Suchergebnisse

Front Matter --Copyright Page --Preface --Articles and Commentaries --Investor-state Dispute Settlement in the cptpp : Perspectives from Australia, Japan and New Zealand /Ashley Chandler --Will the Anti-corruption Chapter in the TPP11 Work? Assessing the Role of Trade Law in the Fight Against Corruption Through International Law /José-Miguel Bello y Villarino --The Confluence of International Trade and Investment: Exploring the Nexus between Export Controls and Indirect Expropriation /Umair Ghori --Subsidies and "New Industrial Policy": Are International Trade Rules Fit for the 21st Century? /Tracey Epps and Danae Wheeler --Out with the Old Approach: A Call to Take Socio-Economic Rights Seriously in Refugee Status Determination /Imogen Little --A Critical Re-analysis of Whaling in the Antarctic: Formalism, Realism, and How Not to Do International Law /James C. Fisher --Jurisdictional Aspects of Dispute Settlement under the UN Convention on the Law of the Sea: Some Recent Developments /Gino Naldi and Konstantinos Magliveras --State Immunity and the Application of Customary International Law in New Zealand: The Young v Attorney-General Litigation /Jared Papps --The Human Rights Committee, the Right to Life and Nuclear Weapons: The Committee's General Comment No 36 on Article 6 of the Covenant on Civil and Political Rights /Roger S. Clark --The South Pacific --Pacific Islands Forum 2018 /Tony Angelo --The Year in Review --International Human Rights Law /Cassandra Mudgway and Lida Ayoubi --Indigenous Peoples' Rights under International Law /Fleur Te Aho --International Economic Law /An Hertogen --International Environmental Law /Vernon Rive --Law of the Sea and Fisheries 2018 /Joanna Mossop --The Antarctic Treaty System /Alan D Hemmings --International Criminal Law and Humanitarian Law /Treasa Dunworth --International Law and Security /Anna Hood --New Zealand State Conduct --Treaty Action and Implementation /Mark Gobbi --Book Reviews --Margaret Bedggood, Kris Gledhill and Ian McIntosh (eds) International Human Rights Law in Aotearoa New Zealand. Thomas Reuters, 2017, 1060 pp isbn: 9781988504292, 226.80 nzd + gst /Cassandra Mudgway --Hannah Harris The Global Anti-Corruption Regime: The Case of Papua New Guinea [Routledge, 2019, xiii + 252 pp, isbn 9781138298927 (hardback), 115 gbp] /Neil Boister --Harmen van der Wilt & Christophe Paulussen (eds) Legal Responses to Transnational and International Crimes: Toward an Integrative Approach.[Edward Elgar Publishing, 2017, 336 pp, isbn 9781786433985, 90 gbp] /Robert J. Currie.

This presentation draws on my doctoral research, which was conducted on traditional cultural expressions in international law. This subject still fills me with passion even after having spent many years studying it. To sum up my Ph.D. thesis in a sentence, I studied how international law embraces traditional dances, songs, handicrafts, designs, and rituals. Very diverse fields of laws were relevant for this research, but in the framework of this presentation, the focus was kept on intellectual property. The goal of this presentation was to provide answers to two essential questions. The first question relates to the definition of traditional cultural expressions (I), the second one concerned the reasons underpinning the introduction of this concept in international law (II).

This article deals with the much debated issue of children's public participation from the perspective of legal practices in the Russian Federation. Having emerged at the level of national jurisdictions, the practice of engaging minors in decision-making processes on issues of public significance – or the practice of public participation of children – is stipulated by the UN Committee on the Rights of the Child, based on Article 12 of the UN Convention on the Rights of the Child. Public participation of minors implies that children have clearly defined opportunities to take part in decision-making processes concerning those political and public matters affecting their interests.Albeit limited by the clause "regarding the issues concerning them," the claims for such participation are dictated by emerging standards of international law. The author has examined the process of devising these standards in Russian public law. Moreover, an analysis of the evolution of academic views on public participation of children in Russian legal scholarship is also included in this article.Relying extensively on the method of legal analysis and the comparative analysis of the conformity of national public law standards with respect to international law, the author proposes several legal amendments to the Federal law "On the Basic Guarantees of the Rights of the Child in the Russian Federation," which would lead to anchoring more solidly the participatory right of minors in the legal system of the Russian Federation.

This working paper offers an international legal perspective on the diverse and conflicting international reactions in response to Kosovo's Declaration of Independence on 17 February 2008. Considering the failure of the UN Security Council in conjuring up a common position, whether a condemnation or approval of Kosovo's desire to become an independent and sovereign member of the international community, each State was left to decide, on its own terms, how to react. The Council's failure is the upshot to what may be defined as the 'politics of recognition', ie, a diversity of differing and conflicting reactions of third States in response to the Kosovo Declaration, which reproduce the main positions in the original dispute rather than settling it. Against this background, the aim of this paper is three-fold. First, it seeks to explain the emergence of these politics. Secondly, it examines the complex nature of the disagreement that lies behind the diverse reactions, which includes a consideration of the reasons behind the different positions of recognising and objecting States as well as an interpretation of why so many States have chosen to remain silent. Thirdly, the paper reflects on the unfortunate implications of these politics. While by no means discarding the inherent international legal dimensions to the original dispute between Pristina and Belgrade, and a role for the International Court of Justice, the paper expresses hesitation about the capacity of international law and the Court to settle the disagreement about international law that is now developing. Furthermore, an exclusive focus on international law detracts attention from the need to continue to approach realities on the ground with a view to establishing a sustainable peace in the Balkan region.