Can—and should—participation be a means of achieving sustainability? The concepts of sustainability and participation are both in vogue, and many international, supranational and national legal texts and standards refer to these two concepts. However, there are still several unanswered questions that invite legal inquiry: which sustainability? Which kinds of participation? Participation by whom? How are the two concepts of sustainability and participation effectively interlinked in legal provisions? This book approaches the interconnection between sustainability and participation inductively and precisely in areas of law which are commonly associated with sustainability and sustainable development: national, European and international environmental and economic law
El artículo analiza el impacto de la guerra contra el terrorismo como tendencia global, concentrándose en el caso específico de Yemen. Este caso merece atención no sólo por la relativa falta de interés por parte de analistas occidentales de la que ha sido objeto en estos últimos años sino también por su capacidad ilustrativa de los riesgos que implica la estrategia de guerra contra el terrorismo, todo esto en un contexto menos polémico que el de Irak o el de Afganistán. Luego de un breve sobrevuelo de la situación política actual en Yemen, el artículo analiza la legalidad de la acción emprendida por el gobierno bajo la bandera de la guerra contra el terrorismo con respecto al marco interno e internacional relativo a la protección de derechos humanos. ; The article deals with the impact of the "war on terror" as a global trend, focusing on the particular case of Yemen. This case warrants interest not only because it has been relatively neglected by western observers in recent years, but also because it illustrates the outcome volatility of the "war onterror" strategy in a less controversial setting than those of Iraq and Afghanistan. After a brief review of the present political situation in Yemen, the paper analyzes the legality of the actions conducted by Yemen's government under the "war on terror" leitmotif in the light of domestic and international human rights law.
The wars and armed conflicts have often resulted in violations of international humanitarian law, and often commit the most serious international crimes such as war crimes, crimes against humanity, aggression and genocide. However, only in the XX century the rule was articulated idea of establishing a body of international criminal justice in order to prosecute these crimes and their perpetrators. The first steps in this field have been made by establishing the International military tribunals for war crimes at Nuremberg and Tokyo, and the formation of ad hoc tribunals for the former Yugoslavia and Rwanda. In the end, The International Criminal Court was established in Rome in 1998 with the aim of justice and in order to give satisfaction the victims of crimes and their families. The aim of the paper was to provide a historical and comparative analysis of the institutions of international criminal justice based on which these institutions de lege lata fulfilled the goals of individual criminal responsibility and justice. Furthermore, the authors suggest de lege ferenda that the Permanent International Criminal Tribunal, in addition to the prospective case, also takes over the current ICTY and ICTR cases.
Creativity, Law and Entrepreneurship addresses the relationship between law (institutions and regulations) and entrepreneurship (human activity with the aim of creating something new). Human activity is the essence of entrepreneurship. What unites law and creativity, work and play, is their shared origins in this activity. In this book, a varied group of scholars examine the building blocks of entrepreneurship by not only addressing the legal institutions that might regulate and promote enterprise, but by also exploring the very idea of creativity. The contributions to this volume provide a se
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If, after the nineteenth century, there remained any question concerning the universality of international law, or of its fundamental rules, it appeared to be largely one of legal history. But as the world of the twentieth century has come to be divided by political ideologies, their legal ramifications have given the question new actuality as one of basic legal theory. That the Family of Nations, or the subjects of international law, embraced virtually all states of the world seemed no longer open to serious doubt when non-Christian states wholly outside Europe took part in the Hague Peace Conferences of 1899 and 1907 and when participation by such states was continued and further extended in the Paris Peace Conference of 1919 and in the League of Nations. Yet the same period that saw the unquestioned global expansion of international law has had to face new challenges to its unity as a single, universally valid legal system. They were raised chiefly by German Nazis and Soviet Communists, or in turn against them by their respective critics and opponents. Confronted with these challenges, the universal validity of international law appears no longer as an existingphenomenon that may be traced back to its origins and on to its eventual completion, but as a debatable assumption that stands to be justified or rejected in the light of fresh examination.
In: Revue internationale de la Croix-Rouge: débat humanitaire, droit, politiques, action = International Review of the Red Cross, Band 82, Heft 837, S. 217-252
Le Tribunal pénal international pour l'ex-Yougoslavie a été créé en 1993 en application de décisions prises par le Conseil de sécurité sur la base du Chapitre VII de la Charte des Nations Unies. En vertu de son mandat statutaire, le Tribunal est habilité à instruire des dossiers et à engager des poursuites contre les auteurs de toutes les violations graves du droit international humanitaire commises sur l'ensemble du territoire de l'ex-Yougoslavie depuis 1991. Jusque récemment, les activités du Tribunal ont porté essentiellement sur des crimes commis entre 1991 et 1995 en Croatie et en Bosnie-Herzégovine. L'accent a été mis publiquement sur le Kosovo à partir de 1998, lorsque le procureur a constitué une première équipe chargée de mener une enquête portant essentiellement sur ce territoire. Le rôle du Tribunal au Kosovo repose sur des bases juridiques solides étant donné son mandat et sa compétence statutaire, qui est limitée sur le plan géographique mais non dans le temps. Toutefois, il ne fait pas de doute que, si l'on s'en tient aux faits, la crise du Kosovo a ouvert un nouveau chapitre de l'histoire du Tribunal.
"The authors offer a detailed examination of the speeches of the Obama administration on national security legal issues. Viewed together her for the first time, they lay out a broad array of legal and policy positions regarding a large number of principles currently contested at both the domestic and international level. The book describes what the Obama administration has said about the legal framework in which it is operating with respect to such questions as the nature of the war on terrorism, the use of drones and targeted killings, detention, trial by military commission and federal courts, and interrogation. The authors analyze this framework, examining the stresses on it and asking where the administration got matters right and where it went wrong. They conclude with suggestions for reforms to the framework for the administration and Congress to consider"--Publisher's description
"[This book] provides a...reference to legal privilege in both contentious and non-contentious contexts. This book addresses both legal advice and litigation privilege, as well as privilege against self-incrimination. With broad coverage of how it arises, how it is lost, and its limits, the book begins with an outline of the law and policy underlying privilege before going on to provide expert guidance on issues that arise regularly in practice. These issues include exceptions (including a detailed analysis of the crime/fraud exception), multi-jurisdictional issues, procedural matters, and problem areas such as pre-existing and partly privileged documents. It also covers: loss of legal professional privilege, for example the loss of confidence, and implied and express waiver; the linked area of being without prejudice privilege, its scope, exceptions, rules governing waiver, and the position in respect of mediation; and joint and common interest privilege."--
The objective of research was to analyze the comparative legal provisions concerning the implementation regulation of the Legal Protection of Minority Shareholders in Context Acquisition Company in Indonesia and Malaysia. The journal is compiled with normative juridical research method with the approach of legislation, the conceptual approach and the approach of comparative law. Based on the survey results was revealed that basically the concept and criteria of legal protection of minority stockholders in the context of the acquisition of the same company. While suitability setting the position of trainee Shares Minority In Context Acquisition of Companies in Indonesia in accordance with the regulations but very difficult to implement because of the overlap with the rules above while in the Royal Malaysian implementation is very smooth due to the form of the rules in the form of legislation even though there are still gaps that need to be fixed in legislation there especially in the aspect that is still loose and often manipulated by the majority shareholders.
In a world where anyone can become a media producer, everyone should know something about media law--both to protect his or her own rights and to avoid violating the rights of others. Digital Media Law is the first media law text to respond to digitalization and globalization, the two most significant agents of change in the twenty-first century. Designed to appeal to a broader audience of communication and digital media students, as well as journalism and law students, Digital Media Law covers salient issues from freedom of expression to commercial speech and information access. An accompanying website at www.digitalmedialaw.us provides updates on new rulings, access to slip opinions, and other supplementary material, and a section on legal research teaches students to find the law on their own. For students of both media and law, this book is a timely introduction to an important new field
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The world of international relations and law is constantly changing. There is a risk of the systematic undermining of international organisations and law over the next years. Feminist approaches to international law will need to adapt accordingly, to ensure that they continue to challenge inequalities, and serve as an important and critical voice in international law. This article seeks to tell the story of feminist perspectives on international law from the early 1990s till today through a discussion between three generations of feminist international legal scholars: Hilary Charlesworth, who, with her colleagues, contributed to the area in the immediate post-Cold War years, Gina Heathcote, who over the past decade has published extensively on feminist perspectives on the use of force and collective security, and Emily Jones, an early career scholar working on feminist approaches to international law. The conversation, which began as a Skype discussion, considers both the ways in which feminist approaches to international law have changed over the past two decades, as well as the ways in which they have been shaped by global politics, before turning to consider the future for feminist approaches to international law. The impact of feminist approaches to international law has been considerable. However, it seems that feminist approaches still lack legitimacy and credibility in many mainstream circles, remaining on the disciplinary periphery. Charlesworth, Heathcote and Jones discuss potential ways in which to manage some of these tensions, noting both the importance of 'speaking to ourselves' (Charlesworth in Feminist perspectives on contemporary International Law: Between resistance and compliance? Hart, Oxford, pp. 17–32, 2011) as a creative and nurturing space, as well as the need to be seen as a more credible voice in the mainstream. They note the need, too, for further feminist work beyond the realms of sexual violence and women's representation. While the great amount of work in this area is, indeed, foundational, having achieved many important legal and political outcomes, feminist approaches should now develop beyond these areas. Doing so will not only propel this area of scholarship in new and exciting directions, but it might help feminist scholarship gain further traction by avoiding categorisation only under the umbrella of "women's issues" and thus ready dismissal as just another specialist area of international law in the era of fragmentation.
