Suchergebnisse

I. An Overview of the Problem -- II. Obligation of Compliance for Member and Nonmember States under the United Nations Charter -- III. Validity of the General Assembly Resolutions; an Inquiry -- IV. Reservations as Devices for Avoiding International Obligations -- V. Illustrations of Failure of Domestic Jurisdiction to Prevent an Increase in Obligations -- VI. Direct Intervention in Domestic Affairs by the United Nations -- VII. State Actions when Reliance on Reservations Fails -- VIII. The Middle East Case -- IX. The Cases of Indonesia, France and Cuba -- X. The Case of the People's Republic of China -- XI. Appraisal.

"This book examines genocide law by focusing on one of the lesser examined, yet practically significant, issues: the substantiality requirement. This refers to the requirement in international law that intended destruction should be directed towards a substantial' part of a protected group in order for an atrocity to qualify as genocide. This study draws connections between different judicial approaches to 'substantiality' and the varying theoretical presumptions about the constitutive concepts of the crime. This prima facia doctrinal problem is used as a springboard to scrutinise the broader theoretical problems underlying the legal conceptualisation of genocide. The book explores how the individualistic and collectivistic conceptions of the crime have been able to co-exist in case law and how the different approaches to assessing substantiality have played a backdoor role between these two conceptions. The work demonstrates that these two philosophical standpoints are far from effectively representing the reality of the protected groups and fully explaining the harm inherent to group destruction. The book revisits the recent philosophical and sociological studies on the crime and, considering ideas from the emerging relational approaches to genocide', offers a third way to understand the existing legal representation of the crime and, consequently, the idea of substantiality'. It demonstrates the practical significance of its theoretical debates and applies its novel perspective through a case study on South Sudan"--Publisher's description.

Student at Tashkent State University of Law Recent achievements and issues related to online arbitration have been provided in this article. This article also reports theoretical and practical significance of newly adopted Law of the Republic of Uzbekistan on International commercial arbitration and opportunities for foreign investors. Special attention is paid to the role of virtual arbitration court in order to diminish volume of international disputes in pandemic period. Moreover, available drawbacks of remote hearing and testimony have been thoroughly discussed.

Le retour du protectionnisme sur la scène internationale provoque son lot d'inquiétudes. Même si l'administration de Donald Trump s'est déjà retirée du Partenariat transpacifique et qu'elle a imposé la renégociation d'accords commerciaux comme l'Aléna, la tendance vers une multiplication des négociations commerciales est toujours palpable. À titre d'exemple, les onze pays restants du ptp viennent de conclure le Partenariat transpacifique progressiste et global (ptpgp). La question qui reste en suspens est : combien de temps les États-Unis accepteront-ils de rester sur la touche ?

The transfer of editorial stewardship for a journal provides the occasion to rethink the journal's purposes and its place in the dense forest of texts claiming attention. If our view of these matters differed radically from those of our distinguished predecessors, it is very unlikely that we would have been called, much less chosen, to assume the journal's direction. Still, there are likely to be nuanced differences among editors. At a minimum, each set inevitably has its own way of expressing its view of the journal's purposes and place. This article describes where we seek to take the journal in the coming years, and why. Adapted from the source document.

BACKGROUND: The magnitude of the noncommunicable epidemic is difficult to overstate. The projected cost of the epidemic is substantial. It disproportionately affects people in low- and middle-income countries as well as poorer and marginalised communities in high-income countries. The international community has taken various steps to address the four modifiable risk factors causing the majority of noncommunicable diseases (NCDs), however, action has so far fallen short of expectations. Both analysts and international institutions are advocating the adoption of a new international legal norm to address the NCD crisis. MAIN TEXT: Drawing on existing knowledge from international relations and international legal studies, this article argues that a new international treaty is not only currently improbable, but also not strictly desirable. In-depth critical analysis and reflection is needed regarding the strengths and weaknesses of a legal approach to addressing the NCD pandemic. The argument is set out in three sections - the first reviews contributions of agentic constructivism, which focus on the process of normative emergence and change, and draws on empirical examples to highlight overlooked aspects of normative development and how they relate to NCD politics. The second engages with the critique of legal principles. Critical approaches to law seek to expose the myths that legal principles are neutral, objective, good. The third section discusses the characteristics of practice in the NCD field and its implications on process and principles for the pursuit of a legal solution to the NCD crisis. CONCLUSIONS: Any advocacy for an international norm to address NCDs needs to be nuanced and demonstrate awareness of the nature and character of both the norm development process and resulting international legal principles. As analysts, we are responsible for advocating inclusive and ethical norms, but also for highlighting the implications of inequalities and differences between and within states and societies. There may be a viable international legal instrument that would support dedicated policies to curb the NCD epidemic, but such an instrument needs to be actively advocated for and negotiated with a wide range of stakeholders, navigating a complex international framework of existing norms and conflicting, powerful interests.

Power sharing is largely accepted among scholars and policy-makers as a potentially effective mechanism for building peace in the aftermath of violent ethnic conflicts and self-determination disputes. Although the operation of power sharing may be prone to ongoing challenges and even political crises arising from the legacy of the conflict, international actors continue to promote power-sharing arrangements to manage self-determination and other ethnopolitical conflicts. This article investigates the normative and instrumental reasons why third-party mediators (on behalf of international organizations and/or states) turn to power-sharing strategies during peace negotiations. It considers the reasons why third-party mediators promote power sharing when its maintenance is likely to depend on their ongoing commitment and governance involvement. We argue that mediators draw from four different perspectives in their support of power-sharing settlements: international law, regional and internal security, democracy and minority rights, and a technical approach where mediators focus on the mechanics of power-sharing designs. The article draws on in-depth semi-structured interviews with officials from the United Nations and the European Union working for the organizations' respective mediation units as well as documentary analysis of official mediation documents.

In the present article the author tried to analyze the processes underway in the world political arena, give his assessments concerning some new global challenges and threats in the post-COVID period. He made an attempt to give a brief review of the current role and place of Uzbekistan in the regional and international politics.