An Insecure Climate for Human Security? Climate-Induced Displacement and International Law
In: HUMAN SECURITY & NON-CITIZENS, A. Edwards & C. Ferstman, eds., Cambridge University Press, 2009
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In: HUMAN SECURITY & NON-CITIZENS, A. Edwards & C. Ferstman, eds., Cambridge University Press, 2009
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In: Harvard international law journal, Band 26, Heft 1, S. 271
ISSN: 0017-8063
In: STATE AND MUNICIPAL MANAGEMENT SCHOLAR NOTES, Band 1, Heft 1, S. 163-173
The article examines the main problems of the application of modern international humanitarian law (the law of armed conflicts) in the political aspect arising from the changing nature of wars. Due to significant gaps in the current legislation in the realities of modern wars, there is no effective mechanism for protecting civilians, political risks constantly arise that affect the system of diplomatic relations. The possibilities of international criminal courts are limited, because not all war crimes can be called to account. The extremely important principle of distinguishing combatants from the civilian population involved in an interstate or internal military conflict is not always respected.
In: Chicago Journal of International Law, Forthcoming
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In: International journal of economic policy in emerging economies: IJEPEE, Band 10, Heft 4, S. 383
ISSN: 1752-0460
In: Conflict management and peace science: the official journal of the Peace Science Society (International), Band 26, Heft 2, S. 164-190
ISSN: 1549-9219
This paper explores the relationship between domestic legal systems and the design of commitments to the International Court of Justice (ICJ). Empirical analyses demonstrate that civil law states are more willing to recognize the compulsory and compromissory jurisdiction of the World Court than common law or Islamic law states. Common law states place the highest number of reservations on their optional clause declarations, with the majority of those restrictions relating to specific areas of international law. Civil law states typically embed compromissory clauses in multilateral treaties, while common and Islamic law states prefer recognition of the ICJ's jurisdiction through bilateral treaties. Adapted from the source document.
In: Umeå studies in law Nr. 37
This thesis takes its starting point from the need for a comprehensive approach towards justice following atrocities, and where not only the states in which the crimes were committed have a role to play. The thesis discusses atrocity crime (genocide, crimes against humanity and war crimes) prosecution and reparations procedures concerning individuals as two appropriate courses of action, through which non-territorial states may contribute to atrocity prevention and justice for the victims of atrocities. The analysis addresses whether, under international law, non-territorial states are allowed to, required to, or prohibited from facilitating prosecution and reparations procedures and includes an assessment of the extent to which international law relating to reparations fails to correspond to that applicable to prosecution. The implications of the lack of correspondence are analysed in light of the historical connection and separation of the two courses of action, the procedural and substantive legal overlaps between prosecution and reparations, and the underlying aims and functions of prosecution and reparations. The study covers a wide spectrum of international legal sources, most of them to be found in human rights law, humanitarian law and international criminal law. The study shows that while non-territorial states are included in both conventional and customary law as regards prosecution of atrocity crimes, the same cannot be said in relation to reparations procedures. This serious deficit and inconsistency in international law, is explained by the framing of reparations, but not prosecution, as a matter concerning victims and human rights, thereby leaving the enforcement of the rules to the discretion of each state. Reparation is also considered a private matter and as such falls outside the scope of the far-reaching obligations regarding prosecution. The study suggests taking further the responsibilities of non-territorial states in relation to atrocity crimes. Most urgently, measures should be considered that bring the legal space for reparations procedures into line with that for prosecution in, for instance, future discussions by human rights treaty-monitoring bodies and in the drafting of new international victims' rights, atrocity crimes or civil procedure instruments.
In: Bulletin of the World Health Organization: the international journal of public health, Band 80, Heft 12, S. 959-963
ISSN: 0042-9686, 0366-4996, 0510-8659
Topical Issues of International Space Law. An object of this research is the international space law and its relevant emerging problems. The first part of the work aims to describe the developments of international space law showing the circumstances of the time of the signature and the most important provisions. The second part of the work is designed for analysis of the legality of military activities or weaponization of space according to Outer Space Treaty. The unclear concepts are highlighted as causing problems. In the third part of the work author overviews the dangers of space debris and the legal problem of liability regime. The forth part focuses on legality and legal clarity of private space flights operated by private companies and liability regime. The fith part of the work analyses the legal problems of mining of natural resources in space according to Outer Space Treaty and Moon Agreement. At the end of the work the most important conclusions on research on the relevant problems in international space law are delivered. Author suggest few viable options on tackling these problems.
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Topical Issues of International Space Law. An object of this research is the international space law and its relevant emerging problems. The first part of the work aims to describe the developments of international space law showing the circumstances of the time of the signature and the most important provisions. The second part of the work is designed for analysis of the legality of military activities or weaponization of space according to Outer Space Treaty. The unclear concepts are highlighted as causing problems. In the third part of the work author overviews the dangers of space debris and the legal problem of liability regime. The forth part focuses on legality and legal clarity of private space flights operated by private companies and liability regime. The fith part of the work analyses the legal problems of mining of natural resources in space according to Outer Space Treaty and Moon Agreement. At the end of the work the most important conclusions on research on the relevant problems in international space law are delivered. Author suggest few viable options on tackling these problems.
BASE
Topical Issues of International Space Law. An object of this research is the international space law and its relevant emerging problems. The first part of the work aims to describe the developments of international space law showing the circumstances of the time of the signature and the most important provisions. The second part of the work is designed for analysis of the legality of military activities or weaponization of space according to Outer Space Treaty. The unclear concepts are highlighted as causing problems. In the third part of the work author overviews the dangers of space debris and the legal problem of liability regime. The forth part focuses on legality and legal clarity of private space flights operated by private companies and liability regime. The fith part of the work analyses the legal problems of mining of natural resources in space according to Outer Space Treaty and Moon Agreement. At the end of the work the most important conclusions on research on the relevant problems in international space law are delivered. Author suggest few viable options on tackling these problems.
BASE
Topical Issues of International Space Law. An object of this research is the international space law and its relevant emerging problems. The first part of the work aims to describe the developments of international space law showing the circumstances of the time of the signature and the most important provisions. The second part of the work is designed for analysis of the legality of military activities or weaponization of space according to Outer Space Treaty. The unclear concepts are highlighted as causing problems. In the third part of the work author overviews the dangers of space debris and the legal problem of liability regime. The forth part focuses on legality and legal clarity of private space flights operated by private companies and liability regime. The fith part of the work analyses the legal problems of mining of natural resources in space according to Outer Space Treaty and Moon Agreement. At the end of the work the most important conclusions on research on the relevant problems in international space law are delivered. Author suggest few viable options on tackling these problems.
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Working paper
In: Arctic review on law and politics, Band 3, Heft 2
ISSN: 2387-4562
The magnitude of rapid changes occurring in the Arctic have generated a further inquiry on the role of law and existing legal systems in meeting the many challenges that Northerners, Arctic indigenous peoples and their communities are facing today. On the one hand, we deal with the pluralism of legal orders across the Circumpolar Region which can be valuable to finding innovative solutions for existing issues, and it can be of learning significance to different Arctic jurisdictions. On the other hand, the dominating influence of national legal systems and legal procedures on the regulation of internal and local affairs of the Arctic sub-national entities and their communities raises the question of the role of indigenous legal traditions and practices in various Northern issues and developments. By looking mainly at the example of the Inuit of Canada's Eastern and Central Arctic (Nunavut), to understand the Inuit law-ways, at the outset, this essay examines some general features of the traditional Inuit legal order. Further, by exploring some principles and aspects that define linkages and interactions between indigenous legal practices and "Western" law in the Arctic, it raises questions that are essential to our better understanding of the value of indigenous law in contemporary issues and developments in the North.Keywords: Indigenous law, Inuit law, legal pluralism, the ArcticCitation: Arctic Review on Law and Politics, vol. 3, 2/2012 pp. 200–217. ISSN 1891-6252
In: Nordic journal of international law, Band 92, Heft 3, S. 489-497
ISSN: 1571-8107