International Law Commons^™

Legal Regulation Of International Cooperation In Criminal Matters On The Legislation Of The East Asian Countries, Dildora Umarkhanova

Review of law sciences

This article analyzes the legal framework and the mechanism of regulation of international cooperation in criminal matters on the legislation of the East Asian countries. In particular, studied the national legislation of the Japan, China and South Korea. Moreover, the author also put forward proposals of necessity and importance of the regional mechanism in the implementation of international cooperation in criminal matters. In addition, based on the experience of East Asian countries, it is proposed to adopt a special law of the Republic of Uzbekistan “International cooperation in criminal matters”.

International Experience In Regulating And Organizing Investigations By International Investigative Teams., Dilshod Egamberdiyev

Review of law sciences

In recent years, the international community has developed and opened for signature a number of international agreements regulating international cooperation in the fight against crime. Along with the legal regulation of traditional legal institutions, such as mutual legal assistance in criminal matters, these instruments provide an international legal framework for new areas of cooperation in this field. One of them is the operational-investigative group or the international investigation team. The organization of such types of investigations and joint activities of States is one of the most effective forms of interaction between investigators, investigative bodies and law enforcement agencies, as well …

Some Questions Of Application Of The Rules Of International Jurisdiction, Jahongir Allayorov

Review of law sciences

This article examines some issues related to the application of private international law. Applying the rules of national jurisdiction to the rules of private international law does not justify itself from a legal point of view. The article analyzes the norms of private international law and civil procedure law, problems and ways to solve them in this area.

Legal Cooperation Of Cis Countries In The Fight Against Illegal Traffic Drug, Djamaliddin Musaev

Review of law sciences

This article examines the international legal cooperation of the member states of the Commonwealth of Independent States in the fight against drug trafficking. The article analyzes the work to create effective regional international legal mechanisms to combat the illegal distribution of drugs, among which the interaction of states in the framework of the Commonwealth of Independent States occupies a special place. The experience of bilateral and regional cooperation of states in the fight against drug trafficking, analysis of the legal basis of cooperation in states within the framework of the Commonwealth of Independent States was studied. The author focuses on …

The Magna Carta Turns 800, John Hockenberry, Thomas J. Mcsweeney

Thomas J. McSweeney

No abstract provided.

Improvement Of International-Legal Cooperation Of Uzbekistan For Development Of Tourism, S Usmanova

Review of law sciences

The author analyzes role of international cooperation in sustainable development of tourism in Uzbekistan. In this article it is given legal assessment to the partnership of the UNWTO and European Union (EU) with the Republic of Uzbekistan in the field of developing tourism. The bilateral legal norms between these subjects of international law contextually the important and last tendencies of touristic sphere are noted by the author. There are being developed conclusions and proposals on strengthening institutional collaboration of UNWTO and EU in the Republic of Uzbekistan.

The Role Of Internet Intermediaries In Tackling Terrorism Online, Raphael Cohen-Almagor

Fordham Law Review

Gatekeeping is defined as the work of third parties “who are able to disrupt misconduct by withholding their cooperation from wrongdoers.”1 Internet intermediaries need to be far more proactive as gatekeepers than they are now. Socially responsible measures can prevent the translation of violent thoughts into violent actions. Designated monitoring mechanisms can potentially prevent such unfortunate events. This Article suggests an approach that harnesses the strengths and capabilities of the public and private sectors in offering practical solutions to pressing problems. It proposes that internet intermediaries should fight stringently against terror and further argues that a responsible gatekeeping approach is …

Terrorist Advocacy And Exceptional Circumstances, David S. Han

Fordham Law Review

This Article proceeds as follows. Part I discusses the harmful effects of terrorist advocacy and outlines the present doctrinal treatment of such speech. Part II discusses the issue of exceptional circumstances and highlights the two approaches courts might take to account for them: applying strict scrutiny to the case at hand or broadly reformulating the First Amendment’s doctrinal boundaries. Part III sets forth my central thesis: courts should adhere to case-by-case strict scrutiny analysis, rather than broad doctrinal reformulation, as the initial means of accounting for exceptional circumstances with respect to terrorist advocacy. This approach reflects the vital importance of …

The Future Of International Spaceport Regulations: Which Response To Expect From The International Community?, Valentin Degrange

Space Traffic Management Conference

As humanity is today well into the 21^st century, we witness the appearance of new prospects for the utilization and exploitation of outer space, making outer space increasingly “contested, congested and competitive”¹. Many aspects of our daily lives have already come to depend on our occupation of Low Earth Orbits (LEO) and Geostationary Earth Orbits (GEO). As the number of space-related activities increases exponentially though, most notably in its commercial facet, so does the need for new spaceports and adequate regulations for the increased space traffic that will follow. The “big sky” theory which protected airborne travelers …

Internet Governance Is Our Shared Responsibility, Vinton Cerf, Patrick Ryan, Max Senges

Patrick T. Ryan

This essay looks at the the different roles that institutions play in the Internet governance ecosystem. We propose a model for thinking of Internet governance within the context of the layered model of the Internet. We use the example of the negotiations in Dubai in 2102 at the World Conference on International Telecommunications to show why it is important for different institutions within the governance system to focus on their areas of expertise (e.g., the ITU, ICANN, and IGF). Several areas of conflict are reviewed, such as the desire to promote more broadband infrastructure (a topic that is in the …

Post Colonial Cosmopolitanism: Making Place For Nationalism, Rahul Roa, Robert Howse, Alice Maclachlan, François Tanguay-Renaud

François Tanguay-Renaud

Rahul Rao, School of Oriental & African Studies, University of London, expresses a number of dissatisfactions with the debate between cosmopolitanism and communitarianism in international normative theory.

Respondents: Robert Howse, New York University; Alice MacLachlan, York University, Philosophy.

The Legitimacy Of International Human Rights, Samantha Besson, Sophia Reibetanz Moreau, François Tanguay-Renaud

François Tanguay-Renaud

Samantha Besson, Professor of Public International Law and European Law and Co-Director of the European Law Institute, Université de Fribourg, speaks about international human rights law and the philosophy of international law.

Respondent: Sophia Reibetanz Moreau, University of Toronto

International Criminal Law And The Inner Morality Of Law, Larry May, Margaret Martin, Craig Scott

Craig M. Scott

Larry May, W. Alton Jones Professor of Philosophy and Professor Law Vanderbilt University, investigates what Fuller called “procedural natural law” in contemporary international criminal law.

Respondent: Margaret Martin, University of Western Ontario

Contracting Stability: The Potential Use Of Private Military Contractors As A United Nations Rapid Reaction Force, Jared Genser

Jared Genser

In June 2015, the High-Level Independent Panel on Peace Operations established by United Nations Secretary-General Ban Ki-moon and chaired by former East Timor President José Ramos-Horta, published its comprehensive review of UN Peacekeeping Operations. The Panel observed that it takes an average of six months from when a peacekeeping mission is authorized by the United Nations Security Council to when it is deployed. It further explained that although rapid and effective deployment comes at a cost, responding more quickly saves lives and can avoid a larger, more costly response later. In asking the Secretary-General to develop options for a new …

Argentine Legislation And Climate Change - Legislación Argentina Y Cambio Climático, Luis Gabriel Escobar Blanco

Luis Gabriel Escobar Blanco

This presentation was exposed in two different events, in preparation for de COP 2014 in Lima. First how panelist in "Encuentro de Cambio Climatico", organized by Ministerio de Tierras Ambiente y Recursos Naturales of Mendoza's Estate. Later in the EFICI (III Congreso de Educación en Ciencia Empírica en Facultades de Ingeniería) in UTN (Universidad Tecnológica Nacional - Regional Cuyo)

The objective this dissertation is diffusion and knowledge the argentinian legislation on climate change.

And evaluate domestic legislation by criteria Globe International Institute

The Case-Law Of The European Court Of Human Rights On The Immunity Of States, Theodor Jr Schilling

Theodor JR Schilling

Invoking State immunity in court proceedings is a way for a State to prevent judicial scrutiny of its responsibility for its actions. Such scrutiny, however, is the main raison d'être at least of those human rights regimes that provide for a supervision of States' compliance with human rights. It would therefore come as no surprise if human rights jurisprudence, especially the jurisprudence of the European Court of Human Rights would prove to be a challenge to State immunity. However, it is not, or, at most, in a roundabout way.

No Longer The Sleeping Dog, The Fcpa Is Awake And Ready To Bite: Analysis Of The Increased Fcpa Enforcements, The Implications, And Recommendations For Reform, Rouzhna Nayeri

Rouzhna Nayeri

No abstract provided.

The Duty To Make Amends To Victims Of Armed Conflict, Scott T. Paul

Scott T Paul

In the past decade, calls for monetary payments by warring parties to the civilians they harm have become significantly louder and more prominent. The law of armed conflict permits parties to harm civilians, so long as the harm is not excessive to the concrete and direct military advantage they anticipate gaining through an attack. This paper examines the current state of international law regarding duties owed to victims suffering harm as a result of lawful combat operations and discusses the moral obligations owed to them by the parties who cause them harm. The paper notes that civilians who suffer incidental …

Kill-Lists And Accountability, Gregory S. Mcneal

Gregory S. McNeal

This article is a comprehensive examination of the U.S. practice of targeted killings. It is based in part on field research, interviews, and previously unexamined government documents. The article fills a gap in the literature, which to date lacks sustained scholarly analysis of the accountability mechanisms associated with the targeted killing process. The article makes two major contributions: 1) it provides the first qualitative empirical accounting of the targeted killing process, beginning with the creation of kill-lists extending through the execution of targeted strikes; 2) it provides a robust analytical framework for assessing the accountability mechanisms associated with those processes. …

To Ban Or Not To Ban Blasphemous Videos, Evelyn Aswad

Evelyn Aswad

No abstract provided.

A Proposition For Delimitation Of Maritime Boundaries And Mediterranean Security Limitation Similar To Montreux Convention, Burak Seker

Burak Sakir Seker

No abstract provided.

The African Union Commission On International Law And The Proposed African Institute Of International Law: Where Do We Go From Here?, Olabisi Akinkugbe

Articles, Book Chapters, & Popular Press

The author critically reflects on the African Union Commission on International Law (AUCIL) statute of 2009 particularly in relation to its mandate to advance the teaching and development of international law in Africa; examines its relationship with proposed African Union Institute of International Law (AIIL) in Arusha, Tanzania; and calls for an amendment of the AUCIL Statute in order to enhance the achievement of its goals and clarification of some vague areas.

The Evolution Of A New International System Of Justice In The United Nations: The First Sessions Of The United Nations Appeals Tribunal, Tamara A. Shockley

San Diego International Law Journal

In this overview of the new U.N. administration of justice system, a review has been undertaken of the evolution of the process from the former internal justice system to the development of the new administration of justice system. The Appeals Tribunal had a partially blank slate upon which to begin a new jurisprudence in international administrative law. In the first two sessions, the Appeals Tribunal decided upon a wide range of issues ranging from receivability, case management, disciplinary measures and pension cases. As the U.N. attempts to reform and streamline its bureaucratic structure for the 21st century, the judicial tribunals …

Protecting The Children Of The World: A Proposal For Tracking Convicted Sex Offenders Internationally, Nicole J. Smith

San Diego International Law Journal

This comment will compare and contrast the laws governing sex offenders in the United States and European Union and address the current obstacles in establishing a comprehensive international law about sex offenders. Finally, this comment will propose a global sex offender registry to allay the problem of sex offenders in the international community.

Cyberbullying: What's The "Status" In England?, Krupa A. Patel

San Diego International Law Journal

This comment will explore the growing concern of cyberbullying and will highlight the need for the English Parliament to create its own national anti-cyberbullying legislation, or to incorporate this activity into existing laws as a preventative measure. Part II will define cyberbullying, highlight the various ways in which cyberbullying differs from traditional forms of bullying, and explore specific forms and mediums of cyberbullying to underscore the difficulty in regulating such actions through the law. It will also include illustrative examples of cyberbullying incidents. Part III explores the current laws that English prosecutors are attempting to use to penalize those who …

Sovereignty In Theory And Practice, Winston P. Nagan, Aitza M. Haddad

San Diego International Law Journal

This Article deals with the theory and practice of sovereignty from the perspective of a trend in theoretical perspectives as well as the relevant trend in practice. The Article provides a survey of the leading thinkers’ and philosophers’ views on the nature and importance of sovereignty. The concept of sovereignty is exceedingly complex. Unpacking its meanings and uses over time is challenging. An aspect of this challenge is that the discourse about sovereignty is vibrant among diverse policy, academic, and political constituencies. At times, its narratives are relatively discrete and at other times, the narratives overlap with the discourses from …

Traditional Culture V. Westernization: On The Road Toward The Rule Of Law In China, Haiting Zhang

haiting zhang

Meaningful studies on China cannot ignore traditional Chinese culture and its influence in the country. A study of the rule of law of China is no exception. Generally speaking, China is not governed primarily by the rule of law. China has traditionally been an agrarian state—a characteristic that has historically fostered a strong family system. China’s agrarian nature also shaped traditional characteristics of Chinese culture in which rule of law is largely non-existent. Historically, the rule of man, a traditional Chinese value, has served as one of the major obstacles to China achieving legal modernization. Substantial legal westernization is an …

Rethinking The Usefulness Of Mandatory Rights Of Withdrawal In Consumer Contract Law: The Right To Change Your Mind?, Jan Smits

Penn State International Law Review

No abstract provided.

Why Does The Complainant Always Win At The Wto?: A Reputation-Based Theory Of Litigation At The World Trade Organization, Matthew C. Turk

Northwestern Journal of International Law & Business

World Trade Organization (WTO) litigation presents an empirical puzzle: complaining parties "win" close to 90 percent of cases, while standard theories of litigation predict a strong tendency towards a 50 percent plaintiff win-rate. This Article explains the high win-rate by examining the reputational costs and benefits of filing a case. The WTO's lack of centralized enforcement means that the consequence of a judgment is merely to disseminate information that alters a party's reputation for compliance with its trade obligations. Such a "reputational sanction" applies to both losing respondents and complainants. The result is that only cases with a very high …

Making Wto Sps Dispute Settlement Work: Challenges And Practical Solutions, Eric Gillman

Northwestern Journal of International Law & Business

The Agreement on Sanitary and Phytosanitary Measures (SPS Agreement) represents an effort by the Members of the World Trade Organization (WTO) to balance competing interests in liberalizing trade, on one hand, and protecting human, animal, and plant life from risks posed by the free flow of goods on the other. SPS disputes center around a core question: Does the imported product at issue present a sufficiently serious threat to national health to warrant the imposition of trade-restrictive measures? Over twelve years and six disputes, panels and the Appellate Body (AB) have addressed this question by evaluating respondents' risk assessments. The …