Suchergebnisse

267Human rights — Arrest and detention — Right of accused to be informed of reason for his arrest — Whether accused informed in sufficient detail — Fair trial — Right to consult counsel — Right to adequate opportunity to prepare case — Whether right to see documentary evidence against him entitles defendant to copies of relevant documents — Whether defendant entitled to free legal assistance — Joinder of charges — Whether reducing defendant's opportunity to prepare his defence — Right to question witnesses — International Covenant on Civil and Political Rights, 1966International tribunals — Competence — United Nations Human Rights Committee — Optional Protocol to the International Covenant on Civil and Political Rights — Reservation by Norway — Reservation providing that Committee not to have jurisdiction in respect of any case examined by another international procedure — Application to European Commission of Human Rights dismissed for being out of time — Whether application examined by European Commission

State responsibility — Nature and kinds of — For breaches of treaty obligations — Right to review of conviction by a higher tribunal according to law — International Covenant on Civil and Political Rights, 1966, Article 14(5) — Violation alleged in communication to United Nations Human Rights Committee — Lack of right to appeal for certain offences under Colombian security legislation 1978 — Whether right of appeal at discretion of State — Right of derogation in time of emergency
The individual in international law — In general — Human rights and freedoms — Right to review of conviction by a higher tribunal according to law — Lack of right of appeal for certain offences under security legislation — Whether phrase 'according to law' left discretion to State — Right of derogation in time of emergency — Procedure — International Covenant on Civil and Political Rights, 1966, Articles 4 and 14 — Optional Protocol — United Nations Human Rights Committee

State responsibility — Nature and kinds of — For wrongs unconnected with contractual obligations — Acts and omissions of State organs and officials — Exhaustion of legal remedies — International Covenant on Civil and Political Rights, 1966 — Optional Protocol thereto — Article 5(2)(b) — Proceedings before United Nations Human Rights Committee — Exhaustion of domestic remedies — Whether victim of alleged violation of Covenant required to exhaust remedies of an exceptional nature — Application for conditional release — Whether a remedy
The individual in international law — In general — Human rights and freedoms — Detention incommunicado — Denial by authorities — Right to fair and public trial — Trial by military court — Accused not properly represented — Trial held in camera — Exhaustion of domestic remedies — Whether accused required to exhaust remedies of an extraordinary nature — Application for conditional release — Whether a remedy — International Covenant on Civil and Political Rights, 1966 — Optional Protocol — United Nations Human Rights Committee

Jurisdiction — In general — Territorial jurisdiction — Exemptions from restrictions upon territorial jurisdiction — Irregular apprehension — Defendant allegedly kidnapped from foreign country and tortured before being brought into United States — Whether irregular apprehension affects jurisdiction of United States courts to order his extradition — The law of the United StatesThe individual in international law — Extradition — Conditions of extradition — Extraditable crimes — Dual criminality — The law of the United StatesThe individual in international law — Extradition — Political crimes — Burden of proof — The law of the United StatesThe individual in international law — Extradition — Procedure of extradition — Jurisdiction of court considering a request for extradition — Whether court has jurisdiction to order extradition of defendant who has been kidnapped from a third State — Whether alleged torture of defendant prior to hearing prevents court from ordering his extradition — Clerical errors in documents supporting request — Whether invalidating request — Dual criminality — The law of the United States

State territory — Miscellaneous — West Berlin — International status — Constitution of Federal Republic of Germany — Allied Reservation — Whether applicable to grant of nationality by West Berlin authorities — Whether West Berlin authorities had properly exercised their powers — The law of the Federal Republic of GermanyThe individual in international law — Nationality — Nationality of married women — Foreigner marrying German national — Difference in treatment of men and women by national legislature — The law of the Federal Republic of GermanyThe individual in international law — Nationality — Naturalization — Foreigner married to German woman — Whether non-provision for equal right to naturalization for both foreign men and women married to German nationals discriminatory — West Berlin authorities acting on advice of Federal authorities — Whether contrary to Allied Reservation to Federal Constitution — Status of West Berlin — Whether legitimate to consider possible effects of grant of nationality upon German-Greek relations — The law of the Federal Republic of Germany

States as international persons — In general — Sovereignty and independence — Conduct of foreign relations — Extradition — Allegation of defect in legal processes in requesting State — Whether a matter for the courts or the Executive of the requesting State — The law of the United StatesThe individual in international law — Extradition — Procedure of extradition — Extent to which the courts of the extraditing State should inquire into the legal processes of the requesting State — Whether a matter which should be left to the Executive — The law of the United States477 The individual in international law — Extradition — Conditions of extradition — Requirement that evidence against the fugitive should be sufficient to justify committal in the extraditing State — Constitutional bar to fugitive's trial in extraditing State — Rule against double jeopardy — Extent to which the courts of the extraditing State should inquire into the legal processes in the requesting State — The law of the United States

International law — Sources of — General principles of international law, of justice, and of equity — Application by Arbitral Commission.State responsibility — For wrongs unconnected with contractual obligations — Exhaustion of local remedies — Understanding between parties on suspension of further proceedings before municipal court — Whether bar to jurisdiction of Arbitral Commission.Arbitration — In general — Law applied by arbitral tribunals — General principles of international law, of justice and of equity — Application by Arbitral Commission.Arbitration — Procedure — Competence — Right of parties to direct access to the Commission — Depending on expiration of time — Understanding between the parties on suspension of further proceedings before municipal court until other cases decided by such court — Whether such understanding restricts right to proceed before Arbitral Commission — Jurisdiction of arbitral commission — Chapter Five, Article 7 (3), sentence 2, of Convention on the Settlement of Matters Arising out of the War and Occupation, 1952—1954.

This report highlights the importance of states complying with their obligations under international human rights law in their responses to the COVID-19 pandemic and its aftermath, in particular those with respect to the rights of women and girls as set out in the 1979 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Failure to undertake a gender analysis in policy and decision-making with respect to temporary emergency measures to contain the spread of the virus has resulted in variable impacts across different communities and on women within those communities who have experienced disproportionate disadvantage and harm. A gender analysis, therefore, must be carried out, taking into account other intersecting factors that impact women's lives such as their race, ethnicity, class, sexuality, and able-bodiedness. As the only specific category of women explicitly protected by a separate provision in CEDAW, the situation of rural women provides a useful illustrative case study to show how rurality can operate to create additional disadvantage and contribute to intersectional discrimination. The report examines the position of women in rural areas and the impact of pandemic-related policy responses on their (1) right to adequate living conditions and related right to livelihood; (2) right to security of person; (3) right to healthcare, including reproductive health services; and (4) right to participation in political and public life. Ultimately, the report shows how state failure to comply with the CEDAW obligations has resulted in foreseeable and preventable violations of women's rights and draws recommendations from the lessons learned.

This study aims to determine: (1) Status of ownership Ambalat Block viewed from International Law. (2) Way of settlement of dispute between Indonesia and Malaysia related to Pengklaiman Ambalat Block. The method used in this research is the method of normative law with the approach of law, Historical Approach and Approach fact. The sources of legal materials used in this study are primary,secondary, and tertiary materials. Legal analysis used From the research results indicate that, (1) Ambalat Block which claimed by Indonesia and Malaysia belongs to Indonesia based on Djuanda Declaration of 1957 followed by Prp. 4/1960 on Indonesian sea . Law no. 17 of 1985 which has been ratified by Indonesia Law No.6 of 1996 on Indonesian waters, Government Regulation no. 38 of 2002 on the Geographic Coordinates list of the points of the archipelagic lines of the archipelago and the government regulation no. 37 of 2008 About Amendment to Government no. 38 of 2002 on the List of Geographical Coordinates of the points of the archipelagos of the archipelago. While Malaysia is just an ordinary coastal state that is only justified to draw a normal base line (regular) and straight line base if it meets the requirements. (2) The settlement of a dispute related to the claiming of Ambalat Block between Indonesia and Malaysia shall be conducted under Articles 1, 2 and 33 of the UN Charter on the settlement of disputes peacefully by way of negotiations.

Legal pluralism has vast policy and governance implications. In developing countries, for instance, non-state justice systems often handle most disputes and retain substantial autonomy and authority. Legal pluralism's importance, however, is rarely recognized and dramatically under theorized. This article advances scholarly understanding of legal pluralism both theoretically and empirically. It proposes a new typological framework for conceptualizing legal pluralism through four distinct archetypes – combative, competitive, cooperative, and complementary – to help clarify the range of relationships between state and non-state actors. It posits five main strategies used by domestic and international actors in attempts to influence the relationship between state and non-state justice systems: bridging, harmonization, incorporation, subsidization, and repression. As post-conflict situations are fluid and can feature a wide range of relationships between state and non-state actors, they are particularly instructive for showing how legal pluralism archetypes can be shifted over time. Case studies from Timor-Leste and Afghanistan highlight that selecting an appropriate policy is vital for achieving sustainable positive outcomes. Strategies that rely on large scale spending or even the use of substantial military force in isolation are unlikely to be successful. The most promising approaches are culturally intelligible and constructively engage nonstate justice networks of authority and legitimacy to collectively advance the judicial state-building process. While the case studies focus on post-conflict states, the theory presented can help understand and improve efforts to promote the rule of law as well as good governance and development more broadly in all legally pluralist settings.

Eight years after the 2008 Global Financial crisis the global economy continued to muddle through weak economic growth. At the same time elected officials have lashed against the post-war trend toward greater economic integration, as illustrated by the election of Donald Trump in the United States and the United Kingdom's vote to withdraw from the European Union. This dissertation argues that the relationship between economic growth and policies favoring economic integration are deeply intertwined. I argue that trade interdependence played an important role in causing policymakers to roll back expansionary fiscal policies before a robust recovery had taken hold. This anemic economic recovery then increased the policy influence of interest groups with more protectionist policy preferences. This dissertation, therefore, integrates economic interdependence with domestic politics to deepen our understanding of economic policy choices. To this point, however, the international political economy literature remains largely divided with respect to levels of analysis. At the domestic level, researchers continue to analyze domestic preferences and institutions as if they are independent from others states in the global economy; while at the systemic level, researchers tend to analyze relations between states independent from domestic politics. Much of this division is methodological. Until recently, statistical models assumed observations were independently distributed, forcing researchers to assume away interdependence in statistical analyses. This project takes advantage of recent advances in spatial econometrics that help to account for interdependence between units to offer a more complete understanding of domestic level policies.

Today, non-communicable diseases ("NCDs") are widely recognized as a global public health crisis and a foreign policy priority. The international community was slow to identify and respond to the crisis of NCDs in the later part of the twentieth century. However, in 2011 the United Nations High Level Meeting on NCDs recognized NCDs as one of the greatest threats to health and development in the twenty-first century, and a major topic for the post-2015 development agenda. Notably, many experts, national governments, and global leaders have rallied for an inclusive, "whole-of-government" and "whole-of-society" approach, situating public-private partnerships ("PPPs") with some of the vectors of NCDs, in particular the food and beverage industries, as the necessary strategy to address the issue. Although PPPs in global health are not a new phenomenon, PPPs with the food and beverage industries require a greater level of scrutiny and caution. The same level of vigilance should be applied when considering partnerships with the sugar-sweetened beverage (SSB) industry, as in the tobacco and firearms industries, which produce goods known to be antithetical to public health. We examine how major SSB companies, such as the Coca-Cola Company and PepsiCo, have been viewed as legitimate actors and partners, despite employing coercive tactics similar to the tobacco industry. We question their assumed full participation and cooperation in global NCD initiatives and call for greater transparency in global NCD partnership development and policy dialogue, particularly in the implementation of the post-2015 development agenda.

This research aims to explain why the Prophet Muhammad comply withThe Hudaybiya Treaty although in its articles are considered harmful. By answering the question above, it is expected to build a model of compliance to international agreement in the Islamic perspective. Christian Reus-Smit'sintertistial conception of politics considered appropriate in this study because it provides space for the role of ideas such as identity and norm in explaining a political action. This study found Prophet Muhammad complieswith Treaty of Hudaibiyah because of political deliberation which integrate four type or reason: idiographic, purposive, ethical, and instrumental. Ideographic deliberation determines the formulation of interest (purposive deliberation). The formulation of these interests will determine the action (instrumental deliberation) in accordance with the available resources and external constrain faced, as well as appropriate with or not contrary to Islamic norms and universally applicable norms (ethical deliberation). Ideographically, based on identities: as believers who should obey Allah and His Messenger, as a noble people who hold the promise. Purposively, the mission of Muslims is to preach the religion of monotheism to all mankind, therefore the condition of peace and religious freedom must be realized. Ethically, the question of how should we act is answered by everything done must in concordance with Islamic rules and customary law norms which emphasize the obligation to comply with the concluded agreements. Instrumentally, the chosen action which in line with the formulated interest and in accordance with the norms of Islam is complieswith the peace treaty.

Translation of an article entitled "Las Convenciones Nacionales en acción" [National Conventions in action] analyzing the mechanisms to organize National Conventions, which start with the meeting of delegates, the presentation of credentials, substitute and main officials, adoption of a platform, presentation of candidates, going to the polls and appointments. Translation of an article about Herbert Clark Hoover's message to the Convention of the Republican Party, in which he got the nomination for the presidency. Also in this article, there is a proposal to defeat poverty, support of farming, international trade, women's participation in politics, the eradication of corruption, to sustain the social order, respect to the individual guaranties, fight against alcoholism and the increase of budget to public health. / Traducción del artículo intitulado "Las Convenciones Nacionales en acción" que analiza los mecanismos para la organización de las Convenciones Nacionales, iniciando el procedimiento con la reunión de los delegados, presentación de credenciales, funcionarios provisionales y permanentes, adopción de la plataforma, presentación de candidatos, votación en las urnas y designaciones. Traducción del artículo sobre el mensaje que Herbert Clark Hoover dirige a la Convención del Partido Republicano que lo postuló como candidato a la Presidencia norteamericana, en el que se plantea: el abatimiento de la pobreza, apoyos a la agricultura, al comercio internacional, a la participación de la mujer en la política, la eliminación de la corrupción, la sustentación de la paz social, el respeto a las garantías individuales, el combate al aloholismo y el aumento al gasto destinado a la salubridad pública.

The Caspian region is one from the most oil- and gas-rich regions in the world. The estimated oil and gas reserves are believed to be around 16 billion tons. The geological location of the most perspective oil and gas fields at the Caspian shelf determines the policy of littoral states concerning the legal status of the basin which has not been solved yet. Oil- and gas-rich Kazakhstan, Azerbaijan and Turkmenistan have proposed the division of the Caspian Sea into five sectors according to terrestrial border points. The Russian Federation and Iran (without real oil and gas perspectives in their believed sectors) are opposing this attitude and are insisting on a common use of the Caspian Sea in condominium. As a matter of fact, the exploration and exploitation of hydrocarbons is going on, controlled by international oil and gas companies. The main technical problem to solve is the lack of transportation opportunities, as the construction of new pipelines from the region so as to access world markets is needed. Russia and Turkey are those most active in this question, followed by Georgia and Iran. The proposed oil pipelines through Russian or Georgian territories are to be terminated at Black Sea ports from where oil should be transported by supertankers, passing thus the Bosporus - Dardanelles Straits and in a case of accident then jeopardising 12 millions of inhabitants of Istanbul. Therefore and also from political reasons Turkey has proposed to build up a pipeline to Turkish Mediterranean oil terminal of Ceyhan. The Turkish position is backed by the USA looking for cutting of the Russian influence in the Caspian Region. Due to technical and political reasons, it seems the most probable that all of the three proposed routes for oil will be constructed in ten years, if the output of oil will be as high as it is expected today. (SOI : MO: S. 307)