Of Custom, Treaties, Scholars and the Gavel: The Influence of the International Criminal Tribunals on the ICRC Customary Law Study
In: Journal of conflict and security law, Band 11, Heft 2, S. 239-264
ISSN: 1467-7954
194165 Ergebnisse
Sortierung:
In: Journal of conflict and security law, Band 11, Heft 2, S. 239-264
ISSN: 1467-7954
In: (2016) 69 Current Legal Problems.
SSRN
In: International Journal of Legal Information, Band 40, Heft 1-2, S. 134-145
SSRN
In: International legal materials: ILM, Band 24, Heft 2, S. 269-291
ISSN: 1930-6571
In: Mamata, K. (2014) The settlement of international water disputes a legal perspective. Asian Journal of Development Matters, 8 (2). pp. 152-164. ISSN 0976-4674
Water is essential for life, yet 884 million people across the globe lack access to clean water supply, partly due to lack of regional availability of water resources and partly due to the inability of the relevant governments to provide potable water for all. Although water has been internationally recognized as a fundamental human right. International water refers to a watercourse or a water body parts of which are situated in different states (nations). The International water law deals with various rules for settlement of International water disputes. Man has been utilising these international watercourses since ages for various purposes like drinking, household uses, irrigating fields, navigation, etc. Here the relevance and role of judicial and arbitral decisions in developing international water law to promote cooperation over shared transboundary watercourses.
BASE
In: Illinois Public Law Research Paper No. 13-46
SSRN
Working paper
The creation of corporate group became one significant economic phenomenon in our modern society. In France as well as in China, this phenomenon is acknowledged in the different ways by the various branches of law. It is taken into consideration by the company law, the accounting law, the tax law, the financial law, the labour law, the competition law and even by the criminal law. In each country, the ways of acknowledgement of the corporate group are not identical, due to the difference of the objectives that the various branches of law attempt to realize. The establishment of one special law for the corporate group, which recognizes its unified legal status, appears to be improper. Up to now, the corporate groups have not yet been perfectly described in legal terms, and do not constitute a solid legal conception. The legislation of one corporate group law seems to be impossible, unless a fundamental revision of the current company law were realized. In order to avoid the ignorance of the economical reality of the corporate group by the law, it is better to proceed to the adjustment of the currently effective legal provisions. In this respect, the French law constitutes one model to be followed by the Chinese law. The latter could, through the legal reforms in the future, be inspired by the legal and judicial rules of the French law, which seeks to preserve not only the economical vitality of the corporate group, but also the balance of the conflicting interests of the stakeholders. With regard to the relations between the majority shareholders, the minority shareholders and the corporate directors, the French law comes to demonstrate that traditional rules of the company law, after adaptation, are normally sufficient to resolve the problems incurred within the corporate group. Furthermore, the French legal provisions appear capable to maintain a balanced solution related to the group's responsibility vis-à-vis the creditors (employees included). This balance is ensured in French law by a series of classical ...
BASE
The creation of corporate group became one significant economic phenomenon in our modern society. In France as well as in China, this phenomenon is acknowledged in the different ways by the various branches of law. It is taken into consideration by the company law, the accounting law, the tax law, the financial law, the labour law, the competition law and even by the criminal law. In each country, the ways of acknowledgement of the corporate group are not identical, due to the difference of the objectives that the various branches of law attempt to realize. The establishment of one special law for the corporate group, which recognizes its unified legal status, appears to be improper. Up to now, the corporate groups have not yet been perfectly described in legal terms, and do not constitute a solid legal conception. The legislation of one corporate group law seems to be impossible, unless a fundamental revision of the current company law were realized. In order to avoid the ignorance of the economical reality of the corporate group by the law, it is better to proceed to the adjustment of the currently effective legal provisions. In this respect, the French law constitutes one model to be followed by the Chinese law. The latter could, through the legal reforms in the future, be inspired by the legal and judicial rules of the French law, which seeks to preserve not only the economical vitality of the corporate group, but also the balance of the conflicting interests of the stakeholders. With regard to the relations between the majority shareholders, the minority shareholders and the corporate directors, the French law comes to demonstrate that traditional rules of the company law, after adaptation, are normally sufficient to resolve the problems incurred within the corporate group. Furthermore, the French legal provisions appear capable to maintain a balanced solution related to the group's responsibility vis-à-vis the creditors (employees included). This balance is ensured in French law by a series of classical ...
BASE
In: Humanitäres Völkerrecht: Informationsschriften ; HuV-I = Journal of international law of peace and armed conflict, Band 18, Heft 1, S. 29-37
ISSN: 0937-5414
World Affairs Online
This Article examines the development of the International Criminal Court, outlines the positions of and disagreements between Britain and the United States concerning the ICC, and analyzes the specific objections to the ICC raised by the United States. In this discussion, the Article argues that the contrasting positions of Britain and the United States toward the ICC can be understood in terms of each nation's differently configured perception of its own sovereign power. For various reasons, Britain's sovereignty is tested most acutely by its relationship with the European Union, while the United States feels its sovereignty encroached primarily by its relationship with the United Nations. Britain and the United States share a commitment to constitutionalism and this commitment has grounded Anglo-American support for international war crimes tribunals in the past. In the end, the ICC raises the question whether constitutionalism is a domestic or a universal conception.
BASE
The article considers environmental law policy as a component, an independent type of national legal policy, as well as state and sectoral environmental policy. The existence of correlative, mutual influence of ecological and legal doctrine on formation of the corresponding policy is proved. It is substantiated that the ecological and legal legal doctrine significantly influences the current state of the state ecological policy (and this influence is mutual), formation of the ecological legislation and integration of Ukraine into the European legal space. It was stated that Ukraine first of all needs to intensify law-making, modernize the provisions of the environmental and legal doctrine, based on the concepts of which will be revised, updated provisions of public policy, legal understanding, and hence law enforcement. Further institutionalization of the basic provisions of the ecological and legal doctrine in the legislation becomes a necessary condition for the further development of law-making and statehood. It is emphasized that the use of environmental and legal doctrine will speed up the lawmaking process, in particular due to the adaptation of regulations to European standards; formulate legislative definitions that will gradually become an important part of environmental regulations; develop a "road map" for the development of environmental policy and legislation, etc. It is emphasized that the current state of the legal system requires a fuller use of the lawmaking potential of environmental law doctrine and the implementation of its main functions – stabilizing, guiding, heuristic, rule-making, evaluative and prognostic. Therefore, it is expedient to apply the ecological and legal doctrine as a methodological platform of the ecological and legal policy. The necessity of developing concepts of systematization of the ecological legislation, and also legal policy is proved.
BASE
Since the 1960s, recurring cycles of political activism over youth crime have motivated efforts to remove adolescents from the juvenile court. Periodic surges of crime – youth violence in the 1970s, the spread of gangs in the 1980s, and more recently, epidemic gun violence and drug-related crime – have spurred laws and policies aimed at narrowing the reach of the juvenile court. Despite declining juvenile crime rates, every state in the country has increased the number of youths tried and punished as adults. Research in this area has not kept pace with these legislative developments. There has never been a detailed, sociolegal analytic book devoted to this topic. In this important collection, researchers discuss policy, substantive procedural and empirical dimensions of waivers, and where the boundaries of the courts lie. Part 1 provides an overview of the origins and development of law and contemporary policy on the jurisdiction of adolescents. Part 2 examines the effects of jurisdictional shifts. Part 3 offers valuable insight into the developmental and psychological aspects of current and future reforms. ; https://scholarship.law.columbia.edu/books/1056/thumbnail.jpg
BASE
In: Gosudarstvo i pravo, Heft 1, S. 195-200
In: Salgaocar Law Review, Band V
SSRN
In: Washington Law Review, Band 92, S. 1473-1513
SSRN