Suchergebnisse

International law has assumed that states are independent and free to vary their national cultures and institutions at will. It permits them to organize their domestic economy, culture, opinion, and polity in a totalitarian way if they see fit. In fact, however, international law developed among states which had many cultural characteristics in common. It was originally the law governing the relations of the Christian states of Europe, all with a tradition reaching back into medieval Christendom and classical antiquity, and united by practices of maritime trade, and by commercial, religious, and educational institutions. The potential totalitarianism which the law allowed was not in fact realized because of moral and practical inhibitions. Governments wished to observe the universal mores, and even if they had not, they lacked the technical, administrative, and political means which modern despots have utilized so effectively to override these mores in the interests of concentrated power.

Introduction -- Jurisdiction to tax -- Sourcing income and deductions -- Taxation of non-residents : investment income -- Taxation of non-residents : business income -- Transfer pricing -- Taxation of residents : investment income -- Taxation of residents : business income -- The United States and the tax treaty network -- Tax competition, tax arbitrage, and the future of the international tax regime.

Intro -- Preface -- Contents -- Part I: International Law -- New Reflections on Humankind as a Subject of International Law -- 1 Introduction: A Preliminary Precision -- 2 The Central Place of the Human Person and Limits to State Voluntarism -- 3 The Perception and Awareness of Common and Superior Interests of Humankind as Such -- 4 The Fundamental Principle of Humanity -- 5 The Human Factor in International Adjudication: Conscience Above the ``Will´´ -- 5.1 The Absolute Prohibition and Condemnation of Genocide -- 5.2 The Absolute Prohibition of Nuclear Weapons -- 6 Humankind and Considerations of Humanity: A Conceptual Precision -- 7 The Emergence of Humankind as a Subject of International Law -- 8 Legal Consequences of the Acknowledgement of Humankind as Subject of International Law -- 8.1 The Relevance of the Human Rights Framework -- 8.2 The Question of the Capacity to Act and Legal Representation. -- References -- Can the Law Respond to Threatened Apocalypse? -- 1 Can the Law Respond to Threatened Apocalypse? -- 2 Global Warming -- 3 The Capacity of Law -- 4 The status quo -- 5 The Global Loss of Biodiversity, Reported on 6 May 2019 -- 6 The Relationship Among Global Warming, Loss of Biodiversity and Terrorism -- 7 What Should International Law Be Doing? -- References -- The Rule of International Law: Where Are We Going? -- Part II: Environmental Law and Natural Resources Law -- Coastal State Regulation of the Use of Arms in the Private Protection of Commercial Vessels in the Gulf of Guinea: A Nigerian ... -- 1 Introduction -- 2 Nigeria and the Maritime Security Threats of Piracy and Armed Robbery Against Ships in the GoG: A Brief Analysis -- 2.1 The Gulf of Guinea and the Rise of Maritime Security Threats -- 2.2 The Significance of Nigeria in the Threat Discourse of the Gulf of Guinea.

The article deals with the issue of the conflicts of laws in international private law. It has been found out that each state has its own legal regulation of the relations which leads to conflicts of material norms of various states and complicates legal regulation of international relationships. The law of the states has many differences in regulation of various relations which provides for application of a connecting factor as one of the ways to solve the problem. It has been proved that international private law has a significant role in regulation of relations with a foreign element. As for international private law which norms are formed independently by each state, compliance with treaty obligations as well as rules and principles of international law by each state is significant to each state. At the same time, codification of international private law is the main way for systematization and legislative implementation of conflict of laws, material and procedural provisions designated for regulation of private relations with foreign element. Qualification of legal definitions which are applied in formulation of the rule of the conflict of laws is a burning issue as well. It has been established that the procedure for qualification in international private law should identify the model of relations and consists of three stages which are: interpretation of the rule; analysis of relations; comparison of the rule and relations. It has been clarified that the situation of a mobile conflict and the issue of acceptance or failure to accept remission and remission to the law of the third state relate to the issue regarding application of the rule of the conflict of laws in international private law. We think that the first priority task is to bring national laws on international private law in compliance with modern conditions of international civil and trade turnover. For the future development it is necessary to introduce a single legislative act which will take into account all these issues and the mechanism ...

This text provides comprehensive coverage on the state of arbitration in Brazil following the enactment of the 1996 Arbitration Act. Expert contributors explore the impact of this act on a range of areas all of Brazilian international law, including labour law, construction, and capital market transactions.