'The Identity of Governments in International Law' provides a comprehensive account of the international legal regulation of governmental status. This includes the concept of the government, the rules on recognition of and criteria for governmental status, and matters concerning the identity of governments in international organisations.
In: Zeitschrift für ausländisches öffentliches Recht und Völkerrecht: ZaöRV = Heidelberg journal of international law : HJIL, Band 84, Heft 1, S. 204-211
The obligations stemming from international law are still predominantly considered, despite important normative and descriptive critiques, as being 'based' on (State) consent. To that extent, international law differs from domestic law where consent to the law has long been considered irrelevant to law-making, whether as a criterion of validity or as a ground of legitimacy. In addition to a renewed historical and philosophical interest in (State) consent to international law, including from a democratic theory perspective, the issue has also recently regained in importance in practice. Various specialists of international law and the philosophy of international law have been invited to explore the different questions this raises in what is the first edited volume on consent to international law in English language. The collection addresses three groups of issues: the notions and roles of consent in contemporary international law; its objects and types; and its subjects and institutions.
Abstract As the prevalence of assistive-diagnostic artificial intelligence (AI) grows, so too will the legal controversies surrounding its use continue to grow. Consequently, determining liability in cases where patients experience harm due to the use of assistive-diagnostic AI in personal healthcare services requires a re-evaluation of existing civil liability regulations. This article proposes a framework for addressing liability in these situations by exploring medical malpractice, organisational negligence by healthcare institutions, and producer liability.
In article investigates definition of "system" of local government on the basis of constitutional and legislative regulation. Introduced a new approach to classification of local self-government bodies on two groups — obligatory and elective with their subsequent separation. The definition of the system of local self-government bodies and system of public authorities of federal territories is given. The content of the concept of "unity of the system of public power" is revealed in relation to the system of local self-government bodies. In addition, authors once again confirmed justness inclusion of system of local self-government bodies into single system of public authority in the state.
"Security, Religion, and the Rule of Law argues that true, substantive, and sustainable national security is only possible through respect for the rule of law, human rights, and religious freedom. Despite the emphasis on national security and the war on terror that has preoccupied governments for over two decades, nations-and the world-seem to be more divided than ever, with a concomitant impact of increasing the risk of terrorism and religious and political violence. The national security paradigm, previously reserved primarily for foreign threats, has been turned increasingly inwards, focussing on a state's own citizens as potential threats. This is often along religious lines, threatening fundamental human freedoms. This book provides a series of critical engagements on some of the most pressing issues at the interface of religion and security today, including: proposing a deeper engagement with theology when dealing with freedom of religious belief; exploring a better understanding between domestic peace and international relations; abiding by the rule of law while countering terrorism; and developing a broader understanding of identities and of the nature of citizenship. It provides the resources to further reflect upon and address these topics, as well as stimulating further discussions on religion and security matters across a range of different disciplines. Wide-ranging case studies consider Australia, China, Europe, the Kurdish people, Nigeria, Russia, Ukraine, the United Nations, and the United States. This book will appeal to students and scholars across a range of disciplines, including international relations, law, philosophy, political science, religious studies, security studies, and theology. It will also appeal to human rights lawyers, judges, NGO researchers, governmental agency specialists, and policy makers"--
"Kurdistan is among the world's most notorious cases of self-determination denied, and why this outcome remains unachieved reveals as much about the biases of international law as it does about the merits of the case for Kurdistan. On the centenary of the Treaty of Lausanne, 24 July 1923, the last of the international instruments establishing the new international order after WWI, this book explores the potential blind spots of international law regarding its differential application in the Middle East. Tracing self-determination over the past century, the work explores how the law applies to Kurdish aspirations and to what extent the Kurds can rely upon the current law of self-determination to achieve internationally recognised statehood. The book offers an exhaustive historio-legal analysis of changing international legal concepts and geopolitical upheaval, providing a blueprint for Kurdish self-determination in international law. Shedding light on the law's structural biases, it represents a comprehensive historico-legal account of Kurdish aspirations to territorial independence within international law literature, offering a guide to relevant legal problems. It will be of interest to students and academics focused on international law, specifically, peoplehood, statehood, secession, human rights law, political science, and anthropology. Moreover, policymakers, government officials working in peace and conflict, research and advocacy institutes, think tanks as well as scholars of international relations, historians, political scientists, regional specialists, diplomats, and NGO activists will find it a useful reference. The book also illuminates the human rights status of the Kurds in their host states, making it relevant to scholars and activists. Its findings have implications extending beyond Kurdistan to self-determination struggles in Scotland, Catalonia, Ukraine, and elsewhere"--
This article discusses the issues of continuity discreteness in the national state-legal system in theoretical interpretation and practical implementation. The article analyzes a counter-demonstrative socio-legal process involving non-acceptance (in some cases, active and demonstrative denial) of the continuity of national political-legal or socio-social provisions. Certain types, features, causes and political and legal consequences of continuity discreteness in the Russian state are identified. The practical manifestations of the rejection of the continuity of law are investigated. The relevance of continuity as the most important element of preserving the original national legal material for subsequent state-legal formations is emphasized, which in practice constitutes the legal self-identification of the domestic society at every stage of the reform of the state-legal system, including the modern period.