Suchergebnisse

AbstractCodification conventions and draft articles completed by the International Law Commission are often—and increasingly—invoked by courts, tribunals, governments and international organizations as 'reflections of customary international law'. This article discusses the factors explaining the authority that these 'non-legislative codifications' have come to enjoy in international legal reasoning. Moving beyond the traditional explanations of codification conventions as evidence of State practice and ILC draft articles as the teaching of publicists, it considers how, against the backdrop of the uncertainty of customary international law, institutional factors (relating to authorship, representation and procedure) and textual factors (including prescriptive form and the absence of a distinction between 'codification' and 'progressive development') converge to convey the image that the resulting texts constitute the most authoritative restatement of the existing law. It then assesses this phenomenon in light of the political ideal of the international rule of law. While non-legislative codifications contribute to enhancing the clarity, consistency and congruence of international law, the fact that they may portray novel rules as reflecting existing law inevitably raises legality concerns.

Intro -- Contents/ Sommaire -- Articles -- Canada and the Refugee Question in International Law -- The Transnational Protection of Ethnic Minorities: A Tentative Framework for Inquiry -- Le droit des relations extérieures de la CEE et le Canada -- Le GATT et le problème du commerce d'état dans les pays à économie de marché: Le cas des monopoles provinciaux des alcools au Canada -- International Liability for the Pollution of International Watercourses: Balancing Interests -- Canada and the Control of Arms on the Seabed -- Les principes généraux de droit et la protection des Etats côtiers contre les risques de pollution des eaux navigables -- An Historical Introduction to the Teaching of International Law in Canada: Part II -- Notes and Comments -- An Evaluation of Proposals for a Regime for the Deep Sea-Bed in the Light of National Experience -- The Geneva Humanitarian Law Conference 1975 -- The Legal Status of Namibia and of the United Nations Council for Namibia -- Annual Conference of the Canadian Council on International Law -- Canadian Practice in International Law during 1974 as Reflected Mainly in Public Correspondence and Statements of the Department of External Affairs -- Canadian Practice in International Law during 1974 as Reflected in Resolutions of the House of Commons and in Government Statements in the House of Commons -- Digest of Important Canadian Cases Reported in 1974 in the Fields of Public International Law and Conflict of Laws -- Book Reviews/Revue des livres -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- R -- S -- T -- U -- V -- W -- Y -- Z.

Explains standard practice in governmental regulation and common legal issues arising in mining company activities; examines the impact of mining on environments and communities; and provides general information on regulation, international law and comparative law pertaining to mining

This article discusses the prospects of participation of the Republic of Kazakhstan in Hague Conference on Private International Law on the unification of collision law in the international trade. The article analyzes some conventions on international trade. The appropriate conclusions based on the opinions of scientists and experts in this field have been made. First, all issues presented in the form of gaps or spaces in conventions should be the subject to direct negotiations in the course of the activities of Hague Conference, and have a comprehensive feature, be transparent and taken under simplified procedure. Secondly, one should not underestimate the value of conventions that do not become active due to various reasons and having a positive impact on the development and improvement of national legislation and practice in the field of private international law. Thirdly, Kazakhstan has to reconsider its attitude to Hague Conference, having become its full member and aiming at providing constructive and fruitful cooperation with both the organization itself and its member states.