Hasil untuk "Law of nations"

Nada Al-Duaij

Objectives: This study aims to highlight the dangers posed by the territorial dispute over the gas field between Iran, Kuwait, and Saudi Arabia. It focuses on peaceful methods to resolve such conflicts and clarifies the reasons fueling these disputes, particularly the reliance on national legislation to define territorial waters and economic zones, without considering international law principles regarding the rights of adjacent states. Methods: This study adopts the historical approach to explore the relationship between Kuwait, Saudi Arabia, and Iran regarding the gas field claims. It also employs a comparative approach to analyze similar international disputes and a descriptive approach to assess the gas field's ownership under the 1982 United Nations Convention on the Law of the Sea. Results: The study finds that the Dorra gas field is rightfully Kuwait's, without shared rights with any other regional state, and highlights Kuwait's right to partner with Saudi Arabia. Key findings include the need to pursue peaceful dispute resolution methods and the importance of avoiding armed conflict whenever possible. Conclusion: The study concludes that the Dorra gas field is located in Kuwait's exclusive economic zone. Iran's national legislation, which defines its economic zone and territorial sea, contradicts international law and aims to claim the Dorra field under its sovereignty. Kuwait's agreement with Saudi Arabia to jointly exploit the field is a legitimate right. Iranian objections have a defined path for peaceful resolution and should not escalate to armed conflict.

Siripen Pongpaichet, Boonyapat Sukosit, Chitchaya Duangtanawat et al.

Crimes result in not only loss to individuals but also hinder national economic growth. While crime rates have been reported to decrease in developed countries, underdeveloped and developing nations still suffer from prevalent crimes, especially those undergoing rapid expansion of urbanization. The ability to monitor and assess trends of different types of crimes at both regional and national levels could assist local police and national-level policymakers in proactively devising means to prevent and address the root causes of criminal incidents. Furthermore, such a system could prove useful to individuals seeking to evaluate criminal activity for purposes of travel, investment, and relocation decisions. Recent literature has opted to utilize online news articles as a reliable and timely source for information on crime activity. However, most of the crime monitoring systems fueled by such news sources merely classified crimes into different types and visualized individual crimes on the map using extracted geolocations, lacking crucial information for stakeholders to make relevant, informed decisions. To better serve the unique needs of the target user groups, this paper proposes a novel comprehensive crime visualization system that mines relevant information from large-scale online news articles. The system features automatic crime-type classification and metadata extraction from news articles. The crime classification and metadata schemes are designed to serve the need for information from law enforcement and policymakers, as well as general users. Novel interactive spatiotemporal designs are integrated into the system with the ability to assess the severity and intensity of crimes in each region through the novel Criminometer index. The system is designed to be generalized for implementation in different countries with diverse prevalent crime types and languages composing the news articles, owing to the use of deep learning cross-lingual language models. The experiment results reveal that the proposed system yielded 86%, 51%, and 67% F1 in crime type classification, metadata extraction, and closed-form metadata extraction tasks, respectively. Additionally, the results of the system usability tests indicated a notable level of contentment among the target user groups. The findings not only offer insights into the possible applications of interactive spatiotemporal crime visualization tools for proactive policymaking and predictive policing but also serve as a foundation for future research that utilizes online news articles for intelligent monitoring of real-world phenomena.

Belardo Prasetya Mega Jaya, Agus Prihartono Permana Sidiq, Mohamad Fasyehhudin et al.

ABSTRACT A unilateral claim from China is in the form of dots or 9 dotted ‘Nine-dash line' which forms the letter ‘U' intersects with Indonesia Exclusive Economic Zone. Coordinating Ministry for Maritime Affairs of Indonesia, has issued the latest 2017 Map of the Unitary State of the Republic of Indonesia. The 2017 NKRI Map is the proposed naming of the sea space, which was previously known as part of the South China Sea (SCS), to the North Natuna Sea. Therefore, this study aims to: (1) analyse how the legality of the sovereign rights of the Republic of Indonesia in the North Natuna Sea-based United Nations Convention on the law the Sea 1982; and (2) analyse how the Indonesian government responds in the North Natuna Sea. This research uses normative research methods. The results show that based on UNCLOS 1982, Indonesia has the legality to exercise sovereign rights in the North Natuna Sea. The Republic of Indonesia confirms that there is no dispute with China in the North Natuna Sea because China’s claims are not legal or not based on United Nations Convention on the law the Sea 1982.

Fauzi A.

In a nation that adheres to the concept of the separation of powers based on the trias politica principle, the state's authority is divided among the executive, legislative, and judicial branches. Regarding the judicial branch, it operates with the principle of judicial independence, which is essential for upholding human rights, the rule of law, and justice. To apply this principle, judges are required to perform their duties in accordance with their oath and the law, without any external interference or directives. In Indonesia's legal framework, Article 24, Paragraph (2) of the 1945 Constitution outlines the exercise of judicial authority by the Supreme Court and various subordinate judicial bodies, including those with general, religious, military, and administrative jurisdiction, as well as the Constitutional Court. This research employs a comparative legal approach, analyzing the legal systems of both Indonesia and Hong Kong to enhance the coherence of national law by evaluating it in relation to another country's legal structure. The findings of this study are as follows: Firstly, the establishment of corruption criminal courts in Indonesia aligns with international agreements such as the United Nations Convention against Corruption (UNCAC) and the Declaration of Human Rights. However, the Indonesian system employs an ad hoc structure and ad hoc judges, which introduce certain vulnerabilities in ensuring the independence of these judges. Secondly, in Hong Kong, the establishment of corruption criminal courts is constitutionally guaranteed and institutionalized. Hong Kong's constitution explicitly prohibits the creation of ad hoc courts, resulting in a permanent and non-ad hoc court structure. As a result, the assurance of judicial independence for judges in Hong Kong is more robust and secure.

Paula Franciele Silva, Clarissa Campani Mainieri

As mulheres transexuais são vítimas de diversas formas de violência, reflexo da violência de gênero que opera como uma das raízes que sustentam a violência estrutural e os crimes de Estado. O Supremo Tribunal Federal (STF) por seu caráter contramajoritário e como guardião do texto constitucional deve atuar a fim de reduzir as desigualdades sociais. Por essa linha, o presente artigo discute a partir de uma perspectiva crítica as razões pelas quais o gênero deve ser o elemento norteador das decisões judiciais que versem sobre direitos e garantias das mulheres transexuais. O método utilizado para o desenvolvimento da argumentação é a revisão bibliográfica combinada com a análise de julgados da corte superior. O caso analisado é o RE 845779, ainda pendente de decisão final, que trata sobre a possibilidade de mulheres transexuais utilizarem banheiros públicos de acordo com sua identidade de gênero.

Christopher N. Warren

Nana Uznadze, Giorgi Melikidze

Since the beginning of 2020 the World woke up to a new reality: due to the dangers of Pandemic, majority of states are forced to change the rhythm of their lives and put it under the strict measures of emergency regime. The massive deployment of the states of emergency has itself put the need to analyse the legislature governing this institute high on the agenda, in Georgia as well as in the world. As the research has demonstrated, naturally, the state of emergency is announced differently depending on the models of governance, such as participation of various institutions in it or the differences of function allocation, however, at all stages the participation of the Parliament, as a controlling body is significant. The foregoing paper will investigate the state of emergency from the parliamentary perspective: the role of legislative body in this process and the threats, that may emerge when exercising governance, will be analysed.

Kari Saastamoinen

In his grand exposition of natural law, De jure naturae et gentium (hereafter jng),1 Samuel Pufendorf denied the existence of a separate law of nations as a set of positive legislation agreed by all nations. Following Thomas Hobbes, he maintained that the norms which prevailed between sovereign states were nothing but the application of the law of nature to interstate relations.2 The fundamental principle of natural law, in turn, was the duty to cultivate and maintain sociality towards other human beings.3 This much about Pufendorf ’s views can be said without much disagreement among modern commentators. But once we ask what he meant by the endorsement of sociality, among individuals or between states, things become complicated and scholarly opinion diverges. One reason for rival interpretations is that Pufendorf ’s remarks on the law of nature oscillated between two seemingly incompatible positions. On the one hand, he not only observed that human beings are by nature preoccupied with their personal safety and welfare, but also emphasized that observing natural law serves their longterm interests. With such remarks, he appeared to follow Hobbes in deducing natural law from the requirements of

P. Piirimäe

Emer de Vattel has been widely considered a seminal figure in the European tradition of the law of nations. While attaching himself to the earlier tradition of natural jurisprudence, he offered a normative system of the law of nations that was more firmly and explicitly anchored to the political practice of his contemporary Europe than were the doctrines of his predecessors. Vattel promoted the practical applicability of his Droit des gens (1758), stressing that it was not so much written for interested ‘private individuals’, i.e. other scholars or the general public, but it was a ‘law of sovereigns’ that was primarily intended for ‘them and their ministers’. It would not help much, he explained, if his maxims were studied only by those who had no influence over public affairs; the ‘conductors of states’, on the other hand, if they chose to learn this science and adopt its maxims as the ‘compass’ for their policies, could produce many ‘happy results’.1 Vattel emphasized the easy comprehension and applicability of his book, contrasting his approach with that of Christian Wolff, whose treatise on the law of nations could be understood only if one ‘previously studied sixteen or seventeen quarto volumes which precede it’.2 As Vattel famously declared, his original intention was to introduce Wolff ’s system to a wider readership, by rendering his rigid and formal work more ‘agreeable and better calculated to ensure it a reception in the polite world’.3 While it is clear that Vattel’s work amounted to much more than a systematic account of Wolff ’s principles,4 it is in the manner of presentation that the differences between the two scholars are the most striking. Already the choice of French over Latin, the language of diplomats over that of the republic of

Juliana Vinuto, Dominique Duprez

The paper aims to discuss how the dual educational-sanctionary objective, based on the United Nations’ Doctrine for Child Protection, is implemented in three different institutions focused on sanctioning adolescents in conflict with the law. By comparing one Brazilian institution against two French ones, we were able to observe different possibilities to operationalize the principle that understands the adolescent as a developing subject, based on different connections between security and education. The exposed data suggests a trend to emphasize the sanctioning aspect, in spite of the different configurations observed in each context

Herbert Hovenkamp

D. Armitage, J. Pitts, C. Alexandrowicz

I. Alvik

The article analyses the protection of private property under the law of nations during the 18th and early 19th centuries. It shows how natural law theories of property were influential in shaping a doctrine of private property under the law of nations, relying on a dual conception of private property as both individual and state rights. This mirrored developments in the real world, where a network of treaties granted protection to foreign property and commercial interests. However, in practice the most important exposure of private property to the power of foreign sovereigns was the disruption of shipping and the constant risk of merchant ships being seized by privateers in the service of belligerent powers. The law of nations regulated this practice through the law of prize and neutrality, a main function of which, it is argued here, was to protect individual, foreign property rights.

Sotirović Vladislav B.

This paper presents a critical scientific view of some issues of the scientific publication of our colleagues from Croatia: D. Živić, S. Špoljar Vržina, S. Cvikić, I. Žebec Šilj (editors), Vukovar 91 - Genocide and Memoricide Heritage of the European Union, Zagreb: Ivo Pilar Institute of Social Sciences, 2014. It is an attempt to alternatively highlight the background of the military-political case of '1991 Vukovar Operation' in the context of the brutal breakup of the former SFR Yugoslavia, both from outside and inside, the historical conflicts between Croats and Serbs, as well as the international law and the moral principles of global politics and regional security at the outset of the post-cold war era of international relations, in which the nations and nationalities of Yugoslavia found themselves in 1991.

Alejandro del Valle Gálvez

The outcome of the United Kingdom’s ‘Brexit’ referendum on leaving the European Union necessarily entails both a reconsideration of the status of Gibraltar and changes in Spain’s perspective on a solution to the dispute. Following Brexit, negotiations on the UK’s withdrawal from the EU will not only pave the way for a new European and international legal framework, but will also create a historic opportunity for Spain to redefine its relationship with Gibraltar, offering the possibility of new approaches to resolve this historical dispute. After the crisis of 2013, negotiations reached a stalemate, but the unexpected outcome of the Brexit referendum could have tragic consequences for Gibraltar because the obligation to negotiate the UK’s withdrawal from the EU will likewise oblige Gibraltar to redefine its legal status with the EU, which constitutes the legal framework of greatest practical daily application, together with two other international legal frameworks, namely the Treaty of Utrecht and the UN declaration on decolonisation. The European framework will continue to apply for at least the two years during which withdrawal negotiations are held, providing sufficient legal certainty concerning applicable law in the coming years. However, the effects of uncertainty could have a very negative impact on the economy of Gibraltar, whose population adopted a clear stance in favour of ‘Bremain’ in the referendum. Furthermore, a possible return to the 1713 Treaty of Utrecht has raised fears of the very probable legality of closing the border, at Spain’s instigation, if EU law ceases to be applicable in the future. The unavoidable renegotiation of the status of Gibraltar within the EU will inevitably involve Spain, which in 1986 did not question the status endowed in 1972. In the present context, however, Spain could leverage the requirement for unanimity at several crucial moments during the process of negotiating British withdrawal as regulated by Art. 50 of the Treaty on European Union (TEU); thus, various possible future scenarios for Gibraltar, such as the Norwegian or Swiss models or the antecedent of Greenland, will depend on Spain’s consent. In addition, solutions that seek to maintain application of the European Single Market to Gibraltar would in practice be unworkable in the international arena, because Gibraltar is not part of the British State and its only status under international law is that of a territory awaiting decolonisation in a process supervised by the United Nations. At the same time, Brexit has opened a window of opportunity for resolving this historical dispute, which encompasses both peaceful coexistence between Spain and the small neighbouring community of Gibraltar just over the border, and the question of sovereignty that underlies the dispute with the United Kingdom. The acting Spanish Government took two important decisions in 2016: it announced the need to negotiate the status of Gibraltar outside the framework of TEU Art. 50, and it proposed joint sovereignty. This historic moment requires strategic decisions supported by broad domestic consensus in Spain, since it is a key issue strongly symbolic of Spanish foreign policy which may have important domestic and international consequences. Spain now has the opportunity to adopt a strategic approach that incorporates a new narrative and focus for Gibraltar, and which addresses the pending issue of regulating cross-border relations and coexistence with the people of Gibraltar. The unanimous support given in 2016 by all political parties for a European Grouping of Territorial Cooperation (EGTC) with Gibraltar within the EU framework demonstrates that significant changes are possible for cross-border coexistence. Gibraltar and Campo could even adopt a common approach to Brexit and its consequences for Gibraltar and the region, enforcing this in their respective States and the EU as negotiations begin. The format and content of the joint sovereignty proposal announced by Spain is the same as that of others presented or negotiated previously. But the 2016 Spanish proposal of Joint Sovereignty has structural deficiencies, which make it unworkable in practice. Several objective questions can be raised: UK and Gibraltar have yet rejected this proposal; it was made unilaterally by the conservative Government of M. Rajoy, without looking for previous supporting consensus inside Spain; and the most practical problem which is that the proposal inextricably links cross-border cooperation with the resolution of the sovereignty dispute, this creates an impasse given that both the UK and Gibraltar have already rejected joint sovereignty. Instead of Joint Sovereignty negotiations as the answer for the Gibraltar question, the article advocate a twofold approach in the current historical negotiating situation for the UK's departure from the EU: a provisional Modus Vivendi for cross-border coexistence, and in parallel an agreement to seek a new international and European model for Gibraltar, trying to put an end to historical controversy. A provisional Modus Vivendi for the cross-border coexistence with Gibraltar could be an interim agreement to regulate the aspects that most urgently need the daily normalization. Especially the border crossing by the Border/Fence, but also others such as the issues of transparency and economic-financial collaboration, navigation and jurisdiction over Bay waters, or the use of the airport. This historic moment could be conducive to moving forwards in new and imaginative ways, with initiatives such as that of ‘symbolic sovereignty’ formula via the proposed Principality of Gibraltar or City of the British and Spanish Crowns linked to the EU, which offers sufficient constitutional and international margins for consideration. This proposal of the Two Crowns Principality, linked to the EU, would restore Gibraltar to the Spanish nation and sovereignty, in addition to incorporating it into the EU as part of the Kingdom of Spain, ensuring the maintenance of its current organisation and powers and entailing agreements on Gibraltar’s economic and financial regime and British retention of its military bases.

Steven R. Ratner

Sterling E. Edmunds

Jovašević Dragan

International criminal law, as a system of legal regulations found in acts of the international community and criminal legislations of individual states, establishes criminal liability and punishments for crimes against international law. These acts represent breaches of the laws and customs of war (international humanitarian law) that violate or threaten peace among nations and the security of mankind. Penalties prescribed for these criminal offences stand for the most severe penalties in contemporary criminal legislation. In some cases, international judiciary (supranational) institutions such as The Nurnberg and The Tokyo Tribunal, The Hague Tribunal, The Rome Court etc. have primary jurisdiction over perpetrators of these criminal offences. This criminal offence means the killing of a nation or a tribe. Genocide was proclaimed as “a crime under international law, which is in contradiction with the spirit and the aims of the OUN and condemned by the entire civilized world” by UN General Assembly Resolution 96/I from 11 December 1946. Although it emerged as a “subspecies of crime against humanity”, genocide rapidly obtained an autonomous status and contents as one of the most serious crimes of today. As a crime against international law, genocide is determined by three elements: a) the objective component- a ctus reaus b) the subjective component- mens rea c) the subject of the act-the group -the victim. The source of this incrimination is found in Convention on the Prevention and Punishment of the Crime of Genocide from 1948, which, in paragraph 2, defines the term and the elements of this crime against international law. In legislation, theory and practice, this term can be interpreted in the broader sense, as well. In this papet the author has analysed theoretical and practical aspects of genocide in international criminal law and criminal law of Republic of Serbia (former FR Yugoslavia).