Suchergebnisse

The Master's thesis "D-6 oil fields exploitation in the background of the international maritime law" analyzes sources of the international law governing construction and exploitation of offshore platforms as well as responsibility for the damages to other countries caused by such platforms. The thesis also analyzes which international treaties and other legislation are mandatory to the Russian Federation and must be followed in exploiting oil fields continental shelf in the Baltic Sea in the area of the Russian jurisdiction. Besides, the thesis provides for the cases where Russia violated mandatory legislation in planning, erecting and exploiting oil platform D-6. Furthermore, the thesis analyzes whether the Russian Federation would be liable against the Republic of Lithuania for the damages which may arise from exploitation of D-6 oil platform. To that end, the thesis analyzes two principles of liability: liability for violations of the international legislation and liability for the damages to the interests of the other country resulting from the actions not prohibited by the international law. For assessment of the principle of application of "strict" liability, the work done by the UN International Law Commission is analyzed. Attempts are made to find out whether there is an international custom providing for the country's liability for the caused damages. The thesis is finalized by the findings. Taking into consideration the research results it is stated that planning and erection of D-6 platform violated the regulations of the international law but current exploitation of the platform shows that Russia does not violate any international legislation. It is possible to make a conclusion that the Russian Federation would be liable against the Republic of Lithuania for the damages caused through exploitation of D-6 platform. Nevertheless, in some cases such liability could be based on violations of the international laws but in the other cases - on the international custom.

The Master's thesis "D-6 oil fields exploitation in the background of the international maritime law" analyzes sources of the international law governing construction and exploitation of offshore platforms as well as responsibility for the damages to other countries caused by such platforms. The thesis also analyzes which international treaties and other legislation are mandatory to the Russian Federation and must be followed in exploiting oil fields continental shelf in the Baltic Sea in the area of the Russian jurisdiction. Besides, the thesis provides for the cases where Russia violated mandatory legislation in planning, erecting and exploiting oil platform D-6. Furthermore, the thesis analyzes whether the Russian Federation would be liable against the Republic of Lithuania for the damages which may arise from exploitation of D-6 oil platform. To that end, the thesis analyzes two principles of liability: liability for violations of the international legislation and liability for the damages to the interests of the other country resulting from the actions not prohibited by the international law. For assessment of the principle of application of "strict" liability, the work done by the UN International Law Commission is analyzed. Attempts are made to find out whether there is an international custom providing for the country's liability for the caused damages. The thesis is finalized by the findings. Taking into consideration the research results it is stated that planning and erection of D-6 platform violated the regulations of the international law but current exploitation of the platform shows that Russia does not violate any international legislation. It is possible to make a conclusion that the Russian Federation would be liable against the Republic of Lithuania for the damages caused through exploitation of D-6 platform. Nevertheless, in some cases such liability could be based on violations of the international laws but in the other cases - on the international custom.

The idea of military necessity lies at the centre of the law of armed conflict and yet it is less than fully understood. This book analyses which legal limits govern the commander's assessment of military necessity, and argues that military necessity itself is not a limitation. Military necessity calls for a highly discretionary exercise: the assessment. Yet, there is little guidance as to how this discretionary process should be exercised, apart from the notions of 'a reasonable military commander'. A reasonable assessment of 'excessive' civilian losses are presumed to be almost intuitive. Objective standards for determining excessive civilian losses are difficult to identify, particularly when that 'excessiveness' will be understood in relative terms. The perpetual question arises: are civilian losses acceptable if the war can be won? The result is a heavy burden of assessment placed on the shoulders of the military commander.

Abstract
International law and its understanding can evolve outside of treaties, but little is known about the elements that can explain these changes. This paper looks at the debate on border carbon adjustment (BCA) compatibility with the World Trade Organization (WTO) and argues that international law depends on the actors' perceptions, which can change over time. It applies an interactional international law framework to explain how a policy that was once deemed incompatible with WTO rules is now considered 'WTO-compliant' by the European Union. A discourse network analysis is conducted based on debates from the WTO and the literature over 24 years. Results show that since 2012, the legal literature has increasingly been more confident that BCA could be WTO-compatible, despite the absence of significant changes in WTO case law during the same period. This increase in support was sustained by an expanded practice of legality and a perceived lack of legality of applicable WTO rules. This research offers new insights into the dynamics of international law. It provides new methodological avenues for scholars seeking to trace the evolution of law and legal understanding through formal and informal processes.