Journal articles on the topic 'Federal government – International law'
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1
Genord, Alexandra. "International Megan's Law as Compelled Speech." Michigan Law Review, no. 118.8 (2020): 1603. http://dx.doi.org/10.36644/mlr.118.8.international.
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“The bearer was convicted of a sex offense against a minor, and is a covered sex offender pursuant to 22 United States Code Section 212b(c)(l).” International Megan’s Law (IML), passed in 2016, prohibits the State Department from issuing passports to individuals convicted of a sex offense against a minor unless those passports are branded with this phrase. The federal government's decision to brand its citizens’ passports with this stigmatizing message is novel and jarring, but the sole federal district court to consider a constitutional challenge to the passport identifier dismissed the plaintiffs’ First Amendment claim, deeming the provision government speech. This Note argues that this passport identifier is more appropriately analyzed as a form of compelled speech, triggering strict scrutiny review that the IML’s passport identifier would not survive.
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Omiunu, Ohiocheoya, and Ifeanyichukwu Azuka Aniyie. "Sub-national Involvement in Nigeria's Foreign Relations Law: An Appraisal of the Heterodoxy between Theory and Practice." African Journal of International and Comparative Law 30, no. 2 (May 2022): 252–69. http://dx.doi.org/10.3366/ajicl.2022.0407.
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Nations, in their interaction with the international system, usually have in place a legal regime governing the external exercise of the powers of the state. This regime Curtis Bradley describes as the foreign relations law (FRL) architecture of a state. In a conventional FRL system, plenary powers for the conduct of international relations reside with the central government. For countries operating a federal system of government, the centripetal and centrifugal dynamics inherent in this system of government pose a serious challenge to this orthodoxy. More so, catalysed by globalisation, subnational governments (SNGs) in federal systems are increasingly affecting the reception and operation of international norms and acting as ‘paradiplomatic’ actors in the foreign relations sphere. This emergent trend has led to a growing body of scholarship that considers individual and comparative case studies across different jurisdictions. Focusing on Nigeria as a case study, this article evaluates recent empirical evidence that shows an increase in external interactions by Nigeria's SNGs in the FDI sector since 1999. The article argues that these external interactions by Nigeria's SNGs are a deviation from the conventional constitutional configuration of Nigeria's FRL setup wherein plenary powers for foreign relations have been allocated to the Federal Government (FG).
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Cross, Eugene D. "International Cooperation in Competition Law Enforcement." Leiden Journal of International Law 5, no. 1 (February 1992): 117–22. http://dx.doi.org/10.1017/s0922156500002028.
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On September 23,1991, an agreement was signed by the Commission of the European Communities and the United States government to promote cooperation and coordination of theircompetition law enforcement efforts. This is the fourth such bilateral agreement to which the United States is a party, and the first for the Commission. Previous US agreements are in force with Canada, the Federal Republic of Germany, and Australia.
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Rankin, Melinda. "The ‘Responsibility to Prosecute’ Core International Crimes? The Case of German Universal Jurisdiction and the Syrian Government." Global Responsibility to Protect 11, no. 4 (October 4, 2019): 394–410. http://dx.doi.org/10.1163/1875984x-01104003.
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Arguably, more than any other state or interstate actor, German federal authorities, including the German Federal Public Prosecutor General (Generalbundesanwalt, gba) and German Federal Criminal Police Office (Bundeskriminalamt), have been at the forefront of issuing arrest warrants for senior members of the Syrian government suspected of atrocity crimes in the wake of the Arab Spring. This includes German federal authorities making the first arrest of a senior member of the Syrian government in February 2019 for crimes against humanity. This article argues that in relation to core international crimes, Germany’s concept of law reflects one based on a ‘standard’ and international rule of law. Moreover, German federal authorities have demonstrated a willingness to use international humanitarian and criminal law (ichl) in relation to those most responsible for core international crimes. In this way, Germany’s current investigations into alleged crimes against humanity in Syria since 2011 provides for an illuminating case for extending universal jurisdiction, as well as the ‘responsibility to prosecute’ as a legal obligation. It also indicates how a multiplicity of actors – including state and non-state actors – can extend the reach of international criminal law, when the International Criminal Court (icc) cannot act.
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Tams, Christian J. "Die Linke v. Federal Government and Federal Parliament (Counter Daesh)." American Journal of International Law 114, no. 3 (July 2020): 463–70. http://dx.doi.org/10.1017/ajil.2020.35.
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By a September 17, 2019 Order (Order), the German Federal Constitutional Court (FCC or Court) rejected challenges to Germany's military involvement in anti-Islamic State of Iraq and Syria (ISIS) operations in Syria. This outcome was expected and was as such insignificant. What is significant is the FCC's reasoning. The Court used the Order to clarify the constitutional roles of parliament and the executive in German foreign affairs. And it included an intriguing pronouncement on the scope of Article 51 of the UN Charter, which adds a fresh perspective to the polarized debates about self-defense against nonstate actors.
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Bornheim, Jan Jakob. "Same-Sex Marriages in Canadian Private International Law." Alberta Law Review 51, no. 1 (October 1, 2013): 77. http://dx.doi.org/10.29173/alr58.
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In 2012, the Canadian federal government took a position in court that same-sex couples married in Canada were not legally married if the law of their domicile did not recognize such marriages. As a reaction to the subsequent media reports and political debate, the government introduced Bill C-32 to modify the Civil Marriages Act. This article analyzes the current treatment of same-sex marriages by foreign-domiciled spouses in Canadian private international law, criticizes the changes to the Civil Marriage Act, and replies to a recent academic commentary on the issue.
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Danilenko, Gennady M. "The New Russian Constitution and International Law." American Journal of International Law 88, no. 3 (July 1994): 451–70. http://dx.doi.org/10.2307/2203713.
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The new Russian Constitution, which was approved by a popular referendum on December 12, 1993, entered into force on December 25, 1993. From a broad political perspective, the 1993 Constitution signifies a complete departure from the Communist dictatorship and a passage to democratic government. As a new basic law for a “democratic federal legal state,” the Constitution became an important step toward the establishment of a Rechtsstaat in Russia.
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Chinnasamy, Sathiyaraj, M. Ramachandran, and Sowmiya Soundharaj. "Exploring Various International Law and Its Classification." Recent Trends in Law and Policy Making 7, no. 1 (July 1, 2022): 13–19. http://dx.doi.org/10.46632/rlpm/1/1/3.
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Law, morality and profession relate to the customs, practices and rules of conduct of a society which are recognized as regulated by the society. Enforcement of Rules by Regulatory Authority. Law is an instrument that regulates human behavior. Laws provide the framework and rules for settling disputes between individuals. Laws create a system where individuals can bring their disputes to an impartial fact finder such as a judge or arbitrator. We have laws to provide our common security. These include local, state and national laws and food safety laws. In this presentation, we will examine four primary sources of legislation at the state and federal levels. These four sources of law are the US Constitution, federal and state statutes and administrative regulations, and case law. In modern democracies, lawmaking is the task of legislatures at the local, regional and national levels, and we have laws to provide for our common security. These include local, state and national laws and food safety laws. In this presentation, we will examine four primary sources of legislation at the state and federal levels. These four sources of law are the US Constitution, federal and state statutes and administrative regulations, and case law. In modern democracies, lawmaking is the task of legislatures at the local, regional and national levels, making laws appropriate to their situation and subject to their jurisdiction. Four Kinds of Law. Corporate Law – Lawyers who examine the legal boundaries of a business. Criminal Law – Lawyers ensure that every citizen obeys the law. Energy Act – Tax on energy and attorneys approving licenses for businesses. Law provides stability and commitment in the administration of justice. The same law should be applied in all cases. If the facts are the same, there can be no difference from one case to another. Congress is the legislative branch of the federal government and makes laws for the nation. Congress has two legislative bodies or chambers: the US Senate and the US House of Representatives. Anyone elected by anyone can propose a new law. This bill is a proposal for a new law. Rules are unique, and are often adjusted as household conditions and circumstances change. Laws are passed through due process to become effective. A law begins as a bill and must go through a series of checks, balances and votes to become law. Government and private companies are liable under the law.
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Bodansky, Daniel, Nina Naske, and Georg Nolte. "“Aerial Security Law.” Case No. 1 BvR 357/05. 115 BVerfGE 118." American Journal of International Law 101, no. 2 (April 2007): 466–71. http://dx.doi.org/10.1017/s0002930000030190.
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“Aerial Security Law.” Case No. 1 BvR 357/05. 115 BVerfGE 118. Available at <http://www.bundesverfassungsgericht.de>.Bundesverfassungsgericht (Federal Constitutional Court of Germany), February 15, 2006.On February 15,2006, the Federal Constitutional Court of Germany (Bundesverfassungsgericht) held the Aerial Security Act to be unconstitutional. This act authorized the use of military force against any aircraft intended to be used for the killing of human beings, if the use of such force was the only means to avert an immediate danger. The Court based its ruling on two grounds: first, that the federal level of government had no legislative power to enact such a law, and second, that the act's authorization of military force infringed upon the guarantee of human dignity as embodied in Article 1(1) of the German Constitution, or Basic Law (Grundgesetz).On January 5, 2003, a small airplane circled over the Frankfurt banking district. For a few moments people saw themselves confronted with a terror attack, recalling 9/11 and the pictures of the burning World Trade Center. The police evacuated several buildings and two Air Force fighter jets arrived before it was established that the pilot was not a terrorist but merely a mentally confused person. A year later, in January 2004, the federal government proposed a draft federal Aerial Security Act. The government argued that the attacks of 9/11, along with the Frankfurt incident, made clear that in order to protect against such attacks, it was necessary to clarify the roles of the federal and state (Länder) governments. “This draft is meant to achieve that aim … and to establish quick and efficient mechanisms for information gathering and decision.”
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Rosman, Michael E. "Federalism and female circumcision in the US: a reply to ‘The prosecution of Dawoodi Bohra women’ by Richard Shweder." Global Discourse 12, no. 1 (February 1, 2022): 159–66. http://dx.doi.org/10.1332/204378921x16264509095737.
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In his article on ‘The prosecution of Dawoodi Bohra women’, <xref ref-type="bibr" rid="CIT0002">Richard Shweder (2022)</xref> discusses a federal criminal case in the United States that resulted from a practice that the sect calls female circumcision. Various parents and medical practitioners were indicted under a federal statute that made the practice criminal. Eventually, though, a federal district court held that Congress lacked authority – an ‘enumerated power’ under the United States Constitution – to enact such a criminal law.At first glance, the decision looked like a big victory for federalism, the division of authority between the federal government and state governments. Unfortunately, the Supreme Court’s jurisprudence in this area has left a rather gaping loophole: Congress can enact a ‘jurisdictional element’ that tries to connect the regulated activity to interstate commerce. As a consequence, unconstitutional laws can be made constitutional with seemingly cosmetic changes. That is, in fact, what happened to the law that was used to indict the Dawoodi Bohra women.This response explores whether federalism arguments can be repackaged outside of the ‘enumerated powers’ doctrine. It suggests that federalism may play a role in determining whether the government has a “compelling interest” in regulating a practice under the Religious Freedom Restoration Act. Because of federalist traditions in the United States, certain interests may be compelling for state governments, but not the federal government. If that were the case, a challenge to a federal law regulating or prohibiting ‘female circumcision’ might succeed where a similar challenge to a state law would fail.
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Осминин, Борис, and Boris Osminin. "FEDERAL STATE CLAUSE, TERRITORIAL UNITS CLAUSE AND FEDERAL RESERVATION — THE WAYS TO LIMIT INTERNATIONAL TREATY OBLIGATIONS." Journal of Foreign Legislation and Comparative Law 2, no. 4 (September 5, 2016): 0. http://dx.doi.org/10.12737/21261.
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Federal states may encounter difficulties in applying international treaties on matters constitutionally committed to their constituent units. In such cases a federal state may not be able to join the treaty without some accommodation either by its constituent units or other parties to the treaty. There are certain methods by which these problems can be reduced: federal state clauses, territorial units clauses, and federalism reservations. Some treaties may include a federal state clause to the effect that limits the scope of treaty’s obligations to those that federal state’s government has constitutional authority to assume. Another solution is to include a territorial units clause where the treaty may apply to some of a state’s constituent units but not others. Several federal states have made reservations to limit their obligations to those areas of legislative jurisdiction that the federal government has assumed. On occasion, other states have objected to such reservations. Alternatively, a federal state may issue a federal declaration to explain how federalism affects its implementation of the treaty. Unitary states tend to resist the federal state clause and the territorial units clause because they create an imbalance between rights and obligations of the contracting federal and unitary states. Although such clauses are not popular with unitary states, they do make it that much easier for federations to become parties. Such clauses are a compromise between the interest of unitary and federal states. Domestic law provides no excuse for a failure to fully implement international treaty obligations. In international law, if the constituent units fail to comply, it is the federal government that is liable for the failure to properly implement the treaty.
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Otero, Guilherme Arosa Prol, and Gabriela Spanghero Lotta. "International Migration and Federative Co-ordination in Brazil: São Paulo and Porto Alegre Case Studies between 2013 and 2016." Contexto Internacional 42, no. 2 (August 2020): 277–301. http://dx.doi.org/10.1590/s0102-8529.2019420200004.
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Abstract This article analyses the co-ordination between national and municipal governments in Brazil regarding migration policy between the years of 2013 and 2016, using the concept of policy institutional arrangements and case studies of two Brazilian cities, São Paulo and Porto Alegre. The results reveal that the City of São Paulo government has advanced considerably in the sense of institutionalisation of the subject in the municipality by decentralising skills and assuming responsibilities for its migrant population, with relative autonomy from federal government. The City of Porto Alegre government shows a less institutionalised arrangement, with little technical and financial capability, less autonomy from federal and state governments, and great emphasis on civil society participation. Finally, it is advocated that the regulation of the New Migration Law may deal with a series of problems in the current federative arrangement, constituting federative-articulated policies, with greater capacity for public policy implementation, and more active participation of subnational governments in the development of the national migration policy.
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Kochetkov, O., V. Klochkov, A. Samoylov, and N. Shandala. "Harmonization of the Russian Federation Legislation with Current International Recommendations." Medical Radiology and radiation safety 66, no. 6 (December 17, 2021): 111–15. http://dx.doi.org/10.12737/1024-6177-2021-66-6-111-115.
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Purpose: Harmonization of the Russian Federation legislation with current international recommendations
Results: The concept of the radiation safety system has been significantly modified by recommendations of ICRP (2007) and IAEA (2014). An analysis of existing international regulatory framework for radiation safety allowed to identify the main provisions to be implemented in the Russian legal and regulatory framework. It’s showed that the current Federal Law of 09.01.1996 No. 3-FZ «On Radiation Safety of Population» must be ultimately revised to be harmonized with international documents. General approaches to legal regulation of radiation safety should be essentially modified to create a strong relationship between this law and other regulatory and legal documents in force in the Russian Federation.
Conclusion: An article-by-article analysis of the current Federal Law of 09.01.1996 No. 3-FZ «On Radiation Safety of Population « showed the need to modify 22 existing articles and add 12 new articles in order to harmonize it with international documents. Given such a large volume of modification it is advisable to pass a new law with simultaneous abolition of the current federal law. A new name has been proposed: Federal Law of the Russian Federation «On Radiation Safety in the Russian Federation».
The enactment of the Federal Law of the Russian Federation «On Radiation Safety in the Russian Federation» with the main by-laws approved by the Russian Federation Government – «Radiation Safety Standards» and «Basic Rules for Ensuring Radiation Safety» – will allow to establish an actual regulatory framework for ensuring radiation safety of personnel and population in Russia.
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Schofield-Georgeson, Eugene, and Michael Rawling. "Industrial legislation in Australia in 2019." Journal of Industrial Relations 62, no. 3 (April 2, 2020): 425–45. http://dx.doi.org/10.1177/0022185620911682.
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In this 2019 electoral year, a federal Morrison Liberal Government was returned to power with little in the way of an industrial agenda. It failed to implement its key legislation, which mainly included reform to union governance and changes to religious freedom in the workplace. Meanwhile, the state governments, particularly the Victorian Andrews Labor Government, reviewed a swathe of labour law, including wage theft, industrial manslaughter, owner–driver legislation and workers' compensation laws and implemented a host of progressive changes. This year has also seen the continuation of a key policy trend, observable at both state and federal levels of government, towards regulation of aspects of industrial relations by the state that were once exclusively the province of employers and trade unions through a twentieth-century system of conciliation and arbitration.
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Recker, Sebastian. "Casenote –– Euro Rescue Package Case: The German Federal Constitutional Court Protects the Principle of Parliamentary Budget." German Law Journal 12, no. 11 (November 1, 2011): 2071–75. http://dx.doi.org/10.1017/s2071832200017715.
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In its Aid Measures for Greece and Euro Rescue Package case, the German Federal Constitutional Court affirmed the Parliament's budget authority to provide financial aid measures to the European Monetary Union. The judgment conforms to the German Federal Constitutional Court's case law concerning the transfer of sovereign power to international organizations and reaffirms that German participation in international organizations is linked to constitutive pillars of the German Basic Law. One of these pillars is the Principle of Parliamentary Budget. This principle provides that any financial aid package has to be approved by the Parliament of the Federal Republic of Germany (Bundestag) before guarantees can be given to other states by the Federal Government. In its holding, the German Federal Constitutional Court ruled that the aid measures for Greece and the euro rescue package were consistent with the Principle of Parliamentary Budget and German Basic Law.
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Robis, Leah Angela. "WHEN DOES PUBLIC INTEREST JUSTIFY GOVERNMENT INTERFERENCE AND SURVEILLANCE?" ASIA-PACIFIC JOURNAL ON HUMAN RIGHTS AND THE LAW 15, no. 1-2 (April 6, 2014): 203–18. http://dx.doi.org/10.1163/15718158-15010209.
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This article examines the 16 December 2013 opinion of the US District Court for the District of Columbia in Klayman v Obama which intimated that the objective of the PRISM project, that is, the collection of metadata, violates the right to privacy. It assesses whether this opinion finds support in US federal laws, international law and the municipal laws of Hong Kong by surveying recent developments in balancing the conflict between public interest and the right to privacy. Societal attitude towards privacy is likewise accorded weight. The article concludes with the observation that while a handful of municipal legislation contains public interest exceptions to the right to privacy, there is an increasing clamour in international law to protect such right.
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Giroud, Sandrine. "Enforcement against State Assets and Execution of ICSID Awards in Switzerland: How Swiss Courts Deal with Immunity Defences." ASA Bulletin 30, Issue 4 (January 21, 2012): 758–66. http://dx.doi.org/10.54648/asab2012068.
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Three recent decisions of the Swiss Federal Supreme Court provide welcome guidance on the enforcement of ICSID awards against State assets in Switzerland. In the first two decisions, the Swiss Federal Supreme Court reiterated the general principle that State assets entrusted to an International Organisation enjoy absolute immunity. The Court went on to find that while in the case at hand the Swiss Government could initiate arbitral proceedings against the International Organisation concerned if it considered a defence of immunity to constitute an abuse of law, the Court could not review a decision by the Swiss Government not to use its power to initiate such arbitral proceedings since this decision pertained to foreign affairs. In the third, most recent, decision, the Swiss Federal Supreme Court for the first time considered Swiss law on immunity in the context of the enforcement and execution of an ICSID award. It confirmed that ICSID awards are subject to general rules of immunity under Swiss law, and do not therefore enjoy more favourable treatment in this respect than domestic judgments against States.
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Avtonomov, A., and V. Grib. "Main Trends in the Development of Russian Law on Non-Profit Organizations." BRICS Law Journal 7, no. 3 (October 10, 2020): 81–103. http://dx.doi.org/10.21684/2412-2343-2020-7-3-81-103.
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The article is a comparative study of legal regulation on non-profits in the Russian Federation by federal law, including the Constitution, federal statutes, decrees of the President of the Russian Federation, resolutions of the Government and Constitutional Court rulings in connection with certain international legal acts dealing with the right to association, and by the law of the constituent entities of the Russian Federation. The main stages of the development of the law on non-profits both at the federal level and at the level of the constituent entities of the Russian Federation, as well as the main trends in the development of non-profit law in modern Russia, are explored.
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Panara, Carlo. "In the Name of Cooperation: The External Relations of the German Länder and Their Participation in the EU Decision-Making." European Constitutional Law Review 6, no. 1 (February 2010): 59–83. http://dx.doi.org/10.1017/s1574019610100042.
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‘Foreign relations power’ (auswärtige Gewalt) in the Federal Republic of Germany strongly centralised by the Lindau Agreement in 1957 – Although the German Länder still retain some rights to act at an international level, the Federal Government is the dominant player in the foreign relations of the state – Introduction of Länder participation in European Union law-making and policy-making; new opportunities for them to perform a role in external relations – Cooperative character of German federalism confirmed
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Burda, Mikhail A., and Ekaterina S. Shevchenko. "POLITICAL ASPECTS OF IMPLEMENTATION OF INTERNATIONAL LAW IN NATIONAL LEGISLATION OF THE UNITED STATES: FROM THEORY TO PRACTICE." RUDN Journal of Political Science 21, no. 2 (December 15, 2019): 254–67. http://dx.doi.org/10.22363/2313-1438-2019-21-2-254-267.
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One of the big-league participants in major international processes, the US government defines the current agenda of the modern world order, steers the vector of international relations development and affects the distribution of power on the global political arena. A supporter of the Non-Institutionalized Global Governance concept and the idea of Rule of Law, American administration demonstrates its own, specific understanding of the goals and course of action of modern international legislation. It seems to have its own insight on the nature and order of international organizations in regards to formulation and adoption of international law, the US role in determining the key features of global law enforcement, as well as the standards and principles of implementation of international law in the US federal legislation. Despite the recent tendency of the US government to roll back from participation in IO projects and revision of a number of agreements within the framework of interstate cooperation, the United States not only succeeds, one way or another, in guiding the trends of global political development, but also continues to have an impact on the interpretation and application of international law. The given article looks at the status of international law in the American legal system, focuses on the participation of the United States in proposition, discussion and adoption of conventions, declarations, agreements and other documents within the framework of the UN, and determines the main directions, according to which American jurisdiction implements international legal doctrines. The current research also brings a focus on specific issues, problems, relations, and contacts regulated at the international level but not implemented by the US federal legislation. The article analyzes political aspects of formulation and adoption of legal rules by American public administration, which are meant to supplement and specify the dominant principles of international sources of law.
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Mohtashami, Reza. "Recent Arbitration–related Developments in the UAE." Journal of International Arbitration 25, Issue 5 (October 1, 2008): 631–39. http://dx.doi.org/10.54648/joia2008049.
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This is an important year for arbitration in the U.A.E. following the release of draft arbitration laws by the U.A.E. federal government and by the Dubai International Financial Centre, and the establishment of a new arbitration centre located in Dubai in a joint venture between the Dubai International Financial Centre and the London Court of International Arbitration. Following an overview of these three important developments,this article assesses their likely impact for arbitration in the U.A.E. and the wider region.
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Ebobrah, Solomon, and Felix Eboibi. "Federalism and the Challenge of Applying International Human Rights Law Against Child Marriage in Africa." Journal of African Law 61, no. 3 (July 10, 2017): 333–54. http://dx.doi.org/10.1017/s0021855317000195.
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AbstractFederalism presents a dilemma for the implementation of international human rights law in those African states that operate federal constitutions. Central governments in these states enjoy international legal personality, make treaties and represent their states as parties to those treaties, yet internal legislative competence over some issues regulated by treaty is commonly shared between central and regional governments. Consequently, while central governments bear responsibility for transforming international standards into national law, challenges arise in areas such as the protection of children from child marriage, where they lack exclusive national legislative competence. How have these states managed to implement international law without violating their own constitutions? Applying a comparative approach, this article argues that African federal states have employed two main models to overcome the dilemma, neither of which has been totally effective. Drawing lessons from federal states outside Africa, the article suggests other mechanisms to perfect Africa's two main models.
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Dotto, Valentina, and Anne Richardson Oakes. "The Environment, A Bipartisan Issue?: Partisanship Polarization and Climate Change Policies in the United States." British Journal of American Legal Studies 8, no. 3 (December 1, 2019): 483–506. http://dx.doi.org/10.2478/bjals-2019-0017.
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Abstract Responding to climate change presents significant challenges on both international and domestic fronts. The current U.S. federal government disclaims a connection between climate change, and human activity, and embraces an environmental program that includes withdrawal from the Paris Climate Change Agreement at international level and retrenchment from regulation domestically. This Article comments on the rollback of Obama-era environmental regulations now taking place at federal level and locates these policies in the context of the domestic polarization and partisanship that now characterizes U.S. politics. It notes that environmental regulation divides the Republican and Democratic Parties but that the response of individual party members may be more nuanced, particularly amongst younger voters. The Article comments on state level initiatives to counteract the effects of climate change that have gathered bipartisan support but are now subject to partisan actions by the federal government designed to limit their effectiveness. The Article concludes with the observation that as the combination of an aging demographic and alignment with a declining fossil fuel industry shrinks the GOP traditional constituency, it is to be hoped that far-sighted politicians from both parties will embrace credibility on this issue as a key component of enhancing their own as well as the planet’s survival.
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Nash, Marian. "Contemporary Practice of the United States Relating to International Law." American Journal of International Law 86, no. 3 (July 1992): 547–52. http://dx.doi.org/10.2307/2203968.
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The material in this section is arranged according to the system employed in the annual Digest of United States Practice in International Law, published by the Department of State.Alan J. Kreczko, Deputy Legal Adviser of the Department of State, appeared before the Senate Committee on Foreign Relations on April 8, 1992, to testify in support of various pending treaties, among them four extradition treaties: the Extradition Treaty between the Government of the United States of America and the Government of the Commonwealth of The Bahamas, signed at Nassau on March 9, 1990; the Protocol Amending the Treaty on Extradition between the United States of America and Australia, signed on September 4, 1990, at Seoul, Republic of Korea (where the Asia-Pacific Attorneys General Conference was being held); the Supplementary Treaty to the Treaty between the United States of America and the Federal Republic of Germany concerning Extradition, signed at Washington on October 21, 1986; and the Second Supplementary Treaty on Extradition between the United States and Spain, signed at Madrid on February 9, 1988.
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Roth, Erin C. "John Peters Humphrey: Canadian Nationalist and World Government Advocate." Canadian Yearbook of international Law/Annuaire canadien de droit international 45 (2008): 305–46. http://dx.doi.org/10.1017/s0069005800009358.
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SummaryJohn Peters Humphrey is best known for drafting the United NationsUniversal Declaration of Human Rights, a role that, while significant, comprised only a brief period in Humphrey’s life. Prior to his time at the UN, Humphrey was an adamant Canadian nationalist who argued for a strong, united Canada. At the same time, he was highly critical of international organization and argued for a federal, world government. This apparent contrariness was also seen in his choice of employment. Supportive of world government, Humphrey viewed the UN as little more than a “defensive alliance.” Humphrey’s paradoxical views and actions are far more coherent than they first appear. It is possible to see in them a single, unifying trend: federalism. Federalism’s layered government structure has the ability to preserve regional differences and also to connect the individual to each layer of law. At the UN, Humphrey was able to make great strides in this direction, and today several international bodies receive complaints directly from individual complainants. In this way, Humphrey helped connect the individual with international law.
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Rawling, Michael, and Eugene Schofield-Georgeson. "Industrial legislation in Australia in 2018." Journal of Industrial Relations 61, no. 3 (May 1, 2019): 402–20. http://dx.doi.org/10.1177/0022185619834058.
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It has been a quiet year like last year for the passing of federal industrial legislation (due to a number of factors, including the political turmoil of the federal coalition government and their lack of an overall labour law reform agenda). This article examines key federal industrial legislative developments including the Modern Slavery Act 2018 (Cth). The article identifies that the federal Act contains much weaker compliance measures than the counterpart New South Wales legislation also passed in 2018 – the Modern Slavery Act 2018 (NSW). Also, although the Coalition government has attempted to continue to prosecute its case for further union governance measures, this agenda has been less successful than in previous years, with key government Bills not yet passed by the Parliament. The stagnation in the federal Parliament continues to motivate certain State Parliaments to address worker exploitation, and the article goes on to examine key State industrial legislation passed in 2018 including the Victorian labour hire licensing statute. In light of the continuing dominant position of the federal Labor opposition in opinion polls and an impending federal election in 2019, the article concludes by briefly considering the federal Labor opposition's agenda for industrial legislation.
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Kozhevnikov, Oleg A. "Local Self-Government in the Public Government System: A New Constitutional Dimension." State power and local self-government 10 (October 15, 2020): 23–26. http://dx.doi.org/10.18572/1813-1247-2020-10-23-26.
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The article analyzes certain provisions of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of March 14, 2020 No. 1-FKZ “On improving the regulation of certain issues of the organization and functioning of public power” in terms of regulatory regulation of local self-government. According to the analysis the author comes to the conclusion that with the entry into effect of the mentioned legal act the content of individual elements of the constitutional-legal bases of local self-government will change, but the nature and scope of modifications in many respects will depend on the provisions of the rules of sectoral legislation aimed at implementing the relevant provisions of the Constitution. In this regard, the Federal legislator has a huge responsibility to create an “updated” legal framework for the implementation of the constitutional foundations of local self-government, taking into account the already established law enforcement practice, the positions of the constitutional court of the Russian Federation, as well as the state's international obligations under the European Charter on local self-government.
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Khan, Muhammad, and Zakir Ullah. "The Yemen Armed Conflict in the Perspective of International Humanitarian Law." Global Legal Studies Review V, no. II (June 30, 2020): 11–23. http://dx.doi.org/10.31703/glsr.2020(v-ii).02.
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Since the Arab Spring, Yemen became the center of worst humanitarian crisis in modern history. This paper investigates the fundamental causes of the current conflict in Yemen and also explicates the legal dimension of International humanitarian law. Political marginalization, social disenfranchisement, economic collapse, the failure of the Yemeni government to address and resolve the socioeconomic frustration of ordinary citizens and corrupt leaders are few reasons which led to the brutal civil war in Yemen. This systematic failure of government and intervention of regional players for their dominance and ascendency created political uprising, violence, and institutional collapse. Thousands of civilians have died, millions of people had been displaced and millions are on the brink of starvation. Several solutions were proposed by introducing the federal system, decentralization of state's power, improving basic infrastructure, negotiations with Houthis but none of these reforms implemented properly. This paper also scrutinized the intervention of regional actors in this ferocious conflict and how regional and international actors violated International Humanitarian law.
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Davletgildeev, Rustem, Adel' Adullin, Marsel' Garaev, and Aleksey Sinnyavskiy. "Review of the International scientific-practical conference "International Law in Supporting the Processes of Regional Integration", Kazan." Advances in Law Studies 8, no. 2 (September 15, 2020): 46–50. http://dx.doi.org/10.29039/2409-5087-2020-8-2-46-50.
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The review is dedicated to the international scientific and practical conference «International law in regional integration processes implementation» held at the Faculty of Law of Kazan Federal University in autumn 2019. The conference was attended by leading international law scholars from the Moscow State University n.a. M.V. Lomonosov, Moscow State Law University n.a. O.E. Kutafin, MGIMO University, RUDN University, The Institute of Legislation and Comparative Law under the Government of the Russian Federation, High School of Economics, Nijny Novgorod State University n.a. N.I. Lobachevsky, The Ural State Law University, Yaroslavl State University, academics from universities of EAEU Member States, as well as judges of the Court of Eurasian Economic Union. During the conference, the participants considered the main problems of the theory and methodology of international law, the role of international organizations in ensuring the international law, the role of international judicial institutions, as well as theoretical problems of legal integration in international and domestic law. The authors of this publication acquaint the readers with the programme, the main contents of the participant’s presentations and the results of the conference.
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Howe, John, and Ingrid Landau. "Using Public Procurement to Promote Better Labour Standards in Australia: A Case Study of Responsive Regulatory Design." Journal of Industrial Relations 51, no. 4 (September 2009): 575–89. http://dx.doi.org/10.1177/0022185609339520.
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The former Federal Coalition Government’s industrial relations reforms restricted the capacity of state governments to make labour law, inspiring them to consider more innovative ways of regulating labour standards in the private sector including through greater use of public procurement. This article presents a case study of a program in which an Australian state government has sought to use its purchasing power to regulate labour standards in the cleaning industry. The authors assess this program against a model of responsive regulation. They suggest that there is potential to extend this model to other areas of government procurement.
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Gavrilenko, Alena Aleksandrovna. "The peculiarities of enforcement of decisions of the European Court of Human Rights: experience of Germany relevant to Russia." Международное право и международные организации / International Law and International Organizations, no. 3 (March 2019): 24–30. http://dx.doi.org/10.7256/2454-0633.2019.3.30269.
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This article is dedicated to the problem of enforcement of decisions of the European Court of Human Rights (ECHR) in the Federal Republic of Germany. The author explores the experience of West Germany in settling the conflict between the national law and international treaty – the European Convention on Human Rights. Special attention is given to the analysis of positions of the Federal Republic of Germany related to the decisions of ECHR made in regard to other countries and constituting precedents in German courts, as well as mandatory for considering in the work of government bodies. The scientific novelty is defined by focusing on the previously uncovered by the Russian legal experts combination of relevant aspects of the enforcement of decisions by ECHR in Western Germany through the prism of the realities of Russian law. Being fluent in German language, the author used the original laws and regulations of the Federal Republic of Germany, as well as scientific literature in German language. The conclusion is made that by imparting the status of general law upon the European Convention on Human Rights, Germany still relies on priority of the norms of international law over the national legislation and compliance with the decisions of ECHR. The author recommends to incorporate the German practice, according to which for preventing the instances of violating Convention in the future, the government bodies of the Federal Republic of Germany must consider the directive of ECHR not only with regards to Germany, but also foreign countries, as the practice of the European Court of Human Rights accordant to the position of the Federal Constitutional Court of Germany constituents has precedential value.
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CURRIE, JOHN H. "Maritime Boundary Delimitation in a Federal Domestic Setting: The Newfoundland and Labrador v. Nova Scotia Arbitration." Leiden Journal of International Law 17, no. 1 (March 2004): 155–70. http://dx.doi.org/10.1017/s0922156504001657.
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The author reviews an award rendered in March 2002 by a three-member arbitral tribunal established by the government of Canada in order to determine a maritime boundary between two Canadian provinces – Nova Scotia, and Newfoundland and Labrador. The tribunal's Terms of Reference required it to treat the provinces as sovereign states and to apply principles of international maritime boundary law in order to determine the boundary dividing their respective offshore entitlements as defined under domestic federal legislation. Given this reference to international law and the underlying interests at issue, the tribunal's award amounts to a classic continental shelf delimitation and makes significant contributions to the jurisprudence on international maritime boundary delimitation.
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Clayton, Cornell W. "Law, Politics and the New Federalism: State Attorneys General as National Policymakers." Review of Politics 56, no. 3 (1994): 525–53. http://dx.doi.org/10.1017/s0034670500018945.
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The activities of state attorneys general have received little scholarly attention despite their growing importance as national policymakers. This article examines how New Federalism and divided government during the past two decades has altered the political context of state legal work and how state attorneys general have responded. In addition to establishing new mechanisms for integrating state law enforcement policies, state attorneys general have assumed a more coordinated and proactive litigating posture in the federal courts. These developments have allowed states to launch effective challenges to federal law enforcement policy and to protect state regulation from federal preemption.
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Newman, Dwight, and Wendy Elizabeth Ortega Pineda. "Comparing Canadian and Colombian Approaches to the Duty to Consult Indigenous Communities on International Treaties." Constitutional Forum / Forum constitutionnel 25, no. 1 (April 14, 2016): 29. http://dx.doi.org/10.21991/c9v67f.
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In recent years, the development in Canada of a constitutional duty to consult Indigenous communities has had ramifications on government decision-making that are widespread, far-reaching, and potentially expansive. The modern duty to consult doctrine developed in a series of cases in 2004-2005, ensuring that governments have a duty to consult proactively with Aboriginal communities whose Aboriginal or treaty rights may be adversely impacted by a particular administrative decision, even in the face of uncertainty about the scope of asserted rights in the absence of a final settlement or court decision. Case law development on the duty later established that the duty is also triggered in the context of an early, strategic decision that may determine later administrative decisions. Some have put forth the argument that the duty may be triggered prior to the adoption of legislation; adjudication on that issue is currently making its way forwardthrough the courts. The Hupacasath First Nation case, recently decided at the Federal Court of Appeal, raised another question, that of whether or not consultation was owed to Aboriginal communities in the context of international treaty negotiations. Although the federal government has actually engaged in such consultation in some instances so as to avoid infringing Aboriginal and treaty rights, the case raised the complex question of whether it is constitutionally required to do so in order to comply with the duty to consult doctrine. On the particular facts of the case, the issue concerned the Canada-China foreign investment treaty, which the Hupacasath First Nation argued was apt to lead to later infringements on Aboriginal rights. Both the Federal Court and the Federal Court of Appeal rejected these arguments. Their rejection has broader implications, but we shall argue that it leaves open the possibility that the negotiation of some internationaltreaties may trigger the constitutional duty to consult, thus opening a complex nexus between constitutional and international law.
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Archer, Chase. "Forumless: Why Victims of the Uyghur Crisis Should Be Able to Vindicate Their Claims in Federal Court." Texas A&M Law Review 9, no. 3 (October 2022): 689–710. http://dx.doi.org/10.37419/lr.v9.i3.4.
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U.S. courts can serve as forums for victims of international human rights abuses to litigate claims against foreign defendants. Oftentimes, U.S. courts are the only option for foreign litigants who are unable to seek remedies in their own countries or in international courts. This Comment discusses the difficulties a victim of the Uyghur crisis would face attempting to use U.S. courts to litigate claims against the Chinese government or government officials under existing law. The purpose of this Comment is not to address any potential challenge to a claim but rather to address the claim preclusions common to foreign plaintiffs seeking to litigate international human rights claims in U.S. courts. In light of recent Supreme Court decisions limiting the ability of foreign plaintiffs to do so, this Comment argues that Congress should pass legislation authorizing Uyghur victims to use U.S. courts as forums for claims against perpetrators within the Chinese government.
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Davies, Christine. "Native Children and the Child Welfare System in Canada." Alberta Law Review 30, no. 4 (April 1, 1992): 1200. http://dx.doi.org/10.29173/alr1224.
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This article is comprised of a speech given by Professor Davies at the World Conference of the International Society on Family Law, held in 1991 in Yugoslavia. The professor leads into her discussion by reviewing the dismal statistics that face native people in Canada. The author suggests that the government's past approach, namely that of assimilation, combined with funding squabbles between the federal and provincial governments have been largely responsible for Canada's native child welfare problems. More recently, a new attitude of cooperation has emerged between the government and native leaders. The result has been increased autonomy for native people in the area of child welfare and a greater sensitivity of the government to native concerns and cultural differences. While the author contends these changes are positive, she stresses that the autonomy of the native community must not infringe on the best interests of the child.
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Suy, Eric. "NATO's Intervention in the Federal Republic of Yugoslavia." Leiden Journal of International Law 13, no. 1 (March 2000): 193–205. http://dx.doi.org/10.1017/s0922156500000133.
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At the outset of the conflict over Kosovo, the use of armed force by NATO member states has been justified to force the Government of the Federal Republic of Yugoslavia to accept and sign the Rambouillet agreement. Later on, the use of force was justified in order to prevent a major humanitarian catastrophe. But examination of the relevant Security Council resolutions and of the circumstances surrounding the Rambouillet negotiations shed a totally different light on the legal arguments advanced by proponents of NATO's intervention. Modern international law on the use of force by states, as enshrined in the UN Charter, is still at the core of inter-state relations.
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Singh, Vinai Kumar. "INTERNATIONAL TREATIES AND THE INDIAN LEGAL SYSTEM: NEW WAYS AHEAD." Italian Yearbook of International Law Online 26, no. 1 (October 11, 2017): 63–81. http://dx.doi.org/10.1163/22116133-90000158a.
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This article analyses the provisions of the Indian Constitution and federal laws, which give mandate to the Parliament and the Executive to enter into and give effect to international treaties. It will be underlined, in particular, that Indian practice is characterised by a certain ambiguity, which is ultimately caused by a lack of coordination between the Indian Legislature, Executive and Judiciary. The paper argues for a coherent and aligned approach amongst the various branches of government in relation to international law, and in particular treaty law. To this end, it will conclude by analysing the measures recently suggested by the Parliamentary Standing Committee Report, which would rectify the legal inconsistencies in Indian law related to the treatment of International Treaties.
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Eremin, S. G. "Modern system of sources of financial law in Russia." Journal of Law and Administration 17, no. 2 (July 16, 2021): 42–52. http://dx.doi.org/10.24833/2073-8420-2021-2-59-42-52.
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Introduction: the article deals with the modern system of sources of financial law in Russia. This article proves that the system of sources of financial law is a complex, multi-level, hierarchical and dynamic formation characterized by a variety and specific diversity of elements, which is not arbitrary or random.Materials and methods. The methodological basis for this research is a set of methods of scientific knowledge: the analytical method, the method of synthesis and generalization of information. The study of this problem is based on the use of various methods of general scientific and special legal nature: dogmatic analysis, interpretation of legal norms, detailed study of the features of financial and legal documents, logical method, etc.Results. The analysis showed that the development of sources of financial law in Russia at the present stage is characterized by the presence of a three-level system: federal, regional and municipal levels, and the hierarchical sequence and their interaction is determined by the Constitution of the Russian Federation. The system of sources of financial law in Russia consists of: The Constitution of the Russian Federation, international treaties and international legal norms, federal constitutional laws, federal laws, decrees of the President of the Russian Federation, orders of the Government of the Russian Federation, laws of the entities of the Russian Federation, decisions of local self-government bodies and other normative legal acts.Discussion and conclusion. As a result of the conducted research, it can be concluded that in order to systematize and logically complete the organization of the modern system of sources of financial law in Russia, it is necessary to adopt a single codified act regulating financial relations at various levels of the legal hierarchy.
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Eichensehr, Kristen E. "Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co. Ltd." American Journal of International Law 113, no. 1 (January 2019): 116–22. http://dx.doi.org/10.1017/ajil.2018.102.
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When a foreign country's law is relevant to a case in U.S. federal court and the foreign country files an official statement about the meaning of its law, how should U.S. courts treat the foreign government's representations? In Animal Science Products, Inc. v. Hebei Welcome Pharmaceuticals Co., the Supreme Court of the United States held that “[a] federal court should accord respectful consideration to a foreign government's submission, but is not bound to accord conclusive effect to the foreign government's statements.” In so doing, the Supreme Court settled a disagreement between the courts of appeals and reversed an opinion of the Second Circuit that had given conclusive effect to the Chinese government's representations about its domestic law. Animal Science Products provides important guidance to federal courts faced with increasingly frequent filings by foreign governments, but it leaves unresolved significant questions about deference to foreign sovereign amici and preserves existing debates about the nature of “respectful consideration.”
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Cheetham, Hugh J. "The Federal Government Proposals for Reform of the GATT Dispute Settlement System: Continued Momentum for a Rules-Oriented Approach to Dispute Settlement in International Trade Agreements." Revue générale de droit 22, no. 2 (March 19, 2019): 431–37. http://dx.doi.org/10.7202/1058131ar.
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In the course of a meeting held in La Malbaie (Québec, Canada) on August 5th to 7th, 1990, thirty european, north-american and african jurists and economists exchanged ideas on the evolution of international economic law. This first colloquium organised by the SDIE (Canada) in cooperation with the SDIE (France) covered historical, theorical, practical and ethical aspects of this sector of law which covers the organisation of trade and production, monetary and financial relations, international trade law, resources management and environmental protection. The present document reproduces the texts submitted by the speakers in their original language. The first two papers aim at giving a general perspective of the variables of International Economic Law. The following papers focus on specific areas of international economic law where changes are taking place.
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Ibiam, Amah Emmanuel, and Hemen Philip Faga. "INDIGENOUS PEOPLES’ RIGHTS OVER NATURAL RESOURCES: AN ANALYSIS OF HOST COMMUNITIES RIGHTS IN NIGERIA." Lampung Journal of International Law 3, no. 2 (November 1, 2021): 121–36. http://dx.doi.org/10.25041/lajil.v3i2.2402.
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The many States are engulfed in crises over natural resources in the form of claims and counterclaims over who should exercise legal authority over the resources located within the state territory. In Nigeria, the agitation over control of natural resources has led to militancy and rebellion against the federal government and multinational oil companies. The debate on who should control and manage natural oil resources in Nigeria exists at the local community level, the federating states level, and the federal government level. This paper x-rayed the varying contentions of these agitations from an international law perspective. It adopted the doctrinal method to explore international human rights instruments and other legal and non-legal sources to realize the result and arrive at persuasive conclusions. The paper concluded that although international law guarantees states’ exercise of sovereign rights over their natural resources, it safeguards the right of indigenous peoples and communities to manage the natural resources found within their ancestral lands to deepen their economic and social development. It also concluded that the Niger Delta indigenous peoples and oil-producing communities are entitled to exercise some measure of control and management of the processes of exploitation of the natural resources found within their lands. The paper calls on the Nigerian government to fast-track legal and policy reforms to resource rights to indigenous host communities of natural resources in Nigeria.
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von Block-Schlesier, Andreas. "German Red Cross in the Federal Republic of Germany: The efforts made by the German Red Cross in the Federal Republic of Germany to have the Additional Protocols ratified." International Review of the Red Cross 27, no. 258 (June 1987): 269–71. http://dx.doi.org/10.1017/s0020860400025559.
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The German Red Cross in the Federal Republic of Germany (FRG) has attached great importance to the further development of international humanitarian law since the Second World War. The outcome of the Diplomatic Conference, which in 1949 led to the four Geneva Conventions, was understandably of special interest because of the situation in an occupied postwar Germany with millions of its countrymen missing or held prisoner of war. This interest was pursued after the German Red Cross in the Federal Republic and the German Red Cross of the German Democratic Republic were newly formed in 1950 and 1959. International law experts from the National Society in the FRG, in particular Walter Bargatzgy, its former President, and Dr. Anton Schlögel, the former Secretary General, not only played a key part in promoting its development at the International Conferences of the Red Cross which preceded the 1974–77 Diplomatic Conference on the reaffirmation and the development of international humanitarian law applicable in armed conflicts but also closely followed the proceedings of that Conference and advised the Federal Republic's delegation to it. During the Diplomatic Conference, a working group composed of high-ranking officials from research and academic circles and government was formed by the National Society and still exists today. Specialists from the ICRC have regularly addressed the group.
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Haddadi, Mahdi. "Jurisdiction of Iranian Courts to Deal with Civil Lawsuits against Foreign States." International Letters of Social and Humanistic Sciences 47 (February 2015): 46–54. http://dx.doi.org/10.18052/www.scipress.com/ilshs.47.46.
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The principle of immunity of state and their property from foreign state courts is a natural consequence of the adoption of the principle of equal sovereignty of states in the International law and the international community. The principle, except with the consent of a state and outside the exceptions generally accepted in international practice, prevents domestic courts to exercise jurisdiction over a foreign state or their property. However, some countries contrary to the exceptions have taken some steps to violate the principle of state immunity through legislative and judicial measures. In this regard, the Iranian government has been the subject of numerous lawsuits in Federal courts of the United States through which it has been sentenced in absentia to pay more than $ 12 billion. "Thelaw of Jurisdiction of the Justice of the Islamic Republic of Iran to Deal with Civil Lawsuits against Foreign States" is countermeasures to deal with the government violated the immunity of the Iranian government or its officials. Regardless of the many conceptual objections on this law, the act is in place to respond to a political rival with strong political incentives and without approaching to the foundations and the concepts of immunity of the state and adopting a clear stance against it. Thus, despite the adoption of this countermeasure, unfortunately, the Iranian government lacks a coherent formulated policy on the subject of the state immunity and in particular on how to deal with the governments violated its immunity.
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Berger Richardson, Sarah, and Nadia Lambek. "Federalism and fragmentation: Addressing the possibilities of a food policy for Canada." Canadian Food Studies / La Revue canadienne des études sur l'alimentation 5, no. 3 (September 30, 2018): 28–48. http://dx.doi.org/10.15353/cfs-rcea.v5i3.281.
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Canadian federalism poses unique challenges for the development of a national food policy. Under the Constitution Act, 1867, the federal government and the provinces are granted powers to govern exclusively in certain areas and to share jurisdiction in others. Where one level of government has exclusive jurisdiction, the other level of government is not permitted to interfere. However, good food system governance requires addressing policy coherence and coordination horizontally, across sectors such as agriculture, trade, health, finance, environment, immigration, fisheries, social protection, and vertically between the federal government, the provinces, and international and transnational actors. The development of a national food policy for Canada offers an opportunity to harmonize law and policymaking, and clarify the key roles that all levels of government play in the development and governance of food systems. This will require identifying sites of conflict and overlap, but also spaces for collaboration, coordination, and innovation. A national food policy will necessarily have to work within the constraints of Canadian constitutional law, but federalism and the division of powers can be harnessed to create a more just, equitable, democratic and sustainable food system.
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Farbiarz, Michael. "Extraterritorial Criminal Jurisdiction." Michigan Law Review, no. 114.4 (2016): 507. http://dx.doi.org/10.36644/mlr.114.4.extraterritorial.
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Over and over again during the past few decades, the federal government has launched ambitious international prosecutions in the service of U.S. national security goals. These extraterritorial prosecutions of terrorists, arms traffickers, and drug lords have forced courts to grapple with a question that has long been latent in the law: What outer boundaries does the Constitution place on criminal jurisdiction? Answering this question, the federal courts have crafted a new due process jurisprudence. This Article argues that this jurisprudence is fundamentally wrong. By implicitly constitutionalizing concerns for international comity, the new due process jurisprudence usurps the popular branches’ traditional foreign relations powers. And in the name of protecting defendants’ presumed interests, the new due process jurisprudence may end up badly undermining them by incentivizing a turn to harsher, alternative national security measures—drone strikes, for example, and military detention in Guant´anamo Bay. Moreover, because of certain structural features of the international law enforcement system, U.S. courts have applied the new due process jurisprudence generally—perhaps even exclusively—in precisely that class of cases to which it should not be applied. None of this needs to be. Borrowing from choice-of-law doctrine, I argue that a coherent due process jurisprudence would focus solely on the unfairness, if any, that flows from actual conflicts between federal criminal law and the local criminal law of the place where the defendant acted. A due process jurisprudence reformulated to focus on actual conflicts protects both the liberty of criminal defendants and global public safety.
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Degefie, Belachew Girma. "Consociation as a Guarantee for the Protection of Minority Rights in Ethiopia." International Journal on Minority and Group Rights 26, no. 3 (May 14, 2019): 335–72. http://dx.doi.org/10.1163/15718115-02603004.
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The Constitution of Ethiopia takes diversity seriously as a response to the country’s history. On the other hand, the Constitution does not protect minority groups to the extent that it promised in its Preamble, as has been observed for many years. This necessitates a system that at best fosters the interests of minorities and thereby contributes to establishing a legitimate government. This article recommends that a consociational arrangement protects minorities by enabling them to exercise autonomy at the municipal level and be represented in the federal government, thereby allowing them to participate in the federal law-making process. Executive power sharing allows ethnic groups to participate in the federal executive and feel that they are part of the government. Finally, minority veto allows them to veto laws that affect their vital interests such as language rights.
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Rydberg, Åsa. "Constitutional and Institutional Developments." Leiden Journal of International Law 12, no. 4 (December 1999): 931–33. http://dx.doi.org/10.1017/s0922156599000473.
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On 23 July 1999, an Agreement on the enforcement of sentences of the International Criminal Tribunal for the former Yugoslavia (ICTY) was concluded between the United Nations and the Federal Government of Austria. The formalization of the Agreement took place during a meeting in Vienna between Judge Gabrielle Kirk McDonald, President of the ICTY, H.E. Mrs. Benita Ferrero-Waldner, State Secretary, Federal Ministry for Foreign Affairs of Austria and H.E. Mr. Nikolaus Michalek, Federal Minister for Justice of Austria. Austria is the fifth state to enter into such an Agreement.
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Azrae, Ahmad Nasyran. "REASSESSING THE ROLES OF THE YANG DI-PERTUAN AGONG AND THE RULERS IN THE MAKING OF INTERNATIONAL TREATIES." UUM Journal of Legal Studies 11 (July 31, 2020): 117–52. http://dx.doi.org/10.32890/uumjls.11.2.2020.8006.
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Malaysia continuously negotiates, signs and ratifies international treaties to foster closer relationship with its counterparts. The Federal Constitution of Malaysia provides no direct provision in granting treaty-making capacity to a specific person(s) or institution(s). However, it may be deduced from the available provisions that such power is exercisbale by the executive arm of the Federal Government. By definition, the executive includes the Yang di-Pertuan Agong, which is elected among the Malay Rulers by the Conference of Rulers. This paper reassesses the roles and functions of the Yang di-Pertuan Agong and the Rulers in the making of international treaties. The study is carried out using library based research method that assesses the provisions of the Federal Constitution, local case(s) and international conventions, in particular the Vienna Convention on the Law of Treaties 1969. The paper will delve into the available legal documents to explain the functions of the Yang di-Pertuan Agong and the Rulers under the Federal Constitution and accordingly reassess the legal position of the the Yang di-Pertuan Agong and the Rulers in the making of international treaties. The finding of this paper will show that, in practice, the Yang di-Pertuan Agong and the Rulers hve no the executive power to conclude and sign international treaties. Nonetheless, the Federal Constitution does confer certain limited powers on the Yang di-Pertuan Agong and the Rulers that may indirectly influence the making of international treaties. These roles are normally consultative in nature.
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Sutherland, Carolyn, and Joellen Riley. "Industrial Legislation in 2007." Journal of Industrial Relations 50, no. 3 (June 2008): 417–28. http://dx.doi.org/10.1177/0022185608089997.
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The Howard government's draconian Work Choices laws will soon be history. A change of government at the 2007 federal election means that Australian industrial relations legislation will continue to be a turbulent field, for some time yet. This review provides an account of the last piece of industrial legislation passed by the Howard government, to introduce a `Fairness Test' in an attempt to ameliorate public concern about the patent unfairness of some aspects of the Work Choices laws. The same Act made some changes to the way in which `prohibited content' is regulated in workplace agreements. We also provide a brief summary of some of the more significant State manoeuvres in what remains to them of the field of industrial relations law.