in development of the civil legislation.

  18. Evolution of adoption from Roman law to modern law

    Directory of Open Access Journals (Sweden)

    Kitanović Tanja

    2013-01-01

    Full Text Available The work is dedicated to the evolution of adoption practice from ancient Roman law to modern law. Adoption represents ancient social and legal practice which has during time changed manifestations and the causes it served. Adoption in ancient Rome served the interests of pater familias without biological posterity. Adoption practice benefited the continuance of families and the family cult of adopters, whose family lines, with no natural posterity, were threatened to become extinct. After the stagnation in the feudal epoch, adoption was reaffirmed in the bourgeois law. Civil codes in European countries, whose legal systems were built on the foundations of the ancient Roman legal tradition, originally favoured the interests of individuals with no biological children, who were granted to extend their families by adopting, and hence transfer their assets on the obtained heirs. After the wars in the 20th century, which led to a rapid increase in the number of parentless children, the concept of adoption was radically changed, so that since that time the adoption has primarily served the interests of the adopted children and the care for them in the adoptive families. Adoption becomes a form of a social, legal family protection of children without adequate parental care, and that is the most desirable form to provide for children, for the adoptee completely integrates with the adoptive family and takes the right of the born child, where the family environment provides and encourages the optimal mental and physical development of the child.

  19. Wording in international law

    NARCIS (Netherlands)

    d' Aspremont, J.

    2012-01-01

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

  20. 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...

  1. Wording in International Law

    NARCIS (Netherlands)

    d' Aspremont, J.

    2012-01-01

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

  2. 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”

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

    Directory of Open Access Journals (Sweden)

    JA Frowein

    1998-11-01

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

  4. 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 ...

  5. Issues concerning outer space investments in international law ...

    African Journals Online (AJOL)

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

  6. Contractual and non-contractuall obligations in private international Law

    OpenAIRE

    Čejková, Martina

    2010-01-01

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

  7. 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.

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

    Directory of Open Access Journals (Sweden)

    Marcos Alan S. V. Ferreira

    2016-02-01

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

  9. 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

  10. 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.

  11. 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

  12. Selected Problems of Applying the Law in Adaptation and Modernization of Buildings in Poland

    Science.gov (United States)

    Korbel, Wojciech

    2016-06-01

    Chosen problems of law implementation in the contemporary process of building's modernization in Poland. One of the major problems in the contemporary process of building's modernization in Poland is the pluralism of different interpretations of chosen legal terms, existing in the contemporary building code. Incorrect interpretation, results in the incorrect application to the authorities for the proper building permit and as the effect, it causes the lost of time and money. The article tries to identify some of these problems and seeks the solution to solve them, through the evolutionary method of building law creation.

  13. 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...

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

    International Nuclear Information System (INIS)

    Lindemann, C.

    1995-01-01

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

  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. The South China Sea Dispute : Perspective of International Law

    NARCIS (Netherlands)

    Ma, Xuechan

    2016-01-01

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

  17. 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 ...

  18. Contractual Networks In European Private International Law

    OpenAIRE

    Grušić, U.

    2016-01-01

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

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

    Science.gov (United States)

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

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

  20. Jurisdiction in international law : United States and European perspectives

    OpenAIRE

    Ryngaert, Cedric

    2007-01-01

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

  1. 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

  2. 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

  3. The Illusive Nature of ‘Russian International Law

    Directory of Open Access Journals (Sweden)

    Gleb Bogush

    2015-01-01

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

  4. Biomimetics in Modern Organizations – Laws or Metaphors?

    Directory of Open Access Journals (Sweden)

    Markus Schatten

    2011-06-01

    Full Text Available Biomimetics, the art and science of imitating nature and life for technological solutions is discussed from a modern organization theory perspective. The main hypothesis of this article is that there are common laws in nature that are applicable to living, social and likewise organizational systems. To take advantage of these laws, the study of nature’s principles for their application to organizations is proposed – a process which is in product and technology design known as bionic creativity engineering. In a search for most interesting concepts borrowed from nature we found amoeba organizations, the theory of autopoiesis or self-creation, neural networks, heterarchies, as well as fractals and bioteaming which are described and reviewed. Additionally other concepts like swarm intelligence, stigmergy, as well as genesis and reproduction, are introduced. In the end all these ideas are summarized and guidelines for further research are given.

  5. 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

  6. The South China Sea Dispute: Perspective of International Law

    OpenAIRE

    Ma, Xuechan

    2016-01-01

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

  7. MODERN TRENDS OF DEVELOPMENT OF INTERNATIONAL DERIVATIVES MARKET

    Directory of Open Access Journals (Sweden)

    V. Shelydko

    2014-09-01

    Full Text Available Article is devoted to analysis of structure and peculiarities of development of the international derivatives market. The history of formation of the international derivatives market is investigated. The nature, functions and advantages of use of derivatives, and also their role in the modern international securities market are defined. Classification of financial derivatives is considered. Product lines of financial derivatives are analyzed. The regional structure of the international derivatives market and dynamics of its development are investigated. The comparative characteristic of volumes and structure of exchange and over-the-counter segments of international derivatives market are carried out. Dynamics and structure of international markets of interest-bearing derivatives and currency derivatives are analyzed. The fundamental trends of development of the modern international derivatives market are defined.

  8. 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.

  9. 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.

  10. 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.

  11. 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.

  12. 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.

  13. International Criminal Law: Over-studied and Underachieving?

    NARCIS (Netherlands)

    van Sliedregt, E.

    2016-01-01

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

  14. 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

  15. 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/

  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

    .... 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...

  17. 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

  18. The Effect of International Trade on Rule of Law

    Directory of Open Access Journals (Sweden)

    Junsok Yang

    2013-03-01

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

  19. 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 ...

  20. The development of international law through the unauthorised ...

    African Journals Online (AJOL)

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

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

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

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

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

    NARCIS (Netherlands)

    Nicolosi, S.

    2016-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Irawati Handayani

    2016-12-01

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

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

    OpenAIRE

    Bonilla-Maldonado, Daniel Eduardo; Universidad de los Andes

    2015-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Johanis Leatemia

    2017-08-01

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

  6. 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

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

    African Journals Online (AJOL)

    OLAWUYI

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

  8. 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 ...

  9. Applicable international environmental impact assessment laws for ...

    African Journals Online (AJOL)

    Lawrence Hart

    1971-05-28

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

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

    Science.gov (United States)

    Smith, Delbert D.

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

  11. International Journal of Modern Anthropology: Submissions

    African Journals Online (AJOL)

    International Journal of Modern Anthropology: Submissions ... Original Synthesis Reports or Research Reports presenting new ... Thought Reports or Thought Short Reports, Editorials, Perspectives and Book Reviews are welcome ... licensed under a Creative Commons Attribution-Noncommercial-NoDerivative Works 4.0 ...

  12. 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.

  13. 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.

  14. 'Modern Slavery' : Does International Law Distinguish between Slavery, Enslavement and Trafficking?

    NARCIS (Netherlands)

    Siller, Nicole

    2016-01-01

    Although distinct legal definitions exist, rhetoric concerning slavery and enslavement is consistently intertwined with human trafficking. These concepts, along with many other exploitative practices are often collectively labelled: ‘modern slavery’ or some variation thereof. This term enjoys no

  15. The reprocessing plant as a problem of international law

    International Nuclear Information System (INIS)

    Guendling, L.

    1987-01-01

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

  16. 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...

  17. Unification of Patrimonial Laws Governing International Trade

    DEFF Research Database (Denmark)

    Lando, Ole

    2016-01-01

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

  18. 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

  19. 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.

  20. 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

  1. 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

  2. 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

  3. 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”.

  4. Licences issued under environmental law in international private and procedural law

    International Nuclear Information System (INIS)

    Kohler, C.

    1991-01-01

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

  5. 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.

  6. 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

  7. 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.

  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. 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…

  10. Principles of the institutional law of international organizations

    CERN Document Server

    Amerasinghe-Chittharanjan, Felix

    1996-01-01

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

  11. 76 FR 72023 - Notice of Meeting of the Advisory Committee on International Law

    Science.gov (United States)

    2011-11-21

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

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

    NARCIS (Netherlands)

    Kjos, H.E.

    2013-01-01

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

  13. 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

  14. 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

  15. 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

  16. The importance of domestic law to international arms control

    Energy Technology Data Exchange (ETDEWEB)

    Lehman, R.F. II

    1993-11-01

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

  17. 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

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

    Directory of Open Access Journals (Sweden)

    Daniel BERLINGHER

    2014-12-01

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

  19. 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...

  20. MODERNIZING THE PRIVATE LAW. SOME KEY ISSUES IN THE RECENT DRAFT OF THE SPANISH COMMERCIAL CODE

    Directory of Open Access Journals (Sweden)

    Dan VELICU

    2016-05-01

    Full Text Available The last decades were dominated by the idea that an authentic process to modernize the private law means generally the unification of it by renouncing the distinction between civil and commercial law. A few European countries and some American states or provinces followed this path of the unification. However, beyond the will to change and improve the system one may reflect if this kind of modernization is actually really proper. Of course, there are lots of reasons for unification and reasons against it. Is there a possible and real alternative to this wave of unification? The draft of the Spanish commercial code could be a beginning point in order to settle this controversy. For the first time, the lawmakers are trying to replace the actual code with a new modernized one without renouncing the above mentioned distinction. Without claiming that we have entirely analyzed the topic, we propose a brief critical presentation of the major key issue of the draft.

  1. Foundations of Modern Legal Thought: the Primacy of Right and the Form of Validity as the Mode of Existence of Law

    OpenAIRE

    Afredo Bergés

    2013-01-01

    The aim of the present article is to show the specificity of the modern legal thought that elevates the activity of free will to the principle of law. Since the ultimate source of all normativity, according to the pre-modern legal thought, lies beyond human activity, man is considered to be under a givenobligation towards the source from which all rights and duties originate: «nature» imposes its law uponman. Such a pre-modern grounding of norms immediately opens up the possibility of denying...

  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 '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

  4. 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...

  5. 75 FR 32532 - Notice of Meeting of the Advisory Committee on International Law

    Science.gov (United States)

    2010-06-08

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

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

    Directory of Open Access Journals (Sweden)

    Alia Azmi

    2015-06-01

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

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

    Directory of Open Access Journals (Sweden)

    Aliasghar Kheirkhah

    2017-02-01

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

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

    OpenAIRE

    Nouwen, Sarah Maria; Werner, Wouter G

    2014-01-01

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

  9. Studies in International Relations; A Post-Modern Example from the Twenties

    Science.gov (United States)

    Petersen, Keith S.

    1970-01-01

    Articles published in the Quarterly are reviewed. David Y. Thomas's Mexican Legislation in the Light of Internation Law" (Sept. 1928) is reprinted as one excellent example. (In the 1920's, emphasis was on diplomatic history and international law rather than political science.) A biographical sketch is included. (SE)

  10. 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.

  11. 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

  12. Contractual Obligations under the Private International Law in Albania.

    Directory of Open Access Journals (Sweden)

    Ervis Çela

    2014-07-01

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

  13. 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.

  14. 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

  15. 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)

  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. 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.

  18. The faltering legitimacy of international tax law

    NARCIS (Netherlands)

    Peters, C.A.T.

    2013-01-01

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

  19. 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

  20. 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.

  1. Necessity as a ground for precluding wrongfulness in international investment law

    Directory of Open Access Journals (Sweden)

    Vasiljević Mirko

    2016-01-01

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

  2. 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

  3. In Defense of International Investment Law

    NARCIS (Netherlands)

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

    2016-01-01

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

  4. 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.

  5. 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

  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. TRANSBOUNDARY DAMAGE IN THE LIGHT OF INTERNATIONAL ENVIRONMENTAL LAW

    Directory of Open Access Journals (Sweden)

    Oana Maria HANCIU

    2014-05-01

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

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

    Directory of Open Access Journals (Sweden)

    Radivojević Nenad P.

    2015-01-01

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

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

    NARCIS (Netherlands)

    Cupido, M.

    2016-01-01

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

  10. Law no. 111/1996 on the safe deployment of nuclear activities - A law central to the Romanian nuclear law system

    International Nuclear Information System (INIS)

    Chiripus, Vlad-Ionut

    2004-01-01

    Law no. 111/1996 on the safe deployment of nuclear activities was published in its original form in the Official Gazette of Romania, Part no. 267 of 29th October 1996. The complexity of this law prevents from performing a comprehensive analysis of the legal provisions thereof for which reason the author shall review only those aspects he consider to be relevant to the issues dealt with by this law. Furthermore, as the author intends his undertaking to be a comparative analysis of Law no. 111/1996 in its successive stages - from its issue till the present - he uses mostly the present tense even though the law has been amended and in some respects the changes are quite significant. The presentation contains the following three sections: 1. Passing of Law no. 111/1996 on the safe deployment of nuclear activities - a turning point in the development of the Romanian nuclear law; 2. The successive modifications of Law no. 111/1996 on safe deployment of nuclear activities; 3. Law no. 193/2003 for the modification and completion of Law no. 111/1996 on the safe deployment of nuclear activities - a key moment in the modernization of Romanian nuclear law and harmonization with the relevant international requirement. In conclusion, the issue of Law no. 111/1996 on safe deployment of nuclear activities represents a turning point in the development of Romanian nuclear law. From this moment on one may regard it as a modern area of the Romanian law, European in spirit. The pre-existent legal framework - namely the Law no. 61/1974 on the deployment of activities in the Romanian nuclear field - was no longer up to the existing standards and its replacement by a new, modern law, fully harmonized with the European and NATO accession requirements was a must. Such a new, European law was to fully guarantee the safe deployment of nuclear activities for exclusively peaceful purposes, so that the requirements regarding the nuclear safety, protection of professionally exposed personnel

  11. 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 ...

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

    African Journals Online (AJOL)

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

  13. 77 FR 71028 - Notice of Meeting of Advisory Committee on International Law

    Science.gov (United States)

    2012-11-28

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

  14. Prevention Obligations in International Environmental Law

    NARCIS (Netherlands)

    Plakokefalos, I.

    2013-01-01

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

  15. 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

  16. 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

  17. 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.

  18. 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.

  19. 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

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

    NARCIS (Netherlands)

    Werner, W.G.; Nouwen, S.

    2014-01-01

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

  1. Preoccupations with Modernity: Geopolitics of Knowledge in Colombian Reproduction Laws, 1936-2006

    OpenAIRE

    Sanchez, Alisa C.

    2016-01-01

    The dissertation examines how Colombian professionals have developed reproductive laws and policies during the past century in the name of being modern. I focus on four moments of reproductive lawmaking from 1936-2006, analyzing legal and sociolegal texts that record or inform the lawmaking process. These four moments of reproductive lawmaking are the 1936 Colombian Criminal Code, which increased penalties for men’s sexual crimes as well as abortion; two 1960s policies that promoted family pl...

  2. Piloted Evaluation of Modernized Limited Authority Control Laws in the NASA-Ames Vertical Motion Simulator (VMS)

    Science.gov (United States)

    Sahasrabudhe, Vineet; Melkers, Edgar; Faynberg, Alexander; Blanken, Chris L.

    2003-01-01

    The UH-60 BLACK HAWK was designed in the 1970s, when the US Army primarily operated during the day in good visual conditions. Subsequently, the introduction of night-vision goggles increased the BLACK HAWK'S mission effectiveness, but the accident rate also increased. The increased accident rate is strongly tied to increased pilot workload as a result of a degradation in visual cues. Over twenty years of research in helicopter flight control and handling qualities has shown that these degraded handling qualities can be recovered by modifying the response type of the helicopter in low speed flight. Sikorsky Aircraft Corporation initiated a project under the National Rotorcraft Technology Center (NRTC) to develop modern flight control laws while utilizing the existing partial authority Stability Augmentation System (SAS) of the BLACK HAWK. This effort resulted in a set of Modernized Control Laws (MCLAWS) that incorporate rate command and attitude command response types. Sikorsky and the US Army Aeroflightdynamics Directorate (AFDD) conducted a piloted simulation on the NASA-Ames Vertical h4otion Simulator, to assess potential handling qualities and to reduce the risk of subsequent implementation and flight test of these modern control laws on AFDD's EH-60L helicopter. The simulation showed that Attitude Command Attitude Hold control laws in pitch and roll improve handling qualities in the low speed flight regime. These improvements are consistent across a range of mission task elements and for both good and degraded visual environments. The MCLAWS perform better than the baseline UH-60A control laws in the presence of wind and turbulence. Finally, while the improved handling qualities in the pitch and roll axis allow the pilot to pay more attention to the vertical axis and hence altitude performance also improves, it is clear from pilot comments and altitude excursions that the addition of an Altitude Hold function would further reduce workload and improve overall

  3. 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...

  4. 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.

  5. 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

  6. 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. 

  7. International Conference on Modern Problems of Stochastic Analysis and Statistics

    CERN Document Server

    2017-01-01

    This book brings together the latest findings in the area of stochastic analysis and statistics. The individual chapters cover a wide range of topics from limit theorems, Markov processes, nonparametric methods, acturial science, population dynamics, and many others. The volume is dedicated to Valentin Konakov, head of the International Laboratory of Stochastic Analysis and its Applications on the occasion of his 70th birthday. Contributions were prepared by the participants of the international conference of the international conference “Modern problems of stochastic analysis and statistics”, held at the Higher School of Economics in Moscow from May 29 - June 2, 2016. It offers a valuable reference resource for researchers and graduate students interested in modern stochastics.

  8. 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 ...

  9. 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.

  10. Page THE PROBLEM WITH INTERNATIONAL HUMANITARIAN LAW

    African Journals Online (AJOL)

    Fr. Ikenga

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

  11. 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.

  12. Reforming Copyright in the Context of Exercise of the Human Right to Free Expression on the Internet: An Actual Problems of the Modern International Legal Politics

    Directory of Open Access Journals (Sweden)

    Irina V. Shugurova

    2015-12-01

    Full Text Available The authors discuss major trends in the area of reforming of copyright in the light of full exercise of internationally recognized human right to expression regarding the digital environment, especially the Internet, and demonstrate the significant situation when intellectual property rights, mainly author’s exclusive rights, build a lot of troubles for the information human rights. The article also looks at the changes in the understanding the relation between copyright and the human right to freedom of expression and information on the Internet. Much attention is paid to new moments in the modern doctrine of intellectual property that is inspired by process of digitization of author’s rights. There is conducted the approach to addressing copyright as one of the digital human rights resulted from property rights and right of creators to protection of their moral and economic interests. However, authors of the article departure from postulate that copyright is the human rights to a certain degree only. Moreover, this article examines the international legal approach to seeking the balance between the human right to freedom of expression, opinion and information, on the one hand, and copyright, especially as regards the Internet, on the other hand. There has been argued that key role in elaborating and adopting the principled standards in this sphere belongs to international law, including international law of human rights. In addition, the latter, as authors have ascertained, must correspond to international law of intellectual property rights, international information law, and international competition law. The study focus on various aspects of solving the problem of adapting copyright to the digital environment.

  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. Foundations of Modern Legal Thought: the Primacy of Right and the Form of Validity as the Mode of Existence of Law

    Directory of Open Access Journals (Sweden)

    Afredo Bergés

    2013-12-01

    Full Text Available The aim of the present article is to show the specificity of the modern legal thought that elevates the activity of free will to the principle of law. Since the ultimate source of all normativity, according to the pre-modern legal thought, lies beyond human activity, man is considered to be under a givenobligation towards the source from which all rights and duties originate: «nature» imposes its law uponman. Such a pre-modern grounding of norms immediately opens up the possibility of denying one anyright (slavery if one has not full filled their fundamental duty. When traditional sources of normativity lose their efficiency and credibility, it becomes necessary to resort to an immanent principle: the activity of the autonomous subject. This principle is the true foundation of the «original, inalienable right» of man. Law isa construction that is valid only insofar as it is an adequate actualization of the concept of freedom.

  15. MARKET FAIRNESS IN ISLAMIC ECONOMICS LAW AND ETHICS: A Study on Modern and Traditional Market Regulations in Indonesia

    Directory of Open Access Journals (Sweden)

    Mustapa Khamal Rokan

    2015-06-01

    Full Text Available This study has been motivated by unfair market conditions in the form of marginalization of traditional markets in Indonesia due to unequal competition with the modern market. This article tries to find a fair legal formulation to maintain the existence of a small market (traditional. To find the legal formulation, the author attempts to discuss market regulation in Indonesian legislation, analyzed and found it to be optimized to create a fair market arrangements in the perspective of Islamic law. This study propose a paradigm that the market functions not only as an business institution but also as religious and social institutions based on brotherhood which requires mutual respect and responsibility. There are prescriptive law to maintain the existence of traditional markets in Indonesia, which optimizes the concept of ownership as a form of common ownership and optimize the regulation of cooperation between the traditional and the modern market economy based on the doctrine of Islamic law.

  16. A Comparative Analysis of the Ethos, Role and Function of Implied Obligations in Shipping Law and General Law of Contract

    OpenAIRE

    Ndi, George; Alawneh, Tariq

    2015-01-01

    The law governing the international carriage of goods by sea is deeply rooted in the doctrine of freedom of contract. The historical origins of the shipping industry itself can be traced to the era of 'laissez faire' in which contractual practice, based on negotiated terms and conditions, was free from the regulatory constraints of the state. It is for this reason that to this day modern shipping law is still rooted in the common law and customary trade usages with very limited statutory infl...

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

    NARCIS (Netherlands)

    Goh, Gérardine Meishan

    2007-01-01

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

  18. 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.

  19. Mosaic structures in living beings in the light of several modern stances

    OpenAIRE

    Chapouthier , Georges

    2012-01-01

    International audience; Biocosmology implies that the laws of the microcosm (i.e. the laws governing living beings and their minds) mimic the laws of the macrocosm. These laws are based on a mosaic structure and triune organisation, with some roots that may be in the classical dialectical movement. A number of modern stances can be seen in relation to the Biocosmological perspective. The relationship to the mosaic structure may be direct, as with the experimental work of Michod, or indirect, ...

  20. International conventions and agreements in the ecological area: In light of modern civilization and international trade

    Directory of Open Access Journals (Sweden)

    Stanković Milica

    2014-01-01

    Full Text Available A large number of authors examine the problem of environmental protection in their papers. The concept of sustainable development and intensive use of modern technology in order to overcome the environmental problems of modern civilization becomes an imperative. Theoretical engagement in ecological issues is not enough. It is necessary to implement ecological measures in practice and to spread environmental awareness. Modern science and social practice have interdependence of economy and ecology in their focus. The main direction of social change is movement from economic to ecological paradigm that involves an ethical responsibility to the current and future generations. There is a need to establish effective programs to protect the environment at the national and supranational level. Active international cooperation in the field of ecology has resulted in the formulation of a number of documents on environmental protection. This paper illustrates the importance of environmental protection and the necessity of implementing international conventions and agreements in the environmental field, with focus on their impact on international trade.

  1. 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

  2. On Banks, Courts and International Law

    DEFF Research Database (Denmark)

    Fabbrini, Federico

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

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

    Science.gov (United States)

    2000-12-01

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

  4. 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

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

    Science.gov (United States)

    2016-12-01

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

  6. Contemporary intellectual property law and policy

    CERN Document Server

    MacQueen, Hector; Laurie, Graeme; Brown, Abbe

    2011-01-01

    Contemporary Intellectual Property: Law and Policy offers a unique perspective on intellectual property law, unrivalled amongst IP textbooks available today. Beyond providing an up-to-date account of intellectual property law, the text examines the complex policies that inform and guide modern IP law at the domestic (including Scottish), European and international levels, giving the reader a true insight into the discipline and the shape of things to come. The focus is on contemporary challenges to intellectual property law and policy and the reader is encouraged to engage critically both with the text and the subject matter. Carefully developed to ensure that the complexities of the subject are addressed in a clear and approachable manner, the extensive use of practical examples, exercises and visual aids throughout the text enliven the subject and stimulate the reader.

  7. Contemporary intellectual property law and policy

    CERN Document Server

    Waelde, Charlotte; Kheria, Smita; Cornwell, Jane

    2016-01-01

    Contemporary Intellectual Property: Law and Policy offers a unique perspective on intellectual property law. It goes beyond an up-to-date account of the law and examines the complex policies that inform and guide modern intellectual property law at the domestic (including Scottish), European and international levels, giving the reader a true insight into the discipline and the shape of things to come. The focus is on contemporary challenges to intellectual property law and policy and the reader is encouraged to engage critically both with the text and the subject matter. Carefully developed to ensure that the complexities of the subject are addressed in a clear and approachable manner, the extensive use of practical examples, exercises and visual aids throughout the text enliven the subject and stimulate the reader.

  8. Complicity in International Criminal Law

    DEFF Research Database (Denmark)

    Aksenova, Marina

    2014-01-01

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

  9. The modernization of American public law: health care reform and popular constitutionalism.

    Science.gov (United States)

    Super, David A

    2014-04-01

    The Patient Protection and Affordable Care Act (ACA) transformed U.S. public law in crucial ways extending far beyond health care. As important as were the doctrinal shifts wrought by National Federation of Independent Business v. Sebelius, the ACA's structural changes to public law likely will prove far more important should they become entrenched. The struggle over the ACA has triggered the kind of "constitutional moment" that has largely replaced Article V's formal amendment procedure since the Prohibition fiasco. The Court participates in this process, but the definitive and enduring character of these constitutional moments' outcomes springs from broad popular engagement. Despite the Court's ruling and the outcome of the 2012 elections, the battle over whether to implement or shelve the ACA will continue unabated, both federally and in the states, until We the People render a clear decision. Whether the ACA survives or fails will determine the basic principles that guide the development of federalism, social insurance, tax policy, and privatization for decades to come. In each of these areas, the New Deal bequeathed us a delicate accommodation between traditionalist social values and modernizing norms of economic efficiency and interest group liberalism. This balance has come under increasing stress, with individual laws rejecting tradition far more emphatically than the New Deal did. But absent broad popular engagement, no definitive new principles could be established. The ACA's entrenchment would elevate technocratic norms across public law, the first change of our fundamental law since the civil rights revolution. The ACA's failure would rejuvenate individualistic, moralistic, pre-New Deal norms and allow opponents to attempt a counterrevolution against technocracy.

  10. International Commercial Arbitration in Venezuela

    Directory of Open Access Journals (Sweden)

    Elena P. Ermakova

    2014-03-01

    Full Text Available In the above article author describes evolution of legal regulation of international commercial arbitration in Venezuela. Author cites statistics of arbitration centers in Venezuela activities. In past two decades many Latin American countries have reformed their arbitration law. In an effort to modernize its arbitral institutions several Latin American countries adopted Model Law on International Commercial Arbitration of the UN Commission on International Trade Law (UNCITRAL. In addition, many Latin American countries have adopted the monistic system. Author pays detailed attention to this issue, discusses concept of a monistic system - a system in which a unique set of rules governs both domestic and international arbitration. Author argues that legal system of Venezuela fits this definition. Venezuelan law on arbitration in 1998 makes no distinction between domestic and international arbitration. Arbitration was included in judicial system under the Constitution of Venezuela of the 1999. Art. 258 of the Venezuelan Constitution states that arbitration, conciliation and mediation are alternative ways of resolving disputes.

  11. 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

  12. 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...

  13. 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

  14. 75 FR 504 - U.S. Department of State Advisory Committee on Private International Law: Organization of...

    Science.gov (United States)

    2010-01-05

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

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

    African Journals Online (AJOL)

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

  16. an appraisal of humanitarian intervention under international law

    African Journals Online (AJOL)

    Mofasony

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

  17. 76 FR 6171 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

    Science.gov (United States)

    2011-02-03

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

  18. Law and Order or Global Disorder

    Directory of Open Access Journals (Sweden)

    Bidzina SAVANELI

    2013-08-01

    Full Text Available Substantial problem of Humankind is at the junction of Philosophy, Sociology and Jurisprudence. Based on my attempt to harmonize philosophies of Kant, Hegel and Husserl, and studies of famous legal scholars Bentham, Ostin, Holmes, Kelsen, Ehrlich, Reinach, Hart, Llevellin, Kardozo, David, Dworkin, Rawls concerning the problems of public law, private law, comparative law, justice, human rights, post-modernism, and Georgian philosophical, sociological and legal traditions since XII century, I discovered a synergetic model of dialectical, spiral, evolutionary and mutual transformation of irrationalism and rationalism as the effective method of conflicts prevention and peacefully resolution at the International, Regional, National and Local levels under the auspice of Bill of Human Rights.

  19. 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.

  20. 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…

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

    Directory of Open Access Journals (Sweden)

    Endra Wijaya

    2017-11-01

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

  2. The integration of law and integrality of the legislation as necessary conditions for the success of law enforcement in interstate integration

    Directory of Open Access Journals (Sweden)

    Sergey Baburin

    2017-01-01

    Full Text Available УДК 341.1+342.2Subject. The article substantiates the need for a special system of legislation for any project of international integration. Only such system, being integral, may, firstly, become the basis for the formation of an integrative law of this integration project, and secondly, have a supranational constitutionality, giving the ability to individual enforcement.Purpose. The purpose of this paper is the design of the constitutional-legal mechanisms of international integration in the scope of an integrative understanding of law and law enforcement.Methodology. The author uses methods of theoretical analysis, particularly the theory of integrative legal consciousness, as well as legal methods, including formal legal method and comparative law.Results, scope of application. The author points out that the formation of a single legal space in the Eurasian Economic Union (EEU, as well as in Customs Union and the Eurasian Economic Community before, is a development of constitutional law of supranational level, not of international law. The integration of law and integrality of the legislation are prerequisite for the success of the interstate Eurasian integration.Integration of law means the completeness of its internal structure, implies the indissoluble inner coherence of the law, its wholeness, unity. Coherent legal norms, embodied in legislation, can only create the phenomenon of law. The law should be understood as a metasystem, supersystem, it accumulates all socially significant systems and integrates the values of the law itself, its principles, values, other social regulators and regulated spheres of social relations. Attempts to apply the concept of "integration", but to abandon the notion of "integrality" are unreasonable, this terminological dichotomy is just a word game.If we talk about law, it is more appropriate to talk about it’s iintegrity, but if we talk about legislation, emerging to accelerate and deepen integration

  3. Ukrainian Nuclear Society International Conference 'Modernization of the NPP with VVER reactor' (abstracts)

    International Nuclear Information System (INIS)

    Bar'yakhtar, V.G.

    1999-01-01

    Abstracts of the papers presented at International conference of the Ukrainian Nuclear Society 'Modernization of the NPP with VVER reactor'. The following problems are considered: improving the NPP's safety and reliability; reactor modernization, the lifetime prolongation; increasing of the reactor operating characteristics; methods of capacity factor increasing: refueling control, maintenance control; technical and economical aspects of NPP modernization; modernization of the automated control system of the fuel process at the NPP's; technical features and methods for the continued radiation and technology control at the NPP's; training, increasing the staff qualification and NPP modernization

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

    Directory of Open Access Journals (Sweden)

    Regina Harzer

    2007-07-01

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

  5. International criminal tribunals and human rights law: Adherence and contextualization

    NARCIS (Netherlands)

    Zeegers, K.J.

    2015-01-01

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

  6. 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.

  7. 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.

  8. 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.

  9. Hart et le positivisme postmoderne en droit international

    NARCIS (Netherlands)

    d' Aspremont, J.

    2009-01-01

    This article argues that, in the context of international law, Hart can really be considered a post-modern positivist. Hart has not only refined the source thesis of Hobbes, Bentham and Austin by shedding the command-based understanding of law. Hart has also overcome the difficulties of Kelsen’s

  10. 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

  11. 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

  12. 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 ...

  13. Environmental protection and international law: the case of nuclear energy

    International Nuclear Information System (INIS)

    Dagicour, F.

    2002-03-01

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

  14. 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...

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

    Directory of Open Access Journals (Sweden)

    Elizaveta Sergeevna Gromoglasova

    2016-12-01

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

  16. 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)

  17. 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...

  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. Religious law versus secular law The example of the get refusal in Dutch, English and Israeli law

    NARCIS (Netherlands)

    Blois, M. de

    2010-01-01

    The tension between religious law and secular law in modern democracies is illustrated in this article by a discussion of the different approaches to the get (a bill of divorce) refusal (based on Jewish law) under Dutch, English and Israeli law. These legal orders share many characteristics, but

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

    OpenAIRE

    Paleckaite, Gintare

    2014-01-01

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

  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. Modern environmental penal law in the light of the jurisdiction - review and tasks

    International Nuclear Information System (INIS)

    Rengier, R.

    1992-01-01

    The jurisdiction in modern environmental penal law has gone beyond just adopting the ecological tenets of the legislature: it has farthered their development, thus contributing substantially to an ecologically oriented understanding of the offences of water pollution and ecologically harmful waste disposal. This orientation has made prosecution more efficient and through its preventive effects has increased ecological awareness. A good example within the sphere of public interest are communal plant operators. In other areas such as private business and private households the preventive effect is not yet as apparent, but this will probably change in the course of time. (orig.) [de

  3. 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.

  4. 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....

  5. Issues of qualification of bribe giving and mediation in bribery in the modern law-enforcement practice

    Directory of Open Access Journals (Sweden)

    Aleksandr S. Sentsov

    2016-03-01

    Full Text Available Objective to analyze the problems existing in the modern law enforcement practice related to the implementation of criminallegal norms stipulated in Article 291 and 2911 of the Russian Criminal Code hereinafter CC of RF to offer the authorsrsquo proposals for their solution including the improvement of these norms and their implementation practices in order to strengthen the bribery counteraction. Methods along with the general dialectic method of scientific cognition other general scientific methods were used induction deduction analysis and synthesis as well as specific scientific formallegal comparative legal sociological content analysis methods. Results on the basis of a critical analysis of the current edition of the regulations as stipulated in Articles 291 and 2911 of the Russian Criminal Code and the modern practice of their application solutions are proposed to several complex problems arising in the classification of these crimes. In particular it is proposed to change the disposition of part 1 of Article 2911 of the Criminal Code deleting the indication of the bribe size. Thenbspnecessity is shown to change part 5 of Article 2921 of the Russian Criminal Code reducing the maximal penalty. Scientific novelty in the work on the basis of the analysis of modern law enforcement practice typical mistakes are considered made by investigators and the courts in applying Article 291 and 2911 of the CC of RF and with this in mind suggestions and recommendations are proposed aimed at improving the efficiency of criminallegal impact on the mentioned crimes. Practical significance the opinions and findings of the authors formulated in the article can be useful in lawmaking activity in preparing relevant draft laws on amendments and additions in the CC of RF when adjusting individual interpretations contained in the decisions decrees of the Supreme Court of the Russian Federation as well as in the activities of legal practitioners especially in the

  6. 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.

  7. Modernization of the gas utility; La modernisation du service public du gaz

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2001-04-01

    After a large discussion, the project of law for the modernization of the French gas utility and for the development of gas companies was finally adopted by the government on May 17, 2000. This legislative project aims at modernizing and strengthening the gas public utility and adapting the gas sector to the progressive opening of this market to international competition with keeping up the quality and security of supplies and the position of French gas operators. (J.S.)

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

    Directory of Open Access Journals (Sweden)

    Imam Mulyana

    2016-04-01

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

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

    Energy Technology Data Exchange (ETDEWEB)

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

    2002-07-01

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

  10. International Conference Modern Stochastics: Theory and Applications III

    CERN Document Server

    Limnios, Nikolaos; Mishura, Yuliya; Sakhno, Lyudmyla; Shevchenko, Georgiy; Modern Stochastics and Applications

    2014-01-01

    This volume presents an extensive overview of all major modern trends in applications of probability and stochastic analysis. It will be a  great source of inspiration for designing new algorithms, modeling procedures, and experiments. Accessible to researchers, practitioners, as well as graduate and postgraduate students, this volume presents a variety of new tools, ideas, and methodologies in the fields of optimization, physics, finance, probability, hydrodynamics, reliability, decision making, mathematical finance, mathematical physics, and economics. Contributions to this Work include those of selected speakers from the international conference entitled “Modern Stochastics: Theory and Applications III,”  held on September 10 –14, 2012 at Taras Shevchenko National University of Kyiv, Ukraine. The conference covered the following areas of research in probability theory and its applications: stochastic analysis, stochastic processes and fields, random matrices, optimization methods in probability, st...

  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. 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.

  13. The Creation and Operation of Internal High Performance Modern Enterprises Team

    Institute of Scientific and Technical Information of China (English)

    Shengyu WANG

    2015-01-01

    The future of enterprises mainly depends on product research and development. For the modern enterprises, high performance project team is the most important means of R & D projects. According to the interviews and survey found of a plurality of enterprise project R & D team. the internal high performance team of modern business is good or bad, its key lies in whether the team managers for the team creation and management is in place, this is the most difficult place for the high performance team management system, especially the team leadership. Based on this, this paper discusses on the creation and management of high performance modern enterprise team, aiming to provide valuable reference for the enterprise team management.

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

    DEFF Research Database (Denmark)

    Cebulak, Pola

    2012-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Matthias Goldmann

    2009-02-01

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

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

    OpenAIRE

    DUPUY, Pierre-Marie

    2007-01-01

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

  17. 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.

  18. Maritime environmental penal law. International and German legislation

    International Nuclear Information System (INIS)

    Eller, Jan Frederik

    2017-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Chan Mo Chung

    2002-12-01

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

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

    International Nuclear Information System (INIS)

    Bischof, W.

    1978-01-01

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

  1. International terrorism, a new challenge to modern Western society

    International Nuclear Information System (INIS)

    Hochleitner, E.

    2002-01-01

    Full text: The attacks of 9/11 against the WTC and the Pentagon have made western society aware of the threat potential, which international terrorism presents to the open and democratic societies of the West. The new international terrorism is substantially different from the traditional form terrorism, which our societies has experienced in the past. The arms of traditional terrorism were bombs and guns and the victims were mostly clearly defined targets and its political and ideological motives were known. The terrorists assumed responsibility and there was an interest and scope for political negotiation. Terrorist groups had a vertical structure with a hierarchy. The new international terrorism is organized in a horizontal way and its structure is amorphous. Terrorist groups act in an autonomous way and linked by a rather loose network. International terrorism makes full use of modern communication systems and seek to equip themselves with the best armament available including WMDs, provided they can get hold of them. Their target are no longer individuals, but the modern western society. They aim at a maximum number of victims in order to get maximum media attention and to destabilize the targeted society. The motives of terrorist groups are religious or ideological. A terrorist attack represents for those terrorists a religious, nearly sacral act, including self sacrifice. Today, the main challenge for the open, democratic and modern society represents the network of Islamic Fundamentalists. Islamic terrorism has been active mainly in Islamic countries with the aim to overthrow westernized forms of government, mainly in Egypt and Algeria. In the early 1990's, the network of Islamic terror groups has been built up and the al-Qaida was formed. AI-Qaida is a network of Islamic terror groups and a platform for co-operation and support of Islamic cells. It provides training, arms, finances, etc.. AI-Qaida supported the Taliban regime, which provided it with a

  2. Die Verfassung des Experiments Moderne

    Directory of Open Access Journals (Sweden)

    Manfred Aschke

    2005-01-01

    Full Text Available The question whether freedom of religion requires permitting the slaughter of animals in accordance with Islamic rites – a question which was the subject of a decision by the German Federal Constitutional Court in 2002 –is an example of the general problem how the law and the constitution of a modern, secular society can deal with the Sharia, a theonomous law which claims authority by divine revelation. The genetic links between western christianity and the development of the foundations of modern society in Europe do not provide evidence of the incompatibility of Islam and modernity. But they do emphasize that the tensions resulting from the immigration of 3 million muslims in Germany are a great challenge for the constitutional order. A modern constitution of the Western European and North-Atlantic type, such as the german constitution (Grundgesetz, does not allow the dissolution of the tensions between secular law and individual religious autonomy unilaterally in favour of the secular law. This kind of tension is by no means unknown in modern society. Functional differentiation and individualization are core characteristics of modern society. But in view of the challenge by Islam and other challenges, such as ecological problems, we can ask if the »experiment in modernity«, the project of the Enlightenment, is destined to fail because of the dissonance and the lack of understanding between the partial systems of the society. This question is the starting point to outline evolutionary processes of integration in modern society. In this context the constitution proves to be an important tool of integration. Controversies about the scope of validity claimed by the partial systems are matters of constitutional law. The modern constitution is a specific form in which modern society describes itself as a unity insuring »practical concordance« between colliding freedoms and claims of validity. In the conflict of modern ethical principles of

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

    Energy Technology Data Exchange (ETDEWEB)

    Schwarze, J

    1986-01-01

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

  4. International Orders in the Early Modern World

    DEFF Research Database (Denmark)

    a secondary role. These perspectives emphasise the central role of non-European agency in shaping global history, and stand in stark contrast to conventional narratives revolving around the ‘Rise of the West’, which tend to be based upon a stylized contrast between a dynamic West and a passive and static East....... Focusing on a crucial period of global history that has been neglected in the field of International Relations, the book reveals profound differences between the early modern era and the more familiar colonial conquests of the second half of the nineteenth century. It will be interest to students...

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

    International Nuclear Information System (INIS)

    Jankowitsch-Prevor, O.

    2002-01-01

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

  6. 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)

  7. 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

  8. Abstracts of the fourth international conference on modern problems of nuclear physics

    International Nuclear Information System (INIS)

    2001-09-01

    The Fourth International Conference on modern problems of nuclear physics was held on 25-29 September, 2001 in Tashkent, Uzbekistan. The specialists discussed various aspects of modern problems of both fundamental and applied nuclear physics. More than 300 talks were presented in the meeting on the following subjects: particle physics, relativistic nuclear physics and physics of atomic nuclei; applied nuclear physics; radiation solid state physics, condensed matter physics; activation analysis, radiochemistry, isotopes. (M.K.)

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

    International Nuclear Information System (INIS)

    Schwarze, J.

    1986-01-01

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

  11. The Olympic Games: Showcases of Internationalism and Modernity in Asia

    Directory of Open Access Journals (Sweden)

    Robin Kietlinski

    2017-09-01

    Full Text Available Stefan Huebner. Pan-Asian Sports and the Emergence of Modern Asia, 1913-1974. Singapore: National University of Singapore Press, 2016. 416 pp. $42 (paper. Jessamyn Abel. The International Minimum: Creativity and Contradiction in Japan's Global Engagement, 1933-1964. Honolulu: University of Hawai‘i Press, 2015. 344 pp. $54 (cloth.

  12. Treatment of surrogacyin Comparative Law.

    Directory of Open Access Journals (Sweden)

    Ángela Ruiz SÁENZ

    2016-01-01

    Full Text Available The progress in the life sciences and medicine driven by modern advances and discoveries of science and technology has led to the development of assisted reproductive technology as a solution to the problem of infertility, replacing adoption as a traditional alternative to biological parenthood. In this context, deserves special mention surrogacy by the disputes generated from a social standpoint, ethical, legal and biomedical. The disparate regulation of this practice into national law has led to the “reproductive tourism”, that is, the transfer of couples from countries where the practice of surrogacy is illegal in other countries where the practice is legal, leading private international law issues relating to the recognition of the parentage of children born through the use of these techniques.

  13. ASPEK HUKUM ZONASI PASAR TRADISIONAL DAN PASAR MODERN

    Directory of Open Access Journals (Sweden)

    Rahadi Wasi Bintoro

    2010-10-01

    Full Text Available The existence of traditional markets in urban areas from time to time further increasingly threatened by rampant construction of modern markets. Therefore, in this paper the authors are interested to explore some aspects zoning laws of modern markets and traditional markets. Based on the analysis, zoning traditional markets and modern market is the authority of local governments as stipulated in Presidential Regulation Number 112 Year 2007 concerning Settlement and Development of Traditional, Modern Shopping Centers and who is the embodiment of Law No. 5 Year 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition healthy. If the establishment of a modern market violates the provisions of Law No. 5 Year 1999 and Presidential Decree. 112 Year 1999 will be reported to the KPPU to be examined.In addition, with no establishment of zoning district regulations regarding local government market has resulted in unlawful acts and therefore can be sued by actio popularis lawsuit or citizen law suits. Keywords: zoning, traditional markets, modern markets

  14. The formation of analytic tradition in the contemporary philosophy of law

    Directory of Open Access Journals (Sweden)

    Didikin, A.

    2010-01-01

    Full Text Available The paper attempts to analyze the historical aspects of the formation of analytic tradition in the 20th century philosophy of law. We consider the ongoing discussions about the concept of law and their influence on the so called “linguistic turn” in modern legal thought as well as the problems of the conceptual grounds and the methodology in legal theory. The author suggests a new approach to the historical analysis of the external and internal factors that influence the development of the contemporary legal ideas and the conceptions in the philosophy of law.

  15. [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

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

    Directory of Open Access Journals (Sweden)

    Carlos Ruiz Miguel

    2018-05-01

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

  17. ASPEK HUKUM ZONASI PASAR TRADISIONAL DAN PASAR MODERN

    Directory of Open Access Journals (Sweden)

    Rahadi Wasi Bintoro

    2010-09-01

    Full Text Available The existence of traditional markets in urban areas from time to time further increasingly threatened by rampant construction of modern markets. Therefore, in this paper the authors are interested to explore some aspects zoning laws of modern markets and traditional markets. Based on the analysis, zoning traditional markets and modern market is the authority of local governments as stipulated in Presidential Regulation Number 112 Year 2007 concerning Settlement and Development of Traditional, Modern Shopping Centers and who is the embodiment of Law No. 5 Year 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition healthy. If the establishment of a modern market violates the provisions of Law No. 5 Year 1999 and Presidential Decree. 112 Year 1999 will be reported to the KPPU to be examined.In addition, with no establishment of zoning district regulations regarding local government market has resulted in unlawful acts and therefore can be sued by actio popularis lawsuit or citizen law suits.

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

    DEFF Research Database (Denmark)

    Fogt, Morten Midtgaard

    2013-01-01

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

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

    African Journals Online (AJOL)

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

  20. Abstracts of the sixth international conference on modern problems of nuclear physics

    International Nuclear Information System (INIS)

    Yuldashev, B.; Fazylov, M.; Ibragimova, E.; Salikhbaev, U.

    2006-09-01

    The Sixth International Conference on modern problems of nuclear physics was held on 19-22 September, 2006 in Tashkent, Uzbekistan. The specialists discussed various aspects of modern problems of both fundamental and applied nuclear physics. About 275 talks were presented in the meetingof on the following subjects: particle physics, relativistic nuclear physics and physics of atomic nuclei; radiation physics of condenced matter; nuclear applications in industry, medicine, biology and agriculture; nuclear and radiation safety, non prolifaration issues. (K.M.)

  1. Abstracts of the sixth international conference on modern problems of nuclear physics

    Energy Technology Data Exchange (ETDEWEB)

    Yuldashev, B; Fazylov, M; Ibragimova, E; Salikhbaev, U [eds.

    2006-09-15

    The Sixth International Conference on modern problems of nuclear physics was held on 19-22 September, 2006 in Tashkent, Uzbekistan. The specialists discussed various aspects of modern problems of both fundamental and applied nuclear physics. About 275 talks were presented in the meetingof on the following subjects: particle physics, relativistic nuclear physics and physics of atomic nuclei; radiation physics of condenced matter; nuclear applications in industry, medicine, biology and agriculture; nuclear and radiation safety, non prolifaration issues. (K.M.)

  2. 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.

  3. 77 FR 530 - Department of State Advisory Committee on Private International Law: Notice of Renewal of Charter

    Science.gov (United States)

    2012-01-05

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

  4. 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

  5. Main Tendencies in the Problem of the Legal Collisions Study in Modern Science of the Law Theory

    Directory of Open Access Journals (Sweden)

    Kristina V. Ahmetjanova

    2015-06-01

    Full Text Available In the article the main tendencies within studying of problems of legal collisions in modern jurisprudence are considered. The main attention is paid to a question of consideration of the specified problem from a position of various types of law understanding. By results of the conducted research, author comes to a conclusion that the most part of researches on problems of collisions in law is sustained in the spirit of legal positivism, however there is a number of works in which attempt of consideration of legal collisions from a position of sociological type of understanding of the right is traced. Tendency, according to the author, is the most significant and the specified subject having a certain potential to carrying out further actual researches on.

  6. Modern negligence law: Contribution of the medical cases.

    Science.gov (United States)

    Hodgson, John

    The law on medical negligence is part of the law of negligence generally. It has played a significant part in developing two key aspects of the law. There are special rules to determine the standard of care expected of experts when advising and solving problems, and medical cases have largely shaped the law. Although cases on causation may arise in any area, several of the key cases happen to be medical ones. They are particularly likely to assist where there are alternative causes, as it is often difficult to distinguish the effects of disease from those of inappropriate treatment.

  7. 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

  8. 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

  9. Modern environmental penal law in the light of the jurisdiction - review and tasks. Das moderne Umweltstrafrecht im Spiegel der Rechtsprechung - Bilanz und Aufgaben

    Energy Technology Data Exchange (ETDEWEB)

    Rengier, R.

    1992-01-01

    The jurisdiction in modern environmental penal law has gone beyond just adopting the ecological tenets of the legislature: it has farthered their development, thus contributing substantially to an ecologically oriented understanding of the offences of water pollution and ecologically harmful waste disposal. This orientation has made prosecution more efficient and through its preventive effects has increased ecological awareness. A good example within the sphere of public interest are communal plant operators. In other areas such as private business and private households the preventive effect is not yet as apparent, but this will probably change in the course of time. (orig.)

  10. International Conference on Modern Mathematical Methods and High Performance Computing in Science and Technology

    CERN Document Server

    Srivastava, HM; Venturino, Ezio; Resch, Michael; Gupta, Vijay

    2016-01-01

    The book discusses important results in modern mathematical models and high performance computing, such as applied operations research, simulation of operations, statistical modeling and applications, invisibility regions and regular meta-materials, unmanned vehicles, modern radar techniques/SAR imaging, satellite remote sensing, coding, and robotic systems. Furthermore, it is valuable as a reference work and as a basis for further study and research. All contributing authors are respected academicians, scientists and researchers from around the globe. All the papers were presented at the international conference on Modern Mathematical Methods and High Performance Computing in Science & Technology (M3HPCST 2015), held at Raj Kumar Goel Institute of Technology, Ghaziabad, India, from 27–29 December 2015, and peer-reviewed by international experts. The conference provided an exceptional platform for leading researchers, academicians, developers, engineers and technocrats from a broad range of disciplines ...

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

    NARCIS (Netherlands)

    Augenstein, Daniel

    2014-01-01

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

  12. 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.

  13. 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.

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

    International Nuclear Information System (INIS)

    Bischof, W.

    1980-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Nikita Lyutov

    2016-01-01

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

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

    NARCIS (Netherlands)

    van der Wilt, H.

    2010-01-01

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

  17. 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.

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

    Science.gov (United States)

    Kopal, Vladimir

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

  19. 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....

  20. 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)

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

    Directory of Open Access Journals (Sweden)

    Mark R. von Sternberg

    2014-12-01

    Full Text Available Both geographic and normative constraints restrict access to surrogate international human rights protection for those seeking a haven from serious human rights abuses. Primary among territorial restrictions has been the fall-out from the US Supreme Court’s decision in Sale v. Haitian Council Centers in which the court explicitly ruled that nothing in US statutory law, or in the 1951 Convention on Refugees or its 1967 Protocol, precluded the interdiction of Haitian refugees in international waters and their return to the country of origin without an effective interview on their protection clams. This ruling is in transparent contradiction to the general international law norm of non-refoulement according to modern scholarship and emerging case law. This paper concludes that Sale should be overturned by statute as should related pre-screening practices. A new standard of “jurisdiction” should be adopted which does not depend on territorial access to a signatory state but on whether the state is exercising power in fact. Similar concerns exist with respect to safe third country agreements which often offend the international customary right of the asylum seeker to choose where his or her claim will be filed. This paper argues that the right of choice should be recognized and onward travel and admission to the country of destination allowed. This result is especially called for where return of the alien by the country of first contact raises serious concerns under the law of non-refoulement. Imbalances noted in this paper include those generated by the new terrorism related grounds of inadmissibility in theUnited States and the summary denial of children’s asylum claims flowing from gang violence.Other questions are raised in this paper concerning work authorization and detention of asylum seekers. Access to an employment authorization document for those filing colorable claims should be recognized by statute to render US practice

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

    Science.gov (United States)

    2010-07-01

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

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

    OpenAIRE

    Baars, G.

    2012-01-01

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

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

    OpenAIRE

    Garcia, Frank J.

    2007-01-01

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

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

    OpenAIRE

    Ndi, George

    2015-01-01

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

  8. MODERN SLAVERY IN INDONESIA: BETWEEN NORMS AND IMPLEMENTATION

    Directory of Open Access Journals (Sweden)

    Savira Dhanika Hardianti

    2015-04-01

    Full Text Available People now in the 21st century are still sold like objects, forced to work for little or no pay and at the complete mercy of their 'employers'. The Global Slavery Index (GSI 2013 shows that there are estimated 29.8 million people are living in a modern slavery. In Indonesia there are 210,970 people living in slavery. Although Indonesia has some laws regulating about modern slavery that is included in Anti-Trafficking Law. This paper tries to figure the norms and the implementations in modern slavery practice. How the norms are implemented by the government and what are the obstacles to enforce the law.

  9. 77 FR 31682 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    Science.gov (United States)

    2012-05-29

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

  10. 76 FR 65318 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    Science.gov (United States)

    2011-10-20

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

  11. 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

  12. 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.

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

    NARCIS (Netherlands)

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

    2014-01-01

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

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

    NARCIS (Netherlands)

    d' Aspremont, J.

    2014-01-01

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

  15. 77 FR 23318 - U.S. Department of State Advisory Committee on Private International Law (ACPIL); Online Dispute...

    Science.gov (United States)

    2012-04-18

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

  16. Proceedings of the international colloquium on modern quantum field theory II

    International Nuclear Information System (INIS)

    Das, S.R.; Mandal, G.; Mukhi, S.; Wadia, S.R.

    1995-01-01

    In the second International Colloquium on Modern Quantum Field Theory an attempt was made to cover a broad spectrum of topics in theoretical physics that included string theory, quantum gravity, statistical mechanics, condensed matter theory, complexity, lattice gauge theory and epistemological aspects of quantum mechanics. Papers relevant to INIS in the published proceedings are indexed separately

  17. 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

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

    Directory of Open Access Journals (Sweden)

    Matorina T.A.

    2017-02-01

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

  19. 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...

  20. Islamic Law

    Directory of Open Access Journals (Sweden)

    Doranda Maracineanu

    2009-06-01

    be followed by all Muslims. This prophet teachesthe Muslims five basic rules they must strictly obey: prayer five times a day, gifts to the poor, faith inAllah, fasting in the month of Ramadan and pilgrimage to Mecca, at least once in a lifetime. The Koranexcludes the passage of laws by a legislative body, the divinity being the sole “authority” capable ofgoverning life in all its dimensions. However, on the other side, as it would have been expected due tothe old times when it was created, the Koran encouraged a series of injustices and limitations of thehuman rights, from a contemporary point of view; the Islamic law settled the inferiority of women inrelation to men. If in the 7th century the woman’s position in society was rather humble, the voice of theprophet Mohamed improved her condition, the woman becoming her husband’s “partner and closehelper”, and the development of the society led to the emancipation of the woman, especially due toexternal influences. After the beginning of the 19th century, the application area of the Sharia law wasreduced at first due to the western influence, but its proponents succeeded in reviving it, phenomenonknown as “the Islamic rebirth”. Thus, the penetration of modern education as well as the constitution ofnational States led to the acceptance of the introduction of the codes specific to the continental system.In some countries, the Islamic law was officially abolished – this is the case of Albany, Turkey and theformer USSR. International jurisdictions (Hague International Court, supranational (Strasbourg Courtof Human Rights, and even transnational ones (the one from Kosovo have already been created. In thelight of this international trend, legal systems interfere and tend towards external influence and evenglobalization. Given this context, we must mention the Universal Islamic Declaration of Human Rights(the 19th of September 1981, and the European Union – Islamic Conference Organization bilateralforum

  1. 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.

  2. Reconsideration of the international management in terms of modern tendencies

    Directory of Open Access Journals (Sweden)

    Zharova Lubov Valeriivna

    2017-06-01

    Full Text Available The article analyzes main directions to reconsider modern international management within sustainable development. Attention is paid to the necessity to comprise all aspects of development far from usual boundaries of the economic growth, including material and non-material life needs. Main directions to form new concept of the international management, particularly, natural resources effective use, necessity to reduce emissions of greenhouse gases, care about health and bio-variety for innovations, are distinguished. It is concluded about mutuality and interdependence of such constituents as corporations and society. It is underlined that being aware and understanding the necessity of changes, society becomes strong and supporting power to realize sustainable development postulates.

  3. 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,

  4. INDONESIAN SALVAGE LAW WITHIN THE FRAMEWORK OF CONTEMPORARY MARITIME LAW

    Directory of Open Access Journals (Sweden)

    Dhiana Puspitawati

    2015-12-01

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

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

    OpenAIRE

    BAKHTIAR, HANDAR SUBHANDI

    2017-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Miguel Ángel Martín López

    2016-06-01

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

  7. Water, law, science

    Energy Technology Data Exchange (ETDEWEB)

    Narasimhan, T.N.

    2007-10-17

    In a world with water resources severely impacted bytechnology, science must actively contribute to water law. To this end,this paper is an earth scientist s attempt to comprehend essentialelements of water law, and to examine their connections to science.Science and law share a common logical framework of starting with apriori prescribed tenets, and drawing consistent inferences. In science,observationally established physical laws constitute the tenets, while inlaw, they stem from social values. The foundations of modern water law inEurope and the New World were formulated nearly two thousand years ago byRoman jurists who were inspired by Greek philosophy of reason.Recognizing that vital natural elements such as water, air, and the seawere governed by immutable natural laws, they reasoned that theseelements belonged to all humans, and therefore cannot be owned as privateproperty. Legally, such public property was to be governed by jusgentium, the law of all people or the law of all nations. In contrast,jus civile or civil law governed private property. Remarkably, jusgentium continues to be relevant in our contemporary society in whichscience plays a pivotal role in exploiting vital resources common to all.This paper examines the historical roots of modern water law, followstheir evolution through the centuries, and examines how the spirit ofscience inherent in jus gentium is profoundly influencing evolving waterand environmental laws in Europe, the United States and elsewhere. In atechnological world, scientific knowledge has to lie at the core of waterlaw. Yet, science cannot formulate law. It is hoped that a philosophicalunderstanding of the relationships between science and law willcontribute to their constructively coming together in the service ofsociety.

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

    Directory of Open Access Journals (Sweden)

    Pasculli Maria Antonella

    2011-04-01

    over other international or transnational crimes, which would be a sign of real fragmentation between modern ICL (the core crimes and transnational ICL (crimes such as terrorism, piracy, money counterfeiting, etc..In section 2, on the basis of a few selected case studies, I will ask whether the exercise of UJ has the tendency to lead to fragmented jurisprudence on substantive ICL. I will try to answer: Do States in their implementation of legislation and subsequently the national courts use the same crime definitions as the ICC, or are they generally different and tailored to domestic circumstances? And those questions arise even more strongly for modes of liability? If the latter is the case, to what extent is the jurisprudence fragmented – is it on minor points, or do we see great divergences in case law on crime definitions?Finally, I will make some final observations on the utility of UJ and whether in general it will lead to further fragmentation within ICL, with my personal interpretation of ideal UJ.Dans cet article, la question que nous allons aborder est celle de la juridiction universelle, de manière à comprendre si elle conduira à l’unité ou à la fragmentation du droit pénal international. Sur la base d’un bref aperçu de la littérature sur le sujet, on évaluera le pour et le contre de l’implémentation du principe de juridiction universelle. Après quoi, afin de porter notre attention sur l’efficacité et la légitimité du principe de juridiction universelle, défini aussi comme une forme de juridiction controversée, on l’examinera dans les pays qui ont légiféré différemment en la matière.Dans la première partie du texte, on donnera un aperçu des Etats qui, par respect pour la ratification du Statut de Rome, ont résolu le problème de l’universalité de la juridiction en droit pénal selon différentes formes et modalités. Dans la deuxième partie, à travers quelques cas de jurisprudence, on essayera de répondre à la

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

    Science.gov (United States)

    Byrne, Bronagh

    2013-01-01

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

  10. Water, law, science

    Science.gov (United States)

    Narasimhan, T. N.

    2008-01-01

    SummaryIn a world with water resources severely impacted by technology, science must actively contribute to water law. To this end, this paper is an earth scientist's attempt to comprehend essential elements of water law, and to examine their connections to science. Science and law share a common logical framework of starting with a priori prescribed tenets, and drawing consistent inferences. In science, observationally established physical laws constitute the tenets, while in law, they stem from social values. The foundations of modern water law in Europe and the New World were formulated nearly two thousand years ago by Roman jurists who were inspired by Greek philosophy of reason. Recognizing that vital natural elements such as water, air, and the sea were governed by immutable natural laws, they reasoned that these elements belonged to all humans, and therefore cannot be owned as private property. Legally, such public property was to be governed by jus gentium, the law of all people or the law of all nations. In contrast, jus civile or civil law governed private property. Remarkably, jus gentium continues to be relevant in our contemporary society in which science plays a pivotal role in exploiting vital resources common to all. This paper examines the historical roots of modern water law, follows their evolution through the centuries, and examines how the spirit of science inherent in jus gentium is profoundly influencing evolving water and environmental laws in Europe, the United States and elsewhere. In a technological world, scientific knowledge has to lie at the core of water law. Yet, science cannot formulate law. It is hoped that a philosophical understanding of the relationships between science and law will contribute to their constructively coming together in the service of society.

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

    Science.gov (United States)

    2010-06-09

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

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

    Directory of Open Access Journals (Sweden)

    Roxana Banu

    2013-02-01

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

  13. Modern Slavery in Indonesia: Between Norms and Implementation

    OpenAIRE

    Hardianti, Savira Dhanika

    2015-01-01

    People now in the 21st century are still sold like objects, forced to work for little or no pay and at the complete mercy of their 'employers'. The Global Slavery Index (GSI) 2013 shows that there are estimated 29.8 million people are living in a modern slavery. In Indonesia there are 210,970 people living in slavery. Although Indonesia has some laws regulating about modern slavery that is included in Anti-Trafficking Law. This paper tries to figure the norms and the implementations in modern...

  14. MODERN SLAVERY IN INDONESIA: BETWEEN NORMS AND IMPLEMENTATION

    OpenAIRE

    Savira Dhanika Hardianti

    2015-01-01

    People now in the 21st century are still sold like objects, forced to work for little or no pay and at the complete mercy of their 'employers'. The Global Slavery Index (GSI) 2013 shows that there are estimated 29.8 million people are living in a modern slavery. In Indonesia there are 210,970 people living in slavery. Although Indonesia has some laws regulating about modern slavery that is included in Anti-Trafficking Law. This paper tries to figure the norms and the implementations in modern...

  15. 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

  16. Law across nations

    DEFF Research Database (Denmark)

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

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

    National Research Council Canada - National Science Library

    Boelaert-Suominen, Sonja

    2000-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Amaya Álvez Marín

    2017-08-01

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

  19. Conceptul modern al principiului subsidiarităţii in dreptul internaţional public

    Directory of Open Access Journals (Sweden)

    Antohi Leonid

    2016-04-01

    Full Text Available Actually, principle of subsidiarity has certain reflection in the European Union law and international law of human rights, manly law of the European Convention on Human Rights. With regard to the European Union, principle of subsidiarity acts as a criterion that regulates the execution of shared competences between the EU and member-states. On the one hand, it excludes the EU intervention when an issue could be regulated more efficiently by member-states at central, regional or local level. On the other hand, the European Union exercises its powers when member-states are not capable to fulfill adequately goals of the Treaties. With regard to the ECHR law, subsidiarity principle implies the obligation of the victims of the ECHR violation to appeal firstly to relevant domestic remedies, to allow the national judge of a higher court to rectify the errors committed by lower courts, so as domestic legal system could itself rectify violations of human rights and fundamental freedoms. In the present scientific paper, the author tried to prove modern implications of the principle of subsidiarity in international public law, and also to elucidate its essence and inherent characters.

  20. 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

  1. 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.

  2. 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.

  3. 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'?

  4. Rethinking Ethiopian Secured Transactions Law through ...

    African Journals Online (AJOL)

    Various countries have reformed their secured transaction laws recognizing the significance of modern secured transactions law in enhancing access to credit and economic development. Ethiopia has not undertaken comprehensive secured transactions law reform, despite the demonstrable mismatch between the legal ...

  5. Sobre la International Comity en el sistema de derecho internacional privado de los EE.UU

    Directory of Open Access Journals (Sweden)

    Francisco Javier Zamora Cabot

    2010-01-01

    Full Text Available The present Note makes a deep analysis of an important work published by Joel R. Paul in Law and Contemporary Problems about the "Transformation of International Comity". After completing the review of the historical study prepared by the above-mentioned author on the described subject, the Note offers after studying several judicial precedents dealing with antitrust matters, an alternative critique of the results derived from that historical study, in favor of the International Comity as a basic tool for the development of modern Private International Law.

  6. The Contingency of Laws of Nature in Science and Theology

    Science.gov (United States)

    Jaeger, Lydia

    2010-10-01

    The belief that laws of nature are contingent played an important role in the emergence of the empirical method of modern physics. During the scientific revolution, this belief was based on the idea of voluntary creation. Taking up Peter Mittelstaedt’s work on laws of nature, this article explores several alternative answers which do not overtly make use of metaphysics: some laws are laws of mathematics; macroscopic laws can emerge from the interplay of numerous subsystems without any specific microscopic nomic structures (John Wheeler’s “law without law”); laws are the preconditions of scientific experience (Kant); laws are theoretical abstractions which only apply in very limited circumstances (Nancy Cartwright). Whereas Cartwright’s approach is in tension with modern scientific methodology, the first three strategies count as illuminating, though partial answers. It is important for the empirical method of modern physics that these three strategies, even when taken together, do not provide a complete explanation of the order of nature. Thus the question of why laws are valid is still relevant. In the concluding section, I argue that the traditional answer, based on voluntary creation, provides the right balance of contingency and coherence which is in harmony with modern scientific method.

  7. 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.

  8. 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)

  9. 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

  10. Gemachtes Recht - gegebenes Recht / Made Law - Given Law

    Directory of Open Access Journals (Sweden)

    Lorenz Engi

    2007-08-01

    Full Text Available Das Recht der Moderne ist auf den Begründungsmodus der Positivität umgestellt, und es ist Instrument einer Politik mit weitreichendem Steuerungsanspruch. In Kombination mit einer Steigerung der Umweltkomplexität ergibt sich daraus für das Recht eine starke Belastung. Es wird quantitativ ausgedehnt, an normativer Kraft aber eher ärmer. Als neuer Faktor tritt die Globalisierung der Weltverhältnisse in diese Situation ein. Da das Recht sich globalisieren kann, die Politik aber nur begrenzt (kein Weltstaat, ergeben sich daraus Möglichkeiten der partiellen Wiederabkoppelung des Rechts von der Politik. Das Recht könnte der Politik von politikunabhängigen Legitimationsgrundlagen her verstärkt wieder eigenständig gegenübertreten. Modern law has shifted towards a positivistic mode of reasoning,and is the instrument of a form of politics that claims wide‐ranging rights of control. In combination with an increase of environmental complexity, law is impacted strongly. It is quantitatively extended, thereby losing its normative power. A globalization of world conditions enters the situation as a new factor. As law has the ability to globalize itself, whereas politics can only do so in a limited way (not a world state, possibilities for a partial re‐disengagement of law from politics result from this. Law is now able to face politics more strongly from a basis of legitimization that is independent from politics.

  11. International travel as medical research: architecture and the modern hospital.

    Science.gov (United States)

    Logan, Cameron; Willis, Julie

    2010-01-01

    The design and development of the modern hospital in Australia had a profound impact on medical practice and research at a variety of levels. Between the late 1920s and the 1950s hospital architects, administrators, and politicians travelled widely in order to review the latest international developments in the hospital field They were motivated by Australia's geographic isolation and a growing concern with how to govern the population at the level of physical health. While not 'medical research' in the conventional sense of the term, this travel was a powerful generator of medical thinking in Australia and has left a rich archival legacy. This paper draws on that archive to demonstrate the ways in which architectural research and international networks of hospital specialists profoundly shaped the provision of medical infrastructure in Australia.

  12. 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

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

    CERN Document Server

    2012-01-01

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

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

    Science.gov (United States)

    Perlin, Michael L

    2014-01-01

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

  15. Modern trends in international researches in the sphere of electronic governance (in the case of publications of the international journal Electronic Government)

    OpenAIRE

    V. M. Dreshpak

    2017-01-01

    Current trends of studying the problems of electronic government by world scientific community have been revealed in the article using the analysis of publications in the international journal Electronic Government. It has been noted that the peculiarity of modern research in the sphere of electronic government is that this sphere is changing constantly and dynamically under the influence of many factors and is being modernized together with the development of information and communication te...

  16. 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

  17. Units 3 and 4 of Kozloduy NPP - modernized in compliance with the contemporary international standards

    International Nuclear Information System (INIS)

    Urutchev, V.

    2005-01-01

    In this paper the Kozloduy NPP units 1- 4 original design characteristics are given. The main results from units 3 and 4 modernization programme as well as: assurance of reactor core safety; assurance of SLA reliability; assurance of unit safety and reliability are presented. The Kozloduy NPP units 3 and 4 modernization programme and the position of the units in the generally accepted scale of risk assessment are illustrated. The fulfillment of the IAEA and EC requirements and AQG recommendations is also presented. At the end the author concluded that: 1) The results from units 3 and 4 large scale modernization programs realization are assessed by international community as one of the most effective examples of good international practices applying in the filed of the nuclear facilities safety; 2) There are not any technical reasons behind discussions for early closure of units 3 and 4; 3) Taking into account the Balkans electricity consumption prognosis and the condition of the electricity production facilities, Kozloduy NPP units 3 and 4 can have sufficient contribution for the region reliable electricity delivery in the future years

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

    DEFF Research Database (Denmark)

    Carlson, Kerstin Bree

    2013-01-01

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

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

    Science.gov (United States)

    1999-06-01

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

  20. 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”.

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

    OpenAIRE

    Hutchinson, Zoé

    2010-01-01

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

  2. Axel Honneth: The law of freedom – Institutionalization of freedom in modern societies - A reconstruction and some remarks

    DEFF Research Database (Denmark)

    Rendtorff, Jacob Dahl

    2012-01-01

    This paper reconstructs the argument of Axel Honneth's recent book Das Recht der Freiheit as a theory of the institutionalization of freedom in modern society. In particular, it looks at Honneth's argument for the realization of freedom in law and morality that is proposed as a contemporary re......-interpretation of Hegel's Philosophy of Right. Then I discuss Honneth's argument for the reality of freedom in the ethical spheres of civil society, in particular in the family, the market and in democracy. Finally, the paper proposes some critical remarks to Honneth's theory....

  3. Axel Honneth: The law of freedom – Institutionalization of freedom in modern societies - A reconstruction and some remarks

    Directory of Open Access Journals (Sweden)

    Jacob Dahl Rendtorff

    2012-03-01

    Full Text Available This paper reconstructs the argument of Axel Honneth's recent book Das Recht der Freiheit as a theory of the institutionalization of freedom in modern society. In particular, it looks at Honneth's argument for the realization of freedom in law and morality that is proposed as a contemporary re-interpretation of Hegel's Philosophy of Right. Then I discuss Honneth's argument for the reality of freedom in the ethical spheres of civil society, in particular in the family, the market and in democracy. Finally, the paper proposes some critical remarks to Honneth's theory.

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

    Science.gov (United States)

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

    2016-04-16

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

  5. 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

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

    Directory of Open Access Journals (Sweden)

    Alejandro Carballo Leyda

    2008-01-01

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

  7. Why do We Speak of Laws of Nature?

    International Nuclear Information System (INIS)

    Huefner, J.

    2010-01-01

    The concept of a law of nature has origins which date back several millennia. The idea of a divine law-giver is found in the Mesopotamian, Jewish and Christian religions. Hellenistic scientists did not speak of laws, but used mathematical terms to describe their discoveries. The religious and scientific traditions would not converge, however, until Descartes and Newton laid the foundations of modern science and shaped the modern concept of a law of nature. It seems that during the 20 th century this notion gradually comes out of use at least in the scientific language. (author)

  8. EU Food Law Handbook

    NARCIS (Netherlands)

    Meulen, van der B.M.J.

    2014-01-01

    The twenty-first century has witnessed a fundamental reform of food law in the European Union, to the point where modern EU food law has now come of age. This book presents the most significant elements of these legal developments with contributions from a highly qualified team of academics and

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

    Directory of Open Access Journals (Sweden)

    Dimitrios K. STAMATIADIS

    2017-01-01

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

  10. 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

  11. 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.

  12. 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.

  13. 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...

  14. 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.

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

    International Nuclear Information System (INIS)

    Lebedev, D.R.

    1982-01-01

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

  16. Chinese Law Past and Present - Potential of a legacy?

    DEFF Research Database (Denmark)

    Buhmann, Karin

    2005-01-01

    /Confucian-Legalist cultural tradition). At second glance, however, a comparison of elements of the late twentieth-century reforms of administrative law, and of administrative law and governance of pre-modern China, suggests a number of common features. In the paper, some of these features of the pre-modern legal...

  17. THE ROLE OF LAW IN FIELDS OF SOCIAL WORK: BETWEEN EDUCATION AND PRACTICE (AN EXPERIENCE OF GERMANY

    Directory of Open Access Journals (Sweden)

    Vladimir P. Shalayev

    2017-06-01

    Full Text Available Introduction: the article deals with the development of social work as a profession and special education in Germany and the place of law in these activities. The authors analyse the impact of modern German social laws on various social groups. The place and role of law in social work fields such as poverty and unemployment between various categories of people in modern German society are given a thorough account. Materials and Methods: the authors used the historical, bibliographic, logical methods and the problematic approach. Historical and bibliographic methods are presented by the analysis of development of subject of the social work and the related social law. The logical and problem methods facilitated the understanding of the process development. Results: the influence of consequences of the World wars of the 20th c. on the German society, the social laws of the Weimar Republic, the requirement of the developed capital to education and vocational training of experts, influence of national discussions in the field of social problems, influence of international law are the main factors that have influenced the development of modern fields of social work. The Bologna Agreement plays a significant role in the educational process i n Germany. Discussion and Conclusions: the German state is the main subject of responsibility for the human condition in the society during the new challenges. The authors propose a paradigm for understanding the trend of increasing rights in society at the time of growing individualisation of a man and the destruction of traditional social institutions. These trends should be taken into account during the legal training of specialists of social services in modern Russian society with emer ging challenges of relations in a transforming society.

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

    NARCIS (Netherlands)

    X.E. Kramer (Xandra)

    2008-01-01

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

  19. Medicine, law and human rights - a symbiotic relationship.

    Science.gov (United States)

    Tupanceski, Nikola; Kiprijanovska, Dragana

    2014-04-01

    Law and medicine are separate professions, and attorneys and physicians often see their professions in conflict. There are, however, more similarities than differences between the two professions. And there are areas of mutual concern and overlap that demand the application of both legal and medical knowledge for the good of the society. In the new categorical system of values, which is substantially influenced by the so-called modern or aggressive medicine, clever physicians, researchers, and technicians discover newer and better ways to do things. Often, what science and technology make possible soon becomes permissible and, eventually, normal and expected. Given the rapid advances in technology and medical technology in particular, it is clear that without the reasonable restraints imposed by philosophical but also, legal critique, medicine and its practitioners may unintentionally convert science and medical method into a muddled philosophy of human life'. Against this background, this paper will handle the questions posed by the extent and protection of human rights and freedoms in terms of application of new biomedical techniques and technologies of treatment toward the development of International human rights law. It also discusses the compatibility of domestic medical law with the normative system of international human rights.

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

    Science.gov (United States)

    Birmontiene, Toma

    2010-03-01

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

  1. 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.

  2. 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

  3. 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

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

    NARCIS (Netherlands)

    Venzke, I.

    2016-01-01

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

  5. Business Law

    DEFF Research Database (Denmark)

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

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

  6. VII International Symposium and Young Scientists School “Modern Problems of Laser Physics”

    International Nuclear Information System (INIS)

    2017-01-01

    General Information This volume of the Journal is devoted to the VII International Symposium and Young Scientists School “Modern Problems of Laser Physics” (MPLP-2016). I was held in Novosibirsk Akademgorodok, Russia, 22–28 August 2016. Akademgorodok is the well-known Siberian Scientific Centre of Russian Academy of Sciences (RAS). It was founded in 1957. Since that time it is the place of many international scientific meetings, because it reflects the unique and fruitful symbiosis of many research institutions and Novosibirsk State University at one territory. Since the first MPLP meeting in 1995 the Symposium usually gathers scientists from many countries, carrying out their investigations at the forefront of laser physics, quantum metrology and high-resolution spectroscopy, physics of ultracold atoms, molecules and ions, atom optics, ultrafast phenomena and attoscience, quantum optics and information, nonlinear optics and applications of laser radiation from THz to UV radiation ranges in medicine, geophysics, chemistry and microbiology. Traditionally the Symposium is the place where scientists can discuss new trends in modern laser physics, generate new ideas as well as initiate further collaborations. (paper)

  7. 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...

  8. Model(ing) Law

    DEFF Research Database (Denmark)

    Carlson, Kerstin

    The International Criminal Tribunal for the former Yugoslavia (ICTY) was the first and most celebrated of a wave of international criminal tribunals (ICTs) built in the 1990s designed to advance liberalism through international criminal law. Model(ing) Justice examines the case law of the ICTY...

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

    Directory of Open Access Journals (Sweden)

    Eric Pomès

    2017-12-01

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

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

    Directory of Open Access Journals (Sweden)

    Gennadij A. Borisov

    2017-06-01

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

  11. 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.

  12. 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.

  13. The Entropy Principle from Continuum Mechanics to Hyperbolic Systems of Balance Laws: The Modern Theory of Extended Thermodynamics

    Directory of Open Access Journals (Sweden)

    Tommaso Ruggeri

    2008-09-01

    Full Text Available We discuss the different roles of the entropy principle in modern thermodynamics. We start with the approach of rational thermodynamics in which the entropy principle becomes a selection rule for physical constitutive equations. Then we discuss the entropy principle for selecting admissible discontinuous weak solutions and to symmetrize general systems of hyperbolic balance laws. A particular attention is given on the local and global well-posedness of the relative Cauchy problem for smooth solutions. Examples are given in the case of extended thermodynamics for rarefied gases and in the case of a multi-temperature mixture of fluids.

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

    Directory of Open Access Journals (Sweden)

    Teresa Thorp

    2012-11-01

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

  15. One World? One Law? One Global Legal System? Modern Law and Socio-Legal Communities

    OpenAIRE

    Werner Krawietz

    2014-01-01

    In the present article the author considers the issues connected with globalization and structural changes in the contemporary societies. In author’s opinion, development of legal regulation encompasses not only the practical and theoretical argumentation in the law. It also includes the informative and communicative perspectives of our analytical and conceptual legal thinking and of our legal world-outlook which is formed accordingly to the social world of law. The author stresses that there...

  16. 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....

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

    OpenAIRE

    Wrange, Pål

    2013-01-01

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

  18. [The international network and Italian modernization. Ruggero Ceppellini, genetics, and HLA].

    Science.gov (United States)

    Capocci, Mauro

    2014-01-01

    The paper reconstructs the scientific career of Ruggero Ceppellini, focusing especially on his role in the discovery of the genetic system underlying the Human Leucocyte Antigen. From his earliest investigations in blood group genetics, Ceppellini quickly became an internationally acknowledged authority in the field of immunogenetics--the study of genetics by means of immunological tools--and participated to the endeavor that ultimately yelded a new meaning for the word: thanks to the pioneering research in the HLA field, immunogenetics became the study of the genetic control of immune system. The paper will also place Ceppellini's scientific work against the backdrop of the modernization of Italian genetics after WWII, resulting from the efforts of a handful of scientists to connect to international networks and adopting new methodologies in life sciences.

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

    International Nuclear Information System (INIS)

    Grammatico-Vidal, L.

    2009-01-01

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

  20. 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

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

    Energy Technology Data Exchange (ETDEWEB)

    Robertson, D

    1986-01-01

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

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

    DEFF Research Database (Denmark)

    Fabbrini, Federico

    2014-01-01

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

  3. 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

  4. 78 FR 64260 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

    Science.gov (United States)

    2013-10-28

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

  5. Business and human rights: from soft law to hard law?

    Directory of Open Access Journals (Sweden)

    Ramona Elisabeta Cîrlig

    2016-12-01

    Full Text Available Over the last decades the international community turned its attention towards the impact that businesses have on human rights, and the role they can play in furt hering human rights protection, in light of the lead role they play in globalization, and the increasingly vocal allegations of human rights violations directed against some multinationals. These developments triggered some action at the United Nations, an d at the European Union level, and led to the development of international soft law in this area, moving slowly towards binding instruments. This paper explores the evolution of business and human rights, presents the current international non-binding instruments, as well as some states’ binding initiatives in this area, and highlights the tendency to move from soft law to hard law, to leave the realm of voluntary corporate responsibility for the one of pure accountability. In this context, several solutions are debated by scholars: from a binding treaty, or a series of narrower treaties focused on specific areas, to a Model Law which could be used by states to enact laws imposing obligations on businesses within their jurisdictions, or even adding human rights in the international investment agreements and making use of the international arbitration as an enforcement mechanism.

  6. Self-Orientalization: Modernity Within Ourselves or Internalized Modernization

    OpenAIRE

    Bezci, Bünyamin; Çiftci, Yunus

    2014-01-01

    After Said’s concept of orientalism had been widely recognized within political literature, this term has developed its content productively to explain Eastern Societies’ relation with modernity. Rather than being used in terms of East-West dichotomy, the term has gained new meanings as self-orientalization of Eastern Societies. In this study, the first section analyzes boundaries of the term. The second section discusses world of meaning’s locational scope of self-orientalization through nat...

  7. International Criminalization of International Terrorizm

    Directory of Open Access Journals (Sweden)

    Alexander Grigoryevich Volevodz

    2014-01-01

    Full Text Available Analysis and studying of the terrorism in all its facets is a complex entangled problem with less clear legal regulation that it might seem at first glance, especially after its transformation from local phenomenon into a world threat. Hitherto terrorism and actions connected to it have been criminalized by the majority of states. There are in modern criminal law whole systems of rules on criminal liability for terrorism which differs considerably from country to country. Terrorism has been criminalized in numerous international regional and universal antiterrorist legal instruments. The author notes that differences in definitions that are enshrined in them hinders international cooperation in criminal matters with respect to terrorist cases. Difficulties reside in the necessity to meet the dual criminality requirement and in the political offense exception. These difficulties can only be overcome through elaboration of a universally recognized definition of the notion of international terrorism and making it legally binding via its inclusion into a universal convention. The issue of definition of international terrorism is an important part of an efficient mutual assistance among states in fight against this crime. In this article the author accounts of actual ways of tackling by the international community of the issue of criminalization of international terrorism and of factors influencing them.

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

    OpenAIRE

    Paul Hallwood; Thomas J. Miceli

    2011-01-01

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

  9. Patent Law and the invisibility of traditional knowledge: the case of Bauhinia sp.

    Directory of Open Access Journals (Sweden)

    Marcos Vinício Chein Feres

    2016-08-01

    Full Text Available This paper aims to discuss patent law and the issue of traditional knowledge associated with biodiversity through an empirical qualitative study. In this context, we resort to the critical approach developed by Zenon Bankowski on Law and love as well as Charles Taylor’s analysis of modern identity. The study was composed of an analysis of international treaties and domestic laws as well as data collected at the WIPO (World Intellectual Property Organization website regarding the plant Bauhinia sp. and its therapeutic use. In addition, by analyzing the data collected in the course of the empirical study, we drew descriptive and casual inferences about the research question and the hypothesis, emphasizing the indispensability of the protection of traditional knowledge associated with traditional people. Finally, supported by the data collected in the study, it is possible to state that international agreements should be reviewed and, specifically, the interpretation of what traditional knowledge is should be modified, in order to avoid biopiracy and the invisibility of traditional peoples. 

  10. Law project on the gas utility modernization and gas industries development. Law project synthesis on the gas utility modernization and gas industries development; Projet de loi relatif a la modernisation du service public du gaz naturel et au developpement des entreprises gazieres.Synthese du projet de loi sur la modernisation du service public du gaz et le developpement des entreprises gazieres

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2000-05-01

    The french government would like to develop a law concerning the gas utility modernization and gas industries development, which completes the today system, more particularly, the law of 1946. This project specifies and comforts the gas utility, it gives to the energy policy tools adapted to the new european context. It helps the natural gas industry to become more competitive. The method chosen by the government is presented and discussed in these three documents. (A.L.B.)

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

    Directory of Open Access Journals (Sweden)

    Thomas Ojong

    2017-10-01

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

  12. International Journal of Modern Anthropology

    African Journals Online (AJOL)

    Journal Homepage Image. Some recent rigorous studies in anthropological research begin to provide new conclusions against some classic questionable considerations and /or show increasing tendency to do some syntheses of multidisciplinary data. The revelation of these two events marks the birth of a modern ...

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

    Directory of Open Access Journals (Sweden)

    Jovanović Marko

    2014-01-01

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

  14. 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.

  15. 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

  16. François Delsarte and Modern Dance: an encounter in physical expression

    Directory of Open Access Journals (Sweden)

    Elisa Teixeira de Souza

    2012-11-01

    Full Text Available This study addresses François Delsarte’s system of expression, known as Applied Aesthetics. It presents data related to François Delsarte’s career, such as personal and professional life and his theoretical background. It discusses the laws of gestural expression formulated by Delsarte – Trinity Law, the Law of Correspondence and the Nine Laws of Motion – as well as their dissemination and utilization in modern dance; this discussion mentions some pioneers of modern dance, such as Isadora Duncan, Ruth Saint Denis, Ted Shawn, Vaslav Nijinsky, Rudolf Laban and Mary Wigman.

  17. 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.)

  18. PENERAPAN SYARI’AH DI NEGARA MODERN (Analisis Ijtihad Pemikiran Abdullahi Ahmed An-Na’im

    Directory of Open Access Journals (Sweden)

    Ahmad Bahrur Rozi

    2016-02-01

    Full Text Available Islam is a holistic religion. It means that Islam is a religion which does not only focus on the vertical relation between humans and God but also contains rules of horizontal relation between man and man. Laws with social characteristic lead to the existence of a power as the doer, such as the application of all the punishments and public rewards (al-hudûd wa al-'uqûbât. This article analyzes the thought of Abdullahi Ahmed An--Na’im about syari’ah reformation which is relevant to the constitutionalism standard, criminal law, international law and modern human right, a vision of “syariat modern” which is suitable with the nation state concept which beyond  the offering of the Nation of fundamentalist syariah and the offering of Modern Islamic Nation. The method used by Abdullahi Ahmed An--Na’im is the renewal method which is said as legalized evolution with hermeneutic as the main tool to reach the purpose and normative implication of the text as al-Qur’an. According to Abdullahi Ahmed An--Na’im, the failure of syari’ah application in modern country caused by the crisis on the traditional syari’ah methodology which became its base. Therefore, new syari’ah formulation is needed to be built on the new base. Naskh concept which is initiated by An-Na’im is for answering this crisis.Copyright (c 2016 by Al-Ihkam. All right reservedDOI: 10.19105/al-ihkam.v10i2.734

  19. Law in Afghanistan: A Critique of Post-2001 Reconstruction

    Directory of Open Access Journals (Sweden)

    Antonio de Lauri

    2013-03-01

    Full Text Available This article provides a critical reflection on the efforts at legal reconstruction initiated in 2001 by the international community and the Afghan government. Its aim is to highlight some of the more controversial factors that accompany the implementation of a foreign model of justice inspired by the ideology of the rule of law. Following Operation Enduring Freedom and the consequent arrival of various international agencies on Afghan soil, the international community (led by the United States has attempted to bring political stability and democracy to Afghanistan. This endeavor has evolved into a more extensive, and rather controversial, process of reconstruction, which has called into question the mantra of democratization and modernization used to ideologically justify the US-led coalition control of a pro-Western Afghan government. By introducing a reflection on restorative justice and judicial mediation, I argue that the standardization and global circulation of specific models of justice present a series of problems often hidden behind legalistic interpretations. While in Western countries jurists and legal practitioners promote the industry of ‘alternative dispute resolution’ (ADR and emphasize the recourse to mediation and conciliation, in Afghanistan governments and international agencies implement the rule of law, thus condemning and marginalizing customary practices in the resolution of disputes. Once taken away from the rules of the judicial order, judicial mediation becomes caught in a logic of compromise and deteriorates.

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

    Directory of Open Access Journals (Sweden)

    Cmiljanić Bajo M.

    2011-01-01

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

  1. THE BECOMING-OTHER OF LAW: PRELIMINARIES FOR A CITIZEN'S CONCEPTUALIZATION OF LAW

    OpenAIRE

    Miranda, Ricardo

    2017-01-01

    Abstract: The author's hypothesis is that modern legal theories view law solely from the standpoint of ruling class or, in Hartian language, from the external point of view. Why? In sume because legal philosophers have implicitly accepted law as the exclusive domain of government and partisan politics. This approach, however, has been disrupted by poststructuralist political developments, which serve as a powerful impetus to modify prevailing concepts. This analysis begins with Benjamín Ardit...

  2. Promoting the Recognition and Protection of the Rights of All Migrants Using a Soft-Law International Migrants Bill of Rights

    Directory of Open Access Journals (Sweden)

    Ian M. Kysel

    2016-06-01

    Full Text Available The rights and movement of people crossing international borders remain inadequately governed and incompletely protected by a fragmented patchwork of institutions and norms. In recent years, debates regarding migration law and practice globally have been focused on subcategories of migrants, such as refugees, or on particular migration contexts, such as migration as a result of crisis or climate change. In response, a transnational initiative housed at the Georgetown University Law Center has drafted a soft-law bill of rights — the International Migrants Bill of Rights (IMBR — that seeks to elaborate the law protecting all migrants, regardless of the cause of their movement across an international border. The bill draws its content from human rights, refugee, and labor law, among other areas, and is drafted to be a comprehensive and declarative tool that articulates a core set of rights to protect migrants and to apply in the migration context.This article articulates how such a tool could be used to promote the recognition and protection of the rights of all migrants, in law and in practice. It argues that a soft-law bill of rights could be leveraged to fill significant gaps and promote an improved normative and institutional infrastructure that better protects all migrants worldwide. Section I provides a brief overview of the gap that a soft-law bill of rights can address. Section II provides a brief overview of the history and content of the bill of rights and IMBR Initiative. Section III describes, specifically, how making use of a soft-law bill of rights stands to improve the recognition and protection of fundamental rights that protect all migrants — and how soft law can help fill specific protection gaps.

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

    Directory of Open Access Journals (Sweden)

    Posie Aagaard

    2018-02-01

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

  4. International School of Physics Enrico Fermi : Course 190 : Frontiers in Modern Optics

    CERN Document Server

    Dudley, J; Clerici, M

    2016-01-01

    The year 2015 was designated by the United Nations General Assembly as the Year of Light and Light-based Technologies, and also marks the anniversaries of a number of significant historical events related to light. In 1015, Ibn Al-Haytham published his book of optics; in 1815, Fresnel first proposed the notion that light is actually a wave; James Clerk Maxwell then firmly established this concept with his electromagnetic theory of light propagation; and Einstein announced his discovery of the photoelectric effect, demonstrating that light is made of photons in 1905, followed in 1915 by his general theory of relativity, in which light plays a central role. This book presents lectures from the International School of Physics Enrico Fermi summer school: Frontiers in Modern Optics, held in Varenna, Italy, in June and July 2014. The school attempted to give a broad and modern overview of the field of optics in a series of lectures addressing ongoing topics of research. Subject areas include: nonlinear optics; lig...

  5. The growing interrelationship between nuclear law and environmental law

    International Nuclear Information System (INIS)

    Bourdon, Pierre

    2015-01-01

    international instruments to those same nuclear activities. This article illustrates the growing interrelationship between these two areas of law. Remarkable advances have been made over the past thirty years to take into account international environmental law principles and instruments in the field of nuclear law. Parties to international instruments dedicated to the field of nuclear activities have increasingly recognised the necessity to set high targets in relation to environmental protection. In parallel, international environmental law conventions have extended their reach to all major nuclear activities for peaceful purposes. The strong interrelationship between environmental law and nuclear law results in a complementary framework, where one body of law covers the weaknesses of the other. It can be reasonably expected that this trend will continue in the future

  6. 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

  7. Trends in the Development of International Tourism and Imperatives of Modernizing the Tourism Industry

    Directory of Open Access Journals (Sweden)

    Zeyneb Adamanova

    2015-01-01

    Full Text Available This article provides a rationale for the significance and explores the characteristics of international tourism. The author establishes that this sector of the global economy has been developing in quite a sustainable fashion, without being affected by substantial differences between various regions around the world. The author discusses groups of stimulating factors and major trends in the development of international tourism at the current stage, including major changes in the tourism product and the operation of the global market of tourism services. The article defines the imperatives of modernizing the tourism industry at the national level.

  8. 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...

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

    OpenAIRE

    Azmi, Alia

    2015-01-01

    During the first half of 2015, Indonesia executed fourteen prisoners who had been convicted of smuggling drugs to and from Indonesia. Twelve of them were foreigners. This execution led to withdrawal of the ambassador of Brazil, Netherlands, and Australia, whose citizens are among those executed. Criticism came from around the world, and small number of Indonesians. Most critics cited human rights abuse; and death penalty is against international law. However, the lack of further explanation c...

  10. The maturity of Nuclear Law

    International Nuclear Information System (INIS)

    Martinez Favini, J.A.

    1985-01-01

    The ever-increasing use of atomic energy since 1950 has generated a set of rules called for practical reasons Nuclear Law. This branch of law covers a wide scope of related activities and, specialized studies have apparently foreseen all conceivable hypotheses. The international character of Nuclear Law explains the basic harmony of international legislation. The methods of comparative Law and International Private Law as well as the joint, indepth work of scientists and jurists will bring about steady progress towards legislative unity and prompt solution to conflicts. The expectable revitalization of nuclear-electric programs early in the 21st. century will give rise to a Nuclear juridical community which can already be perceived through the maturity Nuclear Law has reached. (Author) [es

  11. 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...

  12. Law and justice in Post-Soviet Russia: Strategies of constitutional modernization

    Directory of Open Access Journals (Sweden)

    Andrei N. Medushevsky

    2012-07-01

    Full Text Available The relationships between notions of law and justice – the central argument in political debates of transition periods. The law is defined in contemporary political science as a special form of social organization which represents itself as a value, norm and fact. The complex interpretation of law as a multidimensional phenomenon is possible only if these three competing parameters are taken into consideration. Another side of the problem is the definition of justice as an ideal, norm or historical tradition. Our purpose in this article is to reconstruct on the basis of cognitive and information theory approach some basic parameters of law and justice in the process of searching solutions for fundamental problems of transitional Post-Soviet period. Among them are: the conflict of law and justice in current Russian political reality; social equality and new property relations; national identity and system of government; the form of government and the type of political regime; legitimacy and legality of political transformation; effectiveness of law. The establishment of a new constitutional order is simultaneously the result and the main premise of this transformation. At the focus of our approach is the comparison between conservative, liberal and pragmatic strategies of legal and constitutional transformation.

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

    Directory of Open Access Journals (Sweden)

    Sidorov Sergey

    2014-11-01

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

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

    Directory of Open Access Journals (Sweden)

    E de Wet

    2007-11-01

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

  15. Religious law versus secular law
    The example of the get refusal in Dutch, English and Israeli law

    Directory of Open Access Journals (Sweden)

    Matthijs de Blois

    2010-06-01

    Full Text Available The tension between religious law and secular law in modern democracies is illustrated in this article by a discussion of the different approaches to the get (a bill of divorce refusal (based on Jewish law under Dutch, English and Israeli law. These legal orders share many characteristics, but also display important differences as to the role of religion and religious law in the public realm. The Dutch system is the most secular of the three; it does not recognize a role for religious law within the secular system as such. The English legislation provides for means that to a certain extent facilitate the effectuation of a religious divorce. In Israel, finally, the law of marriage and divorce is as such governed by the religious law of the parties concerned; for the majority of the population that is Jewish law. An evaluation of the different approaches in the framework of human rights law reveals the complexities of the collision of the underlying values in terms of equality, religious freedom and minority rights, also having regard to the diversity of opinions within religious communities.

  16. 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

  17. 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...

  18. 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.

  19. 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...

  20. 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.

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

    OpenAIRE

    Torelly, Marcelo

    2016-01-01

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

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

    Science.gov (United States)

    Delany, Louise; Signal, Louise; Thomson, George

    2018-05-08

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

  3. Environmental law and nuclear law: a growing symbiosis

    International Nuclear Information System (INIS)

    Ennerechts, S.

    2008-01-01

    This article is divided in two parts. The first part deals with the interrelationship between environmental law and nuclear law. It specifically addresses selective topics which the author considers as substantial proof that environmental law is in evidence in the nuclear field. These topics are access to nuclear information, public participation in nuclear decision-making and prevention and compensation of environmental damage caused by nuclear incidents. Environmental law will be considered in its narrow sense, meaning the law that seeks to protect nature such as soil, water, air and biodiversity. The position of the author is that the importance of environmental law for nuclear activities is increasing and may lead to a growing symbiosis with nuclear law. Environmental law and nuclear law share the same objectives: protection against mitigation of and compensation for damage to the environment. In the second part a specific problem that touches upon the extra-territorial effect of environmental legislation in the nuclear field will be examined. At the beginning of the 21. century, it can be expected that vendors of nuclear facilities will spare no efforts in trying to enter new markets all over the world. Countries with more developed environmental requirements on the construction of nuclear facilities by their national vendors in customer countries. This part of the article will analyse whether public international laws to the construction of nuclear facilities abroad. The author believes that there may well be a legal basis under customary international law justifying the application of national environmental law to the construction of nuclear facilities and the performance of work on nuclear facilities in foreign countries, but there would appear to be none permitting the enforcement of these laws in the absence of an agreement with the foreign country. (N.C.)

  4. Patent Law for Computer Scientists

    Science.gov (United States)

    Closa, Daniel; Gardiner, Alex; Giemsa, Falk; Machek, Jörg

    More than five centuries ago the first patent statute was passed by the Venetian senate. It already had most of the features of modern patent law, recognizing the public interest in innovation and granting exclusive right in exchange for a full disclosure. Some 350 years later the industrial revolution led to globalisation. The wish to protect intellectual property on a more international level evolved and supranational treaties were negotiated. Patent laws are still different in many countries, however, and inventors are sometimes at a loss to understand which basic requirements should be satisfied if an invention is to be granted a patent. This is particularly true for inventions implemented on a computer. While roughly a third of all applications (and granted patents) relate, in one way or another, to a computer, applications where the innovation mainly resides in software or in a business method are treated differently by the major patent offices. The procedures at the USPTO, JPO and EPO and, in particular, the differences in the treatment of applications centring on software are briefly explained. In later sections of this book, a wealth of examples will be presented. The methodology behind the treatment of these examples is explained.

  5. THE COURT OF JUSTICE OF THE EUROPEAN UNION AND INTERNATIONAL LEGAL ORDER

    Directory of Open Access Journals (Sweden)

    TETYANA KOMAROVA

    2017-01-01

    Full Text Available The author discusses the relationship between two legal orders: international law and European Union (EU law. The main provisions of this relationship have been established through the precedential practice of the Court of Justice of the European Union – the EU’s main judicial body. This kind of research seems important because of the gap in the theory of international law caused by the immutable dogma of the supremacy of international law. However, modern legal practice demonstrates a certain fragmentation of the international legal order because of the impact of the existence and development of regional supranational legal orders. The EU legal order, with its own special nature (sui generis, is undoubtedly one of the most developed among them. The Court of Justice of the European Union performs a crucial role in the EU legal system concerning application and interpretation of EU law. It provides a uniform interpretation of this law for the purposes of development of supranational integration. In this context the Court of Justice the European Union establishes the status of European law and its relationship with the national legal systems and international law. The Court acts as protector of the EU legal order against the influence of other legal orders. The Court’s precedential practice reveals EU law’s tendency towards its constitutionalization and the development of its autonomy. The latest practice indicates the Court’s powers to review the EU institutions’ acts in relation to the implementation of UN Security Council resolutions. This proves the Court’s ability to establish indirect control even over UN acts.

  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. Global Governance: A New Paradigm for the Rule of Law

    Directory of Open Access Journals (Sweden)

    Winston P. Nagan

    2013-10-01

    Full Text Available This article seeks to appraise the Rule of Law in the context of international sovereignty and the growth of international non-governmental organizations. The article explores the meaning of the Rule of Law and suggests that it is better understood as a symbol representing the most basic values that underline our global constitutional system. When we relate the global Rule of Law to the values and the global constitutional framework, we recognize that the Rule of Law and the global constitution are better secured if their authority base can be strengthened. The obvious way this can be done is by strengthening the role of non-governmental organizations within the framework of global governance. If we see the Rule of Law as a defense and promotion of basic values, we may then pose the question about the Rule of Law as an agent of change in a novel developmental construct. Here the author notes that the dynamism of technological change will only increase in the future. But technological change will result in more use of technology and less employment. The question then is, should the benefits of technology not be shared with the workers as well? If that is true, one of the obvious benefits of technology in relation to labor is to reduce the number of hours or days that the worker has to work. Leisure time could result in an aggregate distribution of human happiness. It could evolve into an incentive to generate enhanced human co-creative activity. We could possibly even imagine a second renaissance in the impact of human imagination on society. A modern renaissance. In short, such a development could stimulate the evolution of a human rights based aesthetic.

  8. Conceptualising International Peace Mediation - Bring Back the Law

    OpenAIRE

    Higgins, Noelle; Daly, Brenda

    2011-01-01

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

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

    Science.gov (United States)

    Andorno, Roberto

    2002-01-01

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

  10. 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/

  11. The High Citadel: The Influence of Harvard Law School.

    Science.gov (United States)

    Seligman, Joel

    The history of Harvard Law School, a modern critique, and a proposed new model for American legal education are covered in this book by a Harvard Law graduate. Harvard Law School is called the "high citadel" of American legal education. Its admissions procedures, faculty selection, curriculum, teaching methods, and placement practices…

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

    International Nuclear Information System (INIS)

    Lang, W.

    1996-01-01

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

  13. LEXICAL FEATURES OF THE MODERN ENGLISH DISCOURSE OF THE LAW ENFORCEMENT SYSTEM

    Directory of Open Access Journals (Sweden)

    Teneneva Irina Vitalyevna

    2015-06-01

    Full Text Available This paper presents the results of a study of terminological units and discourse formulas which constitute the lexical basis of the discourse of the English law enforcement system. Due to the current expanding cooperation of Russian law enforcement units with their foreign partners the area addressed is of great interest to those involved in teaching foreign languages for specific purposes at law faculties and schools, yet has not received an adequate treatment to this point. The article reveals an interdisciplinary character of the law enforcement terminology, which accounts for numerous transterms used in it. The study identifies the reasons for the integration of the law enforcement terminology with other terminological systems and also names the main sources of transterms. Other highly productive methods of concept nomination in the area include syntactic and morphosyntactic term formation. This enriches the law enforcement terminology with multicomponent terms and their abbreviated and elliptical variants. The analysis of discourse formulas suggests syntactic heterogeneity of these structures, their stylistic neutrality, monosemy and semantic transparency. This layer of the law enforcement discourse is also characterized by information compression by means of abbreviations and digital encoding. The results of the research can be applied in English textbook and translation dictionary designing.

  14. LEGAL NIHILISM AS A THREAT TO RUSSIA'S MODERNIZATION (SOCIOLOGICAL ASPECT

    Directory of Open Access Journals (Sweden)

    Yu. V. Krasilnikova

    2010-01-01

    Full Text Available Nihilistic attitude to Law is discussed as one of most serious threats to modernization currently carried out in Russia. «Law nihilism» term is defined, its social forms and influence on political and social development is discussed.

  15. International Migration, US Immigration Law and Civil Society: From the Pre-Colonial Era to the 113th Congress (Edited by Leonir Mario Chiarello and Donald Kerwin, Scalabrini International Migration Network, 2014

    Directory of Open Access Journals (Sweden)

    Breana George

    2014-09-01

    Full Text Available International Migration, US Immigration Law and Civil Society: From the Pre-Colonial Era to the 113th Congress, published by the Scalabrini International Migration Network in collaboration with the Center for Migration Studies of New York, offers an overview of immigration law and policy that contextualizes the present challenges in reaching policy consensus in the immigration debate. This book review highlights the debate on executive action in relation to a chapter on the evolution of US immigration laws by Charles Wheeler and a chapter on the role of civil society in immigration policymaking by Sara Campos. 

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

    NARCIS (Netherlands)

    Honniball, A.N.

    2015-01-01

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

  17. EU Labour Law

    DEFF Research Database (Denmark)

    Nielsen, Ruth

    The focus in this book is upon EU labour law and its interaction with national and international labour law. The book provides an analysis of the framework and sources of European labour law. It covers a number of substantive topics, notably collective labour law, individual employment contracts......, discrimination on grounds of sex and on other grounds, free movement of persons, restructuring of enterprises, working environment and enforcement of rights derived from EU labour law....

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

    Directory of Open Access Journals (Sweden)

    Suzete Habitzreuter Hartke

    2016-06-01

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

  19. Modernizing the Alliance: Southeast Europe between Lisbon and Washington

    Directory of Open Access Journals (Sweden)

    Mladen Nakić

    2011-01-01

    Full Text Available The end of the Cold War opened the space for developing new relationships in the international community that are conducive to creating global partnerships. Although Article 5 remains the brand of NATO, it is necessary to modernize the relationship between the U.S. and the EU as well as with other important actors in international relations such as the UN, OSCE, Russia and China. With changed international relations through past sixty years, the North Atlantic Alliance has changed itself simultaneously over decades. The Alliance passed through different stages of its own development – from the Cold War era to attempting to create a global partnership. Acting globally, there is a need for defining the legitimate operations outside the territory of Member States under International law. In this sense, Articles 4 and 7 have a special meaning. In fact, bearing in mind the mission of “old” and traditional NATO, the Lisbon Summit represents a major step toward completion of NATO’s post-Cold War transition, but also contributes to the process of building long-lasting peace and confidence in Southeast Europe.

  20. PUBLIC ADMINISTRATION: MODERNIZING THE CURRENT MODEL OF STATE MANAGEMENT

    Directory of Open Access Journals (Sweden)

    Evgenii V. Ohotskii

    2014-01-01

    Full Text Available Applying the method of retrospective analysis the article deals with the process of forming the scientific fundamentals and the search by the international community of effective and adequate to the current stage of social development public administration system. The author attempts to analyze, in a number of cases in terms of models, features of public administration systems at different stages of historical development, drawing attention to reasons why the Soviet model of public administration did not manage to meet competition, did not provide the required social effect and as a natural result suffered a defeat in the global confrontation between the two social systems. Current models and theoretical concepts of public administration, especially the "new public administration", which became scientific basis for administrative reforms implemented in many countries, are the particular subject of scientific analysis. The author draws attention to major comprehensive characteristics of modern state public administration: making it impossible to absolutize principles of traditional hierarchy system of forced administration; globalization - gradual destruction of boundaries between national and international levels of administration, the growing role of supranational subjects of administration relations; informatization - increasing importance of information and communication technologies and of political networks: development of civil society, especially political parties and non-governmental organizations, growing public involvement in discussion and adoption of the most important administrative decisions; making the state policy more pluralistic and which will result in the formation of nonlinear - humanistic social consciousness as the intellectual basis of modern social governance. The author's position is that Russia is yet to solve the issue of choosing a public administration model that would be effective for further administrative

  1. At loggerheads or in dovetails? The individual and the State from early modern jurisprudence to contemporary international jurisprudence.

    OpenAIRE

    De Lucca, Jean-Paul; Works in Progress Seminars Series

    2012-01-01

    A Works in Progress Seminars Series lecture entitled: At Loggerheads or in dovetails? The individual and the State from early modern jurisprudence to contemporary international jurisprudence. This talk is delivered by Dr Jean Paul De Lucca.

  2. Environmental law - the question of a systematization and codification of environmental law in Austria

    International Nuclear Information System (INIS)

    Chiu Yen-Lin, A.

    2000-04-01

    In the last three decades environmental law has become an important part of jurisprudence. As a cross-section subject environmental law refers to a number of different legal subjects, making a clear distinguishing impossible. The thesis has the purpose to explain the concept of environmental law and to systematize the field of environmental law (also with regard to a general codification). Beginning with a summary of environmental law definitions and following a review of the international and national legal development there is an overall view about the sources, the various sections, the principles, the instruments and the implementing institutions of environmental law. The question of a complete codification of environmental law in a statute book is of special interest, as there are also international endeavors going in this direction. (author)

  3. 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

  4. Outlines of environmental Law

    International Nuclear Information System (INIS)

    Salzwedel, J.

    1982-01-01

    In this omnibus, ten members of the working group for environmental law attempt to present the respective fields of environmental law in a consistent context, and to show the autonomy of each subject-matter as well as their interdependence and interrelationships. In the long run, the complexity of basic facts of natural science, technology and that of practical execution will require subject-specific penetration and application. Relationships between systems have to be realized to an increasing extent. Structures of law and administration have to be harmonized, and statements on the environmental impact of projects have to be made possible on the whole. Fundamental issues of environmental law are dealt with in the chapters entitled 'Concept and levels of applications of environmental law' and 'Environmental law in general'. The international, supranational and constitutional conditions given in advance of any environmental legislation increasingly gaining in importance are presented in the chapter on 'International environmental law', 'Basics of European Law' and on 'Constitutional Fundamentals'. The necessity of interdisciplinary cooperation becomes evident in those contributions concerning individual fields of environmental law. (orig./HSCH) [de

  5. Retrospective and modern views on modernization and alternative modernization components of shinto and zen buddhism

    Directory of Open Access Journals (Sweden)

    Y. Y. Medviedieva

    2016-03-01

    Full Text Available The article is devoted to the ratio of modernization and counter modernizing key components of Japan and religions (partly introduced Christianity. The author concludes that the various components of the religious consciousness of the Japanese were kontratetycal on two main elements that form the basis of modern Western culture Japanese resistance and cause upgrade. First, science and technology, working on the basis of the laws of nature, which are opposed to the supernatural and the metaphysical world. Secondly, expressed individualism and atomism as hypertrophic respect for the human person, liberal nadzoseredzhenist to a person who undermines the consolidation of corporate social society. Japanese culture in the past was oriented toward modernization, but progress has been very slow. Moreover, in this process, Japan was much more conservative because in Japanese society regulatory institutions of the army, religion and industrial corporations can be considered a kind of constants which not only can be adapted to the modernization of Euro-American style, as suggested selection of authentic script compatible, especially with life values corporatism and solidarity. It is in this dimension of modernization projects related to Christian proselytism, as were «frustrated.» The reason for this breakdown can be considered inherence religion with social cohesion, its actual merging of social institutions, as well as hidden mahizm skepticism and religious outlook that combines Shinto, Confucian and Zen Buddhist elements. Since modernization in Christianity included the distinction darkened minds clerical era and «enlightened enlightenment» of consciousness era of modern times, it is this dichotomy allowed to oppose religious «ignorance» and scientific «enlightenment», the clergy and secular intellectuals, universities and intellectual clubs as a medium spreading the ideology of the bourgeoisie and monasteries as centers of religious clericalism

  6. Teaching Human Rights Law.

    Science.gov (United States)

    Berman, Howard R.

    1985-01-01

    The international community has developed a system of human rights law relevant to many areas of legal encounter, which American law schools have been slow to incorporate into curricula. Teaching human rights law provides an opportunity for law schools to enrich the learning process and contribute creatively to the respect for rights in society.…

  7. Human Rights in Armed Conflicts and Constitutional Law

    OpenAIRE

    Antonios Maniatis

    2017-01-01

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

  8. Punishability of transfrontier environmental offences. Also a contribution to the dogmatic aspects of hazards and on international law in the field of ecology. Strafbarkeit grenzueberschreitender Umweltbeeintraechtigungen. Zugleich ein Beitrag zur Gefaehrdungsdogmatik und zum Umweltvoelkerrecht

    Energy Technology Data Exchange (ETDEWEB)

    Martin, J.

    1989-01-01

    National environmental Acts include a great number of areas and this applies even more if there is an international component. It is not only the German international criminal law but also questions of general criminal law dogmatic and the relationship between environmental criminal law and administrative law that must be taken into account. In order to prevent inadmissible interferences with another country's sovereign rights it is necessary to harmonize the international environmental law and the international environmental criminal law. Aspects of the international civil law and the administrative law have to be considered as well. The book concludes that even abstract offences that carry the potential of endangerment also qualify as statutorily proscribed harm. The German environmental criminal law is therefore applicable even if the offence cause only a domestic danger. An action which is permissible under another country's administrative law is not punishable under some few regulations. In all other cases it is punishable unless the foreign country's Sovereign Act is recognised. This applies if the Federal Republic of Germany has to tolerate harm under international environmental law. Claims under international law to refrain from transformer pollution can often be much more extensive than commonly assumed. (orig.).

  9. THE LAW ON EDUCATION OF 2012 AND DEVELOPMENT OF EDUCATIONAL LAW IN RUSSIA

    OpenAIRE

    KOZYRIN A.N.; TROSHKINA TATYANA

    2017-01-01

    In September 2013 Russia enacted a new law on education which introduced significant changes into the system of sources for Russian educational law. This article analyses the provisions of the education law that pertain to sources of educational law in the Russian Federation, the relationship between different levels of normative and legal regulation, including: international, national (federal laws and by-laws, legal regulation of relations in education at the regional and municipal levels i...

  10. ISLÂM DAN PEREKONOMIAN ISLÂM DALAM PEMERINTAHAN MODERN

    Directory of Open Access Journals (Sweden)

    Nashar -

    2013-09-01

    Full Text Available the basic 0f Islamic ekonomy, it is actuallydifferent with the basic of Modern Economic System.Because of the view of islam for ekonomy have thecharacteristic what may be in Modern Economic System.Islam has the guidence based the Al-Qur’ an and Hadistand the guidence has the interpretation. The systemdifference between Islam versus Modern System bears aconclusion : Islamic Ekonomy continuesly and by the allaspects compleyely concerning humanism. Islam has aeconomic system having the principle of responsibilitytowards a social community, social living have ability andpopulation economic stimulation. So for the last wise isdone by government will always relate with all element ofsociety. There are some economic system is not ruled yet inthe sources of Islamic law, as the poroblems of ekonomicsystem; BUDGET, so it needs to be new Ijtihad, therefore,that system always bases on the social service and in linewith the guidence of islamic law.

  11. Corporate Law and Corporate Governance

    OpenAIRE

    Roberta Romano

    1998-01-01

    We have seen a revival in interest in corporate law and corporate governance since the 1980s, as researchers applied the tools of the new institutional economics and modern corporate finance to analyze the new transactions emerging in the 1980s takeover wave. This article focuses on three mechanisms of corporate governance to illustrate the analytical usefulness of transaction cost economics for corporate law. They are the board of directors; relational investing, a form of block ownership in...

  12. Can philosophy contribute to a change of ethos? (The road from the law of the ethos toward European law

    Directory of Open Access Journals (Sweden)

    Aranđelović Jovan T.

    2003-01-01

    Full Text Available The author examines the character of the changes taking place in contemporary Serbian society. He emphasizes at the same time that contemporary Serbian philosophy is facing these crucial questions as well, which without it cannot be even addressed, let alone solved. The key difference between modern West European and contemporary Serbian societies, seen from the perspective of philosophy, is demonstrated most clearly in the manner of constituting institutions and transforming the modern Serbian society. In the process of building modern institutions philosophy, not just in our country but throughout the Slavic East, has not had the role it played in Europe. Here lies the explanation why natural consciousness and an original ethos, though considerably modified, still remain unadapted and today represent a major obstacle to the establishment of the rule of European law. Without a change in the sense of justice and respect for the law it is impossible to accomplish the transformation of the society in which the law recognized by a democratic state could not be super ordinate to any reason. The crucial role of philosophy in this process is seen by the author not only in establishing modern European institutions and acceptance of the principle of European legislation, but above all in its influence on the transformation of the original ethos and establishment of new criteria on which the reflection, decision making and action of any individual would be based. .

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

    Science.gov (United States)

    Perry-Hazan, Lotem

    2015-01-01

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

  14. CYCLES AND CRISES: HISTORY AND MODERNITY (THE RESULTS OF THE INTERNATIONAL NOBEL ECONOMIC FORUM)

    OpenAIRE

    Borys I.KHOLOD; Anatoly O.ZADOYA

    2009-01-01

    The paper analysis the main features of crisis phenomena in the early 21st century taking into consideration the overlapping stages of different types of business cycle (short and medium terms). The authors evaluate different kinds of economic cycles from the viewpoint of both history and modernity on the basis of opinions formulated during the International Nobel Economic Forum ôWord Economy in the 21th Century: Cycles and Crisesö (held in September 2008 at Dnipropetrovsk, University of Econ...

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

    International Nuclear Information System (INIS)

    1981-06-01

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

  16. The Practice of Transnational Law

    CERN Document Server

    2000-01-01

    Contents :"The new law merchant and the global market place" by Klaus Peter Berger, "The CENTRAL enquiry on the use of transnational law in international contract law and arbitration", "The UNIDROIT principles and transnational law" by Michael Joachim Bonell, "Examples for the practical application of transnational law", "The questionnaire and results of the CENTRAL enquiry"

  17. The courts and the code. Legal osmosis between religion and law in the cultural framework of civil law systems

    Directory of Open Access Journals (Sweden)

    Antonio Fuccillo

    2017-09-01

    Full Text Available SUMMARY: 1. The value of religious law in modern (and secular states - 2. Religious rules and individual choices in Europe - 3. Religious law and the fields in which it can operate effectively - 4. The rules of religious courts in civil legal systems - 4.1 ..The direct referral to religious laws - 4.2. The pronounces of religious courts and its importance for faithful - 5. The development of Religious Arbitration Courts in Italy - 6. Does religious jurisdiction another side of religious freedom?

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

    NARCIS (Netherlands)

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

    2017-01-01

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

  19. 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.

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

    Directory of Open Access Journals (Sweden)

    Enver Buçaj

    2017-03-01

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