ICC and National Courts: Incorporating the ICC Principles in national law
In: Quarterly / AFLA, Africa Legal Aid: making human rights a reality, Heft 4, S. 24-27
ISSN: 1384-282X
In: Quarterly / AFLA, Africa Legal Aid: making human rights a reality, Heft 4, S. 24-27
ISSN: 1384-282X
In: Paul B. Larsen. Liability Limitation under National Law and the Liability Convention, 52 Space Law Coll
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In: International affairs, Band 71, Heft 3, S. 654-655
ISSN: 1468-2346
In: Common Market Law Review, Band 54, Heft 2, S. 369-402
ISSN: 0165-0750
This article examines the situations in which the laws of the Member States are relevant before the European courts. The presence of national law in the EU judicial process raises a series of questions linked to its legal status. In order to assess whether the current answers to such questions are appropriate, the article underlines that national law fulfils a variety of functions in the EU judicial process, ranging from the role of a question of law, when it constitutes the rule applied by the EU Courts, to the role of a question of fact when its compatibility with EU law is at stake. It is then observed that while it is appropriate that national law be accorded the legal status of a question of fact in circumstances in which it serves such a function, its legal status should be closer to the one of a question of law whenever it constitutes the rule that the EU Courts apply.
In: Coexistence: a review of East-West and development issues, Band 24, Heft 1, S. 85-94
ISSN: 0587-5994
THIS IS A STUDY OF THE INTERRELATIONSHIP BETWEEN INTERNATIONAL LAW AND NATIONAL LAW, ESPECIALLY AS IT AFFECTS THE SOVIET UNION. THERE THE APPROACH IS FROM THE VANTAGE POINT OF NATIONAL LAW, BECAUSE FOR THE PAST THIRTY YEARS THE SOVIET LEGAL SYSTEM HAS EXPERIENCED AN INCREASED INFLUENCE OF THE RULES OF INTERNATIONAL LAW. THE AUTHOR SEES THIS AS A MORE POSITIVE APPROACH THAN THE WESTERN SYSTEM OF THEORETICAL SPECULATIONS ABOUT THE NATURE OF INTERNATIONAL LAW.
In: International journal of cyber warfare and terrorism: IJCWT ; an official publication of the Information Resources Management Association, Band 10, Heft 3, S. 28-46
ISSN: 1947-3443
The Tallinn Manual on the International Law Applicable to Cyber Warfare (2013) sets out ninety-five 'black-letter rules' governing conflicts and the basis for each in treaty and customary law. An earlier version of this article considered the applicability of national law to cyberspace. Specifically, whether there was sufficient basis at a national law level to establish norms for acceptable behavior at an international level. The proposition being it is time for a new kind of international cooperation in relation to cyber warfare and acceptable norms of behavior in cyberspace. This article provides detail from various national statutes to illustrate how national law applies to cyberspace. Both papers consider the applicability of current national criminal and tort law by using hypothetical scenarios in relation to self-defence, conspiracy and corporate responsibility in the private sector. The intention is to encourage experts to cooperate internationally to recognise national rules equivalent to the Tallinn work.
In: Journal of common market studies: JCMS, Band 34, Heft 3, S. 477
ISSN: 0021-9886
In: Nordisk tidsskrift for international ret, Band 35, Heft 1-2, S. 33-60
ISSN: 1875-2934, 1571-8107
The purpose of this study is to examine the existence of customary law in terms of Pancasila values in the development of national law and what factors influence the existence of customary law in terms of Pancasila values in the development of national law. The research method used is normative juridical. The Indonesian people have succeeded in carrying out legal reforms to the constitution. Legal reform must continue with the formation and renewal of laws replacing Dutch legacy laws. Having its own laws for the Indonesian people can reveal national identity. Legal development simply implies efforts to make improvements from unfavorable conditions to better ones. According to this understanding, development can be meaningful with renewal. Reform is an effort to reorient and reform something that will be pursued through policy. The development of national law is the process of building a legal system and its instruments. The development of national law must be able to replace all Dutch Colonial product laws replaced with their own product laws. Legal development cannot be separated from legal politics, because it is a direction in making and enforcing laws in order to achieve national goals and objectives. Law as mentioned in the Oxford English Dictionary is a collection of rules either as a result of formal legislation or custom, in which a certain state or society claims to be bound as members or as subjects. Law is a behavioral control system (ethical control). The legal form is a norm which is the product of a center of power that has the authority to create and apply the law. Law as a unidirectional control system carried out by a central organ that has power. Unidirectional control implies that control only takes place from a certain organ that is given the capacity and function for it. Unidirectional control is also automatic-mechanical that guides behavior.
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The United Nations Convention on the Rights of the Child (CRC) requires States Parties to take all appropriate measures to implement the rights in the Convention. As we celebrate the 30th anniversary of the Convention's adoption, focus has shifted onto the measures being taken at national level to give effect to children's rights with specific reference to legal incorporation both direct and indirect. The way in which the CRC is given legal effect is highly contingent upon the constitutional and legal systems of individual countries and can best be understood by those writing from the specific national context. So this book combines individual contributions that address the experience of legal incorporation in selected countries by their national experts, with comparative analysis of the international landscape from the world's leading authorities on legal implementation of the CRC. The result is an up-to-date, comparative and international analysis of the progress made around the world to incorporate the CRC, in the first comprehensive and analytical presentation of these issues. Incorporating the UN Convention on the Rights of the Child into National Law is a rich resource central to the work of every lawyer with an interest in the CRC or the incorporation of international legal instruments.
In: International & comparative law quarterly: ICLQ, Band 40, Heft 4, S. 919
ISSN: 0020-5893
In: Paula Giliker (ed), Research Handbook On EU Tort Law (Edward Elgar 2017)
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In: Australian journal of public administration, Band 56, Heft 4, S. 32-46
ISSN: 1467-8500
This article examines the way in which national law firms lobby the federal government from their Canberra offices. It is based on extensive interviews with lobbyists from those law firms, other commercial lobbyists in Canberra and legal professional bodies. The article begins by establishing the unique nature of law firm lobbying. In particular, it looks at the technical skills law firm lobbyists possess, their access to specialist legal knowledge and their preference for administrative, over political, lobbying. The development of law firm lobbying is then discussed. This centres around changes to the legal profession, federal business laws and federal government decision‐making. The article concludes by suggesting that law firm lobbying both reflects and stimulates changes in government decision‐making and will grow in importance as the legal profession in Canberra grows.
In: Luis Eslava, Michael Fakhri and Vasuki Nesiah, Bandung, Global History and International Law: Critical Pasts and Pending Futures (Cambridge University Press, 2016).
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