Suchergebnisse

The United Nations, its premises and personnel are increasingly present in the theatre of armed conflict across the globe. During armed conflict, un humanitarian agencies are now more likely to stay or arrive and deliver than to evacuate.1 Parties to an armed conflict may fight in close proximity to un premises. Today, from the Gaza Strip to South Sudan to Syria, during armed conflict thousands of displaced civilians seek shelter in un premises and the protection of the blue un flag, which is perceived to give better protection than fundamental principles of international humanitarian law (ihl).2
What is the legal framework for protection offered by the un flag to un humanitarian premises, including to displaced civilians they may shelter during armed conflict? To use the language of State responsibility, this paper considers the relevant primary obligations of ihl and un law, how a possible conflict between those primary obligations is resolved, and then considers the legal consequences of a breach of the relevant primary obligation in accordance with the secondary rules of the law of State responsibility. Thus, the paper addresses four questions:
(1)What protection does international humanitarian law and international criminal law provide to un humanitarian operations, in particular un premises?
(2)What protection does United Nations law provide to un humanitarian operations, in particular un premises?
(3)What if there is a conflict between United Nations law and ihl?
(4)In case of a violation of United Nations law protecting un premises, could there be circumstances precluding wrongfulness under the law of State responsibility?

The typographical tribunal -- Precarious evidence : Sojourner Truth and the Matthias scandal -- Eyewitness to the cruelty : Frederick Douglass's 1845 narrative -- Talking lawyerlike about law : black advocacy and my bondage and my freedom -- Representing the slave : white advocacy and black testimony in Harriet Beecher Stowe's Dred -- The South's countersuit : William Maccreary Burwell's White acre vs. Black acre

In the academic year 1939–40, it would have taken a hardy prophet to forecast that the field of international legal studies was destined soon to become a major growing point in American legal education. Yet, for that reason and because it was the last year before World War II registered its impact on law school faculties, students, and even curricula, it provides a useful baseline from which to measure the developments that have since been taking place in this field among American law schools.The law school work offered in 1939–40 which could be fitted within the category of international legal studies was represented by courses and seminars in International Law, Comparative (and Roman) Law, and Conflict of Laws. A brief survey of these offerings will lay bare the grounds for pessimism as to the prospects for progress at that time.

The general course in Public International Law has not traditionally been considered a "black letter law" subject along the lines of the legislation and case law based domestic law subjects in most Australian Law School curricula. Despite the general acceptance among international law educators that international law is much more than simply a set of rules, teaching methods in the subject, at least in Australia, have rarely focused on the actual practices of international law, particularly the peculiarities of the process of international law making. Indeed, a clinical international legal education program has yet to be developed anywhere in Australia. This lack of attention to teaching about the making of international law poses a particular problem in the area of multilateral treaty making. Treaties are one of the four major formal sources of international law and, increasingly, are seen as the most significant component of the international legal order. An understanding of the principles of treaty law is fundamental to any analysis of the substantive provisions of an individual treaty and therefore indispensable to any student of international law. Yet, the methods and processes by which treaties emerge remains relatively unexplored in the discipline. This can be contrasted with scholarly activity in domestic law where "emergence studies" into national legislation is a thriving field.

For a certain category of persons in particular cases legislator provides for a special procedure of criminal proceedings as well as mandatory participation of a defender (Article 52, The Code of Criminal Procedure) to create additional person defense guarantees in criminal proceedings. The article is devoted to study of problem aspects of legislative regulation of defense mandatory participation in criminal proceedings. The importance of defense mandatory participation is emphasized as rendering legal aid to a person in criminal proceedings.
This article is devoted to study the importance of the mandatory participation of a defender in criminal proceedings and on the basis of obtained data, with due consideration of international standards of human rights protection in criminal proceedings, to submit substantiated author's proposals as regards the expansion of the circle of grounds for the mandatory participation of a defender in Ukrainian criminal proceedings.
Within the topic of study we analyzed criminal procedural legislation in force, research works in this area, decisions of European Court oh Human Rights, aiming to reveal deficiencies in law and submit author's proposals as regards their elimination.
According to normative sense of Article 52, The Code of Criminal Procedure of Ukraine, the article gives classification of the grounds for mandatory participation of a defender depending on: 1) consideration of severity of a crime; 2) consideration of personal data of a defendant held criminally liable; 3) peculiarities of criminal proceedings.
Proposals are presented aimed to improve legislative regulation of Ukrainian criminal procedural law. It is proposed to add one more reason connected to the circumstance that the defendant denies suspicion against him/her and/or denies his/her guilt in commission of criminal offense. The proposal consists in addition to Article 52, Part 2, The Code of Criminal Procedure of Ukraine of new Item 10 postulating the mandatory participation of a defender in criminal proceedings against persons who deny a suspicion as specified in Suspicion Notice on deny pleading guilty at court session.

Shipping list no.: 88-460-P. ; Cover title. ; Mode of access: Internet.

Shipping list no.: 87-536-P. ; Cover title. ; Mode of access: Internet.