the westphalian concept of international law and peacekeeping

... Indonesia in the Territory and the withdrawal of the Portuguese authorities, the question of East Timor became the subject of two resolutions of the Security Council and of eight resolutions of the General ... rules of international law cannot be imposed upon any of the parties, for the law lies within the judicial knowledge of the Court." In the present case, the burden laid upon the Court is therefore ... may be relevant to the settlement of the dispute It being the duty of the Court itself to ascertain and apply the relevant law in the given circumstances of the case, the burden of establishing

Ngày tải lên: 02/04/2024, 16:31

... country The definition shows that the inventive step is judged by establishing the differences between the scope and content of the prior art and the patent claims and evaluating them in light ofthe ... 12 of ICESCRTM, which seeds“(1) The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health(2) The ... into the Nature and Causes of the Wealth of Nations, volume III(11th edn, 1805)63 Vincenzo Denicold, Luigi Alberto Frenzoni, The contract theory of patents, International Review of Law and EconomicsV

Ngày tải lên: 02/09/2024, 14:14

... essential to the membership of the family of nations. 85 The tribes remain outside the realm of international law, not so much because they lack sovereignty, but because they are wanting in the other ... Persons and subjects of International Law.’ Oppenheim, International Law,p.110.Seeibid., pp. 154 156. 85 Lawrence, The Principles of International Law,p.58. 60 imperialism, sovereignty and international ... that of England, quickly proceeds to affirm that ‘our actual England is regulated by law’. 88 Law, then, is the preserve of England; and while other remote societies may appear to have their own laws,

Ngày tải lên: 05/08/2014, 22:20

... account of the beginnings of the doctrine of recognition in the eighteenth and early nineteenth centuries and how this corresponded with the emergence of positivism, see Alexandrowicz, ‘The Theory of ... argues.235 The nineteenth century is the age of science,the application of industry for the betterment and progress of humansociety We see here, then, the suggestion of the idea that internationallaw ... respect sta-More generally, the nineteenth century offers us an example of a farbroader theme: the importance of the existence of the ‘other’ for theprogress and development of the discipline itself

Ngày tải lên: 05/08/2014, 22:20

... self-government of the mandate territory, on the one hand, and a prob- lematic form of economic development, on the other. Reinterpreting the relationship between colonialism and international law The liberal ... supervising the operation of the system Once the basic framework of the Mandate System had been established, it was the PMC that had the task of ensuring the progress of the mandate ... broadly, the Mandate System generated a debate among international lawyers on therole of their discipline in legitimizing colonial conquest. The cre- ation and operation of the Mandate System, then,

Ngày tải lên: 05/08/2014, 22:20

... Rather, the dominance of the eco- nomic, as discussed, profoundly altered the whole system of legitimacy, of authority, and of the meaning that held mandate societies together. The doctor and ... rather than that of the Western/European states alone, and the creation of such a system of law would in itself resolve the secondary problem of whether the rules of international ... Sovereignty is the most treasured possession of the newly independent States On the one hand, it makes them the master of their own house, and on the other hand, it provides them with

Ngày tải lên: 05/08/2014, 22:20

... regulated by the laws of that government Theseagreements were not, of course, the subject of international law sincethey fell within the scope of the domestic jurisdiction of the colonialstate The acquisition ... Under the Specter of Neoliberalism’, ( 2000) 41 Harvard International Law Journal 419; Patrick M Norton, ‘Law of the Future or Law of the Past? Modern Tribunals and the International Law of Expropriation’, ... contrary to the spirit and principles of the Charter of the United Nations and hinders the development of international economiccooperation and the maintenance of peace.54 Crucially, the same resolution

Ngày tải lên: 05/08/2014, 22:20

... the demands of the ‘modern world’ are undermined by the system of economic relationsthe mandate creates The function of the rule of law in the colonies,Furnivall observed, was to further commerce; ... international law and relations This argument of novelty isbased on an understanding of the history of international law viewed in terms of the history of the European state, even when the Europeanstate ... terms, the Mandate System was succeeded by theTrusteeship System But in terms of technologies of management, it isthe IFIs, the Bank and the IMF which are the contemporary successors ofthe Mandate

Ngày tải lên: 05/08/2014, 22:20

... undermined, international human rights law, internationalhumanitarian law and, most significantly, the law relating to the UNCharter and the use of force.99 And just as the novelty of the threatposed ... whether the actions of the Security Council could be reviewed by the ICJ and whether in fact the Security Council was bound in anyway by international law, and the question of the powers of the SecurityCouncil ... activities in the name ofthe WAT These developments suggest a dual process: the further expan-sion, ostensibly within the framework of the UN Charter, of the powers of the large states, and a corresponding

Ngày tải lên: 05/08/2014, 22:20

... Journal of Law and Jurisprudence219 254 ‘J L Brierly and the Modernization of International Law’, (1993) 25 Vanderbilt Journal of Transnational Law881 917 Langenhove, Fernand van, The Question of ... 1946) Norton, Patrick M., ‘Law of the Future or Law of the Past? Modern Tribunals and the International Law of Expropriation’, (1991) 85 American Journal of International Law474 505 Nussbaum, Arthur, ... The Carnegie Endowment, 1921) Lauterpacht, Hersch, The Function of Law in the International Community (Oxford: Clarendon Press, 1933) ‘The Mandate Under International Law in the Covenant of the

Ngày tải lên: 05/08/2014, 22:20

... evaluate the efficacy and costs, the burdens and benefits, of the ply of medical technologies – an effort essential to just and fair allocation – encounters the straitened confines of the rule of rescue ... strain of the avian flu virus The UK government has ordered enough of the drug to treat 25% of the population in the event of an avian flu pandemic In this case there are three areas of great ... represents the first detailed statement by the world community on the content of human rights Together with the UDHR, the International Covenant on Civil and Political Rights (ICCPR) and the International

Ngày tải lên: 07/12/2015, 00:56

... security for ships and seaports - Ship : The thesis refers to the concept of ship in the provisions of international law and the laws of some countries and in the research of scholars.Of course, in ... scholars and students of the Maritime Law.7 Structure of the thesis In addition to the introduction, conclusion, the works of the author previously published and the list of references and appendices, ... tasks The purpose of the thesis is to clarify theoreticalissues of maritime securityfor ships and seaports, analyze the current situation of law and practice of international and Vietnam laws

Ngày tải lên: 08/01/2020, 07:13

... promote international comparisons and dialogue.The purpose will be to provide the next generation of lawyers with the models andnarratives needed to understand and improve the law and justice of their ... by the “continual Use, and the Testimony of Men skilled in the Laws.”3In the nineteenth century, and in the absence of abelief in a natural or divine law underpinning all legal norms, the law of ... and remains, of course, a highly controversial argument It was rejected by some of Vitoria’s own colleagues and by most of the great modern theorists ofthe law of nations in the seventeenth and

Ngày tải lên: 08/01/2020, 11:03

... characteristics of the dispute, ISDS and ISDSM Moreover, analyzing the general content and characteristics of ISDS substantive law; studying the development process of the ISDSM until the time of having the ... research On the basis of reviewing domestic and foreign research works with contents related to the topic of the thesis, the thesis has the following basic assessments The content of the evaluation ... according to the issue in order to achieve the purpose of proving the necessity when studying the topic of the thesis in the current context of Vietnam and identifying the issues that need further research

Ngày tải lên: 08/01/2020, 15:29

... security for ships and seaports - Ship : The thesis refers to the concept of ship in the provisions of international law and the laws of some countries and in the research of scholars.Of course, in ... scholars and students of the Maritime Law.7 Structure of the thesis In addition to the introduction, conclusion, the works of the author previously published and the list of references and appendices, ... tasks The purpose of the thesis is to clarify theoreticalissues of maritime securityfor ships and seaports, analyze the current situation of law and practice of international and Vietnam laws

Ngày tải lên: 11/01/2020, 16:02

... characteristics of the dispute, ISDS and ISDSM Moreover, analyzing the general content and characteristics of ISDS substantive law; studying the development process of the ISDSM until the time of having the ... research On the basis of reviewing domestic and foreign research works with contents related to the topic of the thesis, the thesis has the following basic assessments The content of the evaluation ... according to the issue in order to achieve the purpose of proving the necessity when studying the topic of the thesis in the current context of Vietnam and identifying the issues that need further research

Ngày tải lên: 11/01/2020, 16:15

... equilibria of compliance with a rule of customary inter- national law. This is a general theory of the binding nature of international law, and more specifically of the capacity of customary international ... the Max Planck Institute for Comparative Public Law and International Law, New York University School of Law, UCLA Law School, the Wharton School, and Yale Law School. I thank the hosts and the ... maximize their own preferences, rather than those of the citizenry. Often the preferences of these public of- ficials are assumed to be political support, either in the form of votes or in the form of...

Ngày tải lên: 23/03/2014, 10:21

... publication or the reproduction or translation of all or part of the document should be addressed to the Director of School, Out- of- School and Higher Education of the Council of Europe (F-67075 ... to think of themselves as something they are not. Rather, they will have a positive means of asserting their professional roles as competent and authoritative speakers and instructors of EIL, ... consistently, with the exception of the substitution of the sound /:/ (as in bird) especially with /:/ (as in bard) 26 Hoffmann, C. 2000, The Spread of English and the Growth of Multilingualism...

Ngày tải lên: 02/04/2014, 05:21

... international law. 13 The project, then, was to excise these colonial aspects of international law from the system of international law and to recreate a new, open and non-colonial international law. It ... to the history of international law, illuminating the imperial character of the discipline and its enduring significance for peoples of the Third World. antony anghie is Professor of Law at the ... emergence of a secular natural law the natural law which was proclaimed to be the basis of the new inter- national law is coeval with his resolution of the problem of the legal status of the Indian,...

Ngày tải lên: 19/02/2014, 05:20

... January 1976 ICJ International Court of Justice ICJ Reports Reports of the International Court of Justice ICLQ International and Comparative Law Quarterly ICRC International Committee of the Red Cross ICRC ... Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field: Commentary (ICRC, Geneva, 1952) table ofconventions xlvii 1993 Convention on the Prohibition of the ... 95/46/EC (Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on xxxiv table ofconventions Art. 25 6,...

Ngày tải lên: 16/03/2014, 13:20