Suchergebnisse

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.

Many are familiar with the concept of a moral dilemma - a situation where a person faces a choice between two mutually exclusive actions. This publication considers whether situations of this kind could and should exist within the sphere of international law

AbstractInternational law prohibits states from intervening in the internal and external affairs of other states, but only if the method of intervention is coercive. This Article argues that coercion can be understood in two different ways or models. First, as coercion-as-extortion, a demand coupled with a threat of harm or the infliction of harm, done to extract some kind of concession from the victim state—in other words, an act targeting the victim state's will or decision-making calculus. Second, as coercion-as-control, an action materially depriving the victim state of its ability to control its sovereign choices. This may be done even through acts like cyber operations that the victim state is entirely unaware of. The Article argues that many of the difficulties surrounding the notion of coercion arise as a consequence of failing to distinguish between these two different models.

The combined forces of science and technology have been perfecting a new means of data acquisition which has gone largely unnoticed by the average citizen—a technique so profound in its implications for the improvement of the environment and for the allocation and conservation of natural and human resources that it has been compared to the microscope in its significance and achievement. This new technique is the viewing of the earth's surface and its surrounding environment by means of sensing devices affixed to a platform orbiting the earth from the near reaches of outer space. Remote sensing by satellite (RSS) has been defined by the UN Working Group on Remote Sensing as a methodology
to assist in characterizing the nature and conditions of the natural resources, the natural features and phenomena, and the environment of the earth by means of observation and measurements from space platforms.