Internationally Mandatory Rules represent a private international law method that has acquired a certain degree of recognition in case law, legal codifications and scholarship. Yet, there seems to be insufficient clarity regarding their conceptual features. This article looks into the two basic conditions under which a rule may be characterised as being internationally mandatory, particularly within the framework of the European Union private international law: the interest criterion and the overriding criterion. It discusses the development and analysis the wording of the provisions contained in the Rome Convention and the proposal for its conversion into the Rome I Regulation. It propounds that not only the "interventionist" rules, but also the combined "interventionist- protective" rules may be classified as internationally mandatory.
Threats of force are an inherent part of communication between some States. One prominent example is the 2017–2018 crisis in relations between the United States and North Korea, marked by multiple threats issued by both sides. Yet, despite the fact that States seem to use threats of force with unlimited freedom, they are prohibited by international law. This book presents threats of force from the perspective of the practice of States. Thus, the book is based on an examination of multiple cases when States reported threats of force. It describes what threats of force are, examines the status of the prohibition of threats of force as a legal norm, presents examples and describes the mechanisms that are available for States in case threats occur, as well as their legal consequences. The book will be an invaluable resource for academics and researchers in the areas of international security law, public international law, law of armed conflict and international relations.
Preliminary Material /B.S. Chimni , Miyoshi Masahiro and Thio Li-ann -- Maritime terrorism and security challenges in the Straits of Malacca and Singapore /Mary George -- UN Security Council reform and global security /Katak B. Malla -- The United Nations Security Council and the International Court of Justice: Co-operation, co-existence, and co-involvement /Jaemin Lee -- The erosion of community rights to intellectual property: An Asian perspective /Naazima Kamardeen -- Vietnam's border disputes: Legal and conflict management dimensions /Ramses Amer and Nguyen Hong Thao -- State practice of Asian countries in the field of international law /B.S. Chimni , Miyoshi Masahiro and Thio Li-ann -- Participation in multilateral treaties /B.S. Chimni , Miyoshi Masahiro and Thio Li-ann -- Chronicle of events and incidents relating to Asia with relevance to international law /Ko Swan Sik -- Book Reviews /Thio Li-ann -- Survey of International law Literature Published in 2005-2006 with Special Relevance to Asia -- Index /B.S. Chimni , Miyoshi Masahiro and Thio Li-ann -- General Information /B.S. Chimni , Miyoshi Masahiro and Thio Li-ann -- Back Matter -- null.
Preliminary Material /Ying-jeou Ma --When Investment Law Takes over: Towards a New Legal Regime to Regulate Asia Pacific's Submarine Cables Boom /Fiammetta Borgia and Paolo Vargiu --Bargaining for Mijiu Tax Reduction in the Shadow of WTO Law: Challenges for Taiwan and Lessons from Cases against Japan and Korea /Hsu-hua Chou --The Cross-Straits Economic Cooperation Framework Agreement: Legal Issues /Paul J. Davidson --CITES as an Alternative for Effective Fisheries Management in the Asia-Pacific Region /Erik Franckx --Multilateral Treaties and Recognition of States – The Japanese Case Law on the Applicability of the Berne Convention and the Patent Cooperation Treaty between Japan and the Democratic People's Republic of Korea /Hamamoto Shotaro --From Eco-Terrorism to Eco-Tourism: Assessing Effective Regulatory Tools and Regimes in Marine Management /Natalie Klein --The Use of Force and Expanded Conceptions of Self-Defence /Josef Mrázek --Innovative Arbitration Agreements to Resolve Border Disputes and the Role of Regional International Organizations: Can the Example of Slovenia-Croatia Arbitration Agreement Be Followed in the Asia Pacific? /Vasilka Sancin --Professor Hungdah Chiu, S.J.D. (1936–2011) /John K.T. Chao --Proceedings of the 2011 International Law Association Asia-Pacific Regional Conference /Chun-i Chen , Pasha L. Hsieh , Pei-Lun Tsai , Ho-Chun Chen , Nien-Ning Lee , and Chao-Chien Chang --Contemporary Practice and Judicial Decisions of the Republic of China (Taiwan) relating to International Law, 2011 /Chun-i Chen , Pasha L. Hsieh , Chun-Liang Lai , I-Hon Hsiao , Pei-Lun Tsai , Kai-Chih Chang , and Lee & Li Attorneys-at-Law --Treaties/Agreements and Official, Semi-Official or Unofficial Agreements concluded by the Republic of China (Taiwan) with other Countries in 2011 /Chun-i Chen , Pasha L. Hsieh , and Pei-Lun Tsai --Table of Cases /Ying-jeou Ma --Index /Ying-jeou Ma --Guidelines for Submissions to the Chinese (Taiwan) Yearbook of International Law and Affairs /Ying-jeou Ma.
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Preliminary Material /Ying-jeou Ma --Beyond Special and Differential Treatment: Key Trends of Importance to East Asian Regionalism /Sujin Chan --The Duch Trial at the Extraordinary Chambers in the Courts of Cambodia – Involving the Cambodians in the Process /Caroline Ehlert and Christine Kaufmann --Evaluating the Impact of the UN Convention on the Use of Electronic Communications in International Contracts on Domestic Contract Law – The Singapore Example /Eliza Mik --Recognition of States and Governments in International Law: Theory and Practice /Miyazaki Takashi --Sovereignty Claims over the Liancourt Rocks (Dokdo/Takeshima) /Raul (Pete) Pedrozo --Refining the Scope of State Obligations for Treaty-Based Human Rights Violations in Respect of Violence against Women: The Meaning of the 2009 Gonzáles Ruling by the Inter-American Court of Human Rights /H.A. Strydom --Rule of Marine Capture versus Rule of Cooperation in the East China Sea: Exploring Options for Regional Ecosystem Restoration /Anastasia Telesetsky --Running Soft Convergence into the Ground: The Case for an International Antitrust Treaty /Emilio E. Varanini --The Taiwan Government Sues Two Individuals for the Return of a Sum of USDollar29.8 Million (The Papua New Guinea Case) /Loo Choon Chiaw , Chia Foon Yeow , and Wu Yanjuan --The Right to Social Security under Article 9 of the International Covenant on Economic, Social and Cultural Rights /Francesco Seatzu --Cross-Straits Economic Cooperation Framework Agreement (ECFA) /Pasha L. Hsieh and Pei-Lun Tsai --Contemporary Practice and Judicial Decisions of The Republic of China Relating to International Law, 2010 /Chun-i Chen , Lee & Li Attorneys-at-Law , Pasha L. Hsieh , Chun-Liang Lai , I-Hon Hsiao , Feng-Cheng Kao , and Pei-Lun Tsai --Treaties/Agreements and Official, Semi-Official or Unofficial Agreements Concluded by The Republic of China with Other Countries in 2010 /Chun-i Chen and Pei-Lun Tsai --Table of Cases /Ying-jeou Ma --Index /Ying-jeou Ma --Guidelines for Submissions to The Chinese (Taiwan) Yearbook of International Law and Affairs /Ying-jeou Ma.
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Article 5 of the Universal Declaration of Human Rights 1948 reads "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment". This Article is widely regarded as expressing customary international law. Within the United Nations framework, torture and other cruel, inhuman or degrading treatment or punishment are explicitly prohibited under a number of international treaties, which are legally binding on those States which have ratified them. Many treaties establish Committees, known collectively as the treaty bodies, which are mandated to monitor States Parties' compliance with their obligations under the treaties. They do this by issuing General Comments or Recommendations, which provide detailed interpretation of specific aspects of the treaty. The purpose of this paper is to analyze the definition and the elements required for an act to be classified as torture or other cruel, inhuman or degrading treatment or punishment, applied within the United Nations system, by considering the General Comments and jurisprudence of the treaty bodies, in particular the Human Rights Committee (HRC), which monitors compliance with the International Covenant on Civil and Political Rights (ICCPR), and the Committee against Torture (CAT), which monitors compliance with the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT). The paper focuses on States Parties' obligations under the main treaties, by considering the scope of application of these obligations. DOI:10.5901/ajis.2013.v2n8p61