Suchergebnisse

I. Purpose of the inquiry -- One History of Asylum and Basis for Its Grant -- II. History of asylum -- III. Basis for the grant of asylum -- Two Asylum from the Viewpoint of the Individual -- IV. The Individual's position in international law with respect to asylum -- V. Asylum as a human right -- VI. The international political refugee -- Three Asylum from the Viewpoint of States -- Sub-Part A. Territorial Asylum -- VII. Rights and duties of states granting territorial asylum -- VIII. The political offense -- Sub-Part B. Non-Territorial Asylum -- IX. The forms of non-territorial asylum -- X. Diplomatic asylum -- XI. Consular asylum -- XII. Maritime asylum -- Four Conclusion -- XIII. Summary and conclusions.

Are negotiators who rely on justice principles in the process of bargain- ing and drafting agreements more—or rather less—effective than others? This article examines whether adherence to principles of procedural and distributive justice in negotiations contributes to more effective results, with a focus on international envi- ronmental negotiations. Effectiveness is defined in terms of the extent of agreement (among parties and on issues), time to reach agreement, and comprehensiveness of the agreement. A set of hypotheses is evaluated on a selection of bilateral and mul- tilateral cases of environmental negotiations, using statistical methods. The analyses reveal that adherence to principles of procedural justice contributes to more effective results in multilateral environmental negotiations. These principles are found to hin- der effectiveness in the bilateral cases. On the other hand, adherence to principles of distributive justice is only moderately related to effectiveness in both the bilateral and multilateral cases. ; Justice and international negotiations

International law is a system; its environment is the field of international relations. Although the word system is often used generically, it has a formal meaning in "general systems theory," an interdisciplinary methodology that grew out of cybernetics research in the 1970S. Since then, general systems theory has proved to be a significant heuristic in hundreds of disparate research areas. In describing international law from the viewpoint of an autopoietic system (to be defined shortly), this article intends not just to reexamine the foundations of international law but also to help litigators and negotiators make their international-law arguments sounder and more persuasive.

International humanitarian law is increasingly perceived as part of human rights law applicable in armed conflict. This trend can be traced back to the United Nations Human Rights Conference held in Tehran in 1968 which not only encouraged the development of humanitarian law itself, but also marked the beginning of a growing use by the United Nations of humanitarian law during its examination of the human rights situation in certain countries or during its thematic studies. The greater awareness of the relevance of humanitarian law to the protection of people in armed conflict, coupled with the increasing use of human rights law in international affairs, means that both these areas of law now have a much greater international profile and are regularly being used together in the work of both international and non-governmental organizations.

Intro -- Foreword by Prof Jan L Neels -- Foreword by Prof Anatol Dutta -- Acknowledgements -- Contents -- List of Abbreviations -- Table of Cases -- Table of Conventions -- Table of Legislation -- PART I: GENERAL PRINCIPLES -- 1. Introduction -- 2. Basic Concepts and Status of Private International Law in India -- I. Introduction -- II. Overview of Indian Legal Framework -- III. Conceptual Foundations of Private International Law -- IV. Genesis of Private International Law in India -- V. Operationalisation of Private International Law: Classic Concepts -- VI. Conclusion -- 3. Domicile, Nationality, and Residence -- I. Introduction -- II. Domicile -- III. Nationality and Residence -- IV. Ascertaining Domicile under Indian Private International Law Rules -- V. Conclusion -- 4. Proving, Pleading, and Excluding the Foreign Laws -- I. Introduction -- II. Substantive and Procedural Law -- III. Pleading Foreign Law -- IV. Exclusion of Foreign Law -- V. Overriding Mandatory Norms and Public Policy (Ordre Public) -- VI. Conclusion -- PART II: JURISDICTION -- 5. Jurisdiction: Which Court will Adjudicate a Matter? -- I. Introduction -- II. Persons who may File a Suit before an Indian Court -- III. Jurisdiction in personam -- IV. Jurisdiction in Actions in rem -- V. Reflections on Indian law: Some Insights based on Global Trends -- VI. Conclusion -- PART III: FAMILY LAW -- 6. Private International Law Practice in Marriage -- I. Introduction -- II. Indian Legislative Framework on Marriage and its Religious Base -- III. Same-Sex Marriage: Legal Analysis of Private International Law Principles -- IV. Hague Conference on Private International Law and Matrimonial Conventions -- V. Conclusion -- 7. Private International Practice in Divorce and Related Matters -- I. Introduction -- II. Conflict of Laws Issues in Divorce.