Towards corporate liability in international criminal law
In: School of Human Rights Research series 38
In: School of Human Rights Research series 38
In: American journal of international law, Band 80, Heft 2, S. 305-330
ISSN: 0002-9300
World Affairs Online
ÖZET'Havayolu ile Taşıyanın Uluslarası Hukukta, Avrupa Hukukunda, ve Türk Hukukunda Sorumluluğu' başlığı altındaki bu tezi yazmaktaki amacım hava taşıyanın sorumluluğunu Uluslarası hukuk, Türk hukuku ve Avrupa Birliği hukuku açısından karşılaştırmalı olarak incelemektir. Yedi bölümde ele alınan bu tez, hava taşımacılığı geniş bir çalışma alanını kapsadığından, esas olarak hava yük taşıyanının sorumluluğunu incelemektedir. Bu nedenle çalışmanın amacı öncelikle 1929 Varşova Konvansiyonu ile düzenlenen uluslararası havayolu ile yük taşımacılığıdır. Çalışmanın birinci bölümünde uluslararası sivil havacılıkta havayolu ile taşıyanın sorumluluğunun gelişimini, La Haye 1955 Protokolünden başlayarak 1999 Montreal Konvansiyonuna kadar olan Varşova Konvansiyonun tarihi gelişimini temel kaynaklarını, yapılan değişikleri incelenmektedir. Ayrıca bu bölümde Intercarrier Agreements (Taşıyanlar arası anlaşmalar) ve Avrupa Birliği tüzükleri incelenmektedir. İkinci bölümde Türk Sivil Havacılık Kanunu ele alınmaktadır. Üçüncü bölümde, havayolu ile yük taşıma sözleşmesi ve hava yük senedi incelenmaktedir. Dördüncü bölümde, taşıyanın borçları ve hakları ele alınmaktadır. Beşinci bölümde, taşıtanın hak ve borçları ele alınmaktadır. Altıncı bölümde, gönderilenin hak ve borçları ele alınmaktadır. Yedinci ve son bölümde, taşıyanın sorumluluğu, sorumluluk halleri ve şartları, sorumluluğun sınırlandırılması, sınırsız sorumluluk ve sorumluluk davası incelenmektedir. ABSTRACTWith this research under the title "Air Carrier Liability in International Law, European Law and in Turkish Law' my purpose is to analyze liability of the carrier by air by comparing and contrasting the International and Turkish law and the European Union Legislation.The thesis, which is organized in seven parts, examines mainly the liability of the air cargo carrier, since the air transport covers a large concept of study. Therefore, the object of this study is the uniform law governing international carriage by air during international transportation of cargo which is primarily regulated by the Warsaw Convention, 1929. The first part of the thesis looks the evolution of the concept of air carrier liability in international law of civil aviation, the history of the Warsaw Convention including basic sources and subsequent amendments to the Warsaw Convention beginning from the Hague Protocol 1955 to the Montreal Convention 1999. It is also dealing with the Intercarrier Agreements and European Regulations. The second part deals with Turkish Civil Aviation Act. The third part deals with the contract for the carriage of cargo by air, and the air waybill. The fourth part deals with the rights and obligations of the carrier. The fifth part deals with rights and obligations of the consignor. The sixth part deals with the rights and obligations of the consignee. The seventh and last part deals with the liability of the carrier, liability grounds and conditions, principles of limitation of liability, unlimited liability and liability suit.
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The Government Emergency Ordinance no. 195/2005 on the protection of the environment1, stipulates in art. 95: (1) liability for damage to the environment has an objective character, independent of guilt. In case of several authors, the liability is a joint responsibility; (2) as an exception, liability is subjective for the prejudice caused to protected species and to natural habitats, in accordance with the specific regulations; (3) the prevention and remedy of the damage done to the environment are carried out in accordance with the provisions of the present emergency ordinance and specific regulations. From this text, it results that the rule in environmental law is represented by objective liability, independent of guilt (and the exception is subjective liability) and joint liability (in case of plurality of authors). Objective liability and joint liability are the expression of the fundamental "polluter pays" principle (stipulated under art. 3 letter e of GEO no. 195/2005 on the protection of the environment), actually meeting the needs of the victim who, on the one hand does not have to prove the guilt of the doer and, on the other hand, in case of plurality of authors, has the possibility to claim full remedy for damage from any of them. Keyword: ecological prejudice; the abuse of right; the damage risk; the guarantee theory
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In: Cambridge Studies in International and Comparative Law, 85 v. 85
2.1.1 A passing away of the rules of neutrality?2.1.2 Complicity, solidarity and good faith; 2.2 Public interest norms; 2.2.1 The effects of jus cogens; 2.2.2 Obligations erga omnes as obligations for third States?; 2.2.3 Developments in the law of State responsibility; 3 Conclusion; 3 Complicity and the international rule of law; 1 The international rule of law; 1.1 Preliminary issues; 1.2 Individualism or dédoublement fonctionnel?; 1.3 The material completeness of the international legal order; 1.4 The 'climatic' function of the rule of law; 2 The principle of abuse of rights.
In: Revue générale de droit international public
In: Publications N.S., 22
In: The international & comparative law quarterly: ICLQ, Band 19, Heft 4, S. 720-722
ISSN: 1471-6895
In: Paul B. Larsen. Liability Limitation under National Law and the Liability Convention, 52 Space Law Coll
SSRN
The principle of actio libera in causa or the effect of a perpetrator's voluntary intoxication on the existence of a criminal act is controversial in international criminal law. The present legislation, as contained in the Rome Statute, is a compromise between different legal systems. It allows the exclusion of a criminal act based on the fact that the perpetrator was involuntarily intoxicated and he or she cannot be ascribed guilt for the act of intoxication and the criminal act. In the Rome Statute the actio libera in causa principle has three elements, composed similarly of the insanity defence due to biological (intoxication), or psychological (the inability to control actions or understand their consequences), and the third negative condition (nonexistence of guilt for the criminal act). The Rome Statute does not deal with diminished mental capacity due to intoxication and also does not contain stipulations regarding the conditions of a generally diminished mental capacity. I propose that the International Criminal Court finds support in the above-mentioned three elements of the principle of actio libera in causa by acknowledging that a perpetrator's capacity to understand or control his or her actions is partially diminished, not totally absent.
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In: Human Rights Research Series 90
Armed groups have played a predominant role in the violations of international humanitarian law and international human rights law committed in conflict settings. The increase in the number of non-international armed conflicts during the past decades has emphasised the need to address the multiple legal challenges posed by the actions of armed groups. In particular, there is considerable uncertainty regarding the framework of responsibility for armed groups in international law. While much has been written regarding their international (primary) obligations, the possibility of developing a responsibility framework for armed groups under international law has been underexplored. Consequently, the aim of this book is to examine how the principles of international responsibility could be developed and adjusted to account for armed groups as collective entities. This general aim has been divided into three specific objectives. First, the book analyses the concept of responsibility in international law and assesses the legal and practical reasons in favour of developing such a regime for armed groups. Second, it examines the viability of establishing a responsibility regime for armed groups based on rules of attribution. Third, it explores the possible legal consequences of responsibility applicable to armed groups, with a particular focus on the obligation to provide reparations to victims. In doing so, this book will argue that certain non-traditional sources of international law could be used to interpret and adapt international law to the current conditions of contemporary armed conflict.
Fault Lines of International Legitimacy deals with the following questions: What are the features and functions of legitimacy in the international realm? How does international legitimacy, as exemplified in particular by multilateral norms, organizations, and policies, change over time? What role does the international distribution of power and its evolution have in the establishment and transformation of legitimacy paradigms? To what extent do democratic values account for the growing importance of legitimacy and the increasing difficulty of achieving it at the international and the national level? One of the central messages of the book is that, although the search for international legitimacy is an elusive endeavor, there is no alternative to it if we want to respond to the intertwined demands of justice and security and make them an integral and strategic part of international relations
In: International studies perspectives: a journal of the International Studies Association, Band 5, Heft 4, S. 356-377
ISSN: 1528-3577
World Affairs Online
In: Wake Forest Journal of Business & Intellectual Property Law Vol. 20, No. 3
SSRN
In: Brill Book Archive Part 1, ISBN: 9789004472495
The law of international responsibility, a classic area of investigation in international law, has been attracting an ever increasing interest in recent times, as reflected also in the work of the International Law Commission on State responsibility and on responsibility of international organizations. The exploration of current trends in this important area is therefore an appropriate and timely subject for a book in memory of Oscar Schachter, a former United Nations official, Columbia Law School professor, ASIL President, and international lawyer of world-wide reputation, who died in December 2003. The editor of the book has assembled a team of thirty-six prominent international lawyers belonging to twenty different nationalities to write about different aspects of the law of international responsibility, from general issues to specific areas of the law (including responsibility before international courts and tribunals), with respect to both the law of State responsibility and responsibility of international organizations and other non-State actors. The result of this effort is a monographic volume (enriched by a biography and a list of publications of Oscar Schachter, and accompanied by a bibliography of all the works cited in the various contributions and an index for easier consultation), which will be of interest not only to the many admirers and friends of Oscar Schachter around the world, but also, more broadly, to international law academics and practitioners