Hasil untuk "Law of nations"

Shu-Hong Lin, Yu-Cheng Wang

The Marine Pollution Control Act (MPCA) in Taiwan aims to align with international conventions such as the United Nations Convention on the Law of the Sea (UNCLOS), the International Convention for the Prevention of Pollution from Ships (MARPOL), the International Convention on Civil Liability for Oil Pollution Damage (CLC), the International Oil Pollution Compensation Funds (FUNDs), and the International Convention for the Control and Management of Ships’ Ballast Water and Sediments (BWM). However, Taiwan’s particular international status prevents formal participation in these treaties. This study evaluates Taiwan’s legal and institutional frameworks on ship emission control, pollution liability and compensation, and interagency coordination, identifying key gaps compared with global standards. By analyzing Japan’s and South Korea’s best practices in port management, cross-border pollution prevention, and vessel monitoring, this study proposes legal and policy reforms that are tailored to Taiwan. Recommendations include strengthening liability mechanisms, enhancing interagency collaboration, monitoring vessels, and fostering regional cooperation. Our findings suggest that these reforms will improve Taiwan’s marine environmental governance and contribute to regional and global ocean sustainability.

E. A. Torkunova

INTRODUCTION. This article is devoted to the analysis of the complex political and legal reasons behind the prohibition of eugenics in European law. The article examines the contemporary prohibition of eugenics in the Charter of Fundamental Rights of the European Union 2000, the ban in international criminal law, the historical regulation of eugenic practices in European countries, as well as new challenges in this area.MATERIALS AND METHODS. The scientific study examines international treaties, conventions, and judicial practice. General scientific and specific scientific methods of cognition (methods of analysis and synthesis, deduction, induction, comparative legal and formal legal methods) were used in preparing the study.RESEARCH RESULTS. The author concludes that there are several blocks of reasons for the modern prohibition on the regulation of eugenic practices. The first block of reasons for the prohibition of eugenics is linked to the criminalization of certain eugenic practices, including the deliberate selection of people, at the international level after World War II. The second block of the eugenics ban is due to the failure of the political and legal course in several European countries (primarily Scandinavia), associated with the infringement of reproductive rights of certain vulnerable social groups. The third block of reasons for the prohibition of eugenics is triggered by attempts to apply modern advances in biomedicine and genetics, affecting human reproduction and genome, which could adversely impact the interests of future generations of humanity.DISCUSSION AND CONCLUSIONS. New challenges of eugenics are difficult to regulate and are often not covered by any prohibition or legal regulation at all. An obvious threat is that eugenics for the purpose of human selection, facilitated by the development of new biotechnologies, may become an initiative of civil society without any state programs and policies and be based on the activities of non-state actors or the convictions of private individuals.

Saleh Hussain Ali, Sami Hammadi Resen, Anas Akram Mohammed Subhi et al.

The article critically examines the United Nations Convention on the Law of the Sea (UNCLOS) and its limitations in addressing marine territorial disputes, especially in regions where Islamic jurisprudence holds influence. Given the strategic and resource value of marine territories, international conflicts frequently arise over these areas. While UNCLOS aims to regulate and resolve such disputes, its effectiveness is hindered by geopolitical power dynamics and enforcement challenges. This research utilizes a mixed-methods approach, involving an extensive review of historical conflicts governed by UNCLOS, along with qualitative interviews with diplomats, international law experts, and Islamic legal scholars. Findings reveal that while UNCLOS establishes a formal legal framework for marine claims, its application often falls short in regions where political interests supersede legal protocols. Integrating principles of Islamic jurisprudence, particularly justice, equity, and mutual respect, can offer alternative pathways to enhance UNCLOS's efficacy in dispute resolution. The article concludes that incorporating Islamic legal principles could address UNCLOS’s shortcomings, fostering a more harmonious and cooperative maritime environment in geopolitically sensitive areas.

Russell Rozinskis, Chloe Rourke

The Convention on the Rights of Persons with Disabilities (CRPD) came into force in 2008. People with disabilities, including people with psychosocial disabilities, were instrumental to its development. Article 12 and Article 14 of the CRPD, which respectively affirm the universal legal capacity and right to liberty of persons with disabilities, were viewed as key victories by disability rights movements. These provisions are particularly important for people with psychosocial disabilities who are routinely subjected to human rights violations through psychiatric detainment and involuntary treatment authorized under domestic mental health legislation in many states. We aim to advance discourse surrounding the CRPD and its development by centring mad peoples’ voices and individuals with lived experience through a literature review and interviews with key disability rights advocates. Using Canada as a case study, we critically examine the implementation of the CRPD and the need to align mental health acts with our international human rights obligations. We argue that forced psychiatric interventions violate the rights of persons with psychosocial disabilities and cause inherent harm. There is an urgent need to move towards new paradigms of care that promote the dignity and autonomy of people with psychosocial disabilities.

Athena Coustenis, Niklas Hedman, Peter T. Doran et al.

Planetary protection is a set of measures agreed upon at an international level to ensure the protection of scientific investigation during space exploration. As space becomes more accessible with traditional and new actors launching complex and innovative projects that involve robotics (including sample return) and human exploration, we have the responsibility to protect the pristine environments that we explore and our own biosphere. In this sense, the Committee on Space Research (COSPAR) provides the international standard for planetary protection as well as a forum for international consultation. COSPAR has formulated a Planetary Protection Policy with associated requirements for responsible space exploration. Although not legally binding under international law, the standard offered by the Policy with its associated requirements is internationally endorsed along with implementation guidelines supplied for reference in support States’ compliance with Article IX of the United Nations Outer Space Treaty of 1967. Indeed, States parties to the Outer Space Treaty (under Article VI) are responsible for any space activities in their countries, governmental and non-governmental. The main goal of this Policy is to avoid compromising the search for any lifeforms on other celestial bodies and to protect the Earth from a potential threat posed by extraterrestrial samples returned by an interplanetary mission. The COSPAR Planetary Protection Policy has defined five categories, depending on the target and objective of the specific space mission. Associated to these categories are requirements are various degrees of rigor in the contamination control applied. The Policy is assessed regularly and updated with input from new scientific findings and in conjunction with the fast-evolving space exploration milieu. The COSPAR Panel on Planetary Protection (PPP) is a designated international committee composed of scientists, agency representatives and space experts. Its role is to support and revise the COSPAR Policy and its related requirements (https://cosparhq.cnes.fr/scientific-structure/panels/panel-on-planetary-protection-ppp/). The Panel’s activities deal with the individual needs of a space mission while exercising swift care and expertise to ensure sustainable exploration of the Solar System.

Christian Imanuel Nainggolan

This paper delves into the intricate dynamics of international law and dispute resolution within the context of renewable energy development, focusing on Indonesia's downstreaming of nickel ores. As renewable energy initiatives gain prominence globally, the demand for essential minerals like nickel increases, prompting nations like Indonesia to explore downstreaming processes. However, this transition presents complex legal challenges, including international trade agreements, environmental regulations, and indigenous rights. Through a comprehensive review of relevant literature and case studies, this study analyzes Indonesia's approach to nickel ore downstreaming and its implications for international law and dispute resolution mechanisms. Additionally, it examines the role of international organizations, such as the World Trade Organization (WTO) and the United Nations Commission on International Trade Law (UNCITRAL), in resolving disputes arising from renewable energy projects. By synthesizing legal frameworks, environmental concerns, and socio-economic factors, this paper offers insights into navigating the legal complexities of renewable energy development, with a focus on Indonesia's nickel industry. Ultimately, the findings contribute to the discourse on sustainable resource management and the role of international law in facilitating equitable and environmentally responsible energy transitions.

Javier Alejandrino Neyra Villanueva

El presente trabajo tiene como objetivo principal dar a conocer de qué manera la vigilancia electrónica va a servir como medida coercitiva preventiva en los procesos judiciales, toda vez que va a lograr evitar la sobrepoblación en las cárceles. Ello tiene como consecuencia el hacinamiento y la falta de separación entre procesados y condenados, y repercute en la posición de garante que poseen los Estados frente a las personas privadas de libertad, en relación con el principio de trato humano, el derecho a la vida y a la integridad personal de aquellas personas que, siendo aún procesadas, son privadas de su libertad, toda vez que esta medida debe ser la excepción y no la regla. En ese sentido, haremos una revisión de los conceptos sobre la vigilancia electrónica, su importancia de aplicación, así como otros estudios previos a esta, con la finalidad de que se tome conciencia para evitar los problemas carcelarios existentes.

Vicente F. Benítez-R.

Judicial invalidation of constitutional amendments has garnered the attention of scholars in the last few years. Questions like whether and how a court should quash an amendment are at the forefront of contemporary comparative-constitutional-law and constitutional-theory inquiries. This excessive focus on annulment, however, has neglected some other nonconventional forms of judicial involvement regarding amendments. Taking Colombia as a case study, this article shows that the Constitutional Court has also had the power to initiate amendments, define their content, rewrite their text, and promulgate them. As these novel judicial interventions that go beyond invalidation resemble the prerogatives commonly vested on the amendment power, this research terms them ‘constitution-amending case law’, offers an in-depth exploration of them, and proposes a typology of such a jurisprudence. Lastly, the article ends with a cautionary note about the challenges this type of constitution-amending case law faces from the perspective of democracy and democratic backsliding.

Åsa Olsson, Helene Elvstrand, Nina Thelander

In 2020, the United Nations Convention on the Rights of the Child (UNCRC) is incorporated into Swedish law. In the proposals for new legislation, capacity building was emphasized to generally develop knowledge about children’s rights among professionals at all levels. This article explores the content and aims related to children’s rights in syllabi for Swedish teacher education. 49 programme study plans and 313 syllabi at twelve universities were examined. Results suggest that the teaching of children’s rights in teacher education programs focuses on values rather than knowledge. University syllabi closely mirror national aims, often using exact wording with little effort to elaborate or concretize these aims. The content is expressed in general terms, and courses provide little guidance in what teachers need to know to be prepared for human rights education. Further, it seems that knowledge about children’s rights is considered more important for preschool and primary school teachers, than for teachers in secondary and upper secondary school

Paulina Valle Segura, Rubén Méndez Reátegui

This paper introduces a review based on the economic analysis of the law. In that sense, it analyzes the application of border measures in terms of “the right and its consequences”. This mechanism of precaution applied by the customs in the air, maritime and terrestrial limits foresees the suspension of the customs clearance of the merchandise that may infringe. He therefore resorts to the theoretical-descriptive method to make a consistent description in a context where there are ample perverse incentives for the import and/or export of unauthorized copies. The first section focuses on facilitation against regulation and customs control of trade. Next, the second part addresses the relevance of customs control of import and export goods in Ecuador. The third explores the importance of border measures (criminal and unfair competition). The fourth section considers in a theoretical sense the impact on transaction costs in import and export operations. Finally, the document develops a comparison between national norms and procedures with the type of request for a border measure made by other countries of the Andean community of the United Nations. It is concluded that the adoption of the mechanism can generate high administrative and transaction costs in import and export operations, due to the absence of rules of the game and more efficient automated procedures and under a continuous improvement scheme.

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I. P. Dudykina

INTRODUCTION. The article provides a doctrinal legal description of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus, 25 June 1998) (hereinafter referred as the Aarhus Convention). According to the common position of the Russian and Anglo-American legal scholars, the Aarhus Convention was a new and crucial step in linking environmental protection measures with human rights, including through improved international legal mechanisms for environmental impact assessment. The few assessments of this convention in the Russian science of international law are restrained. In the Anglo-American scientific literature the scholars see legal value of this convention as a source of international law in the context of the Convention setting very specific legal standards for public participation in environmental protection measures. MATERIALS AND METHODS. The material for the study was the Aarhus Convention itself, the previous international legal instruments on environmental protection, as well as the European Union Directives defining the basis of the environmental impact assessment procedure, primarily against the background of the interpretation of these legal instruments in the Russian and Anglo-American international legal doctrine. The methodological basis of the study was general scientific and private scientific methods of cognition (dialectical method, methods of analysis and synthesis, deduction and induction), as well as special methods used in legal science, such as historical and legal, formal legal and comparative legal methods. RESEARCH RESULTS. In the article, the author critically analyzed how the Russian and AngloAmerican scientific publications on international law assesses the impact of the Aarhus Convention on the development of international environmental law. What is especially important, the conventional mechanisms are analyzed in the context of the applicable court practice to the Arctic regions. The article deals with the doctrinal interpretation of the Convention mechanisms of harmonization of socio-environmental (including environmental) and economic interests of States and their individuals, physical and legal, especially against the background of environmental law of the European Union. DISCUSSION AND CONCLUSIONS. In the article the author draws the reader’s attention to the fact that the Aarhus Convention is little studied even in foreign courses of international law, especially in the Russian international legal doctrine. Having been adopted through the UN Economic Commission for Europe platform, the Aarhus Convention entered into force in 2001, the Anglo-American legal literature is considered as closely interrelated with the development of environmental regulation in the States of the European Union taking into consideration that in the Aarhus Convention that many procedural and legal elements related to public participation in decision-making on specific activities, including in the field of energy, as well as the receipt of significant environmental information by the population, have been developed. The Aarhus Convention, having had a significant impact on the development of the legal mechanisms at the intersection of the human rights and environmental sectors, is aimed at the effective harmonization of social, environmental and economic interests what is especially important for the verification of the regime of environmental protection in the Arctic.

Stanković Miloš

In Salian and Ripuarian Code affatomia represented a bilateral legal transaction that was aimed at changing of the scoped of heirs determined by the customs, at least insofar being applied in the absence of biological descendants only. However, almost all further similarities in the field cease at this point. The form for using affatomia with Ripuarian Franks was much simpler than the one with the Salian Franks. Unlike the Salian Franks, affatomia could by all odds be used by Ripuarian Franks spouses in determining each other for a heir. Legal nature of the Salian Franks affatomia is most similar to the mancipatio familiae type of will in the Roman law (which does not mean it emerged from this law), while its form in the Ripuarian Code is much closer to testamentary adoption. As with Ripuarian Franks, affatomia seems to have definitely produced legal effects only after the death of the disposant, while its legal effects with the Salian Code performed inter vivos. Contemporary authors are trying to designate the legal nature of legal affairs from the early development of human and legal civilization through modern institutes that represent the completion of their evolutionary path. Taking the inheritance contract of the German or Swiss law, or the future assets donation of the French law, for example, and then comparing them to affatomia and thinx is an anachronism. This is evident by the fact that the legal nature of these ancient Germanic institutes can not be viewed unilaterally, but always through a combination of those institutes which we know today as adoption, gift or mixed donation with retention of different modalities for the transferor or the testator (usually usufruct). In this sense, if we are looking for a inheritance agreement in the Middle Ages, the contract in which a person determines other person for his/her universal or singular successor in the modern sense, we will certainly not find one. However, if within this institute we see bilateral legal transaction whose subject is the future legacy or exactly specified legal issue from legacy, which aims to voluntarily change the law and customs of the established circuit of heirs, who partially performed legal effects among the living, and partly in case of death, the one that differs from the legacy through its irreversibility, we will then find its roots with the Franks and the Langobards, while its first clear shapes and forms we will find as early as XIII century. If we start from this initial premise, bearing in mind that different nations in different historical epochs attained a certain level of cultural, economic and legal emancipation, it is possible to draw another conclusion. It is the fact that disposal of assets in case of death, which meant some form of approval of the one in whose favour assets were disposed (what we would call today a bilateral legal transaction), has always preceded legacy as a unilateral legal transaction. Further on, it means that affatomia and thinx, as well as Morgengabe, can be considered roots in Germanic contractual inheritance law. But if we follow the development of an idea, abstracting the inevitable differences, Babylonian nudunu, Islamic vassijet, donatio mortis causa (from Babylon, through the Spartan and Roman law, to the Mirror of the Saxons), Vergabungen of the Schwabenspiegel, especially the Roman mancipatio familiae last will, can all equally be regarded as the roots of the contractual inheritance.

C. Narayan, Deep Shikha

Although there was a rich tradition of legal system in Ancient India, the present judicial system of the country derives largely from the British system and is based on English Common Law, a system of law based on recorded judicial precedents. Earlier legislations in respect of mental health were primarily concerned with custodial aspects of persons with mental illness and protection of the society. Indian laws are also concerned with determination of competency, diminished responsibility and/or welfare of the society. United Nations Convention for Rights of Persons with Disabilities (UNCRPD) was adopted in 2006, which marks a paradigm shift in respect of disabilities (including disability due to mental illness) from a social welfare concern to a human right issue. The new paradigm is based on presumption of legal capacity, equality and dignity. Following ratification of the convention by India in 2008, it became obligatory to revise all the disability laws to bring them in harmony with the UNCRPD. Therefore, the Mental Health Act – 1987 and Persons with Disability Act – 1995 are under process of revision and draft bills have been prepared. Human right activists groups are pressing for provisions for legal capacity for persons with mental illness in absolute terms, whereas the psychiatrists are in favor of retaining provisions for involuntary hospitalization in special circumstances.

Leo Gross

Kamal Matinuddin

Richard G. Fairbrother, R. Mccorquodale

L. Gostin, Lance A. Gable

J. Goldsmith

R. Stark