Long-term programme of work, including: Consideration of recommendation concerning commencement of the work on the law of non-navigational uses of international watercourses

1974 ◽  
pp. 33-366
Author(s):  
Keyword(s):  
The Law

The International Law Commission Tomorrow: Improving its Organization and Methods of Work

1991 ◽  
Vol 85 (4) ◽  
pp. 595-612 ◽  
Author(s):  
B. Graefrath
Keyword(s):  
International Relations ◽  
International Law ◽  
Term Effect ◽  
Law Of The Sea ◽  
Long Term Effect ◽  
The Law ◽  
International Law Commission ◽  
Law Commission

The history, operation and tasks of the International Law Commission (ILC) have often been described and its success in codifying general international law is well-known and widely acknowledged. The conduct of international relations today is unthinkable without such basic instruments, first drafted by the Commission, as the conventions on diplomatic and consular relations, the law of treaties and the law of the sea. Moreover, other ILC drafts that have not been adopted as treaties have had a long-term effect on the development of international law; for example, the Draft Declaration on the Rights and Duties of States, the Principles of International Law Recognized in the Charter of the Nürnberg Tribunal and in the Judgment of the Tribunal, and the Model Rules on Arbitral Procedure.

“To Maintain the Biological Substance of the Polish Nation” : Reproductive Rights as an Area of Conflict in Poland

2021 ◽  
Vol 10 (2) ◽  
pp. 357-381
Author(s):  
Michael Zok
Keyword(s):  
World War I ◽  
Reproductive Rights ◽  
World War ◽  
Discursive Strategies ◽  
Polish Society ◽  
Constitutional Tribunal ◽  
Biological Substance ◽  
The Law ◽  
Almost All

On October 22, 2020, the long-term dispute about reproductive rights in Polish society had a comeback. The Constitutional Tribunal declared the embryo-pathological indication of abortions guaranteed by the law of 1993 to be unconstitutional. The tribunal’s ruling was met with widespread protests, as it effectively forbade almost all reasons for terminations of pregnancies. While members of the Church’s hierarchy and pro-life activists celebrated, politicians began once again to discuss the law, and different suggestions were made (including a draft law similar to laws in effect in other European countries like Germany, and a law which would allow the termination of a pregnancy if the fetus were likely to die, or a law forbidding them in the case that the fetus had been diagnosed as having down’s syndrome). The debates are hardly new to Polish society and history. On the contrary, they date back to the recreation of the Polish state after World War I. This article concentrates on the developments in the Communist People’s Republic that led to the legislation of 1993, which is commonly referred to as a “compromise.” It focuses on the main actors in this dispute and the policymakers and their arguments. It also contextualizes these discursive strategies in a long-term perspective and highlights continuities and ruptures.

Three new species of Collembola (Arthropoda: Hexapoda) from Central Brazilian shallow caves: side effects of long term application of environmental law on conservation

Zootaxa ◽  
2018 ◽  
Vol 4500 (1) ◽  
pp. 59 ◽  
Author(s):  
DOUGLAS ZEPPELINI ◽  
RONIERE A. BRITO ◽  
ESTEVAM C. A. LIMA
Keyword(s):  
New Species ◽  
Side Effects ◽  
Environmental Law ◽  
High Impact ◽  
Southeastern Brazil ◽  
Long Term Effects ◽  
The Law ◽  
Three New Species

Three new species of Collembola are described from small shallow caves in Southeastern Brazil: Arrhopalites glabrofasciatus sp. nov., Pseudosinella ambigua sp. nov. and Pseudosinella guanhaensis sp. nov. The species were found in surveys performed as part of the process to accomplish the permits for high impact enterprising. The change in the legislation is discussed and a suggestion is made to improve the process. The long term effects of the law resulted in the discovery of many new species and genera, most of them being (or to be) described. 

Decision Making in Chains and Networks of Contracts

2021 ◽  
pp. 283-308
Author(s):  
Stefan Grundmann
Keyword(s):  
Decision Making ◽  
Decision Theory ◽  
The Other ◽  
Broad Perspective ◽  
Mutual Knowledge ◽  
Trust And Reciprocity ◽  
Future Events ◽  
The Law

Networks of contracts serve mainly as a long-term form of organisation, both features being typically combined. This combination—the so-called organisational contract—is seen as a hybrid between market and firm. There are different explanations for its existence and two are particularly prominent. Williamson sees them as a governance device to cope with the problem of uncertainty of future events, namely in situations where one party has invested in a particular relationship more than the other and therefore is ‘more dependent’ on its continuance. Conversely, Powell sees them as a scenario where neither command nor anonymous exchange dominate, but mutual (often personalised) trust and reciprocity based on strong mutual knowledge of the partners are marked. These two explanations imply how fascinating the organisational contract may be for decision theory and the law. This chapter addresses the phenotype of (long-term) networks of contacts and sees a large variety of them ranging from rather standardised to highly tailor-made arrangements, which implies a heterogeneous basis for decision-making theories and their application. With respect to decision-making theories that are considered in the second section, the chapter takes a broad perspective. While it may be attractive to apply mainly one decision theory to the phenomenon, the chapter asks which decision theories might have particular explanatory value. Thus, a broader survey on a multifaceted compound of theories might be particularly suitable for the heterogeneous aspects of the phenomenon. The chapter also addresses the question of which repercussions the discussed decision theories might have in law.

scholarly journals Mnemonic Populism: The Polish Holocaust Law and its Afterlife

2020 ◽  
pp. 1-13 ◽  
Author(s):  
Kornelia Kończal
Keyword(s):  
Significant Other ◽  
The Past ◽  
Cultural Foundations ◽  
The Holocaust ◽  
Heated Debate ◽  
History Of ◽  
The Law ◽  
The Relationship

In early 2018, the Polish parliament adopted controversial legislation criminalising assertions regarding the complicity of the ‘Polish Nation’ and the ‘Polish State’ in the Holocaust. The so-called Polish Holocaust Law provoked not only a heated debate in Poland, but also serious international tensions. As a result, it was amended only five months after its adoption. The reason why it is worth taking a closer look at the socio-cultural foundations and political functions of the short-lived legislation is twofold. Empirically, the short history of the Law reveals a great deal about the long-term role of Jews in the Polish collective memory as an unmatched Significant Other. Conceptually, the short life of the Law, along with its afterlife, helps capture poll-driven, manifestly moralistic and anti-pluralist imaginings of the past, which I refer to as ‘mnemonic populism’. By exploring the relationship between popular and political images of the past in contemporary Poland, this article argues for joining memory and populism studies in order to better understand what can happen to history in illiberal surroundings.

scholarly journals Law, Language and the Printing Press in the Reign of Charles I: Explaining the Printing of the Common Law in English

2019 ◽  
Vol 38 (2) ◽  
pp. 339-371
Author(s):  
Ian Williams
Keyword(s):  
Common Law ◽  
Printing Press ◽  
Legal Knowledge ◽  
Charles I ◽  
Professional Control ◽  
History Of ◽  
The Common ◽  
The Law ◽  
Long Term Trend

The printing press had the potential to break the common lawyers' monopoly of legal knowledge. Early-modern England witnessed debates about the desirability of wider dissemination of legal learning. Previous scholarship has identified the long-term trend to increased printing of the law in English, focusing on ideological debates between lawyers and other key actors. Only selected texts and types of material were made available to the wider public before the 1620s. From the later 1620s a wider range of material which had hitherto existed only in manuscript was printed in English. Knowledge of the common law became more commonly available. This article identifies this crucial moment and explains the change. Rather than the ideological questions which are discussed in the existing literature, more mundane causes are identified for the legal profession's reduced control over the transmission of legal knowledge: a shift to the use of English by lawyers themselves, and a loss of professional control over manuscripts. The paper therefore demonstrates an important methodological point: understanding and assessing the history of legal printing requires engagement with older methods of transmitting the law.

The Oslo Principles and the Enterprises Principles: Legal Strategies to Come to Grips with Climate Change

2017 ◽  
Vol 2017 (2) ◽  
Author(s):  
Jaap Spier
Keyword(s):  
Climate Change ◽  
Pension Funds ◽  
Global Temperature ◽  
The Core ◽  
Legal Obligations ◽  
Key Features ◽  
The Law ◽  
To Come ◽  
Legal Strategies

AbstractIt is almost commonly accepted that we must keep the increase of global temperature below 2 degrees C and preferably below 1.5 degree C. This begs the question: do states and enterprises have concrete reduction and other obligations to stem the tide? The Oslo Principles, adopted on March 2015, tried to discern the legal obligations of states and to a lesser extent enterprises. The Enterprises Principles will map the legal obligations of enterprises, financiers and long term investors such as pension funds. Both set of principles are based on an interpretation of the law as it stands or will likely develop. This article and Philip Sutherland’s contribution to this volume focus on the core obligations of both the Oslo and the Enterprises Principles. Since the adoption of the Oslo Principles a lot has happened. This contribution also discusses a few key features of the Oslo Principles in light of these developments.

PRIVATE PREDICTION MARKETS AND THE LAW

2012 ◽  
Vol 3 (1) ◽  
pp. 89-110 ◽  
Author(s):  
Tom Bell
Keyword(s):  
Prediction Markets ◽  
Management Decisions ◽  
Prediction Market ◽  
The Public ◽  
Legal Risks ◽  
Federal Laws ◽  
The Law ◽  
Considerable Benefit

This paper analyses the legality of private prediction markets under U.S. law, describing both the legal risks they raise and how to manage those risks.  As the label "private" suggests, such markets offer trading not to the public but rather only to members of a particular firm.  The use of private prediction markets has grown in recent years because they can efficiently collect and quantify information that firms find useful in making management decisions.  Along with that considerable benefit, however, comes a worrisome cost:  the risk that running a private prediction market might violate U.S. state or federal laws.  The ends and means of private prediction markets differ materially from those of futures, securities, or gambling markets.  Laws written for those latter three institutions nonetheless threaten to limit or even outlaw private prediction markets.  As the paper details, however, careful legal engineering can protect private prediction markets from violating U.S. laws or suffering crushing regulatory burdens.  The paper concludes with a prediction about the likely form of potential CFTC regulations and a long-term strategy for ensuring the success of private prediction markets under U.S. law.

Sign in / Sign up

Export Citation Format

Share Document