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1
Arifin, Ridwan, Zaeda Zulfa et Dhanny Saraswati. « International Committee of Red Cross versus International Red Crescent : The Recent Practices as Subject International Law ». International Law Discourse in Southeast Asia 1, no 2 (31 juillet 2022) : 243–64. http://dx.doi.org/10.15294/ildisea.v1i2.58375.
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The International Red Cross has different characteristics so that in its development, this organization is accepted as one of the subjects of international law. However, the International Red Cross has limitations in the subject of law. International treaties such as the 1949 Red Cross Conventions provide certain rights and obligations. The rights and obligations are given by the convention indirectly to individuals through the country that is a participant in the convention. Through such construction, many individual circumstances or events that are subject to international law based on a convention can be returned to the countries that are participants in such a convention, namely the Convention on the Settlement of Investment Disputes between States and Nationals of Other States and The European Convention on Human Rights. This study analyzes recent developments regarding the International Red Cross as a subject of international law. This study also analyzes the position of the International Red Crescent as one of the subjects of international law in practice.
2
Dinstein, Yoram. « International Criminal Law ». Israel Law Review 20, no 2-3 (1985) : 206–42. http://dx.doi.org/10.1017/s0021223700017635.
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The individual human being is manifestly the object of every legal system on this planet, and consequently also of international law. The ordinary subject of international law is the international corporate entity: first and foremost (though not exclusively) the State. Yet, the corporate entity is not a tangible res that exists in reality, but an abstract notion, moulded through legal manipulation by and within the ambit of a superior legal system. When the veil is pierced, one can see that behind the legal personality of the State (or any other international corporate entity) there are natural persons: flesh-and-blood human beings. In the final analysis, Westlake was indubitably right when he stated: The duties and rights of States are only the duties and rights of the men who compose them.That is to say, in actuality, the international rights and duties of States devolve on human beings, albeit indirectly and collectively. In other words, the individual human being is not merely the object of international law, but indirectly also its subject, notwithstanding the fact that, ostensibly, the subject is the international corporate entity.
3
Goverdovskaya, Tatiana V. « STATE – THE MAIN SUBJECT OF INTERNATIONAL LAW ». HUMANITARIAN RESEARCHES 60, no 4 (2016) : 187–91. http://dx.doi.org/10.21672/1818-4936-2016-60-4-187-191.
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Mansyur, Supardan. « THE NEW DEVELOPMENT OF SUBJECT OF INTERNATIONAL LAW ». Unram Law Review 1, no 1 (11 septembre 2017) : 1–15. http://dx.doi.org/10.29303/ulrev.v1i1.3.
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Nowdays the status of subject of international law is one of the most controversies in international law, particularly in part of corporation (multinational entities) and non governmental organizations. Since the status of subject of international law gives entities rights and duties under international law, it is important to find out the new development in the subject of international law. The issue in this article is what is the new development on the establishment and recognition of subject of international law?. To solve the issue, this article using normative reseach with conceptual approach and historical approach. The conclusion withdrown is that The new development in the subject of international law is the debate on the establishment and recognition of corporations and Non Governmental Organization as subject of international law. The view that corporation and NGO should established as subject of international law is based on the important role those entities has played in international plane. However, regardless the important role they play, they can not considered as the subject of international law since the lack recognition from international community.
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Salako, Solomon E. « The Individual in International Law : ‘Object’ versus ‘Subject ». International Law Research 8, no 1 (21 juillet 2019) : 132. http://dx.doi.org/10.5539/ilr.v8n1p132.
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There is uncertainty about the status of the individual in international law. The traditional positivist doctrine of international law is that States are the sole subjects of international law and that the individual is the object. The contemporary approach is that the individual is an original subject of international law and the owner of international individual rights. This approach relies for its justification on areas of international law such as investment protection treaties, intellectual property treaties, international human rights law, individual criminal liability in international law and Vienna Convention on Consular Relations where the individual has been brought into contact with international law.
The objects of this article are: (i) to assess critically the various areas where the individual has been brought into contact with international law with a view to showing that the individual is not a full subject of international law; and (ii) to show that insofar as the individual possesses a limited locus standi in international law and a limited array of rights, that is, limited legal capacity, the proffered existence of an international legal personality of the individual is not only superfluous but also confuses international legal personality which involves the capacity to perform legal acts in the international sphere with legal personality in municipal law.
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YERMOLENKO-KNYAZEVA, Lilia. « An individual as a subject of international law ». Scientific Bulletin of Flight Academy. Section : Economics, Management and Law 3;4 (25 février 2021) : 166–71. http://dx.doi.org/10.33251/2707-8620-2021-3-4-166-171.
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PIDPALA, I. V. « SAILOR AS A SUBJECT OF INTERNATIONAL LABOR LAW ». Scientific Journal of Public and Private Law, no 1 (2021) : 44–52. http://dx.doi.org/10.32844/2618-1258.2021.1.8.
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Novikov, Oleg Alekseevich, et Igor' Olegovich Nadtochii. « Metaconfederation as a Subject of Global Law of the Future ». Международное право, no 4 (avril 2022) : 42–48. http://dx.doi.org/10.25136/2644-5514.2022.4.39203.
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The subject of the study of the article presented by the authors are the subjects of that system of global regulatory regulation, which historically is called international law. The object of the study is a variety of connections that develop between the subjects of global relations, regulated on the basis of the principles and norms of the system of international law. The authors propose a gradual departure from the usual names adopted in the modern theory of international law, and, in particular, propose new definitions: "global law" and "metaconfederation". The definitions proposed by the authors are a reflection of the ongoing deep evolution of global relations and the process of the emergence of new subjects of these relations. The novelty of the study lies in the authors' proposal of a new definition for the theory of international law: "metaconfederation". The study of the phenomenon of metaconfederations is, according to the authors, a promising vector for future scientific research. Global metaconfederations are the prototype of the main, if, in principle, not the only subject of the global law of the future. The root "meta-" is a marker of the complexity of the internal structure of the subject of global law under study and its extraterritoriality. For its part, the use of the term "confederation" emphasizes the maximum freedom of the internal organization of the subjects of the global law of the future.
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Collins, Lawrence. « Reflections on Holocaust Claims in International Law ». Israel Law Review 41, no 3 (2008) : 402–42. http://dx.doi.org/10.1017/s0021223700000297.
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It does not need to be said that to be asked to give the Lionel Cohen lecture is a great honor. One of the first books on private international law which I acquired when I became interested in the subject was a volume of the Lionel Cohen lectures delivered by Sir Otto Kahn-Freund. I have chosen a topic which involves the subjects in which I have my primary academic interests, public and private international law, but also a subject in which I had some professional involvement before I became a judge.My immediate family was safely in England at the time of the Holocaust, but I am particularly glad that some of my cousins are here at this lecture. Their families in Poland were tragically involved in the Holocaust and my cousin Rony Lerner made a film in 2006, which was shown on Israeli TV, about the murder in Poland of his grandmother and his search for her murderers. His grandmother was my grandmother's sister.
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Danilović, Nemanja. « International organizations and their role on the subject of international public law ». Megatrend revija 16, no 3 (2019) : 95–113. http://dx.doi.org/10.5937/megrev1903095d.
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North, Peter. « Private International Law : Change Or Decay ? » International and Comparative Law Quarterly 50, no 3 (juillet 2001) : 447–508. http://dx.doi.org/10.1093/iclq/50.3.477.
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The aim of this article is to survey the private international law scene in a number of regards, tracing developments in this country over recent decades, offering some thoughts on how such changes have come about and on their impact, concluding with an element of crystal gazing for the future. The turn of the century, to say nothing of the millennium, is as good a time as any to reflect on these developments. How then has the subject changed since the end of the nineteenth century? A useful, though unsophisticated, yardstick with which to start is to look at the approaches of the two major English books on the subject and to see how their coverage of different aspects of the subject has changed over the decades.
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Shugurov, Mark Vladimirovich. « On Issue of the Subject Matter of International Law Philosophy ». Russian Journal of Legal Studies 6, no 2 (15 juin 2019) : 42–52. http://dx.doi.org/10.17816/rjls18480.
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This article offers a comprehensive view of most significant aspects of the subject matter of international law philosophy. The purpose is a framing the conceptual model of its subject matter and is to identify general themes of further discussion. The methodology of research conducted consists of the general scientific methods of analysis and synthesis, generalization and abstracting. The author has used the system principle and the historical principle. As results of given study are following: justifying the idea of international law as a main subject matter of respective philosophy; explicating the content of the notion “contemporary philosophy of international law”; demonstrating the differences between theory of international law and international law philosophy. The conclusions drawn are conceptual provisions that, firstly, international law philosophy is an independent legal science. Secondly, its vocation is to investigate not only philosophical foundations of international law but also philosophical foundations of international law doctrine. Thirdly, the contemporary international law philosophy must provide the dialog between versions of understanding of international law that are typical for various civilizations.
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Sukmana, Sobar, et Tuti Susilawati. « PERJANJIAN ASEAN DAN CHINA DALAM PEMBENTUKAN KAWASAN PERDAGANGAN BEBAS ASEAN-CHINA ASEAN-CHINA FREE TRADE AREA (ACFTA) (Tinjauan terhadap Pasal 2 ayat 1 (a) Konvensi Wina 1986) ». PALAR | PAKUAN LAW REVIEW 8, no 1 (4 février 2022) : 183–97. http://dx.doi.org/10.33751/palar.v8i1.4775.
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ABSTRAK Subjek hukum internasional adalah pihak-pihak pembawa hak dan kewajiban hukum dalam pergaulan internasional. Menurut Martin Dixon ”a body or entity which is capable of possessing and exercising rights and duties under international law. Negara adalah subjek hukum yang paling utama, terpenting dan memiliki kewenangan terbesar sebagai subjek hukum internasional dan memiliki apa yang tidak dimiliki subjek lainnya yaitu sovereignty (kedaulatan). Organisasi internasional sebagai subjek hukum internasional adalah suatu organisasi yang dibentuk dengan perjanjian internasional oleh dua negara atau lebih berisi fungsi, tujuan, kewenangan, asas, struktur organisasi dan memiliki sekretariat tetap. Republik Rakyat China sebagai subjek hukum internasional adalah sebuah negara yang terletak di Asia Timur, memiliki jumlah penduduk terbanyak di dunia (sekitar1,4 milyar jiwa) dan luas daratan 9,59 juta kilometer persegi, merupakan negara ke 3 terbesar didunia. Asean sebagai organisasi internasional regional di Asia Tenggara didirikan berdasarkan deklarasi Bangkok 1967 dan sejak tahun 2007 Asean telah memiliki Piagam Asean (Asean Charter 2007). Asean sebagai organisasi internasional regional merupakan subyek hukum internasional dengan sepuluh negara anggota. Kata Kunci : Asean, China, Subjek Hukum Internasional, Free Trade Area. ABSTRAK The subjects of international law are parties who carry legal rights and obligations in international relations. According to Martin Dixon, "a body or entity which is capable of possessing and exercising rights and duties under international law. The state is the most important, most important subject of law and has the greatest authority as a subject of international law and has what other subjects do not have, namely sovereignty. An international organization as a subject of international law is an organization formed by an international agreement by two or more countries containing the functions, objectives, authorities, principles, organizational structure and has a permanent secretariat. The People's Republic of China as a subject of international law is a country located in East Asia, has the largest population in the world (about 1.4 billion people) and a land area of 9.59 million square kilometers, is the 3rd largest country in the world. Asean as a regional international organization in Southeast Asia was founded based on the 1967 Bangkok declaration and since 2007 Asean has had the Asean Charter (Asean Charter 2007). Asean as a regional international organization is a subject of international law with ten member countries. Keywords: Asean, China, International Law Subject, Free Trade Area.
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Kokhan, H. L., et I. V. Stryzhak. « ORDER OF MALTA AS A SUBJECT OF INTERNATIONAL LAW ». Juridical scientific and electronic journal 6 (2019) : 422–24. http://dx.doi.org/10.32782/2524-0374/2019-6/103.
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Karvatska, Svitlana, et Tetyana Gnatuyk. « INTERNATIONAL ORGANIZATIONS AS SUBJECTS OF INTERNATIONAL LAW RULES INTERPRETATION ». Scientific Journal of Polonia University 43, no 6 (18 juin 2021) : 189–97. http://dx.doi.org/10.23856/4324.
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This paper aims to analyze an interpretive activity of international organizations as a means to solve the problem of paramount importance for ensuring updating of international law rules and the whole mechanism of international law action in the process of rules implementation. The methodology is based on a comprehensive approach to the analysis of the object and subject of research, which covers philosophical and legal methods – dialectical method of scientific knowledge, system-structural method, empirical method, hermeneutic method, synergetic and formal-legal methods of scientific research. As a result, the growing role of international organizations as subjects of interpretation, which do not only play an essential role in international law-making and the implementation of international law but also take an active part in their interpretation, was proved. In interpreting their charters, international bodies and organizations certainly influence the content of other international norms. At the current stage, it is necessary to define international organizations’ interpretive activity as a particular type of international law-making, which consists in the official interpretation of international legal rules contained in the relevant acts. Nevertheless, they do not acquire the status of law-making bodies, and their decisions and conclusions are of a recommendatory nature.
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Sarybaieva, Ganna, Liydmyla Panova, Ernest Gramatskyy, Alen Panov et Alborz Pahlevanzade. « International legal personality in public and private law : problems of theory and practice ». Revista Amazonia Investiga 10, no 47 (17 décembre 2021) : 180–89. http://dx.doi.org/10.34069/ai/2021.47.11.18.
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At the present stage of the development of international relations, an important aspect is the specification of the rights and obligations of the subjects of international law, which are elements of international legal personality, which is subject to multifaceted study. The research of its problematic elements is fundamental to improving the rules of international law in general and domestic law in particular. The work aims to study and identify problems of theory and practice of international legal personality in public law. The object of research is international legal personality in public law. The subject of the research is problematic aspects of the theory and practice of international legal personality in public law. The following methods were used in the study: observation, historical method, method of analysis, comparison, generalization, the system method, method of analysis of normative documents. As a result of the research, the institute of international legal personality, in general, was analyzed, its peculiarities and problematic aspects were determined.
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Casella, Paulo Borba. « The Amerindians and International Law : ». Revista da Faculdade de Direito, Universidade de São Paulo 112 (28 août 2018) : 285–301. http://dx.doi.org/10.11606/issn.2318-8235.v112i0p285-301.
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The paper strives to bring a historic perspective about the International Law treatment on Amerindians, from the «discovery», going through the renowned authors of the American colonial period, such as Francisco de Vitoria and Bartolomé de las Casas, to the present condition of the Amerindians in Brazil, within the Constitution (1988) and with the multilateral international efforts to regulate the subject, via the UN´s General Assembly or via the European Parliament.
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Satesna, Dhezya Pandu. « Legal Personality of ASEAN as the Subject of International Law : Contemporary Developments ». International Law Discourse in Southeast Asia 1, no 1 (31 janvier 2022) : 65–78. http://dx.doi.org/10.15294/ildisea.v1i1.56871.
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The Organization of Southeast Asian Nations (ASEAN) has unique characteristics, apart from the legal systems in Southeast Asian countries that are different from one another, but also have different historical aspects. If ASEAN is compared to the European Union, which has the same legal vision, characteristics of society, and even a uniform financial system, ASEAN does not yet have this uniformity. This study aims to identify the legal personality for ASEAN as a subject of international law. This study looks at various theories and concepts regarding international organizations as subjects of international law. This study confirms that the basis for ASEAN legal personality as a subject of international law can be seen in the ASEAN Charter, however, this form of legal personality is still limited.
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RASULOV, AKBAR. « International Law and the Poststructuralist Challenge ». Leiden Journal of International Law 19, no 3 (octobre 2006) : 799–827. http://dx.doi.org/10.1017/s0922156506003591.
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Peter Fitzpatrick and Patricia Tuitt (eds.), Critical Beings: Law, Nation and the Global Subject, Aldershot: Ashgate, 2004, 226 pp. (hb).Sinkwan Cheng (ed.), Law, Justice, and Power: Between Reason and Will, Stanford: Stanford University Press, 2004, 278 pp. (pb).
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Bugnion, François. « Red Cross law ». International Review of the Red Cross 35, no 308 (octobre 1995) : 491–519. http://dx.doi.org/10.1017/s0020860400089592.
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The International Committee is a Red Cross institution. It takes part in the deliberations of the International Conferences and other statutory bodies of the International Red Cross and Red Crescent Movement of which it is the founder; but it may also be subject to rules laid down by those statutory bodies.
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Uerpmann-Wittzack, Robert. « Principles of International Internet Law ». German Law Journal 11, no 11 (novembre 2010) : 1245–63. http://dx.doi.org/10.1017/s2071832200020204.
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AbstractLegal principles are an essential element of jurisprudence. They help to systemize, to comprehend and to further develop a legal order. Although International Internet Law is quite a new legal subject, some principles begin to evolve. The article addresses five emerging core principles of International Internet Law: (1) The principle of internet freedom, (2) the principle of privacy, (3) a modified principle of territorial jurisdiction adapted to cyberspace, (4) the principle of interstate cooperation, and (5) the principle of multi-stakeholder cooperation.
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Хабриева, Талия, et Taliya Khabriyeva. « Venice Commission as Subject of National Law Interpretation ». Journal of Russian Law 4, no 8 (8 août 2016) : 0. http://dx.doi.org/10.12737/20899.
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The article reveals specific characteristics of the international legal status of the Venice Commission of the Council of Europe, which allows to understand its purpose and provide legal assessment of various aspects of its activities. On the basis of the analysis of documents adopted by the Commission, their types and content, the author considers peculiarities of interpretation by the Commission of national legal rules. Interpretation of the national law by the Commission, which the author categorizes as a kind of international interpretation, is carried out through the lens of multifunctional legal standards of the Council of Europe. It serves the purpose of improving national legislation, consolidation of approaches on the part of the member states to the Commission and international organizations towards understanding of the contents of the European standards and generation of new legal concepts and categories. The author identifies typical and non-typical acts of interpretation of law by the Commission, establishes their relation with the types of acts of interpretation known in the theory of law. The author concludes the research by stating that the Venice Commission is a new subject of national law interpretation, and its law-interpreting activity is a phenomenon in law, the nature of which requires a separate study.
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NIKODIMOV, Igor Yu, Igor A. BURMISTROV, Tatyana N. SINYUKOVA et Elena A. MIRONOVA. « Essence-Subjected Combinatorics of Law ». Journal of Advanced Research in Law and Economics 9, no 7 (21 novembre 2019) : 2393. http://dx.doi.org/10.14505//jarle.v9.7(37).24.
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The relevance of the paper is caused by the current collision between the will of the international political-economic groups and the will of the ruling circles in the legal area. The objective of the paper is to analyze the essence-subject combinatorics of law. The authors have established two main aspects of the legal concept and four main groups of the subjects of law. Finally, they have revealed sixteen combinations based on the concepts and levels of the subjects. Notably, the level of the subject of law as an individual consists of more than 7 billion subjects, so it is impossible to count the real number of combinations. But practically in the majority of cases, lawyers prioritize the will of an individual, a social group and the ruling circles, based on which the integral law is defined.
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Dugajlić, Stefan. « The rule of law in international law and its application in practice ». Glasnik Advokatske komore Vojvodine 93, no 4 (2021) : 994–1006. http://dx.doi.org/10.5937/gakv93-29488.
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The subject of this article is to point out that the rule of law, often characterized as a national concept, crosses the national borders of sovereign states, and that the field of the rule of law has a direct impact on international law, relations between states, individuals and states, and between individuals. The increasing and more frequent interaction of the above subjects in international relations has led to the need to constitute certain rules - regulations, more precisely international law, and to ensure its enforcement, and to protect the subjects from possible violations of it. The rule of law becomes even more represented at the international level, with the establishment and later with the activities of international organizations such as: the United Nations, Council of Europe, European Union. By acceding to those organisations, by actively participating in instituting regulations and applying them, directly or through ratification, states renounce the acts of their sovereignty in a certain manner, accepting and enforcing those regulations, thus giving them a higher place in the hierarchy of regulations than national law. This article describes the path of the rule of law from the Grand Charter of Freedoms (Magna Carta Libertatum), as a national concept, to the present, where the rule of law has a strong and indispensable influence in creation, enforcement and protection of international regulations.
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Savic, Sava. « International law and humanitarian intervention ». Medjunarodni problemi 59, no 1 (2007) : 5–48. http://dx.doi.org/10.2298/medjp0701005s.
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Taking an action by the international community, individual states or their organizations with the aim of protecting citizens in some country from the tyranny of their own authorities has been defined as a humanitarian intervention. According to international law the use of power as an instrument in international relations is, however, prohibited and therefore, any approach to humanitarian intervention is stretched out between the challenges of moral responsibility and limitations of legislature. The subject of discussion in this article is the legislative aspect of humanitarian intervention by force. The research is focused on law and legitimating of humanitarian intervention by force without the United Nations Security Council approval. .
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Pictet, Jean. « The Formation of International Humanitarian Law ». International Review of the Red Cross 25, no 244 (février 1985) : 3–24. http://dx.doi.org/10.1017/s0020860400022166.
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The title of my talk may appear more than a little ambitious or the subject too extensive. What I intend to do, in fact, is to give here, in no particular order, some of the thoughts and experiences of one engaged in humanitarian law who had the great good fortune to be associated with this fascinating work from the beginning of his career.
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Chilton, Adam, et Katerina Linos. « Preferences and Compliance with International Law ». Theoretical Inquiries in Law 22, no 2 (1 juillet 2021) : 247–98. http://dx.doi.org/10.1515/til-2021-0023.
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Abstract International law lacks many of the standard features of domestic law. There are few legislative or judicial bodies with exclusive authority over particular jurisdictions or subject matters, the subjects regulated by international law typically must affirmatively consent to be bound by it, and supranational authorities with the power to coerce states to comply with international obligations are rare. How can a legal system with these features generate changes in state behavior? For many theories, the ability of international law to inform and change individual preferences provides the answer. When voters care that treaty commitments be kept, or that international norms be honored, the theory goes, leaders are more likely to be able to make choices consistent with international obligations. Over the last decade, a literature has emerged testing these theories using surveys and experiments embedded in surveys. Multiple U.S. studies find that international law and international norm arguments shift public opinion in the direction of greater compliance by 4 to 20 percentage points. However, studies in foreign contexts are more mixed, with some backlash reported in countries in which international law is highly politicized. This Article describes the state of current knowledge about whether international law actually does change preferences, explains the limitations with existing research, and proposes avenues for future study.
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Bakar, Yusrina Abu. « 2011 IALL Conference Report : The 30th Annual Course on International Law and Legal Information ; Dynamics of Malaysian Law in the Global World† ». International Journal of Legal Information 40, no 1-2 (2012) : 157–62. http://dx.doi.org/10.1017/s0731126500006430.
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Back in January 2008 I was asked by the Chief Librarian of the International Islamic University Malaysia Library (IIUM Library) to head the Law Information Section of the Library. Up to that year, which was my twelfth year as a librarian, law had been one of the subjects that I had avoided learning. I knew the complexity and specialization of the subjects and its multitude of collections. I felt that if I did not use the subject on a regular basis, I would easily forget what I learned. Even though skeptical of my own ability to head the department, I took the job to challenge myself, to learn more about the subject and above all to prove to myself how wrong I was about the subject.
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Mihăilă, Marian. « Application Of International Law Principles By International Tribunals ». International conference KNOWLEDGE-BASED ORGANIZATION 21, no 2 (1 juin 2015) : 455–59. http://dx.doi.org/10.1515/kbo-2015-0078.
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Abstract The observance of fundamental rules of public international law could be ensured only by the strengthening of penal law. However, despite several precedents assuring the good foundation of international law development in this respect and of the future endeavours expected to confirm the international society’s adhesion to the penal repression requirements, the low convergence of public international law and criminal law reveals the difficulties that may occur in the way of a doctrine persuaded by the necessity to construct a new legal subject in the domain of peace. The legitimacy of constituting the International Tribunals was proved, but on the other hand they were reproached the very lack of legitimacy, being ad-hoc constituted jurisdictions instituted by the winners, made only by the representatives of the victor powers, which deprived them from a true international character and the fact that their legal foundation as regards the applicable law was shaky.
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Olesiuk-Okomska, Magda. « INTERNATIONAL CRIMES WITHIN THE JURISDICTION OF INTERNATIONAL CRIMINAL COURTS AND TRIBUNALS ». International Journal of Legal Studies ( IJOLS ) 2, no 2 (29 décembre 2017) : 71–84. http://dx.doi.org/10.5604/01.3001.0012.2220.
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Although in international law responsibility traditionally had belonged to states, along with involvement of individuals in conflicts between states and committing by them crimes on a massive scale, a need to criminalize such acts and to bring offenders guilty of the most serious violations of international law to justice - arose. Establishment of international criminal courts resulted from the need to fulfill internationally the idea of justice. Development of international criminal courts reflects differences in inter alia attitude towards ratione materiae of particular courts and tribunals. The purpose of this article is to present and discuss international crimes within the jurisdiction of international criminal courts and tribunals. A typology of international criminal courts was indicated and the most important courts and tribunals were presented in detail. The paper discusses subject jurisdiction of International Military Court in Nuremberg and International Military Tribunal for the Far East in Tokio, the first international courts established to bring war criminals to justice; as well as the subject jurisdiction of the International Criminal Court, the only permanent court in international criminal court system, having universal jurisdiction. Four categories of the most serious crimes of international concern were considered, and doubts concerning subject jurisdiction of the International Criminal Court, as well as its functioning in general, were signalized.
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Wiśniewski, Adam. « International Courts and Legalism in International Law ». Polish Review of International and European Law 5, no 1 (6 juillet 2017) : 9. http://dx.doi.org/10.21697/priel.2016.5.1.01.
Texte intégralRésumé :
In this article, I argue that legalism, understood as a stronger commitment of states (and other subjects) to the observance of the rules of international law, was fostered by the dynamic development of international courts and tribunals, which started in the 1990s. This contribution has manifested itself in various ways, both external and internal. The multiplication of international courts, coupled with the widespread compulsory jurisdiction, has been crucial to strengthening state commitment to adhere to their international obligations. The interpretation and application of international norms ceased to depend solely on the subjective discretion of states. Therefore, judicialisation is rightly presented as a process of taming the Leviathan and gradually subjecting it to the international rule of law. The problem of legalism in the context of international courts can, and should, also be examined in its “internal” aspect. This entails the examination of a number of issues connected with the courts’ status, competence, function, case law coherence and stability, judgment implementation, etc. Despite the problems and risks involved, the proliferation of international courts and tribunals can be perceived as one of the most important components of the dynamic transition of international law in recent decades. In this sense, one might argue that Hart was right in claiming that the functioning of courts, endowed with compulsory jurisdiction, is one of the conditions for recognising international law as genuine law. Another important effect of the judicialisation on international law is that, at the very least, certain international norms have acquired “objective” nature, detached from the will of states. This is due to the interpretation and application of these norms no longer depending solely upon the subjective discretion of states, but rather becoming subject to consideration and examination by an independent judicial body.Judicialisation is, thus, rightly presented as a process of taming the Leviathan and gradually subjecting it to the international rule of law. Beyond any doubt, this process and its consequences markedly change the face of international law. The multiplication of international courts results in expanding the judicial institutional layer, making international law less horizontal. Additionally, in consequence of growing case law, the system of international law becomes more complex, developed, and mature. The development of international law is a natural aspect of the judicial function. This is due to the fact that international norms are, in many cases, incomplete and unclear, necessitating their interpretation, adaptation, and development in particular cases.
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Perestiuk, Natalia. « Problems of legal qualification in private international law : doctrine, case law and Ukrainian law ». Ukrainian Journal of International Law 3 (30 septembre 2020) : 129–39. http://dx.doi.org/10.36952/uail.2020.3.129-139.
Texte intégralRésumé :
In this paper, the author observes the historical origins and development of doctrines of qualification (characterization) in private international law. Analyzing different approaches as to the place of qualification in the process of operation with a choice-of-law rule, as to its scope and subject, as well as to the distinction between qualification and interpretation processes, the author concludes on the controversial nature of this issue, as well as of the alternative views on the qualification subject and approaches to qualification that may be followed by a judge. Considering current Ukrainian private international law act within the context of alternative approaches to qualification (characterization), the author recognises valuable contribution of its Article 7, arguing that it is exactly a function embodied into a foreign law institute should be treated as a point of synchronization with the relevant choice-of-law rule of the forum. And the role of the case law the author sees as a decisive in the course of such approach implementation.
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Al Haf, Radwan Ahmad, Ashraf Mohamad Gharibeh, Mohamad Rashid Al Makhmari, Anan Shawqi Younes et Ahmad Alsharqawi. « CRITICAL ASSESSING THE PRINCIPLE ACCORDING TO WHICH INDIVIDUALS CANNOT BE REGARDED AS SUBJECTS OF INTERNATIONAL LAW ». Journal of Southwest Jiaotong University 57, no 6 (30 décembre 2022) : 45–53. http://dx.doi.org/10.35741/issn.0258-2724.57.6.5.
Texte intégralRésumé :
This study aims to analyze and interpret the clause under which individuals are not the subject of international law, so it studies their position under international law. This study looks into the origin and evolution of the state as the subject of international law. It studies the related theories associated with the emergence and acceptance of the state as the subject of international law. The next aspect of this study is to analyze and discuss the international legal personality doctrine. State recognition is the cornerstone in the study of international law, and this aspect forms a vital part of the discussion on state sovereignty and legal personality.
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Savić, Matej. « International legal regulation of space and high seas : Aspects of humankind legal personality ». Politeia 11, no 22 (2021) : 115–30. http://dx.doi.org/10.5937/politeia0-33679.
Texte intégralRésumé :
In this paper, the author analyzes open issues regarding the status of humankind in International Law, pointing out particular problems related to its international legal personality, primarily from the angle of the Law of the Sea and the Cosmic Law. A special place in this paper is dedicated to international regulations in the field of the Law of the Sea and Cosmic Law in which there is no possibility of establishing sovereignty, where states, as basic subjects of International Law, do not have exclusive competencies. The idea of humankind as a subject of International Law is primarily viewed from the angle of particular areas of International Law in which states are not exclusive holders of rights and duties. Humankind is analyzed as a specific and, above all, abstract concept in International Law.
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Karski, Karol. « The International Legal Status of the Sovereign Military Hospitaller Order of St. John of Jerusalem of Rhodes and of Malta ». International Community Law Review 14, no 1 (2012) : 19–32. http://dx.doi.org/10.1163/187197312x617674.
Texte intégralRésumé :
Abstract The Order of Malta is an entity which established its own states on Rhodes (1310–1522) and Malta (1530–1798). Since 1834, it has been located in Rome. Today, the Order is universally regarded as a subject of international law. The Order exercises right of legation and ius contrahendi. It still is not a primary, i.e., sovereign, subject of international law. Paradoxically, it is its distinguishing feature, i.e., being a religious order that prevents it from being genuinely sovereign. Sovereignty means independence from any external power. In the case of any order of the Roman Catholic Church, this is absolutely impossible. The Order’s Grand Master can be elected only from among religious in terms of canon law who have made vows of poverty, chastity and obedience and is fully subordinate to the Pope. Yet the Order undoubtedly is a secondary subject of international law whose status is determined by its recognition by primary subjects.
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Yanubi, Yustinus Stevanus, Josina Augustina Yvonne Wattimena et Johanis Steny Franco Peilouw. « Penundukan Diri Suatu Negara Terhadap Keputusan Penunjukan Uskup Oleh Takhta Suci, Pespektif Hukum Internasional ». PAMALI : Pattimura Magister Law Review 2, no 2 (31 août 2022) : 132. http://dx.doi.org/10.47268/pamali.v2i2.841.
Texte intégralRésumé :
Introduction: The existence of the Holy See is recognized in the international community, especially in matters of religious spirituality to appoint bishops as part of its rights as subjects of international law.Purposes of the Research: This study aims to find out how the existence of the Holy See as a subject of international law in confession by international community, and how the submission of a state in international law to the decision to appoint bishops by the Hole See.Methods of the Research: This study uses a normative legal research method, which aims to find out how the existence of the Holy See as a subject of international law in confession by international community, and how the submission of a state in international law to the decision to appoint bishops by the Hole See.Results / Findings / Novelty of the Research: The existence of the Holy See as a subject of international law is recognized through the recognition of states of the decision to appoint bishops by the Pope. The decision to appoint bishops by the Pope is basically capable of making states submit to themselves. This is reflected in various forms of recognition by states such as positive legal recognition, political recognition, and tacit recognition. In the context of the case with the Chinese government, it can be seen that China has made tacit recognition of the Pope’s authority in appointing bishops. So, that can be firmly said that the recognition is a respect for the rights of the Holy See in accordance with international law.
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Desai, Bharat H. « International Environmental Law-Making ». Environmental Policy and Law 50, no 6 (11 mai 2021) : 489–508. http://dx.doi.org/10.3233/epl-209005.
Texte intégralRésumé :
The article seeks to make a modest effort in making sense of the international environmental law-making process. It comprises the subtle normative process currently at work, including ‘global conferencing’ technique resorted to by the UN General Assembly, how it draws upon the basic legal underpinnings of international law, the unique treaty-making enterprise at work, and what this enormous legal churning process portends for the protection of the global environment at this critical time of perplexity in the Anthropocene epoch. It calls for taking serious cognizance of mass destruction of plant and animal species, heavy pollution of fresh water resources, choking of the oceans with plastic and other litter, and alteration of the atmosphere, among other lasting impacts that imperil our only abode Earth. International environmental law-making process is ad hoc and piecemeal and is generally understood to be the product of a lack of a single, central specialized institution having expertise on the subject, scientific uncertainty on many environmental issues, and the hard-headed economic interests of sovereign states. Still, the international environmental law-making process with its inherent resilience could possibly be able to adapt to the vagaries of scientific assessments and the political realities of in the future.
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Menkes, Jerzy, et Anna Kociołek-Pęksa. « (R)evolution of the Axiology of Human Rights, Political Freedom and Security as a Determinant of UN Pragmatism ». Politeja 18, no 2(71) (5 août 2021) : 79–93. http://dx.doi.org/10.12797/politeja.18.2021.71.04.
Texte intégralRésumé :
The state, under the Westphalian order, was both the creator and product of international law which determined its position as the central actor of this system. The norms of international law defined the normative content of the internal security regime, where state security was identical with security as such in international relations. The reality that laid the foundation for this logical syllogism has been subject to gradual transformation that had its climax in the early decades of the 21st century. The states, previously holding monopoly of using force in international relations, which allowed for prevention of wars by means of intergovernmental agreements or maintenance of peace through institutionalized intergovernmental cooperation, lost their exclusive authority to use force. Stipulating ‘non-war’ by means of an (intergovernmental) international treaty became impossible since the non-state actors who apply force pursue counter-systemic goals and reject the international (and internal) order based on the rule of law. The state sovereignty, whose significant albeit not exclusive referent was autocracy and total power, has been transformed from the title of claim to cease the violation by the state into the personal right to protection (vested in an individual or minority/people/mankind in general). International law, which did not constitute a system until as late as the second half of the 20th century, not only obtained such character relatively quickly, but also has been subject to constitutionalization. The inherent unity of the international law as the common legal system of the international community is subject, along with this community, to fundamental divergence: into the law governing (internal) relationships between members of the, transatlantic, security community, which form a normatively and institutionally interrelated selfcontained regime on the one hand, and the international law that governs the relations between the countries of the Western Hemisphere and other subjects of the international law on the other hand. These factors determine the shift of the security paradigm: new actors, new normative content, different binding effect of the norms and, above all, new rules. The new paradigm of security in the international law dimension correlates with the shift in metaphors that build concepts significant to the international law such as state, sovereignty, security, and international treaty. These transformations set the stage for the legitimization of actions taken by the subjects of legal protection in the international law dimension.
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Mantilla-Serrano, Fernando. « Colombia Enacts a New International Arbitration Law ». Journal of International Arbitration 30, Issue 4 (1 août 2013) : 431–41. http://dx.doi.org/10.54648/joia2013027.
Texte intégralRésumé :
By enacting Law 1563 of 12 July 2012, Colombia has established an international commercial arbitration regime based on the United Nations Commission on International Trade Law (UNCITRAL) Model Law. The deviations which the Colombian legislature has made from the UNCITRAL Model Law are the subject of the present article.
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Mazhorina, M. V. « Sustainable Development Law : Essence, Subject and Methodology ». Lex Russica, no 5 (26 mai 2022) : 117–26. http://dx.doi.org/10.17803/1729-5920.2022.186.5.117-126.
Texte intégralRésumé :
Any paradigmatic social shifts are accompanied with changes in the law. The trend towards sustainable development in a sense replaces the trend towards globalization, turning today into a solo social agenda. The law should not develop in a post-factum logic, but work ahead of the curve, especially if we want to achieve country leadership.Sustainable development law, being a superstructure over a society that is being rebuilt in the spirit of sustainable development, becomes a supernova concept, an interdisciplinary, supra-sectoral regulatory array that undermines the foundations of legal architecture and taxonomy.Sustainable development law is not reducible to environmental, climate, international law; it incorporates the principles and individual institutions of civil, investment, financial, banking, labor, corporate, private international law and other branches. It is compound and complex and requires the formation of a new multi-recognition core. The role of lawyers is to normalize the ongoing processes and build an up-to-date architecture of law, taking into account state and public strategic interests. This requires the formation of a sustainable development law doctrine, the development of regulatory models in the field of transition to a green and low-carbon economy and energy, alternative energy sources, climate security, «green» financing and investment, in the field of business sustainability, the implementation of social policy and new management patterns.The paper analyzes the subject of sustainable development law, attempts to formulate the concept of sustainable development law, and searches for a methodology. The scientific search for a theoretical foundation for the law of sustainable development leads to the assumption that it is possible to study the latter through the prism of the scientific concept of the legal understanding of the American jurist Scott Shapiro, built around the legal theory of planning.
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Badaru, Opeoluwa Adetoro. « Examining the Utility of Third World Approaches to International Law for International Human Rights Law ». International Community Law Review 10, no 4 (2008) : 379–87. http://dx.doi.org/10.1163/187197308x356903.
Texte intégralRésumé :
AbstractWith the gradual emergence of Third World Approaches to International Law (TWAIL), there arises a necessity to examine its utility as an academic endeavour, particularly within the context of international human rights law. Questions need to be asked as to what benefits – if any – the adoption of TWAIL (either as a method of inquiry or as a subject of inquiry) offers researchers in the field of human rights law. In the same vein, the time is also ripe for scholars to engage with the important question of whether there are some shortcomings that TWAIL needs to address in order for it to be of more benefit to the human rights discourse.
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Aljahani, Abdelnaser. « Transnational Criminal Law and International Criminal Law : Interrelationship or Separation ». International Review of Law 9, no 1 (1 décembre 2020) : 163–82. http://dx.doi.org/10.29117/irl.2020.0094.
Texte intégralRésumé :
This article attempts to identify the relation of the transnational criminal law to the international criminal law that is one of the branches of public international law that has been formed after the Second World War, if not before. The main purpose of this article is to examine whether transnational criminal law is one of the branches of international criminal law, or is it independent and therefore can be described as an independent and new branch of the public international law. The researcher in this article tends to the second trend because of the differences between the transnational criminal law and international criminal law, based on the legal concept, subject of law, sources of law, criminal liability and jurisdiction.
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Vázquez Guevara, Valeria. « Prologue to truth : Argentina’s National Commission on the Disappeared and the authority of international law ». Leiden Journal of International Law 35, no 1 (3 décembre 2021) : 105–27. http://dx.doi.org/10.1017/s0922156521000595.
Texte intégralRésumé :
AbstractArgentina’s 1980s transition to democracy is globally admired for pioneering a state-led process addressing the 1976–1983 dictatorship’s state-violence. The role of international law in the transition is well documented, especially through human rights and crimes against humanity. Yet, the extent to which Argentina’s transition was intertwined with international law and subject to its jurisdictional force deserves greater attention. This article analyses how the Argentinian truth commission (TC) accounts for the dictatorship’s state-violence, and how international law is implicated in the making of this account. It argues that the TC’s account draws on the authority of international law to establish the unlawfulness of the dictatorship’s state-violence. In turn, the TC subjects the meaning and interpretation of the dictatorship’s state-violence to a Eurocentric/Anglo-American lawfulness embedded in, and mobilized by, international law in the late-Cold War. To examine this, the article re-reads the Prologue to the TC’s Report as a literary text that does international legal work, harnessing the authority of international law in a way that has enabled the TC to deploy an authoritative, internationally acceptable, account of the unlawfulness of the dictatorship’s state-violence. This reading is based on original archival research, on scholarship in the fields of ‘law and literature’ and the history and theory of international law.
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Mengjo, Keneth. « Dilemmas over individual and state responsibility for violations of international humanitarian law ». Medjunarodni problemi 56, no 4 (2004) : 345–69. http://dx.doi.org/10.2298/medjp0404345m.
Texte intégralRésumé :
This paper attempts an explanation to some of the complex legal issues surrounding the whole concept of responsibility for violations of international humanitarian law. The arguments here are based on reflections on the draft articles on the responsibility of states for the violations of international humanitarian law adopted by the international law commission as well as opinions of experts on the subject, treaties, conventions international jurisprudence, and internationally recognized principles and customs that govern conduct in armed conflicts so as to limit human suffering particularly of non combatants.
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Macsim, Cristian. « Legal Person Subject to Civil Law ». Logos Universality Mentality Education Novelty : Law 9, no 1 (12 décembre 2021) : 13–23. http://dx.doi.org/10.18662/lumenlaw/9.1/52.
Texte intégralRésumé :
The legal person, now a distinct institution in its own right, regulated as such in the Romanian Civil Code, is the result of a long process of modernisation of Romanian legislation, but also of its harmonisation with international regulations which unanimously recognise the legal person as a subject of law. The notion of legal person was born in private law and has been and is used in all branches of law. Legal persons are distinct subjects in civil law or commercial law legal relationships. The legal person is a subject of law with a wide scope in the legal circuit. Commercial companies, autonomous companies, companies, are participants as legal persons in private law relationships. Legal persons are the entities provided for by law, as well as any other legally-established organisations which, although not declared by law to be legal persons, fulfill all the conditions provided for by the Civil Code and the relevant legislation. The present article aims to present the specific rules for the establishment and functioning of a legal person, as well as issues related to classifications and constituent elements, and to their liability for legal acts or deeds performed.
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Malichenko, V. S. « The Rise of International Health Law ». Moscow Journal of International Law, no 4 (31 janvier 2022) : 6–20. http://dx.doi.org/10.24833/0869-0049-2021-4-6-20.
Texte intégralRésumé :
INTRODUCTION. Over the past decades under the influence of demographic processes, economic shocks, morbidity increase and other systemic problems a whole spectrum of threats to health has gradually formed at the international level, characterized by severe socio-economic consequences for each country regardless of the welfare level. Today, the challenges of ensuring universal coverage of services, access to safe, quality medicines, control of health care costs, effective response to health emergencies, antibiotic resistance are not limited by the WHO regulations, but are included in the agenda of the UN, ILO, FAO and other intergovernmental organizations. The need to form a unified approach to regulate activities of numerous participants in international healthcare regulation has served as an incentive for the gradual development of international legal regulation of the field of health protection, becoming the subject of study by leading legal scholars, as well as international organizations. The presented article provides a comprehensive analysis of the main historical stages in the development of international cooperation in the field of health protection, which served as the basis for the formation of international health law in the field of health protection as a new branch of international law. Special attention in the article is paid to the assessment of the role of globalization processes in changing the nature of threats to human and public health and their impact on the formation of global health governance concept. Based on the systemic problems that emerged during the COVID-19 pandemic, the author formulated the main directions for improving the international legal regulation of the health sector.MATERIALS AND METHODS. During article preparation the following document were studied: acts of a universal and regional nature, resolutions of international organizations, legal positions of UN specialized agencies, as well as professional scientific associations. The theoretical basis of the research are the scientific works of national and foreign scientists in the field of international law and international relations in the field of health protection. The article was prepared using the general scientific method of cognition, including the formal logical and situational method and private law methods, such as comparative, historical and formal legal methods.RESEARCH RESULTS. Within the framework of the study, a conclusion was formulated about the formation of "international health law" as a new branch of international law, uniting international legal norms and principles governing the relations of subjects of international law, as well as other participants in international relations in the field of human health. In the work, the author presents the main sources of "international health law" and formulates the subject of regulation of this branch of law.DISCUSSION AND CONCLUSIONS. Describing the features of international cooperation in the field of health protection, expressed in an increase in the number of involved international organizations and other participants which are not subjects of international law, the author substantiates the formation of the concept of global health management and analyzes the main scientific publications in this area. Having studied the nature of health threats that have formed over the past decade under the influence of globalization processes, as well as the systematic problems of international cooperation demonstrated by the coronavirus pandemic, the authors emphasize the need to implement the repeatedly proposed initiative to develop a universal act that forms the basis of international legal regulation of health protection.
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Poulsen, Lauge, et Michael Waibel. « Boilerplate in International Economic Law ». AJIL Unbound 115 (2021) : 253–57. http://dx.doi.org/10.1017/aju.2021.33.
Texte intégralRésumé :
Boilerplate treaty provisions are identical or nearly identical terms that reflect settled legal language in treaties with different states parties. They are often taken from model treaties or templates and reflect non-negotiated “default rules” or rules that emerged in international practice, rather than individually tailored provisions adapted to the circumstances of the specific contracting parties. Although widespread in international economic law, boilerplate provisions have not been subject to much scrutiny, unlike their distant cousins in contract law. This essay highlights drivers and functions of boilerplate in international economic law along with core expectations from rationalist and behavioral approaches. Boilerplate can provide efficient solutions to international economic problems, for instance by reducing contracting costs, and provide bargaining leverage in asymmetric negotiations. Yet boilerplate can also result in unintended and unwanted consequences, such as when drafters fail to carefully consider “default” provisions or have an excessive preference for the status quo.
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Załucki, Krzysztof. « Extraterritorial Jurisdiction in International Law ». International Community Law Review 17, no 4-5 (22 octobre 2015) : 403–12. http://dx.doi.org/10.1163/18719732-12341312.
Texte intégralRésumé :
Application of internal law by a state beyond its own territory is an extraordinary action in international law. It requires not only a solid justification but is also subject to many restrictions. It often comes to conflicts against this background that is why extraterritorial jurisdiction is considered as a dangerous but yet an effective instrument of foreign politics. The article not only provides a concise definitions of extraterritoriality but also points to its acceptable bases (liaisons) and restrictions. Moreover, a review of interesting, representative doctrine stances has been done. Controversies and dangers related to the discussed institution are explicitly emphasized. In contrast, the selected examples of conflicts resulting from extraterritorial application of internal law will be discussed in the upcoming second part of the reflections. The entire article is not meant to be a comprehensive overview but rather a basis for a more detailed analysis and discussion.
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Rikhof, Joseph, et Ashley Geerts. « Protected Groups in Refugee Law and International Law ». Laws 8, no 4 (22 octobre 2019) : 25. http://dx.doi.org/10.3390/laws8040025.
Texte intégralRésumé :
The 1951 Convention Relating to the Status of Refugees (“Refugee Convention”) defines ‘persecution’ based on five enumerated grounds: race, religion, nationality, membership of a particular social group, and political opinion. This list of protected groups has not changed in the nearly 70 years since its inception, although the political and social context that gave rise to the Refugee Convention has changed. This article examines how ‘membership in a particular social group’ (“MPSG”) has been interpreted, then surveys international human rights law, transnational criminal law, international humanitarian law, and international criminal law instruments to determine whether MPSG can encompass the broader protections afforded under other international law regimes. It concludes that the enumerated grounds are largely consistent with other instruments and protects, or at least has the potential to protect, many of the other categories through MPSG. However, as this ground is subject to domestic judicial interpretation and various analytical approaches taken in different countries, protection could be enhanced by amending the Refugee Convention to explicitly include additional protected groups from these other areas of international law, specifically international human rights law and international criminal law.
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Shachor-Landau, Chava. « The International Legal Personality of the EEC and its Treaty-Making Power ». Israel Law Review 20, no 2-3 (1985) : 341–61. http://dx.doi.org/10.1017/s0021223700017672.
Texte intégralRésumé :
The second half of the twentieth century is witnessing a tremendous development of the concept of international organizations as “subjects” of international law. These “subjects” are endowed with international legal personality and with powers—express or implied—to achieve their declared objectives.The corner-stone to this new edifice was erected as long ago as 1949 by the International Court of Justice in its Advisory Opinion on Reparation for Injuries Suffered in the Service of the United Nations. The Court examined the purposes and principles set out in the Charter of the U.N. and concluded that the Organization is an international person.… [I]t is a subject of international law and capable of possessing international rights and duties, and… it has capacity to maintain its rights by bringing international claims.… . Under international law, the Organization must be deemed to have those powers which, though not expressly provided in the Charter, are conferred upon it by necessary implication as being essential to the performance of its duties.