Suchergebnisse

2.1.1 A passing away of the rules of neutrality?2.1.2 Complicity, solidarity and good faith; 2.2 Public interest norms; 2.2.1 The effects of jus cogens; 2.2.2 Obligations erga omnes as obligations for third States?; 2.2.3 Developments in the law of State responsibility; 3 Conclusion; 3 Complicity and the international rule of law; 1 The international rule of law; 1.1 Preliminary issues; 1.2 Individualism or dédoublement fonctionnel?; 1.3 The material completeness of the international legal order; 1.4 The 'climatic' function of the rule of law; 2 The principle of abuse of rights.

AbstractThis article explores the relationship between precision attack and international humanitarian law. It begins by addressing the nature of precision attack, including precision technologies, the combat environment in which it occurs, attacker tactics, and the targeting process. Modern precision attack's greatest impact on international humanitarian law lies in four areas: indiscriminate attack; proportionality; precautions in attack; perfidy and protected status. The author concludes that precision warfare has both positive and negative implications for the interpretation and application of international humanitarian law on the twenty-first-century battlefield.

AbstractComparison is a very common tool for international lawyers. In fact, international law is built around, and draws upon, constructions necessitating an exercise of comparison. In recent years, however, calls have been made to turn the familiar tool of comparison into a central way to engage with international law. This is the idea of those spearheading the rise of a new field called comparative international law. This article critically examines the promotion of comparison as a central mode of engagement with international law and scrutinizes some of the main features of the comparativist project. It particularly shows that the comparativist project, far from laying bare the plurality of international legal thought and practice, enables a thought-colonizing enterprise. The article ends with some reflective observations on the possibility of limiting colonizing thinking in international legal studies. In doing so, it argues that it must remain possible for international lawyers to engage with alterity in a way that does not unilaterally manufacture the "other," silence it, and speak on its behalf. This approach is called counter-comparability.

Interpretation of UNCLOS Article 121 and Itu Aba (Taiping) in the South China Sea Arbitration Award / Myron H. Nordquist and William G. Phalen -- Potential Global Economic Impacts of Ocean Acidification / Stephen A. Macko, Christina Fantasia and Guifang (Julia) Xue -- Legal Problems of the Northern Sea Route Exploitation: Brief Analysis of the Legislation of the Russian Federation / Tatiana Sorokina and William G. Phalen -- IMO and the Arctic : Developments since Bergen in 2014 / J. Ashley Roach -- Arctic Continental Shelf of the Russian Federation beyond 200 Nautical Miles : Initial Prospect of Sustainable Regulation / Rustambek M. Nurimbetov -- The Legal Framework for High Seas Fisheries in the Central Arctic Ocean / Tomas Heidar -- Arctic Ocean Fisheries and Korea / Jee Hyun Choi -- Conservation of Marine Living Resources in the Central Arctic Ocean : Five Arctic Coastal States' Initiatives / Jianye Tang -- The Forthcoming Breakthrough: China's Legislation on Activities in the Deep Seabed Area / Jiancai Jin and Guobin Zhang -- The Due Diligence Obligation of a Sponsoring State : A Framework for Implementation / Elana Geddis -- The Grey Area in the Bay of Bengal Case / Jin-Hyun Paik -- Separate Lines: Challenges and Opportunities of Differentiated : Seabed and Water Column Boundaries / Leonardo Bernard and Clive Schofield -- Particularly Sensitive Sea Areas beyond National Jurisdiction : Time to Chart a New Course? / David Freestone and Viva Harris -- The Antarctic Whaling Case and the International Law on the Regulation of Whaling / Dan Liu.

This Edition is Out of Print, please see the 3rd edition of 2015 (9789004288676): https://brill.com/view/title/27170 This volume contains the second edition of a selection of documents that are basic to the work of the Tribunal, in parallel presentation in English and French. It reproduces the following documents: - the Statute of the Tribunal; - the Rules of the Tribunal as amended; - the Resolution on the internal judicial practice; - the Guidelines concerning the preparation and presentation of cases; - the 1982 United Nations Convention on the Law of the Sea; - the Agreement relating to the Implementation of Part XI of the Convention on the Law of the Sea; - the Agreement on the Privileges and Immunities of the Tribunal. In addition, it also contains the 1995 Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, as well as an index to the documents published, in English and French. *** Ce volume contient la deuxième édition d'un ensemble de documents de base du Tribunal en langues anglaise et française, présentés dans une édition bilingue. Il s'agit des documents suivants : - le Statut du Tribunal; - le Règlement du Tribunal tel qu'amendé; - la Résolution sur la pratique en matière judiciaire; - les Lignes directrices concernant la préparation et la présentation des affaires; - la Convention des Nations Unies sur le droit de la mer de 1982; - l'Accord relatif à la mise en œuvre de la Partie XI de la Convention sur le droit de la mer; - l'Accord sur les privilèges et immunités du Tribunal. Le volume contient en outre le texte de l'Accord conclu en 1995 aux fins de l'application des dispositions de la Convention de Nations Unies sur le droit de la mer du 10 décembre 1982 relative à la conservation et à la gestion des stocks de poissons dont les déplacements s'effectuent tant à l'intérieur qu'au-delà de zones économiques exclusives (stocks chevauchants) et des stocks de poissons grands migrateurs, ainsi qu'un index des documents reproduits, en langues anglaise et française

Ulayat right is a right that is given a magical aspect as a threatening force and can sanction as a basis of legitimacy of control over a territory or a plot of land called ulayat land. Ulayat Land is a plot of land that belongs to a group of people in a region. Although the customary law community has full customary authority to control, cultivate and utilize its ulayat land, but its formal juridical authority is not as strong as that of the State. The position of indigenous and tribal peoples is ultimately acknowledged conditional through various state regulations issued by the Government as in the Basic Agrarian Law Number 5 of 1960 Article 3. The conditional recognition that indigenous and tribal peoples can be recognized throughout 1) in reality Still exist, 2) in harmony with the times, 3) in accordance with national interests, 4) confirmed by local regulations. Such conditional recognition directly or has strengthened the State's domination of the rights possessed by society, it means that indigenous and tribal peoples will always be defeated when faced with state to defend their rights. The consequences of such an imbalance will clearly affect the role of indigenous and tribal peoples in the management and utilization of their ulayat land.

The financial crisis of 2007-08 saw a marked increase in global shipping disputes that is still being felt today. In recent decades, arbitration has emerged as the dominant choice of dispute resolution in the global shipping industry, with the establishment of major maritime arbitration centres in London and New York, and the recent emergence of new centres such as Singapore and China. At the same time, the immense advances that have been made and continue to be made in engineering, technology, and communications have led to the emergence of innumerable new trade practices, common understandings, and usages within which goods are carried by sea across the world, but which, because of the widespread use of alternative fora for dispute resolution, may be invisible to and unrecognized by domestic laws. This book asks: What are the implications of widespread use of arbitration for the continued development of shipping law? Are national laws on shipping destined to become ossified and obsolete? Is a new lex maritima emerging? And, most importantly, what is the role of the arbitral process in the evolution of shipping law? --Book jacket

A high quality environment is coming to be regarded as a necessary prerequisite for the enjoyment of some of the most fundamental human rights, including the rights to life and health. However, the precise recognition of a 'right to environment' has not yet been settled. The essays collected here address this and related questions from different perspectives.

Focussing on the interplay between rules of international law applicable in peacetime and rules applicable during armed conflicts, this contribution examines the impact on the jus post bellum. In this context certain specific legal obligations are discussed to answer the question whether and if so, how their application post-conflict may be affected by the peacebuilding process after the (former) armed conflict. Essential norms of the protection of victims during armed conflicts continue to be relevant for peace operations and post-conflict peacebuilding. This includes guiding principles and effective measures of control for operational detentions; law enforcement operations to secure the security and safety of peacekeepers; the protection of the environment and efforts to strengthen the role of States and international organizations as well as their accountability in post-conflict reconstruction. The author demonstrates that jus post bellum requires due diligence during military operations, responsible planning and precautions. He submits that post-conflict peacebuilding should be characterized by pragmatic limitation, conciliation and participation of the parties. This suggests certain deviations from peacetime principles and rules, deviations that may include certain limits of protection which will, however, be balanced out by the temporary nature of peacebuilding measures. While such interplay between the different branches of international law remains subject to changing situations, a few general principles are considered to be relevant for the jus post bellum. Even if codification remains difficult, further case-oriented research is encouraged to confirm general principles and rules of this important branch of international law.

"Supplement [p.3-48 at end] . present[s] references to current statutory law, to the later court decisions, and to distinctions in the earlier decisions that were not specifically discussed in the original publication." --Foreward for revised issue, dated June 1, 1942. ; Bibliographical foot-notes. ; Mode of access: Internet.

The main assumption behind this study is that the relationship between language and international law is particularly interesting due to the complexity and special nature of this relationship when compared to national law. The author focuses on some selected issues connected with the fact that from the legal point of view the multiplicity of languages in international law is an important factor affecting its interpretation. Due to this, apart from the issue of the dominant position of the English language in international law, the major focus of the study is on the specific problems associated with the interpretation of international treaties. The study suggests that there are certain intrinsic tensions and contradictions involved in the relationship between language and international law. The dominant position of English language in international law is at odds with the principle of sovereign equality laid down in the UN Charter, which entails equal opportunities for all nations to participate in the global legal discourse. Moreover, the interpretation of plurilingual treaties involves significant problems when it comes to the interpretation of authentic texts made in various languages, which need to be reconciled. In turn, the tensions between the meaning of terms used in international legal norms and their corresponding meaning in national legislation are addressed through the use of the autonomous method of interpretation. Moreover, considering the growing importance of the legitimacy of international law, the role of the language of international law in this context is also considered. The problems related to the problems of language in the context of international law outlined in this study confirm the need for further continuous and in-depth research in this field.