State of the Art: The Duty to Obey the Law
In: Legal Theory, Band 10, S. 215-59
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In: Legal Theory, Band 10, S. 215-59
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In: International Humanitarian Law Ser
In: International Humanitarian Law Series Volume 50
Intro -- Holding UNPOL to Account: Individual Criminal Accountability of United Nations Police Personnel -- Copyright -- Contents -- Foreword -- Acknowledgements -- List of Cases -- List of Treaties -- Acronyms -- 1 Introduction -- 1 The Issue -- 2 The Evolution of UN Peace Operations -- 3 The Scope of This Work -- 4 Issues Outside the Scope of This Work -- 5 Structure -- 6 Definitions and Clarifications -- 7 Conclusion -- 2 UN Police in Peace Operations -- 1 The Evolution of the Functions of the UN Police in UN Peace Operations -- 1-1 The Creation of the Institution of the UN Police -- 1-2 Post-cold War -- 1-3 From Monitoring to Reform -- 1-4 Multi-dimensional Policing -- 1-5 Executive Policing -- 1-6 Formed Police Units -- 1-7 A Holistic 'rule of law' Approach -- 2 The Growth in Size of the UN Police -- 3 Ensuring the Deployment of the Required Types of Personnel -- 3-1 Expertise Required of UN Police Officers -- 3-2 Personal Qualities Required -- 3-3 The UN's Efforts in Securing Adherence to the Required Criteria -- 4 Conclusion -- 3 Evidence of the Commission of Crimes by UN Police -- 1 Findings Regarding Particularized Allegations -- Misconduct Entries over Time -- Nature of Alleged Crimes -- Nationality of Suspects -- Prosecution -- 2 Possible Patterns of Criminal Conduct -- 2-1 Evidence of the Scale of Wrongdoing -- 2-2 Nature of Alleged Criminal Offences -- 2-3 Analysis in Relation to the Sending State -- 2-4 Possible Reasons for the Patterns -- 3 Evidence of Prosecution -- 4 Conclusion -- 4 Current UN Machinery for Collecting Information Regarding Alleged Crimes for Domestic Criminal Proceedings -- 1 Benchmarks -- Benchmark 1 -- Benchmark 2 -- Benchmark 3 -- Benchmark 4 -- 2 Evolution of the Approach to, and the Mechanisms for, Dealing with Criminal Misconduct -- 3 Analysis of the Mechanisms' Performance -- Benchmark 1 -- Benchmark 2.
In: European journal of international law, Band 33, Heft 3, S. 729-759
ISSN: 1464-3596
Abstract
This article examines critical approaches to liberal internationalism in international law. It argues that, despite ongoing disavowals of the liberal international legal order, most critical international lawyers are yet to let go of liberal vocabularies in order to re-imagine how order might be constituted anew. The article proposes a disordering critique of international law. Disordering international law comprises a process of reflective discernment. Through this process, norms, conventions and principles are determined with reference to a multiplicity of spatial and temporal orders and reframe any understanding of how legal order is constituted internationally. Drawing from the concept of non-duality proposed by Ratna Kapur and the writings of Justice Cançado Trindade, it then conceptualizes a disordering sensibility. Scholars embarking on international legal disordering would ask: how do I understand the arrangement or disposition of people or things in relation to each other? How is 'order' determined as a result? What sequence, pattern or method am I imposing and how does that affect any characterization of 'legal' ordering? Whose knowledge is included, whose knowledge is excluded and why? The analysis, however, does not stop there. The further and final questions to ask are: how does this change any conception of legal ordering that remains central to the practice of international law? And how might we begin to conceptualize that order and practice differently? The return to practice provides a path towards change, which the article argues is urgently needed. I commence with some answers to these questions and hope to open a space for further disordering, premised on a turning away from dominant liberal frames.
In: The Denver journal of international law and policy, Band 4, S. 237-256
ISSN: 0196-2035
In: IMF Working Paper WP/15/147
In: IMF Working Papers v.Working Paper No. 15/147
Sustainable public debt has gained renewed attention as countries implement fiscal consolidation measures in the aftermath of the global financial crisis. Sound public debt policies and debt management practices require robust legal underpinnings. Complex legal issues however arise in the design of the legal framework, and tradeoffs are required in many instances. This paper analyzes key features of modern public debt management legal frameworks, drawing from examples in advanced, emerging, and frontier markets. It aims to provide guidance for countries that seek to review and strengthen their
In: American journal of international law: AJIL, Band 73, Heft 1, S. 169-169
ISSN: 2161-7953
In: Gosudarstvo i pravo, Heft 12, S. 97
The authors of the article attempt to make a legal understanding of the processes characterizing the modern stage of the development of the science of Information Law in the context of digital transformation and formation at the Institute of State and Law of the Russian Academy of Sciences on the basis of the direction that emerged at the end of the last century from Administrative Law and headed by Illaria L. Bachilo. The contribution of I.L. Bachilo in substantiating this new scientific direction not only in the ISL of the RAS, but also in the entire post-Soviet space is difficult to overestimate.
The continuity of I.L. Bachilo's scientific activity is acutely felt at the traditional international conferences on the problems of Information Law held in memory of her, called "Bachilo's readings". These scientific events are not just of a memorial nature, but are an impulse to pose new problems and identify new areas of scientific research, attract both venerable and young scientists, and contribute to the development of the scientific school of Information Law.
Currently, there is an increasing tendency not only to continue scientific research in the information sphere, but also to significantly expand the regulatory landscape in the field of allocating a separate institution in Information Law – Digital Law. New vectors and priorities of scientific research in the science of Information Law are becoming institutionalization processes associated with the active regulation of individual information, including digital technologies
In: Comparative Law Review, Band 10, Heft 2019
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In: Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, Heft 109, S. 22-26
The article examines some issues of legal support of political advertising during the process of election, but is not limited to it, as well as how they affect the outcome of elections. In this study comparative, observation, dynamical analogies, analysis methods are used. The author compares the current legislation of Ukraine and the legislation of a number of other European countries and identifies their common and distinctive features.
Special attention is given to the political advertising law of Poland, as its closest neighbour. Also, the legislation of France, Germany and Great Britain is examined. The article underlines their main differences. Partial and systematic violations of advertising legislation during the electoral process and during the period between the elections are also identified.
The article also shows that the issue in question is not fully studied by legal scientists. The research, in particular, emphasises on the lack of comprehensive definition of political advertising and its legal regulation during the period between the elections. The article draws attention to the incorrectness in law legal regulation of political advertising by the laws regulating commercial advertising. The legal acts, that influence the results of elections are specified, in particular, the author pays attention to the state budget funding for political parties. Reducing Government expenditure can preserve the principle of absolute equality among political actors, so they could participate constructively in the elections. The best thing to do considering the circumstances is to adopt a new law on political advertising or to to amend the existing Act, that regulates advertising in general. As a result, it is proved that political advertising is not limited to the electoral process and must be governed by legislation. The article also states that any law in this area also should comply with international law, especially with acts adopted by the European Union.
International crimes, such as crimes against humanity, genocide and war crimes, are committed by individuals. However, individuals rarely commit such crimes for their own profit. Instead, such crimes are often caused by collective entities. Notable examples include the 'dirt war' in Argentina in the 1970s and 1980s, the atrocities committed during the Balkan Wars in the early 1990s and the crimes committed during the ongoing armed conflicts in the Darfur area in Sudan. Referring to Darfur, the Prosecutor of the ICC noted in 2008 that, although he had indicted a few individuals, 'the information gathered points to an ongoing pattern of crimes committed with the mobilisation of the wohle state apparatus' ... (Quelle: Text Verlagseinband / Verlag)
In: OECD Competition Policy Roundtables, June 2011
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In: International journal of refugee law, Band 19, Heft 4, S. 609-638
ISSN: 1464-3715
In: U.S. news & world report, Band 84, S. 55-56
ISSN: 0041-5537
In: Virginia Public Law and Legal Theory Research Paper No. 2023-69
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