Academic literature on the topic 'Law (except legal practice and international law)'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the lists of relevant articles, books, theses, conference reports, and other scholarly sources on the topic 'Law (except legal practice and international law).'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Journal articles on the topic "Law (except legal practice and international law)"
1
Марку, Жерар, and Zherar Marku. "THE LAW AND LAW-MAKING IN FRANCE." Journal of Foreign Legislation and Comparative Law 1, no. 4 (October 29, 2015): 0. http://dx.doi.org/10.12737/14262.
Full textAbstract:
The article deals with the relation of the law and departmental law-making in France according on three types: the unity, “spreading”, the openness of the law-making process. The first view of the law-making in France is the unity in the framework of which the question of ensuring the unity of the European Union is developed. Particular attention is paid to the government’s management of the legislative process, the government authority to issue by-laws, the procedure of drafting legislation and decrees of general importance. The second type of realization of law-making in France — outside the Government activity law-making — “spreading”. The impact on the performance of law-making is revealed, new sources of law-making such as acts of European Union are marked, independent state bodies, local self-government. Particular attention is paid to such new phenomena as the legal normativity soft law (“soft law”, “droit souple”). Regarding the third kind of the law-making — the openness — it is noted that the process of law-making is not limited to the relationship between the Government and the Parliament, and all sectors of society and interest groups are involved in that process. It is noted that the amendment to the Constitution, adopted in 2008, resulted in a significant reform of the legislative production. When writing this article except for general scientific research methods (analysis and synthesis), the author has used the formal-logical, theoretical, systematic legal, historical and comparative law. Scientific novelty of the work lies in the comprehensive and systematic approach to the study of the relation of the law and guided-governmental lawmaking in France, which is conducted in three species. Analysis of the development of the main types of law-making in France and law inforcement practice at the present stage is of great scientific and practical importance. The research results can be taken into account in the development of proposals for the implementation in the Russian Federation of new approaches in law-making, adequate to modern socio — economic development of the country, relevant to the international-legal standards and the experience of foreign countries.
2
Hofmann, Mahulena, and Martin Faix. "Der Einfluss und die Stellung des Völkerrechts in den Verfassungssystemen einiger ost- und Mitteleuropäerfassungssystemen Einiger Ost- und Mitteleuropäischer Transformationsstaaten." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 11, no. 3 (June 26, 2017): 40. http://dx.doi.org/10.17159/1727-3781/2008/v11i3a2767.
Full textAbstract:
Some twenty years ago, the importance of international law, particularly for practical purposes, could be described as marginal in national legal orders in the socialist Central and Eastern European (CEE) Countries. The main reason for this was the dualist approach in regard to international law. Fundamental political and economic changes, such as the Velvet Revolution in Czechoslovakia, marked the end of the cold war and the beginning of a transition process. The changes in national legal orders have been accompanied by substantial modifications in the area of constitutional law, mostly resulting in the adoption of entirely new or radically modified constitutions. This is true also for the Czech Republic, Slovakia, Poland and the Russian Federation. One of the most remarkable common characteristics of the new constitutions of the CEE countries is the shift from a dualistic approach to a broad openness to international law. Despite this common feature the manifestation of this openness cannot be regarded as uniform – the methods used by states to deal with international law and to ensure the conformity of the domestic legal order with their international obligations vary. The common denominator of the constitutional orders under review is the fact that the rules of international law are considered to be a part of their national legal orders. General provisions concerning the relationship between national law and international law can be found in the Czech, Russian and Polish constitutions, but not in the Slovak constitution. The common feature of all four constitutional texts is that they take a clear position on the status of treaties, stipulating conditions (approval by parliament, promulgation, etc) under which a treaty or certain categories of treaties (eg as listed by Article 49 of the Czech Constitution) will be considered to be part of the national legal order, as well as the hierarchical status of treaties in the case of a conflict with national law. In all four countries under consideration, the rank of treaties lies between the level of the Constitution and that of ordinary parliamentary statutes. The situation is considerably different in regard to the role of customary international law: only the Russian Constitution includes not only treaties but also customary international law in the legal order. Nevertheless, Slovak, Czech and Polish constitutional provisions stipulate the commitment of the states to fulfil their obligations under international law, including customary international law. Even though legally binding, these provisions are not identical with general provisions incorporating certain categories of international law as stated above. The openness to international law is demonstrated also by the inclusion of provisions pursuant to which states can transfer certain powers to international organizations. (Such provisions were included in the constitutions of e.g. Slovakia, Poland and the Czech Republic in the context of their integration into the EU for the purpose of ensuring the direct application of Community law.) Thus, if considering the formal openness to international law, a high degree of willingness to open the domestic legal orders to international law can be discerned in the constitutional systems of the states under review. However, the extent of constitutional provisions on the relation of a particular state to international law does not necessarily strengthen its application in practice, as can be observed in the legal order of the Russian Federation. When determining the factual status of international law and its incorporation in the domestic legal orders of the CEE countries, the judicial practice of national courts is of great importance, in particular the judicial practice of constitutional courts. The question of the role of international law in the decisions of constitutional courts appears to be even more interesting because of the fact that implementation of constitutional jurisdiction belongs to one of the most important innovations of CEE transition countries after the end of the cold war. Their broad competencies in respect to international law can be seen as an additional indicator of the openness of their legal orders towards supranational legal rules. International law plays an important role not only as a subject of judicial review but also as a criterion of constitutionality applied in national procedures before the constitutional courts. The extensive jurisprudence of national constitutional courts based on international law is to a large extent characteristic of the CEE Countries. Their constitutional courts often rely on international law, especially human rights, when reviewing the constitutionality of domestic acts. This underlines the fact that general constitutional provisions on international law do not remain only a ‘dead letter.’ However, when demonstrating their openness towards international law, constitutional courts sometimes exceed the limits of their competences, as can be observed e.g. in the case of the Czech Constitutional Court. (Despite the fact that the changes introduced by the Constitution in 2001 caused it to lose the competence to use international law as a criterion for its decisions, the Court continued to base its decisions partly on international law.) Generally it can be argued that the acceptance of international law is remarkably high in the legal orders of the countries under review – in particular when taking into consideration the relatively short time which was needed not only to formally ensure the role of international law, but also to ensure its implementation in practice, most notably in the judicial practice of constitutional courts. This does not mean, however, that there are no difficulties which have to be solved in the future. The application of customary international law by national courts is an example of this. However, the opening of national legal systems of the formerly totalitarian states towards international law has undoubtedly had a positive influence on the process of their transformation towards the rule of law.
3
Dimitrijevic, Dusko. "International legal treatment of boundary disputes in the territory of former Yugoslavia." Medjunarodni problemi 55, no. 3-4 (2003): 354–73. http://dx.doi.org/10.2298/medjp0304354d.
Full textAbstract:
The Yugoslav case is central to any study of the issue of State succession in modern international law. The international response to the Yugoslav crises was largely articulated through the Arbitration Commission of the European Community and its legal opinions in relation to dissolution of SFRY. Reinforcing the principle uti possidetis, Arbitration Commission admitted its general scope in international law. The application of the principle resulted in administrative boundaries being transformed into international frontiers. The territory passes to the new States on the basis of the pre-existing administrative boundaries, regardless of the procedure by which this boundaries were established. This conclusion follows from the principle of respect for the territorial status quo which is essential for stability of the successor States. The succession to existing administrative territorial limits probably cannot extend to the every uti possidetis line between new successor States and therefore no successor State can be deprived of its inherent rights what in Yugoslav case confirms transitional function and retrospective character of principle which is necessary for final international delimitation. This international law principle could be understand only in historical context. The principle has difficult task to produce new international recognized boundaries in order to protect the independence and stability of new States. In positive international law the essence of the principle lies in confirmation of territorial status quo, except where the States concerned agree otherwise. It means that principle not able to resolve all boundary problems. It should perform possible legal title if the formal basis of consent default. In the case of succession of SFRY, a boundary line not preclude the dissentient parties from citing the contents of any ?indicia of title? because the clear legal title hasn?t existed in the former composite State. Where the administrative boundary which is being transformed into international boundaries by virtue of the principle uti possidetis cannot be identified by any legal act or subsequent State practice with regard to a particular territory the new limitrophe States must allow for the application to the other international law rules. That corresponded the principle of ?effectivit?s? which play an essential role. When particular difficulties in the application of general principle arose, the principle of equity infra legem might be possible solution. But analysed international practice has not shown any mandatory legal rules apply in the present context. Although many methods of delimitation could be used in practice. At last the exact location of a boundary line would be amicably settled by the successor States and it therefore is important to unravel the confused boundary stands in order to see the problem in correct perspective.
4
KIRKBY, COEL. "RWANDA'S GACACA COURTS: A PRELIMINARY CRITIQUE." Journal of African Law 50, no. 2 (October 2006): 94–117. http://dx.doi.org/10.1017/s0021855306000106.
Full textAbstract:
Just over a decade after the 1994 genocide, over 1,000 accused languish in Rwandan prisons. The International Criminal Tribunal for Rwanda and the nation's domestic courts have struggled to bring them to trial. In response, the Rwandan government has embarked on an experiment in mass justice: the gacaca courts. The new courts are inspired by traditional dispute resolution mechanisms. The judges are elected by popular vote in their cells to hear cases such as murder, assault and property offences. The system permits appeals (except for property crimes), though not to the domestic courts. The setting is less formal than criminal courts and promotes confessions from perpetrators and forgiveness from survivors. Coupled with this process are two related schemes for victim compensation and community service for those convicted. This article examines these courts from the perspectives of retributive and restorative justice, within the Rwandan context. In practice, the gacaca courts embody both principles, as well as their tension. The judges are lay persons, yet are engaged in complex legal adjudication. The accused have no right to legal representation, nor an appeal to the domestic courts. More importantly, survivors are marginalized by the process as the practical and political pressures on the Rwandan government have made them opt for expediency (more and faster trials) over reconciliation (survivor compensation and manifest regret by the perpetrators). The gacaca courts hold out much promise of reconciling a deeply divided society, but redressing the needs of victims must become a priority.
5
von Bogdandy, Armin, and Ingo Venzke. "Beyond Dispute: International Judicial Institutions as Lawmakers." German Law Journal 12, no. 5 (May 1, 2011): 979–1003. http://dx.doi.org/10.1017/s2071832200017193.
Full textAbstract:
The increasing number of international judicial institutions, producing an ever-growing stream of decisions, has been one of the dominant features of the international legal order of the past two decades. The shift in quantity has gone hand in hand with a transformation in quality. Today, it is no longer convincing to only think of international courts in their role of settling disputes. While this function is as relevant as ever, many international judicial institutions have developed a further role in what is often called global governance. Their decisions have effects beyond individual disputes. They exceed the confines of concrete cases and bear on the general legal structures. The practice of international adjudication creates and shifts actors' normative expectations and as such develops legal normativity. Many actors use international judicial decisions in similar ways as they do formal sources of international law. To us, this role of international adjudication beyond the individual dispute is beyond dispute.
6
Herbert, Eti Best, and Fasilat Abimbola Olalere. "What Is Economic Globalization Without Trans-boundary Migration?" Global Trade and Customs Journal 15, Issue 10 (September 1, 2020): 493–503. http://dx.doi.org/10.54648/gtcj2020088.
Full textAbstract:
The world is often regarded as a global village or borderless globe where various countries freely interconnect and interrelate towards achieving a global goal. Globalization has occasioned international cooperation amongst States through the formation of several treaties and international organizations with economic objectives. This article evaluates the law and attitude of States and International organizations towards economically motivated trans-boundary migration. Particular reference is made to World Trade Organization(WTO), European Union(EU), African Union (AU), Economic Community of West African States (ECOWAS) and North American Free Trade Association(NAFTA). Findings reveal that the legal and institutional frameworks in support of trans-boundary economic migration are very weak, thereby allowing States’ interest to prevail over the globalization objectives. State practices are geared towards placement of several obstacles, such as imposing criminal sanctions, which limits trans-boundary economic migration. This prejudice is more obvious when the trade in service is a South-North movement of labour. These challenges have led to the irresistible conclusion that economic globalization is but a political fiction yet to take root in reality. It is further contended that, the puzzle of economic globalization cannot be completely fixed, except States fully embrace, accepte and liberalize the missing piece of trans-boundary migration. Globalization, Trans-boundary migration, Economic migration, South-North movement, Trade liberalization.
7
Zakrevskaya, V. "POLITICAL MYTHS USED TO DELEGITIMISE GAMBLING IN UKRAINE." ASJ 1, no. 57 (January 31, 2022): 28–36. http://dx.doi.org/10.31618/asj.2707-9864.2021.1.57.159.
Full textAbstract:
The process of gambling market legalization in Ukraine following more than eleven years of statutory ban on the organization of all types of gambling, except for lotteries, encounters opposition from both the shadow economy and politicians and officials, who, in addition to objective reasons for their interest in this political issue, may be involved in the rent-seeking behaviour due to the existing status quo. Now that the Law of Ukraine “On State Regulation of Activities in the Organization and Conduct of Gambling” adopted in July and effective from 13 August 2020 has defined the general framework of the regulatory model equating all gambling types and obliging operators to obtain relevant licenses, the leverage over the market ended up in the hands of the National Regulator (CRGL). Therefore, the state budget began to receive revenue from the gambling market, avoiding corruption flows. That is one of the reasons the emerging gambling market faced quite serious resistance at a number of levels, from the Parliament to local governments which, lacking access to hard cash, collect reputational bonuses from the exploitation of populist slogans to ban the organization and conduct of gambling in their jurisdictions despite the specialized Law. In order to deflate such opposition, joint efforts of both the legislative (at the level of the Verkhovna Rada of Ukraine) and executive power (represented by law enforcement agencies and the Cabinet of Ministers of Ukraine), as well as industry associations uniting legal operators are needed. In turn, public policy on gambling requires significant adaptation and reform in order to come as close as possible to the country’s present-day realities, as well as increase the level of compliance with international practice. For better understanding and planning of adaptation and reform, the examination of both the market and the changes taking place therein, including sociological studies enabling more adequate public and regional policies on gambling, is required.
8
Othman, Arez Mohammed Sediq. "The Possibility of Nationalization by the Kurdistan Regional Government of Iraq under the Light of Signed Petroleum Contracts and Establishment of Kurdistan National Oil Company (KNOC)." Journal of University of Human Development 6, no. 1 (March 15, 2020): 35. http://dx.doi.org/10.21928/juhd.v6n1y2020.pp35-43.
Full textAbstract:
In the past 20 years, Kurdistan Regional Government (KRG) of Iraq has signed hundreds of Production Sharing Contracts with many international oil companies to expand investment and develop its oil sector. According to the applicable laws in the region, in particular Oil and Gas Law No.22 of 2007, government shall work to establish Kurdistan National Oil Company (KNOC) to take charge of petroleum operations. Meanwhile, according to the same law, the duration of petroleum production sharing contracts shall not exceed 20 years with the possibility of five years extension. Despite the fact that KRG is abided to many legal obligations to share the produced oil under production sharing contracts, there is always a question of whether KRG will be able to administer its oil industry and what will be the future of these oil contracts? This paper argues that KRG cannot nationalize (by appropriating the whole oil industry and assets of foreign oil companies) its petroleum sector even after the establishment of KNOC as there are many legal terms preventing it from nationalizing the oil industry besides the lack of technical ability to run the sector without the direct support from foreign oil companies. Moreover, the paper also discusses different possibilities after the end of oil contracts with foreign international companies; Does KRG continue with the current contractual form or it will shift to other forms of contract such as service contract to develop oil industry in the region? It suggests that the best practice for the government is to institutionalize its oil sector with receiving direct support from oil companies. The establishment of KNOC is considered to be an effective step towards institutionalization of oil sector in the Iraqi Kurdistan Region.
9
MAVROIDIS, PETROS C., NIALL MEAGHER, THOMAS J. PRUSA, and TATIANA YANGUAS. "Ask for the Moon, Settle for the Stars: What is a Reasonable Period to Comply with WTO Awards?" World Trade Review 16, no. 2 (March 10, 2017): 395–425. http://dx.doi.org/10.1017/s1474745616000598.
Full textAbstract:
AbstractThe World Trade Organization (WTO) dispute settlement process allows a defending Member a ‘reasonable period of time’ (RPT) to implement any findings that its contested measures are inconsistent with WTO law. If agreement on this RPT cannot be reached, Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) provides for the possibility of arbitration on the length of the RPT. The DSU provides limited guidelines on the RPT, stating only that it should not normally exceed 15 months. In practice, Arbitrators have developed the standard that the RPT should reflect the shortest possible period under the domestic legal system of the defending Member to make the changes necessary to comply with the WTO rulings. Our research confirms that in practice Arbitrators have determined this period by ‘splitting the difference’ approximately between the periods suggested by the complaining and defending Member. In addition, the process appears to reward defending Members that request an RPT that exceeds the 15-month guideline in Article 21.3(c).
10
Emery, Maria R., and Alan R. Pierce. "Interrupting the Telos: Locating Subsistence in Contemporary US Forests." Environment and Planning A: Economy and Space 37, no. 6 (June 2005): 981–93. http://dx.doi.org/10.1068/a36263.
Full textAbstract:
People continue to hunt, fish, trap, and gather for subsistence purposes in the contemporary United States. This fact has implications for forest policy, as suggested by an international convention on temperate and boreal forests, commonly known as the Montréal Process. Three canons of law provide a legal basis for subsistence activities by designated social groups in Alaska and Hawaii and by American Indians with treaty rights in the coterminous forty-eight states. A literature review also presents evidence of such practices by people from a variety of ethnic backgrounds throughout the nation. Teleological notions of development espoused by both neoliberal and Marxist scholars suggest that subsistence activities should not persist in a First World setting except as failures of the officially sanctioned economic system. However, alternative economic perspectives from peasant studies and economic geography offer a conceptual framework for viewing at least some subsistence activities as having a logic and values outside of, if articulated with, market structures. Meeting the Montréal Process goal of providing for subsistence use of forests will require research focused on local practices and terms of access to resources as well as their relationship to state and capital processes. We outline the basics of a research agenda on subsistence for an emerging First World political ecology.
Dissertations / Theses on the topic "Law (except legal practice and international law)"
1
Steiner, Hrafn. "Cyber operations, legal rules and state practice : authority and control in international humanitarian law." Thesis, Stockholms universitet, Juridiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-142944.
Full text
2
Trefethen, Amanda L. "The space between| On the emergence of an international legal practice of human rights." Thesis, University of California, Irvine, 2017. http://pqdtopen.proquest.com/#viewpdf?dispub=10246240.
Full textAbstract:
There is a lacuna in our understanding of what it is to have legal human right. While moral philosophers frequently address what it is to have a human right, qua human, and legal philosophers discuss what it is that constitutes a legal right, it is not yet clear what it is to have a legal human right distinct from these pursuits. It is generally agreed that not all human rights in the international practice are legal rights for everyone. Legal effectiveness is largely dependent on treaty ratification and domestic commitments. However, this inequality in the effectiveness of legally claimable rights poses a crucial problem for the international practice of human rights, which takes universality and the demands for equitable treatment as central aims of that practice. This dissertation aims to examine this problem and to discuss the state of the emerging legal practice of human rights. It offers a measure, through a standard of adjudicability, for recognizing when legal human rights claims have become effective. The goal is to provide clarity on how this legal practice of human rights might properly emerge in keeping with its own founding principles.
3
Heidemann, Maren. "Methodology of uniform contract law : the UNIDROIT principles in international legal doctrine and practice." Thesis, University of Nottingham, 2005. http://eprints.nottingham.ac.uk/12078/.
Full textAbstract:
Despite ever growing international trade and dispute settlement, a consistent international methodology of uniform private law has yet to be formed. This is needed in order to encourage the use of existing uniform transnational law rules specifically designed for application to international commercial contracts. This study examines uniform contract law in legal methodology and considers the barriers which exist toward it in modern nation states. It explores ways in which these barriers can be overcome and considers whether it is thereby possible to create a specific methodology of international contract law. Through exploring these three areas, this thesis intends to distinguish and analyse the main obstacles to the application of uniform contract law. The study is therefore organized into three sections, each exploring one of those methodological obstacles and providing solutions for overcoming them. Part One discusses the barriers erected by traditional theories of contract law. Part Two addresses the attitude taken by national lawyers when applying uniform law and enquires how this attitude is formed. This section also asks why this attitude provides an obstacle to the success of uniform law and considers ways in which it could be changed. Part Three, the third and final section considers the treatment of uniform contract law in the context of conflict of laws. This section also asks how seemingly opposite positions in the modern and traditional theory of private international law can be reconciled and considers the ways in which uniform contract law can be applied within a domestic law context as lex contractus. The author argues that the points of resistance identified can be tackled by developing an autonomous methodology of interpretation of transnational contract principles; and, by treating model sets of transnational contract principles as a form of lex specialis. Overall, the thesis seeks to demonstrate that the potential of the UPICC has not yet been fully recognised, and that barriers to such recognition are not insurmountable.
4
Roberts, Anthea Elizabeth. "Is International Law International?" Phd thesis, Canberra, ACT : The Australian National University, 2017. http://hdl.handle.net/1885/124611.
Full textAbstract:
International lawyers are familiar with the question:
“Is international law law?” But this thesis instead asks the
question: “Is international law international?” Using a
variety of methods, this work sheds light on some of the ways in
which international law as a transnational legal field is
constructed by international law academics, and is conceptualized
in international law textbooks, in the five permanent members of
the Security Council: the People’s Republic of China, the
French Republic, the Russian Federation, the United Kingdom of
Great Britain and Northern Ireland, and the United States of
America. It explores how different national communities of
international lawyers construct and pass on their understandings
of “international law” in ways that belie the field’s claim
to universality, perpetuating certain forms of difference and
dominance. By adopting a comparative approach, it aims to make
international lawyers more aware of the frames that shape their
own understandings of and approaches to the field, as well as how
these might be similar to or different from the frames adopted by
those coming from other states, regions or geopolitical
groupings. It also examines how some of these patterns might be
disrupted as a result of shifts in geopolitical power, such as
the movement from unipolar power toward greater multipolarity and
the growing confrontations between Western liberal democratic
states (like the United States, the United Kingdom, and France)
and non-Western authoritarian states (like China and Russia).
5
Weiß, Norman. "Ulf Häußler, Ensuring and enforcing human security : the practice of international peace missions ; legal framework, military operations, political ramifications [rezensiert von] Norman Weiß." Universität Potsdam, 2008. http://opus.kobv.de/ubp/volltexte/2009/3658/.
Full textAbstract:
Rezensiertes Werk:
Häußler, Ulf:
Ensuring and enforcing human security : the practice of international peace missions ; legal framework, military operations, political ramifications. - Nijmegen : Wolf, 2007. - X, 180 S. - (A challenge for European law : the merging of internal and external security)
ISBN: 978-90-5850-257-5
6
Batteni, Nasser. "Law and practice of international carriage of goods by sea under English and Iranian maritime law : (legal disputes arising from Charter-parties and Bills of Lading)." Thesis, Glasgow Caledonian University, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.384988.
Full text
7
Etemire, Uzuazo. "Law and practice on public access to environmental information and participation in environmental decision-making : a comparative analysis of Nigerian legal regime with international best practice." Thesis, University of Strathclyde, 2014. http://oleg.lib.strath.ac.uk:80/R/?func=dbin-jump-full&object_id=25556.
Full textAbstract:
Public participation in environmental matters is widely acknowledged as having the potential to improve environmental governance and public wellbeing significantly. Hence, the concept of public participation, in terms of public access to environmental information and decision-making processes, has been a recurring theme in international environmental law for decades, with several instruments calling on states to guarantee the concept in their laws and practices effectively. However, even though Nigeria has ratified and committed itself to many of such international regimes, the country is still widely known for its extensive and increasing environmental pollution, and their consequential harm to public wellbeing. This situation raises serious questions about the value and adequacy of Nigeria's laws and practices on public access to environmental information and decision-making processes, in terms of whether they meet international legal standards to which Nigeria aspires or is committed, as well as reasonably allow for effective public participation. In this light, this thesis assesses primarily the value and adequacy of Nigeria's laws on public participation in environmental matters (mainly, the recent 2011 Freedom of Information Act and the 1992 Environmental Impact Assessment Act) and their implementation. This assessment is largely done against the backdrop of what is considered international best practice on the subject-matter as generally reflected in UNECE's Aarhus Convention. Although Nigeria is not a party to the Aarhus Convention, it is argued that the Convention, broadly reflective of Nigeria's international environmental law commitments, is legally and politically relevant to her. This comparative analysis will reveal areas where Nigerian laws and practices align with, probably go beyond, as well as fall short of best practice. This will also enable recommendations for law-reform to be made (in consideration of relevant socio-economic and political factors in Nigeria) in order to better ensure the practical realisation of the ideals of environmental public participation and that Nigeria is in compliance with its international commitments.
8
Smets, Michael. "Doing deals in a global law firm : the reciprocity of institutions and work." Thesis, University of Oxford, 2008. http://ora.ox.ac.uk/objects/uuid:48185e10-6537-4305-8af3-8ccb27a07ebb.
Full textAbstract:
Since the early 1990s, institutional approaches to organizations have increasingly focused on explaining the role of agency in processes of institutional creation and transformation. The paradox of embedded agency, the question of how actors can become motivated and enabled to transform supposedly taken-for-granted practices, structures and norms has become the fundamental puzzle of contemporary institutional theory. Recent attempts to resolve this puzzle under the label of “institutional work” focus on practices aimed at creating, maintaining, and disrupting institutions, but portray them as planned, discrete episodes that unfold in isolation from everyday organizational or social life. Thereby, the label highlights institutionalists’ current neglect of work in its literal meaning as actors’ everyday occupational tasks and activities. The detachment of institutional work from practical work constitutes a significant blind spot in institutionalists’ understanding of agency and calls for research that examines the reciprocity of institutions and work. Drawing on illuminating constructs from theories of practice, this study extends existing field-level approaches to the paradox of embedded agency. It argues for a practice-based institutionalism that focuses on individual actors and the role of their collective micro-level praxis in constituting macro-level institutions. It re-connects institutional arguments to every-day activity rather than organizational or managerial action, unpacks the micro-practices and micro–politics by which actors negotiate institutional contradictions and demonstrates the reciprocity of institutions and work. The research addresses the detachment of institutional and practical work through a single-case study of a global law firm’s banking group. It explores what banking lawyers do when they ‘do deals’ and how their practical work may attain institutional relevance. Positioned at the intersec-tion of local laws, international financial markets, commercial and professional logics, banking lawyers operate across multiple institutional frameworks. Observations and accounts of their work provide particularly rich insights into the dynamics of institutional persistence and change, because they illustrate empirically how contradictory institutionalized concepts, practices and logics are experienced, negotiated, and constituted at work.
9
Eva, Mihalik [Verfasser], Hans-Joachim [Gutachter] Heintze, and Pierre [Gutachter] Thielbörger. "Building sustainable peace: From practice to law \(\textit de lege ferenda}\)? : Legal assessment of the concept "post-conflict peacebuilding" / Mihalik Eva ; Gutachter: Hans-Joachim Heintze, Pierre Thielbörger ; Institut für Entwicklungsforschung und Entwicklungspolitik, International Development Studies." Bochum : Ruhr-Universität Bochum, 2017. http://d-nb.info/1148752072/34.
Full text
10
Tkatova, Rima. "Approches post-soviétiques du droit international : essai sur le renouvellement de la doctrine et de la pratique internationales." Thesis, Lyon 3, 2012. http://www.theses.fr/2012LYO30067.
Full textAbstract:
Tous les etats issus du démembrement de l'urss ont dû résoudre, depuis 15 ans, une question fondamentale : celle de la définition et de l'affirmation de leur identité. ayant tous la même aspiration à la liberté, à l'autonomie productive, à l'ouverture au monde, ces pays ont commencé à réformer leurs systèmes juridiques, politiques et économiques. toutefois le droit international soviétique, spécifique, fermé dans son propre système et lié fortement à la politique extérieure de l'urss, continue à persister dans les etats post-soviétiques, malgré leur aspiration aux règles des sociétés occidentales juste après l'indépendance. ainsi, le renouvellement de la doctrine et de la pratique internationale des etats post-soviétiques se passe d'abord dans des conditions de permanence de la conception soviétique du droit international d'un côté et du désir de trouver sa place dans la communauté internationale de l'autre. cette rénovation ayant ses particularités dans chaque etat ex-soviétique, a affecté non seulement la formation de la pensée juridique et la pratique diplomatique de ces etats, mais aussi les rapports entre les droits internes et le droit international. c'est à l'époque de la fin de l'antagonisme des blocs qu'on observe l'intégration des etats issus de l'urss dans le monde de la nouvelle répartition des forces /International law is a « common language » but the vision of international law is far from being universal. It is a « multiplicity of particular national, regional, individual, institutional visions of international law. One can speak of the existence of regional American, Latin American, European, Asian, African approaches of law, but what about the geographical region of the former Union of Soviet Socialist Republics? In the XXth century one spoke about the Soviet conception of international law, which was a complex phenomenon, having its roots in the Russian legal school, combining the multiculturalism of the Russian Empire and the Soviet state and causing the division of the world into two blocks : Western and Soviet. For over twenty years that the Soviet Union no longer exists and the former Soviet states became independent and sovereign actors in the international arena. Can we therefore speak today about the existence of national approaches to international law of each state of the former USSR ? The objective of this thesis is to present the current state of doctrine and practice of the post-Soviet international law, considering the renewal of approaches of foreign policies of the post-Soviet states, and doctrinal concepts of international legal scholars. Does the post-Soviet doctrine of international law exist ? The contemporary international law is faced with challenges such as regionalization, globalization and the establishment of the rule of law in international law. Faced with these challenges, the doctrine and practice post-Soviet international law have been renewed. What approaches the post-Soviet states adopt in response to the contemporary challenges of regionalization, globalization and the establishment of the rule of law in international law?
Books on the topic "Law (except legal practice and international law)"
1
Theiselmann, Ruediger. Governance: Legal guidelines for international management practice. Houndmills, Basingstoke, Hampshire: Palgrave Macmillan, 2012.
Find full text
2
author, Bromberg Howard, ed. U.S. legal practice skills for international law students. Durham, North Carolina: Carolina Academic Press, 2014.
Find full text
3
Craig, Forcese, and Oosterveld Valerie, eds. International law: Doctrine, practice, and theory. Toronto: Irwin Law, 2007.
Find full text
4
J, Peterson M. Recognition of governments: Legal doctrine and state practice, 1815-1995. Houndmills, Basingstoke, Hampshire: Palgrave, 2002.
Find full text
5
J, Peterson M. Recognition of governments: Legal doctrine and state practice, 1815-1995. Houndmills, Basingstoke, Hampshire: Macmillan, 1997.
Find full text
6
U.S. legal reasoning, writing, and practice for international lawyers. New Providence, NJ: LexisNexis, 2014.
Find full text
7
Bond University (Gold Coast, Qld.). Faculty of Law, ed. The internationalisation of legal education: The future practice of law. Cheltenham, UK: Edward Elgar, 2014.
Find full text
8
Doherty, Oluwatoyin. Legal practice & management in Nigeria. London: Cavendish, 1998.
Find full text
9
Wilhelm, Patricia. Protection of sources: An international review of journalistic and legal practice. Fredrikstad, Norway: Norwegian Institute of Journalism, 1988.
Find full text
10
Sarooshi, Danesh. Humanitarian intervention and international humanitarian assistance: Law and practice. London: HMSO, 1994.
Find full textBook chapters on the topic "Law (except legal practice and international law)"
1
Voetelink, Joop. "Limits on the Extraterritoriality of United States Export Control and Sanctions Legislation." In NL ARMS, 187–217. The Hague: T.M.C. Asser Press, 2021. http://dx.doi.org/10.1007/978-94-6265-471-6_11.
Full textAbstract:
AbstractThe sovereignty of states is reflected in the notion of jurisdiction, empowering them to enact and enforce laws and regulations, and to adjudicate disputes in court. The jurisdiction of states and the exercise thereof is primarily territorial, limiting the exercise of state authority to their respective national territories except in specific situations. However, in an increasingly globalized and interconnected world, it would be hard to maintain that a state should be denied the right to exercise its sovereign powers beyond national borders when there are reasonable grounds for doing so. Consequently, the exercise of extraterritorial legislative jurisdiction has become more accepted, although it is limited to particular situations and circumstances. These have to do with the exercise of jurisdiction over nationals, vessels and aircraft registered in or pertaining to the legislating state, as well as certain activities aimed at undermining the state’s security or solvency or which constitute crimes under international law. However, in principle it is not allowed to regulate activities of foreign nationals or entities operating wholly outside the legislating state’s territory. One area where this has become increasingly prevalent is through the exercise of export controls over foreign nationals and legal persons. The United States (US) has long been engaged in the exercise of this type of extraterritorial jurisdiction and is, without doubt, the state that is most proactive in doing so. This chapter considers US extraterritorial claims with respect to its export control and sanctions legislation and explores the limits of this practice under public international law.
2
Cohen, Edward S. "The Theory and Practice of Transnational Legal Pluralism." In Power and Pluralism in International Law, 20–47. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003056478-3.
Full text
3
Sharma, Molshree A. "Inter-country Child Abduction—Indian Legal Response." In Private International Law South Asian States’ Practice, 199–220. Singapore: Springer Singapore, 2017. http://dx.doi.org/10.1007/978-981-10-3458-9_10.
Full text
4
Ali, Sarmad. "Inter-country Child Abduction—Pakistan’s Legal Response." In Private International Law South Asian States’ Practice, 221–41. Singapore: Springer Singapore, 2017. http://dx.doi.org/10.1007/978-981-10-3458-9_11.
Full text
5
Wijeyeskera, Rose. "Inter-country Child Abduction—Sri Lankan Legal Response." In Private International Law South Asian States’ Practice, 243–61. Singapore: Springer Singapore, 2017. http://dx.doi.org/10.1007/978-981-10-3458-9_12.
Full text
6
Gjuzi, Jola. "The Legal Status of Stabilization Clauses Under International Law: The Current Practice." In Stabilization Clauses in International Investment Law, 295–378. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-97232-9_6.
Full text
7
Shah, Prakash. "South Asian Legal Systems and Families in Foreign Courts: The British Case." In Private International Law South Asian States’ Practice, 3–18. Singapore: Springer Singapore, 2017. http://dx.doi.org/10.1007/978-981-10-3458-9_1.
Full text
8
Mariana Franca, Gouveia, and Dall‘Agnol Ana Carolina. "Part 2 Specific Issues of Arbitration in Brazil, 10 Arbitration in the Portuguese-speaking World." In International Arbitration: Law and Practice in Brazil. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198840114.003.0010.
Full textAbstract:
This chapter discusses arbitration in the Portuguese-speaking jurisdictions, except Brazil. Although they can be brought under the umbrella of a common language, Portuguese-speaking jurisdictions are a heterogeneous and diverse group of countries. Indeed, Portuguese-speaking jurisdictions are placed in diverse geographic settings and have seen very different historical developments. By the same token, practice and experience in arbitration in Portuguese-speaking jurisdictions varies drastically. While in some of these countries arbitration is still in its infancy, some have brought their domestic legislation up to date but are yet to thoroughly test it, and others have consolidated arbitration practices. However, this is not to say that Portuguese-speaking jurisdictions do not share common characteristics. Due to legal transplants that took place in the 20th century, the laws of Portuguese-speaking countries—with the exception of the laws of Brazil—are substantially inspired by pre-independence Portuguese law. In this context, the common cultural ties cultivated throughout the years have the potential to facilitate knowledge exchange and to encourage foreign investment. In some contexts, acquaintance with the Portuguese legal framework might be useful when navigating the legal and regulatory frameworks of Portuguese-speaking jurisdictions. Although the arbitration figures of Portugal, Portuguese-speaking African countries, Macao, and Timor-Leste are not as impressive as those involving Brazilian parties, arbitration in Portuguese-speaking jurisdictions is flourishing.
9
Elizabeth, Wilmshurst. "Part III Security Governance Tools, Ch.45 The Use of Force." In The Oxford Handbook of the International Law of Global Security. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198827276.003.0046.
Full textAbstract:
This chapter describes the collective security system established by the United Nations Charter and focuses on the use of force. The vision of the founders of the United Nations—‘determined to save succeeding generations from the scourge of war’—was to make the preservation of international peace a collective responsibility and to locate that responsibility in the United Nations and, in particular, the United Nations Security Council. States were obliged to refrain from the use of force in their international relations, and there would be no resort to armed force except ‘in the common interest’, as declared in the preamble to the Charter. However, contemporary security threats such as global terrorism and the proliferation of weapons of mass destruction give rise to questions about whether the law is ‘sufficient’. The chapter then outlines the international legal framework and discusses some of the difficulties in interpreting or applying aspects of the law in the context of recent challenges to the international legal order. It considers whether this legal framework is still appropriate to deal with current security threats and whether the efficacy of the law is still recognized in the practice of States.
10
Kai, Ambos. "I International Criminal Justice Institutions: From the First Ad Hoc Tribunals and Their Precedents to the ICC and Beyond." In Treatise on International Criminal Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780192844262.003.0001.
Full textAbstract:
This chapter is both an institutional and historical analysis of International Criminal Justice. Even though the International Military Tribunals in Nuremberg and Tokyo are widely perceived as the birth of International Criminal Justice, the chapter starts with historical precedents of these tribunals: for instance, the Versailles Peace Treaty (VPT) as the first international instrument providing for the prosecution of war criminals. The international Nuremberg and Tokyo tribunals are then examined in detail and from several perspectives – except the procedural perspective that is dealt with by Volume III. These tribunals laid the groundwork for subsequent Tribunals and mechanisms. Thus, the chapter proceeds with the establishment of the UN Ad Hoc Tribunals, the International Criminal Court and the more recent mixed or hybrid Tribunals. The focus of the analysis lies on the development of those tribunals, their institutional setting, and main aspects of both their legal regime and developed case law. The practice of the ICC is especially evaluated against the background of criticism regarding its alleged African focus or even bias. The last section on hybrid tribunals also takes a broader look at other investigative and accountability mechanisms.
Conference papers on the topic "Law (except legal practice and international law)"
1
إسماعيل جمعه, كويان, and محمد إسماعيل جمعه. ""Forced displacement and its consequences Khanaqin city as a model"." In Peacebuilding and Genocide Prevention. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicpgp/36.
Full textAbstract:
"Humanity has known (forced displacement) as one of the inhuman phenomena, and international law considers it a war crime, and the forcibly displaced area is subjected to various types of psychological, physical, cultural and ethnic torture. Khanaqin has been subjected to more displacement compared to the rest of Iraq's cities, and forced displacement is a systematic practice carried out by governments or armed groups intolerant towards groups that differ from them in religion, sect, nationalism, belief, politics, or race, with the aim of evacuating lands and replacing groups other population instead. Forced displacement is either direct, i.e. forcibly removing residents from their areas of residence, or indirect, such as using means of intimidation, persecution, and sometimes murder. This phenomenon varies in the causes and motives that depend on conflicts and wars, and greed, as well as dependence on cruelty in dealing and a tendency to brutality and barbarism. With regard to forced displacement in Iraq before the year 2003 AD, it was a systematic phenomenon according to a presidential law away from punishment, and it does not constitute a crime, as evidenced by the absence of any legal text referring to it in the Iraqi Penal Code, but after the year 2003 AD, criminal judgments were issued against the perpetrators of forced displacement. For the period between 17/7/1967 to 1/5/2003 CE, displacement cases were considered a terrorist crime, and consideration of them would be the jurisdiction of the Iraqi Central Criminal Court. The deportations from the city of Khanaqin were included in the forced displacement, by forcibly transferring the civilian population from the area to which they belong and reside to a second area that differs culturally and socially from the city from which they left. Al-Anbar governorate identified a new home for the displaced residents of Khanaqin, first, and then some of the southern governorates. We find other cases of forced displacement, for example, what happened to the Faili Kurds. They were expelled by a presidential decision, and the decision stated: (They were transferred to Nakra Salman, and then they were deported to Iran). These cases of deportation or displacement have led to the emergence of psychological effects on the displaced, resulting from the feeling of persecution and cultural extermination of the traditions of these people, and the obliteration of their national identity, behavior and practices. After the year 2003 AD, the so-called office for the return of property appeared, and there was a headquarters in every governorate, Except in Diyala governorate, there were two offices, the first for the entire governorate, and the second for Khanaqin district alone, and this indicates the extent of injustice, displacement, deportation, tyranny, and extermination that this city was subjected to. The crimes of forced displacement differ from one case to another according to their causes, origins, goals and causes - as we mentioned - but there are expansive reasons, so that this reason is limited to greed, behavior, cruelty, brutality and barbarism. But if these ideas are impure and adopted by extremists, then they cause calamity, inequality and discrimination, forcing the owners of the land to leave. In modern times, the crime of forced displacement has accompanied colonial campaigns to control other countries, so that displacement has become part of the customs of war, whether in conflicts external or internal. Forced displacement has been criminalized and transformed from an acceptable means of war to a means that is legally and internationally rejected by virtue of international law in the twentieth century, especially after the emergence of the United Nations charter in 1945 AD And the two Additional Protocols attached to the Geneva Conventions of 1977 AD, as well as declarations, , conventions and international conferences that included explicit legal texts criminalizing forced displacement as a universal principle of genocide. My approach in this study is a field-analytical approach, as I present official data and documents issued by the competent authorities and higher government agencies before the year 2003 AD, and indicate the coordinates and modalities of the process of displacement and deportation, as well as an interview with the families of the displaced, taking some information and how to coexist with their new imposed situation. forcibly on them."
2
Serebrennikova, Anna Valeryevna. "Criminal-law protection of fundamental rights and freedoms of man and citizen according to German law: legal framework." In VIII International Research-to-practice conference. TSNS Interaktiv Plus, 2016. http://dx.doi.org/10.21661/r-113296.
Full text
3
Boella, Guido, Llio Humphreys, Robert Muthuri, Piercarlo Rossi, and Leendert van der Torre. "A critical analysis of legal requirements engineering from the perspective of legal practice." In 2014 IEEE 7th International Workshop on Requirements Engineering and Law (RELAW). IEEE, 2014. http://dx.doi.org/10.1109/relaw.2014.6893476.
Full text
4
Kremleva, Olga K. "Legal Forms Of Financing Us Universities: Law, Practice And Social Policy." In International Scientific Conference «PERISHABLE AND ETERNAL: Mythologies and Social Technologies of Digital Civilization-2021». European Publisher, 2021. http://dx.doi.org/10.15405/epsbs.2021.12.03.114.
Full text
5
Liholaja, Valentija, and Diana Hamkova. "Application of Coercive Measures to a Legal Person: Law, Theory, Practice." In The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.21.
Full textAbstract:
The application of coercive measures to a legal person in Latvian criminal law is a relatively new institute of law, which isbecoming increasingly relevant. Although some issues of the application of coercive measures have already been addressed in legal doctrine, there still remains a great deal of uncertainty regarding this institute. The purpose of this article is to address the regulation contained in Section 701 of the Criminal Law, clarifying the content of such features as “in the interests of a legal person”, “for the benefit of a legal person” and “as a result of inadequate supervision or control”, providing an understanding of these features.
6
Trofimov, V. V. "Socialization Of Legal Norms In The Structure Of Law-Making Process." In 18th International Scientific Conference “Problems of Enterprise Development: Theory and Practice”. European Publisher, 2020. http://dx.doi.org/10.15405/epsbs.2020.04.47.
Full text
7
Stasis, Antonios, Vassiliki Dalakou, Ilias Karakatsanis, Loukia Demiri, Georgia Valatsou, and Dimitrios Sarantis. "Better access to law by codification and consolidation of legal acts." In ICEGOV 2020: 13th International Conference on Theory and Practice of Electronic Governance. New York, NY, USA: ACM, 2020. http://dx.doi.org/10.1145/3428502.3428605.
Full text
8
Zhao, Qingdong. "Labor Law Course Practice Teaching in the Mode of Legal Clinic Aid." In 2015 1st International Conference on Information Technologies in Education and Learning (ICMII 2015). Paris, France: Atlantis Press, 2016. http://dx.doi.org/10.2991/icitel-15.2016.31.
Full text
9
Grabovich, T. A. "STATE AND INDIVIDUAL RESPONSIBILITY IN INTERNATIONAL PUBLIC LAW: A CONCEPTUAL DISTINCTION." In LEGAL SCIENCE, LEGISLATION AND LAW ENFORCEMENT PRACTICE: REGULARITIES AND DEVELOPMENT TRENDS. Baltija Publishing, 2020. http://dx.doi.org/10.30525/978-9934-588-92-1-95.
Full text
10
Тарасова, Анна, and Anna Tarasova. "The practice of the ECHR in disputes about children: myths and realities." In International legal aspects of family law and protection of children's rights. Москва: INFRA-M Academic Publishing LLC., 2018. http://dx.doi.org/10.12737/2940-38-84.
Full textReports on the topic "Law (except legal practice and international law)"
1
Lewis, Dustin, and Naz Modirzadeh. Taking into Account the Potential Effects of Counterterrorism Measures on Humanitarian and Medical Activities: Elements of an Analytical Framework for States Grounded in Respect for International Law. Harvard Law School Program on International Law and Armed Conflict, May 2021. http://dx.doi.org/10.54813/qbot8406.
Full textAbstract:
For at least a decade, States, humanitarian bodies, and civil-society actors have raised concerns about how certain counterterrorism measures can prevent or impede humanitarian and medical activities in armed conflicts. In 2019, the issue drew the attention of the world’s preeminent body charged with maintaining or restoring international peace and security: the United Nations Security Council. In two resolutions — Resolution 2462 (2019) and Resolution 2482 (2019) — adopted that year, the Security Council urged States to take into account the potential effects of certain counterterrorism measures on exclusively humanitarian activities, including medical activities, that are carried out by impartial humanitarian actors in a manner consistent with international humanitarian law (IHL). By implicitly recognizing that measures adopted to achieve one policy objective (countering terrorism) can impair or prevent another policy objective (safeguarding humanitarian and medical activities), the Security Council elevated taking into account the potential effects of certain counterterrorism measures on exclusively humanitarian activities to an issue implicating international peace and security. In this legal briefing, we aim to support the development of an analytical framework through which a State may seek to devise and administer a system to take into account the potential effects of counterterrorism measures on humanitarian and medical activities. Our primary intended audience includes the people involved in creating or administering a “take into account” system and in developing relevant laws and policies. Our analysis zooms in on Resolution 2462 (2019) and Resolution 2482 (2019) and focuses on grounding the framework in respect for international law, notably the U.N. Charter and IHL. In section 1, we introduce the impetus, objectives, and structure of the briefing. In our view, a thorough legal analysis of the relevant resolutions in their wider context is a crucial element to laying the conditions conducive to the development and administration of an effective “take into account” system. Further, the stakes and timeliness of the issue, the Security Council’s implicit recognition of a potential tension between measures adopted to achieve different policy objectives, and the relatively scant salient direct practice and scholarship on elements pertinent to “take into account” systems also compelled us to engage in original legal analysis, with a focus on public international law and IHL. In section 2, as a primer for readers unfamiliar with the core issues, we briefly outline humanitarian and medical activities and counterterrorism measures. Then we highlight a range of possible effects of the latter on the former. Concerning armed conflict, humanitarian activities aim primarily to provide relief to and protection for people affected by the conflict whose needs are unmet, whereas medical activities aim primarily to provide care for wounded and sick persons, including the enemy. Meanwhile, for at least several decades, States have sought to prevent and suppress acts of terrorism and punish those who commit, attempt to commit, or otherwise support acts of terrorism. Under the rubric of countering terrorism, States have taken an increasingly broad and diverse array of actions at the global, regional, and national levels. A growing body of qualitative and quantitative evidence documents how certain measures designed and applied to counter terrorism can impede or prevent humanitarian and medical activities in armed conflicts. In a nutshell, counterterrorism measures may lead to diminished or complete lack of access by humanitarian and medical actors to the persons affected by an armed conflict that is also characterized as a counterterrorism context, or those measures may adversely affect the scope, amount, or quality of humanitarian and medical services provided to such persons. The diverse array of detrimental effects of certain counterterrorism measures on humanitarian and medical activities may be grouped into several cross-cutting categories, including operational, financial, security, legal, and reputational effects. In section 3, we explain some of the key legal aspects of humanitarian and medical activities and counterterrorism measures. States have developed IHL as the primary body of international law applicable to acts and omissions connected with an armed conflict. IHL lays down several rights and obligations relating to a broad spectrum of humanitarian and medical activities pertaining to armed conflicts. A violation of an applicable IHL provision related to humanitarian or medical activities may engage the international legal responsibility of a State or an individual. Meanwhile, at the international level, there is no single, comprehensive body of counterterrorism laws. However, States have developed a collection of treaties to pursue specific anti-terrorism objectives. Further, for its part, the Security Council has assumed an increasingly prominent role in countering terrorism, including by adopting decisions that U.N. Member States must accept and carry out under the U.N. Charter. Some counterterrorism measures are designed and applied in a manner that implicitly or expressly “carves out” particular safeguards — typically in the form of limited exceptions or exemptions — for certain humanitarian or medical activities or actors. Yet most counterterrorism measures do not include such safeguards. In section 4, which constitutes the bulk of our original legal analysis, we closely evaluate the two resolutions in which the Security Council urged States to take into account the effects of (certain) counterterrorism measures on humanitarian and medical activities. We set the stage by summarizing some aspects of the legal relations between Security Council acts and IHL provisions pertaining to humanitarian and medical activities. We then analyze the status, consequences, and content of several substantive elements of the resolutions and what they may entail for States seeking to counter terrorism and safeguard humanitarian and medical activities. Among the elements that we evaluate are: the Security Council’s new notion of a prohibited financial “benefit” for terrorists as it may relate to humanitarian and medical activities; the Council’s demand that States comply with IHL obligations while countering terrorism; and the constituent parts of the Council’s notion of a “take into account” system. In section 5, we set out some potential elements of an analytical framework through which a State may seek to develop and administer its “take into account” system in line with Resolution 2462 (2019) and Resolution 2482 (2019). In terms of its object and purpose, a “take into account” system may aim to secure respect for international law, notably the U.N. Charter and IHL pertaining to humanitarian and medical activities. In addition, the system may seek to safeguard humanitarian and medical activities in armed conflicts that also qualify as counterterrorism contexts. We also identify two sets of preconditions arguably necessary for a State to anticipate and address relevant potential effects through the development and execution of its “take into account” system. Finally, we suggest three sets of attributes that a “take into account” system may need to embody to achieve its aims: utilizing a State-wide approach, focusing on potential effects, and including default principles and rules to help guide implementation. In section 6, we briefly conclude. In our view, jointly pursuing the policy objectives of countering terrorism and safeguarding humanitarian and medical activities presents several opportunities, challenges, and complexities. International law does not necessarily provide ready-made answers to all of the difficult questions in this area. Yet devising and executing a “take into account” system provides a State significant opportunities to safeguard humanitarian and medical activities and counter terrorism while securing greater respect for international law.
2
Milican, Juliet. Mapping Best Practice Guidelines in working with Civil Society Organisations. Institute of Development Studies, April 2022. http://dx.doi.org/10.19088/k4d.2022.092.
Full textAbstract:
This report sets out to map the different guidance documents available on how to work most effectively with civil society in the delivery of international aid in ways that deepen democracy and advance the rights of marginalised or excluded groups. It includes a review of guidelines published by other key international development funders and implementors written for their own teams, an overview of guidance provided for DAC members within OECD countries and policy papers on cooperation between the state and CSOs. It looks primarily at documents produced in the last ten years, between 2011 and 2021 and includes those related to cooperation on specific issues (such as drugs policy or human rights, as well as those that deal with specific countries or regions (such as Europe or the MENA region). The majority of documents identified are written by government aid departments (eg USAID, Norad) but there are one or two produced by umbrella civil society organisations (such as Bond) or international legal think tanks (such as ICNL, the International Centre for Not for Profit Law). There was a remarkable consistency between the issues Millican addressed in the different documents although their size and length varied between outline guidance on 2 – 3 pages and a comprehensive (62 page) overview that included definitions of civil society, range of organisations, reasons for collaborating, mechanisms for financing, monitoring and ensuring accountability and challenges in and guidance on the ways in which donors might work with CSOs.
3
Jones, Nicole S. 2018 Impression, Pattern and Trace Evidence Symposium. RTI Press, May 2018. http://dx.doi.org/10.3768/rtipress.2018.cp.0006.1805.
Full textAbstract:
From January 22 to 25, 2018, RTI International, the National Institute of Justice (NIJ) and the Forensic Technology Center of Excellence (FTCoE) held the 2018 Impression, Pattern and Trace Evidence Symposium (IPTES) in Arlington, VA, to promote collaboration, enhance knowledge transfer, and share best practices and policies for the impression, pattern, and trace evidence forensic science communities. NIJ and FTCoE are committed to improving the practice of forensic science and strengthening its impact through support of research and development, rigorous technology evaluation and adoption, effective knowledge transfer and education, and comprehensive dissemination of best practices and guidelines to agencies dedicated to combating crime. The future of forensic sciences and its contribution to the public and criminal justice community is a motivating topic to gather expertise in a forum to discuss, learn, and share ideas. It’s about becoming part of an essential and historic movement as the forensic sciences continue to advance. The IPTES was specifically designed to bring together practitioners and researchers to enhance information-sharing and promote collaboration among the impression, pattern, and trace evidence analysts, law enforcement, and legal communities. The IPTES was designed to bring together practitioners and researchers to enhance information sharing and promote collaboration among impression, pattern, and trace evidence analysts, law enforcement, and legal communities. This set of proceedings comprises abstracts from workshops, general sessions, breakout sessions, and poster presentations.
4
Michel, Bob, and Tatiana Falcão. Taxing Profits from International Maritime Shipping in Africa: Past, Present and Future of UN Model Article 8 (Alternative B). Institute of Development Studies (IDS), November 2021. http://dx.doi.org/10.19088/ictd.2021.023.
Full textAbstract:
International maritime shipping is an essential part of global business. Since the establishment of the current international tax regime in the 1920s, there has been a consensus that profits generated by this business are taxable only in the residence state –the state where the shipowners are located. Source states – the port states where business physically takes place – are generally expected to exempt income from international shipping. This standard is currently reflected in Article 8 of the OECD Model and Article 8 (Alternative A) of the UN Model, and is incorporated in the vast majority of bilateral tax treaties currently in force. Exclusive residence state taxation of shipping profits is problematic when the size of mercantile fleets and shipping flows between two states are of unequal size. This is often the case in relations between a developed and developing country. The latter often lack a substantial domestic mercantile fleet, but serve as an important revenue-generating port state for the fleet of the developed country. To come to a more balanced allocation of taxing rights in such a case, a source taxation alternative has been inserted in UN Model Article 8 (Alternative B). From its inception, Article 8B has been labelled impractical due to the lack of guidance on core issues, like sourcing rules and profit allocation. This gap is said to explain the low adoption rate of Article 8B in global tax treaty practice. In reality, tax treaty practice regarding Article 8B is heavily concentrated and flourishing in a handful of countries in South/South-East Asia – Bangladesh, India, Indonesia, Myanmar, Pakistan, the Philippines, Sri Lanka and Thailand. All these countries subject non-resident shipping income to tax in their domestic income tax laws. Except for India, all countries are able to exercise these domestic tax law rules in relation to shipping enterprises located in the biggest shipowner states, either because they have a treaty in place that provides for source taxation or because there is no treaty at all and thus no restriction of domestic law. None of the relevant tax treaties contain a provision that incorporates the exact wording of Article 8B of the UN Model. If other countries, like coastal countries in sub-Saharan Africa, are looking to implement source taxation of maritime shipping income in the future, they are advised to draw on the South/South-East Asian experience. Best practice can be distilled regarding sourcing rule, source tax limitation, profit attribution and method of taxation (on gross or net basis). In addition to technical guidance on tax, the South/South-East Asian experience also provides important general policy considerations countries should take into account when determining whether source taxation of maritime shipping profits is an appropriate target for their future tax treaty negotiations.
5
Lewis, Dustin, ed. Database of States’ Statements (August 2011–October 2016) concerning Use of Force in relation to Syria. Harvard Law School Program on International Law and Armed Conflict, May 2017. http://dx.doi.org/10.54813/ekmb4241.
Full textAbstract:
Many see armed conflict in Syria as a flashpoint for international law. The situation raises numerous unsettling questions, not least concerning normative foundations of the contemporary collective-security and human-security systems, including the following: Amid recurring reports of attacks directed against civilian populations and hospitals with seeming impunity, what loss of legitimacy might law suffer? May—and should—states forcibly intervene to prevent (more) chemical-weapons attacks? If the government of Syria is considered unwilling or unable to obviate terrorist threats from spilling over its borders into other countries, may another state forcibly intervene to protect itself (and others), even without Syria’s consent and without an express authorization of the U.N. Security Council? What began in Daraa in 2011 as protests escalated into armed conflict. Today, armed conflict in Syria implicates a multitude of people, organizations, states, and entities. Some are obvious, such as the civilian population, the government, and organized armed groups (including designated terrorist organizations, for example the Islamic State of Iraq and Syria, or ISIS). Other implicated actors might be less obvious. They include dozens of third states that have intervened or otherwise acted in relation to armed conflict in Syria; numerous intergovernmental bodies; diverse domestic, foreign, and international courts; and seemingly innumerable NGOs. Over time, different states have adopted wide-ranging and diverse approaches to undertaking measures (or not) concerning armed conflict in Syria, whether in relation to the government, one or more armed opposition groups, or the civilian population. Especially since mid-2014, a growing number of states have undertaken military operations directed against ISIS in Syria. For at least a year-and-a-half, Russia has bolstered military strategies of the Syrian government. At least one state (the United States) has directed an operation against a Syrian military base. And, more broadly, many states provide (other) forms of support or assistance to the government of Syria, to armed opposition groups, or to the civilian population. Against that backdrop, the Harvard Law School Program on International Law and Armed Conflict (HLS PILAC) set out to collect states’ statements made from August 2011 through November 2016 concerning use of force in relation to Syria. A primary aim of the database is to provide a comparatively broad set of reliable resources regarding states’ perspectives, with a focus on legal parameters. A premise underlying the database is that through careful documentation of diverse approaches, we can better understand those perspectives. The intended audience of the database is legal practitioners. The database is composed of statements made on behalf of states and/or by state officials. For the most part, the database focuses on statements regarding legal parameters concerning use of force in relation to Syria. HLS PILAC does not pass judgment on whether each statement is necessarily legally salient for purposes of international law. Nor does HLS PILAC seek to determine whether a particular statement may be understood as an expression of opinio juris or an act of state practice (though it might be).
6
Lewis, Dustin, Radhika Kapoor, and Naz Modirzadeh. Advancing Humanitarian Commitments in Connection with Countering Terrorism: Exploring a Foundational Reframing concerning the Security Council. Harvard Law School Program on International Law and Armed Conflict, December 2021. http://dx.doi.org/10.54813/uzav2714.
Full textAbstract:
The imperative to provide humanitarian and medical services on an urgent basis in armed conflicts is anchored in moral tenets, shared values, and international rules. States spend tens of billions of dollars each year to help implement humanitarian programs in conflicts across the world. Yet, in practice, counterterrorism objectives increasingly prevail over humanitarian concerns, often resulting in devastating effects for civilian populations in need of aid and protection in war. Not least, confusion and misapprehensions about the power and authority of States relative to the United Nations Security Council to set policy preferences and configure legal obligations contribute significantly to this trajectory. In this guide for States, we present a framework to reconfigure relations between these core commitments by assessing the counterterrorism architecture through the lens of impartial humanitarianism. We aim in particular to provide an evidence base and analytical frame for States to better grasp key legal and policy issues related to upholding respect for principled humanitarian action in connection with carrying out the Security Council’s counterterrorism decisions. We do so because the lack of knowledge regarding interpretation and implementation of counterterrorism resolutions matters for the coherence, integrity, and comprehensiveness of humanitarian policymaking and protection of the humanitarian imperative. In addition to analyzing foundational concerns and evaluating discernible behaviors and attitudes, we identify avenues that States may take to help achieve pro-humanitarian objectives. We also endeavor to help disseminate indications of, and catalyze, States’ legally relevant positions and practices on these issues. In section 1, we introduce the guide’s impetus, objectives, target audience, and structure. We also describe the methods that we relied on and articulate definitions for key terms. In section 2, we introduce key legal actors, sources of law, and the notion of international legal responsibility, as well as the relations between international and national law. Notably, Security Council resolutions require incorporation into national law in order to become effective and enforceable by internal administrative and judicial authorities. In section 3, we explain international legal rules relevant to advancing the humanitarian imperative and upholding respect for principled humanitarian action, and we sketch the corresponding roles of humanitarian policies, programs, and donor practices. International humanitarian law (IHL) seeks to ensure — for people who are not, or are no longer, actively participating in hostilities and whose needs are unmet — certain essential supplies, as well as medical care and attention for the wounded and sick. States have also developed and implemented a range of humanitarian policy frameworks to administer principled humanitarian action effectively. Further, States may rely on a number of channels to hold other international actors to account for safeguarding the humanitarian imperative. In section 4, we set out key theoretical and doctrinal elements related to accepting and carrying out the Security Council’s decisions. Decisions of the Security Council may contain (binding) obligations, (non-binding) recommendations, or a combination of the two. UN members are obliged to carry out the Council’s decisions. Member States retain considerable interpretive latitude to implement counterterrorism resolutions. With respect to advancing the humanitarian imperative, we argue that IHL should represent a legal floor for interpreting the Security Council’s decisions and recommendations. In section 5, we describe relevant conduct of the Security Council and States. Under the Resolution 1267 (1999), Resolution 1989 (2011), and Resolution 2253 (2015) line of resolutions, the Security Council has established targeted sanctions as counterterrorism measures. Under the Resolution 1373 (2001) line of resolutions, the Security Council has adopted quasi-“legislative” requirements for how States must counter terrorism in their national systems. Implementation of these sets of resolutions may adversely affect principled humanitarian action in several ways. Meanwhile, for its part, the Security Council has sought to restrict the margin of appreciation of States to determine how to implement these decisions. Yet international law does not demand that these resolutions be interpreted and implemented at the national level by elevating security rationales over policy preferences for principled humanitarian action. Indeed, not least where other fields of international law, such as IHL, may be implicated, States retain significant discretion to interpret and implement these counterterrorism decisions in a manner that advances the humanitarian imperative. States have espoused a range of views on the intersections between safeguarding principled humanitarian action and countering terrorism. Some voice robust support for such action in relation to counterterrorism contexts. A handful call for a “balancing” of the concerns. And some frame respect for the humanitarian imperative in terms of not contradicting counterterrorism objectives. In terms of measures, we identify five categories of potentially relevant national counterterrorism approaches: measures to prevent and suppress support to the people and entities involved in terrorist acts; actions to implement targeted sanctions; measures to prevent and suppress the financing of terrorism; measures to prohibit or restrict terrorism-related travel; and measures that criminalize or impede medical care. Further, through a number of “control dials” that we detect, States calibrate the functional relations between respect for principled humanitarian action and countering terrorism. The bulk of the identified counterterrorism measures and related “control dials” suggests that, to date, States have by and large not prioritized advancing respect for the humanitarian imperative at the national level. Finally, in section 6, we conclude by enumerating core questions that a State may answer to help formulate and instantiate its values, policy commitments, and legal positions to secure respect for principled humanitarian action in relation to counterterrorism contexts.