Suchergebnisse

Gender Studies; Migration; International Humanitarian Law, Law of Armed Conflict; Human Rights; Anthropology; Public Law

Relationship of international law and municipal law — Treaties — American Convention on Human Rights, 1969, Article 63(1) — Remedial jurisdiction of Inter-American Court of Human Rights — Whether Inter-American Court of Human Rights exceeding its limits — Whether Inter-American Court of Human Rights having power to annul ruling of domestic court — Res judicata — Argentinian Constitution — Fundamental principles of Argentinian law — Whether prevailing over treaty obligations — Extent to which judgments of Inter-American Court of Human Rights binding on StateInternational tribunals — Jurisdiction — Inter-American Court of Human Rights — Remedial jurisdiction — American Convention on Human Rights, 1969, Article 63(1) — Whether Inter-American Court of Human Rights having power to annul ruling of domestic court — Whether exceeding limits of jurisdiction — Whether Convention authorizing Court to order reversal of domestic judgment — Whether domestic court obliged to comply with ruling of Inter-American Court of Human RightsTreaties — American Convention on Human Rights, 1969 — Whether Convention authorizing Inter-American Court of Human Rights to order reversal of domestic judgment — Obligations of State under Convention — Whether domestic court obliged to comply with ruling of Inter-American Court of Human RightsHuman rights — Right to privacy — Right to freedom of speech — Inter-American Court of Human Rights finding infringement of freedom of speech — Inter-American Court of Human Rights ordering annulment of ruling of domestic court — American Convention on Human Rights, 1969, Article 63(1) — Remedial jurisdiction of Inter-American Court of Human Rights — Whether limits of jurisdiction exceeded — Whether Inter-American Court of Human Rights having power to annul ruling of domestic court — Whether domestic court obliged to comply with ruling of Inter-American Court of Human Rights — The law of Argentina

674Human rights — Freedom of religion and beliefs — Conscientious objection — Defendant appealing rejection of application for discharge from Navy on ground of conscientious objection — Defendant charged under Section 12(1) of Armed Forces Act 2006 while appeal pending — Appeal refused — Court Martial convicting and sentencing defendant — Whether conviction in breach of Article 9 of European Convention on Human Rights, 1950 — Whether defendant entitled to protected status under Geneva Conventions — Whether sentence excessiveRelationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950, Article 9 — Geneva Conventions — United Kingdom domestic law — Armed Forces Act 2006 — Personnel, Legal, Administrative and General Orders 0801 — Guidance on Sentencing in the Court Martial — Domestic procedure for applications for discharge from Navy on ground of conscientious objection — Defendant convicted under Section 12(1) of Armed Forces Act 2006 — Whether conscientious objection a conviction or belief engaging Article 9 of European Convention — Striking balance between rights of individual and rights of others — Whether person conscripted or volunteering for service — Whether domestic procedure satisfying requirements of Article 9(2) of European Convention — Whether conviction and sentence appropriate — Whether United Kingdom defence policy unlawfulTreaties — Interpretation — European Convention on Human Rights, 1950, Article 9 — Conscientious objection — Whether conviction or belief engaging Article 9 of European Convention — Whether domestic procedure satisfying requirements of Article 9(2) of European Convention — Geneva Conventions — Protected status — Whether United Kingdom defence policy unlawfulWar and armed conflict — Geneva Conventions — Protected status — Deployment training — Weapons training — Conscientious objection — Requirement to maintain military service and discipline pending resolution of applications for discharge on basis of conscientious objection — Whether United Kingdom defence policy unlawful — The law of England

В статье рассматриваются дискуссионные вопросы теории международного трудового права. Автор анализирует и сопоставляет различные подходы к определению правовой природы отрасли международного трудового права. Обосновывается авторское определение данной отрасли, дается характеристика структуры предмета, особенности метода и норм международного трудового права. ; This article discusses the controversial questions of the theory of international labor law. The author analyzes and compares different approaches to the definition of the legal nature of the industry of international labor law (public, private or private-public). The author insists on the public nature of international labor law. In the article the author's definition of the industry, are characteristic of the structure of the object, the method of characteristics and rules of international labor law. In the structure of the subject area of international labor law are the two main groups of international relations: 1) international relations for the adoption of (setting) of the international legal instruments on work, containing international standards for labor rights and international law rules, and 2) the international relations of international verification of compliance data international legal instruments, the consideration of international legal disputes in the workplace. International relations as a subject of international labor law are recognized as public relations, where one of the parties is always the subject of public international law that accepts the norms of international law and ensure their compliance with international legal means. These relations are formed on the setting of international standards for labor rights, international conflict of laws rules, and enforce them (security) international legal means. The article raises the issue of atypical subjects of international labor law. Method of legal regulation of the industry is characterized by participation of the social partners (international organizations of workers and employers) in accepting the application of international labor law and social security law, as well as monitoring their compliance. Private international labor law is regarded as a complex industry legislation, combining international standards and national legal systems in order to regulate international labor relations, complicated by a foreign element.

619State immunity — Officials — Criminal proceedings — Decision to bring criminal proceedings against Governor and Chief Executive of constituent State of the Federal Republic of Nigeria — State Immunity Act 1978 — State immunity in criminal proceedings in the United Kingdom — Entitlement to State immunity — Whether State within Federal Republic of Nigeria entitled to immunity — Whether Governor and Chief Executive of constituent State of Nigeria entitled to State immunity in the United KingdomState immunity — Entitlement to State immunity — Federal States — Whether immunity applicable to constituent State of Federal Republic of Nigeria — Powers of constituent State — Lack of capacity of constituent State to conduct international relations — Whether entitlement to State immunity dependent on ability to conduct international relationsState immunity — Entitlement to State immunity — State recognition — Recognition of constituent State by Executive — Certificate of Secretary of State issued under Section 21 of the State Immunities Act 1978 — Whether certificate significant in criminal proceedings — The law of England

566Human rights — Freedom of speech and expression — Freedom of press — Definition — Democratic importance — Constitution of Uganda 1995 — Article 29 of Constitution guaranteeing freedom of speech and expression, including freedom of press — Section 50 of Penal Code Act making publication of false news a criminal offence — Limitation on enjoyment of constitutional right — Article 43(2)(c) of Constitution providing conditions for validity of limitation valid — Whether directed to prevent or remove prejudice to public interest — Whether acceptable and demonstrably justifiable in a free and democratic society — Whether limitation falling within parameters of Article 43 — Whether Section 50 valid limitation under Constitution — Whether Section 50 of Penal Code Act contravening Article 29 of ConstitutionTreaties — Human rights — Freedom of expression — Definition — International instruments to which Uganda party — African Charter on Human and Peoples' Rights 1981, Article 9 — International Covenant on Civil and Political Rights, 1966, Article 19 — The law of Uganda

State responsibility — Damages — Award of damages in general — Grounds for awarding damages — European Convention on Human Rights and Fundamental Freedoms 1950, Article 50 — Just satisfaction in respect of established breach — Moral damage — Material, damage — Monetary compensation — Costs and expenses actually and necessarily incurred in establishing violation — QuantumDisputes — Other international courts — European Court of Human Rights — Proceedings for just satisfaction in respect of established breach of the European Convention on Human Rights 1950 — Costs and expenses actually and necessarily incurred in establishing breach — Whether recoverable — QuantumThe individual in international law — In general — Human rights and freedoms — European Convention on Human Rights and Fundamental Freedoms 1950 — Article 10 — Violation of right to freedom of expression established — Article 50 — Just satisfaction — Injured party — Effect of settlement between the parties — Moral damage — Material damage — Legal costs and expenses — Whether actually and necessarily incurred — Proceedings before Convention institutions — Proceedings before domestic courts — Quantum — Reasonableness of — Interest — Other expenses and disbursements

The conclusion of the Treaty of Amsterdam and its progress through the ratification procedures of the 15 member States of the European Union provides an occasion to re-examine a familiar question. What is meant by the claim by the European Court of Justice that the European Com-munity Treaties have created "a new legal order of international law"1 or, more radically, "a new legal order"?2 Is EC law to be regarded as a particularly effective system of regional international law, or has it been created as, or mutated into, an entirely new species of law? If there are indeed two legal orders, to what extent are they still capable of cross-fertilisation? What about "European Union law"? Have the Treaty on European Union and now the Treaty of Amsterdam eroded the dichotomy between the two legal orders of public international law and EU law? Is public international law itself taking on some of the characteristics which have made EC law an attractive as well as an effective system for regulating relations between sovereign States? Are the two streams converging?

The individual in international law — In general — Before international tribunals — International Court of Justice — Review of judgment closely affecting individuals — Individuals unable to appear as parties before the Court — Whether compatible with principle of equality of partiesInternational organization and administration — The United Nations — The General Assembly — Resolution 34/165 — Whether to be given immediate effect — Retroactive application of resolution — Relation between resolutions, Staff Regulations and Staff Ru1es — United Nations Charter, 1945, Article 101Disputes — International Court of Justice — Advisory jurisdiction — Competence — Committee on Applications for Review of Administrative Tribunal judgments — Application made by Member State — Whether constituting an intervention by a person not party to original proceedings — Effect on authority of United Nations Secretary-General — Propriety of giving opinion — Nature and scope of opinion requested — Extent of review of merits of Tribunal's judgment — Equality of parties before Court — Whether principle applicable to Committee — Procedural irregularities in proceedings before Committee — Whether 'compelling reasons' to decline to give opinion — Prima facie duty of Court not to refuse participation in activities of the United Nations — Formulation of question in request — Whether Court entitled to determine meaning and implications of question — Whether Court entitled to reformulate requestDisputes — International Court of Justice — Advisory jurisdiction — Procedure — Review of judgments of the United Nations Administrative Tribunal — Effect of individuals being involved in original proceedings — Equality of parties before the Court — Whether correct to dispense with otal hearingsInternational organization and administration — International officials — The United Nations — United Nations Administrative Tribunal — Repatriation grant payable to retiring United Nations officials — Whether entitlement dependent on providing evidence of relocation — Review of judgment of Tribunal — Whether Tribunal erred on a question of law relating to provisions of Charter of the United Nations, 1945 — Staff Rules and Regulations — Whether conferring acquired rights — General Assembly Resolution 34/165 — Retroactive application — Article 101 of the Charter — Whether contradicted by Tribunal's interpretation of Staff Rules and Regulations — Whether Tribunal exceeded jurisdiction or competence — Jurisdiction defined in Statute of TribunalDisputes — International Court of Justice — Advisory jurisdiction — Competence — Committee on Applications for Review of Administrative Tribunal judgments — Application made by Member State — Whether constituting an intervention by a person not party to original proceedings — Effect on authority of United Nations Secretary-General — Propriety of giving opinion — Nature and scope of opinion requested — Extent of review of merits of Tribunal's judgment — Equality of parties before the Court — Whether principle applicable to Committee — Procedural irregularities in proceedings before Committee — Whether 'compelling reasons' to decline to give opinion — Prima facie duty of Court not to refuse participation in activities of United Nations — Formulation of question in request — 331Whether Court entitled to determine meaning and implications of question — Whether Court entitled to reformulate request — Procedure — Individuals closely affected by review unable to appear as parties before Court — Whether correct to dispense with oral hearing

This article analyses the special legal regimes that were introduced in Lithuania which dealt with the COVID-19 pandemic during the spring of 2020 and which decided on extraordinary measures in order to contain the spread of this vicious transmissible disease, and how the right to vote was ensured during the 2020 Parliament (Seimas) elections. After examining these special legal regimes, the article concludes that according to the Constitution, the threat to public health, inter alia caused by the worldwide spread of a vicious contagious disease, is not a constitutional ground for introducing a state of emergency per se, unless this threat to public health menaces the constitutional order or social peace. Therefore, the establishment of other special legal regimes – a disaster management regime and quarantine – was chosen, and were introduced by the government in accordance with the law. The analysis in this article shows that the right to vote during the 2020 Seimas elections was proportionately restricted due to the pandemic, and the pandemic did not prevent the holding of general, secret and direct parliamentary elections. The pandemic forced the Seimas to adopt long-awaited amendments to the laws that legalized electronic voting in the country. ; agne.juskeviciute-viliene@tf.vu.lt ; Agnė Juškevičiūtė-Vilienė – Assistant Prof. Dr. at the Faculty of Law, Vilnius University, Lithuania. ; Vilnius University, Lithuania ; Ayala Corao, C., Challenges that the COVID-19 Pandemic Poses to the Rule of Law, Democracy, and Human Rights, Max Planck Institute for Comparative Public Law & International Law (MPIL) Research Paper No. 2020–23, https://ssrn.com/abstract=3638158. ; Birmontienė, T. and Miliuvienė J., Konstituciniai reikalavimai valstybės valdžios institucijoms reaguojant į pandemijos padiktuotus iššūkius Lietuvoje, (in:) L. Jakulevičienė and V. Sinkevičius (eds.), Lietuvos teisė 2020. Esminiai pokyčiai I dalis. COVID-19 pandemijos sprendimai: teisiniai, valdymo ir ekonominiai aspektai, Vilnius 2020, pp. 7–22. ...