Hasil untuk "Law of nations"

S. Anokhin, W. Schulze

Yanina Bloch

UN Women – a successful reform with regard to the issue of gender equality within the United Nations or another missed opportunity? An initial assessment after seven years shows where initial successes could be achieved and which challenges will perhaps fatally contribute to the failure of the new institutions for women’s rights and gender equality. This work takes a look back into the institutional and political history of the United Nations to help the reader understand which innovations were introduced into the United Nations’ system by the founding of UN Women, in order to shed light on the development of women’s rights since the founding of the UN. Furthermore, it analyses in detail the existing failings of international law with regard to the rights and protection of women. Finally, the author gives a concrete assessment of the institutional, political and legal progress and the existing shortcomings in this respect as well as her own recommendations for action.

S. Anaya

Antony T. Anghie

Xiaofen Hu, Shengxiang Liu

Abstract In international counter-terrorism practice, whether states can exercise preventive self-defence against the imminent threat of international terrorist attacks has been a controversial topic. From the perspective of international treaty law, Article 51 of the United Nations Charter hardly constitutes a direct legal basis for preventive self-defence in international counter-terrorism. However, from the perspective of international customary law, empirical analysis shows that the representative preventive self-defence practices of several states after 1945 have met the requirements of consistency, generality, representativeness, and temporality, thus forming international customs. Moreover, states have developed opinio juris regarding preventive self-defence, thus leading to its evolution into a rule of modern international customary law, thereby conferring legality on preventive self-defence in international counter-terrorism. Given the risk of abuse of preventive self-defence measures in international counter-terrorism and its severe challenge to the national sovereignty of the state where terrorist organizations are based, its application must comply with substantive conditions such as severity, authenticity, urgency, and proportionality, and must adhere to procedural conditions of obtaining the consent of the host state, to be deemed lawful. Only in this manner can a balance be maintained between the international rule of law and the need to combat terrorism.

Yingqiang Gao, Fabian Winiger, Patrick Montjourides et al.

Religion and spirituality (R/S) are complex and highly domain-dependent concepts which have long confounded researchers and policymakers. Due to their context-specificity, R/S are difficult to operationalize in conventional archival search strategies, particularly when datasets are very large, poorly accessible, and marked by information noise. As a result, considerable time investments and specialist knowledge is often needed to extract actionable insights related to R/S from general archival sources, increasing reliance on published literature and manual desk reviews. To address this challenge, we present SpiritRAG, an interactive Question Answering (Q&A) system based on Retrieval-Augmented Generation (RAG). Built using 7,500 United Nations (UN) resolution documents related to R/S in the domains of health and education, SpiritRAG allows researchers and policymakers to conduct complex, context-sensitive database searches of very large datasets using an easily accessible, chat-based web interface. SpiritRAG is lightweight to deploy and leverages both UN documents and user provided documents as source material. A pilot test and evaluation with domain experts on 100 manually composed questions demonstrates the practical value and usefulness of SpiritRAG.

Yann-Meing Law

The Hermite-Taylor method evolves all the variables and their derivatives through order $m$ in time to achieve a $2m+1$ order rate of convergence. The data required at each node of the staggered Cartesian meshes used by this method makes the enforcement of boundary and interface conditions challenging. In this work, we propose a novel correction function method, referred to as the discrete correction function method, which provides all the data required by the Hermite method near the surface where a condition is enforced. The flexibility of the resulting Hermite-Taylor discrete correction function method is demonstrated by considering a wide range of problems, including those with variable coefficients, discontinuous solutions at the interface, and generalized sheet transition conditions. Although the focus of this work is on Maxwell's equations, this high-order method can be adapted to other linear wave systems. Several numerical examples in two space dimensions are performed to verify the properties of the proposed method, including long-time simulations.

Qiuyang Lu, Fangjian Shen, Zhengkai Tang et al.

The quality and accessibility of multilingual datasets are crucial for advancing machine translation. However, previous corpora built from United Nations documents have suffered from issues such as opaque process, difficulty of reproduction, and limited scale. To address these challenges, we introduce a complete end-to-end solution, from data acquisition via web scraping to text alignment. The entire process is fully reproducible, with a minimalist single-machine example and optional distributed computing steps for scalability. At its core, we propose a new Graph-Aided Paragraph Alignment (GAPA) algorithm for efficient and flexible paragraph-level alignment. The resulting corpus contains over 713 million English tokens, more than doubling the scale of prior work. To the best of our knowledge, this represents the largest publicly available parallel corpus composed entirely of human-translated, non-AI-generated content. Our code and corpus are accessible under the MIT License.

Lena Halldenius

not allow for more fine-grained assessments. The hard question for Koh is why Trump has been able to bring as much change as he has to international law and institutions in such a short period.28 Trump has announced that the United States will withdraw from at least six international agreements, including a major arms control agreement and Obama’s two signature agreements (Paris and Iran). He has refused to conclude, or stopped negotiating over, two important international trade agreements. He has upended the international trade system and publicly trashed the North Atlantic Treaty Organization, the G7, the G20, the United Nations, and most of the United States’ traditional allies. He has withdrawn from two important human rights bodies, reversed the United States’ historic position on human rights leadership, taken an aggressive initiative against the International Criminal Court, stopped cooperating with human rights rapporteurs, and possibly violated international law with his travel ban. Perhaps, as Koh hopes, the Resistance will eventually reverse these initiatives. Its success will depend on the identity and attitude of the next administration, the depth and rigidity of the new international relations paths Trump charted during his years in office, and the impact of the actions Trump took (and did not take) on U.S relationships with nations and international institutions. It will also depend on larger structural trends in international relations that were operating before and independent of Trump, but which Trump might have accelerated. These trends include the rise of China as a global power; the many failures of “liberal internationalism,”which have contributed to a global populist and nationalist backlash; and the blowback and exhaustion from American military and financial overstretch during almost two decades of global war. The future is hard to predict. But any way one looks at it, Trump has brought enormous change to international law and institutions in just two years even though he is generally incompetent at wielding executive power. His actions to date attest to the fact that we live in an era of unprecedented presidential dominance over international law.29

Zhengkai Mao, Xiaohan Li, Huirong Liu et al.

International custom is considered to be the oldest and the original source of public international law. However, because it is unwritten, the identification of international custom has always been a controversial issue in the context of international law. Article 76(8) of the United Nations Convention on the Law of the Sea (UNCLOS) is the core article of the international system of laws governing the continental shelf. It stipulates the basic procedure for identifying the rights of coastal states to the continental shelf beyond 200 nautical miles (extended continental shelf, ECS) The issue of whether this paragraph constitutes customary international law is actually the question of whether the binding force of the limits of the ECS, which have been delineated based on recommendations of the Commission on the Limits of the Continental Shelf, can extend to non-parties to the UNCLOS. This study starts with the “two elements” theory of traditional customary international law and then considers its new interpretation according to modern theories. Following this, the authors provide a jurisprudential and practical exploration of whether Article 76(8) of the UNCLOS constitutes customary international law from the perspectives of how treaties are used to form customary international law, and the current delineation practices of coastal states on the ECS.

Juliana Horn Machado Philippi

As tecnologias da informação e comunicação (TICs) estão cada vez mais presentes no cotidiano, com impactos na sociedade e, consequentemente, na Administração Pública, que deve acompanhar o desenvolvimento tecnológico e as necessidades e anseios sociais. É possível dizer que há uma mudança de paradigma com a digitalização, com um mundo “phygital” (ou “figital” em português, resultante da junção de físico com digital), e que se vive em uma sociedade da informação. Nessa realidade, está em curso a transformação digital da Administração Pública, marcada pela evolução do governo eletrônico paro o governo aberto e o governo digital, marcado pelo uso das tecnologias da informação e comunicação (TICs) não apenas como instrumento, mas sim para aproximar a população da Administração Pública, de forma a permitir sua participação e controle, bem como a prestação de serviços públicos. É imprescindível a atenção aos direitos fundamentais, sobretudo os sociais, no governo digital, de modo que este não deve se limitar à desburocratização e eficiência administrativa, mas sim atender a verdadeira inovação e inclusão das diversas camadas sociais e da própria Administração Pública na verdadeira inclusão digital. Ademais, é inegável que existe desigualdade no acesso à internet e tecnologias não apenas na sociedade, mas também na própria Administração Pública, sobretudo em um país de dimensões continentais e tantas desigualdades como o Brasil. Portanto, há a necessidade de minimização dessas diferenças e efetiva implantação de uma cultura de dados na Administração Pública, para que haja consciência quanto à ética no uso, armazenamento, tratamento e compartilhamento dos dados obtidos no âmbito do governo digital. Assim, em estudo realizado mediante pesquisa bibliográfica e com o emprego do método dedutivo, entende-se que, para que sejam atendidos os direitos fundamentais no governo digital, deve haver atenção especial ao direito fundamental à proteção de dados, com constante atenção à segurança dos dados e capacitação dos agentes públicos, com reforço da ética no manejo dos dados pessoais, para que não ocorram vazamentos e nem compartilhamentos ilegais e indevidos.

Georges Abi-Saab

This essay examines the activities of the Institute of International Law (the Institute or IIL) during its 150 years of existence, dealing directly or indirectly with the colonial phenomenon. It distinguishes between two major periods of roughly equal length: first the period between the years 1873 and 1945; and second, the period from 1945 to the present. These correspond to two important periods of international relations: the second wave of colonial expansion and its remnants and the regime of mandates following World War I, on the one hand, and the era of the United Nations Charter, the promotion of human rights, self-determination, and decolonialization, on the other hand.

Stacey Law

In this article we investigate the positivity of Sylow branching coefficients for symmetric groups when $p = 3$. In particular, we complete the discussion begun by Giannelli and the author in arXiv:1712.02642 (J. Algebra) and developed in arXiv:1909.09446 (J. London Math. Soc.) concerning the case of odd primes.

K. Hüfner

Simon Chesterman

Irakli Kldiashvili

On the eve of the 20th century the Constitution of Georgia became one of the most progressive legal documents in the region. It did not only establish the tripartite separation of political power among the governmental branches, but it also fully expressed the fundamental values and rights shared by the then contemporary western community. The concept of a written constitution, along with the fundamental rights rooted in the natural law philosophy, triggered the rise of an entirely new perspective for the in-depth definition of constitutionalism. Unsurprisingly, the Georgian Constitution of 1921 reflected these values in its text and became the basis for its modern successor. In this light, it is worth remembering the roots of the American fundamental values that made their way into the first written constitution in the world – the Constitution of the United States of America.

Idris Idris, Taufik Rachmat Nugraha

Through the United Nations, the international community is seriously paying attention to the use of seabed areas as regulated by the Law of the Sea Convention 1982, which states that the area and its resources are the common heritage of humankind.  The 1994 Agreement has implemented chapter XI. The resources are relating to the state's interests in terms of energy exploration and environmental impact aspects. An increasing need for global electronic products by many countries in which of the components are rare minerals. Various minerals such as manganese, polymetallic nodules, and polymetallic sulphur are lying down in the seabed. However, seabed also had an essential role in keeping the marine ecosystem balanced. On the one hand, the human's need for those minerals also cannot be denied. Draft of regulations by the International Seabed Authority to manage deep-sea mining are still insufficient to prevent irrevocable damage to the marine ecosystem and loss of essentials species for the next. On the other hand, the spirit of Sustainable Development Goals 14 concerns life underwater. This paper examines deep-sea mining science from a legal perspective to protect and preserve seabed for the future generation using normative approach describing norms and principles in the Law of the Sea Convention 1982. As a result, the commercialisation of deep-sea mining violates the principle of the convention. Thus, it needs to encourage ISA to enhance the minimum requirements for all contracting parties in the future.

Raphael Watschinger, Michal Merta, Günther Of et al.

We present a novel approach to the parallelization of the parabolic fast multipole method for a space-time boundary element method for the heat equation. We exploit the special temporal structure of the involved operators to provide an efficient distributed parallelization with respect to time and with a one-directional communication pattern. On top, we apply a task-based shared memory parallelization and SIMD vectorization. In the numerical tests we observe high efficiencies of our parallelization approach.

Baron Law

A simple method is proposed to estimate the instantaneous correlations between state variables in a hybrid system from the empirical correlations between observable market quantities such as spot rate, stock price and implied volatility. The new algorithm is extremely fast since only low-dimension linear systems are involved. If the resulting matrix from the linear systems is not positive semidefinite, the shrinking method, which requires only bisection-style iterations, is recommended to convert the matrix to positive semidefinite. The square of short-term at-the-money implied volatility is suggested as the proxy for the unobservable stochastic variance. When the implied volatility is not available, a simple trick is provided to fill in the missing correlations. Numerical study shows that the estimates are reasonably accurate, when using more than 1,000 data points. In addition, the algorithm is robust to misspecified interest rate model parameters and the short-sampling-period assumption. G2++ and Heston are used for illustration but the method can be extended to other affine term structure, local volatility and jump diffusion models, with or without stochastic interest rate.

Jan Zapletal, Raphael Watschinger, Günther Of et al.

The presented paper concentrates on the boundary element method (BEM) for the heat equation in three spatial dimensions. In particular, we deal with tensor product space-time meshes allowing for quadrature schemes analytic in time and numerical in space. The spatial integrals can be treated by standard BEM techniques known from three dimensional stationary problems. The contribution of the paper is twofold. First, we provide temporal antiderivatives of the heat kernel necessary for the assembly of BEM matrices and the evaluation of the representation formula. Secondly, the presented approach has been implemented in a publicly available library besthea allowing researchers to reuse the formulae and BEM routines straightaway. The results are validated by numerical experiments in an HPC environment.