The Reception of Public International Law in Domestic Law
In: F. Chevrette and H. Marx, Constitutional Law: Fundamental Principles – Notes and Cases (by H.-R. Zhou, Thémis 2020)
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In: F. Chevrette and H. Marx, Constitutional Law: Fundamental Principles – Notes and Cases (by H.-R. Zhou, Thémis 2020)
SSRN
In: Proceedings of the ASIL Annual Meeting, Volume 114, p. 33-37
ISSN: 2169-1118
The Order of the International Court of Justice (ICJ) of January 23, 2020 on the Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar) might form a preliminary starting point for this brief address. The Order confirms that public international law defines through international treaties, customary international law, and general principles legally binding commitments and rights of states. As a matter of consequence, based upon those norms, judgments, orders, and awards of international courts and tribunals are legally binding on the parties to the dispute in question to the extent the adjudicating body has jurisdiction.
"Public International Law: A Multi-Perspective Approach is a comprehensive yet critical introduction to the diverse field of public international law. Bringing together a unique range of perspectives from around the world and from different theoretical approaches, this textbook introduces both the overarching questions and doctrines of public international law, and the specialized sub-fields. These include emerging fields such as international law in cyberspace, international migration law, and the international climate regime. The book includes numerous case examples, references to debates and controversies in the literature and focus sections addressing topics in more depth. Featuring an array of pedagogical features, including learning objectives, suggested further reading and resources, as well as QR codes to interactive exercises, this book is ideal for students studying this field for the first time, and also offers something new for students who would like to deepen their knowledge via a diverse and engaging range of perspectives"--
In: Developments in international law 70
In: Developments in International Law Ser. v.70
In: International and Comparative Law Quarterly, Vol. 60, Page 209 (January, 2011)
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In: Hart monographs in transnational and international law 7
World Affairs Online
In: The Canadian yearbook of international law: Annuaire canadien de droit international, Volume 20, p. 24-78
ISSN: 1925-0169
SummaryIn light of the numerous secessionist claims witnessed by the international community, it is of great interest to ascertain if international law provides for a right of secessionist self-determination. An analysis of treaty provisions encompassing the right of self-determination of peoples, namely the United Nations Charter and the Human Rights Covenants, suggests that the latter treaties consecrate an authentic right to secede. Such a right appears to be unhindered by any customary norm which would prohibit secession as a means of implementation of the right of self-determination of peoples, seeing that the practice of States is clearly divided on the issue of secession. It is submitted, however, that there is a need for more detached criteria with respect to the right of secession, its beneficiaries and its conditions of exercise and, consequently, for an acknowledgement, to the benefit of the international community as a whole, of the legitimacy of national affirmations and secessionist claims.
In: 26 UC Davis Journal of International Law and Policy 147 - 190 (2020)
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In: The international & comparative law quarterly: ICLQ, Volume 68, Issue 1, p. 225-242
ISSN: 1471-6895
AbstractThis article discusses the data embassy, a new international legal concept created in response to a pressing problem. In 2007, Estonia fell victim to 'distributed denial-of-service attacks' and consequently, made Estonia's entire public sector data communications network inoperable. Their response was to strengthen their protection against and penalization for cybercrime, and to develop the concept of a 'data embassy'. On 20 June 2017 the Republic of Estonia and the Grand Duchy of Luxembourg signed an 'Agreement on the hosting of data and information systems', to host Estonian data in Luxembourg. Such data embassies perform a unique function and benefit from many privileges and immunities, but their legal status has been unclear. This article addresses the question concerning the legal status of the premises of the data embassy.
In: Revue belge de droit international: publication semestrielle de la Société Belge de Droit International = Belgian review of international law = Belgisch tijdschrift voor internationaal recht, Volume 10, Issue 1, p. 11-35
ISSN: 0035-0788
What is international law? -- International law and the internal law of states -- Dispute settlement and compliance -- States and governments -- Individuals in the international legal system -- International organizations and other entities -- The allocation of competence among states : jurisdiction -- Regulation of spaces and shared resources -- The use of force