Die Grenzen der Anwendung des Völkerrechts im Deutschen Recht (The Limits of Application of Public International Law in German Domestic Law)

2012 ◽  
Author(s):  
Stefan A. G. Talmon
Keyword(s):  
International Law ◽  
Public International Law ◽  
Domestic Law

Regulating Vessel Discharges on the International and EU Level

2021 ◽  
Vol 3 (3-4) ◽  
pp. 1-81
Author(s):  
Alexander Proelss ◽  
Valentin J. Schatz
Keyword(s):  
European Union ◽  
International Law ◽  
Ballast Water ◽  
European Union Law ◽  
Legal Requirements ◽  
Public International Law ◽  
Rules And Principles ◽  
The Individual ◽  
Domestic Law ◽  
Different Levels

Abstract This study analyzes the legal requirements concerning discharges from ships, a matter that is characterized by a considerable degree of complexity. This complexity results, inter alia, from the highly technical nature of the applicable norms, but also from the fact that the relevant rules and principles are prescribed in a wide and often overlapping variety of instruments on different levels of law, namely public international law, European Union law (where applicable) and domestic law. Taking into account that the individual legal instruments within these sub-systems of law significantly differ in their spatial and substantive scopes and regulatory approaches, a risk of conflicts of norms exists both from a vertical (i.e., between different levels of law) and horizontal (i.e., between different instruments on the same level of law) perspective. This situation gives rise to legal uncertainties, which may ultimately threaten the lawful and effective application and implementation of the relevant norms. This study attempts to clarify the existing uncertainties and to suggest harmonized interpretations and applications of the pertinent rules and principles. It does not address the issue of pollution from ships in general, but focuses on three specific categories of vessel discharges, namely scrubber washwater, sewage and ballast water.

Using Treaties in Canadian Courts

2001 ◽  
Vol 38 ◽  
pp. 3-87 ◽  
Author(s):  
Gibran van Ert
Keyword(s):  
Human Rights ◽  
International Law ◽  
Common Law ◽  
International Treaties ◽  
Public International Law ◽  
Canadian Law ◽  
Domestic Courts ◽  
Reception System ◽  
Comprehensive Manner ◽  
Domestic Law

SummaryIncreasingly, litigants are seeking to rely on international treaties before domestic courts. The difficulties they face, together with the judges hearing these cases, are great. Public international law is unknown territory for the vast majority of Canadian lawyers, both at the bar and on the bench. Moreover, the rules according to which international treaties take effect in Canadian domestic law engage a wide variety of legal sources, including ancient common law jurisprudence, unwritten constitutional rules, federalism, and the provisions of theCanadian Charter of Rights and Freedomsand other Canadian human rights instruments. The object of this article is to describe in a comprehensive manner how international treaties may be used in Canadian courts. The disparate and seemingly unrelated norms informing the Anglo-Canadian law of treaty reception, including the implementation requirement, the treaty presumption, the rule inLabour Conventions, and the landmark decision inBakerv.Canada, are depicted as internally-consistent manifestations of the guiding principles of the Canadian reception system: self-government and respect for international law.

scholarly journals Road to Nowhere: Hong Kong's Democratization and China's Obligations Under Public International Law

2017 ◽  
Author(s):  
Alvin Y.H. Cheung
Keyword(s):  
Hong Kong ◽  
International Law ◽  
Chief Executive ◽  
Current Debate ◽  
Political Rights ◽  
Public International Law ◽  
Democratic Development ◽  
Joint Declaration ◽  
Electoral Reforms ◽  
Domestic Law

Does public international law have anything to say about how Hong Kong's Chief Executive should be chosen? The Hong Kong and Beijing Governments have framed the debate on electoral reforms for 2017 purely in terms of domestic law. They reject the relevance of the International Covenant on Civil and Political Rights (ICCPR) and have rebuffed any role for the United Kingdom under the Sino-British Joint Declaration of 1984 (Joint Declaration). In so doing, they seek to justify Beijing's insistence on powers of veto over nomination and appointment of the Chief Executive. However, an analysis purely in terms of domestic law is incomplete. Despite the insistence of the Hong Kong and Beijing Governments, international law has a role to play in the debate over Chief Executive electoral reform. Beijing’s commitments with respect to Hong Kong in the Joint Declaration, including the continued application of parts of the ICCPR to Hong Kong, preclude it from filtering Chief Executive candidates by political views. Emergent norms of customary international law are not only relevant to the interpretation of the Joint Declaration and ICCPR, but may also provide a freestanding basis to challenge the pre-ordination of candidates for Chief Executive. The state of the current debate, and China's long-standing efforts to frustrate democratic development in Hong Kong, show that it has not complied with its international law obligations. However, in the absence of individual rights of petition to the Human Rights Committee and in the absence of International Court of Justice compulsory jurisdiction, the prospects for enforcement of these obligations are bleak.

Openness and Transparency

2020 ◽  
pp. 933-956
Author(s):  
Jane Reichel
Keyword(s):  
Comparative Analysis ◽  
International Law ◽  
International Organizations ◽  
National Level ◽  
Human Right ◽  
Public International Law ◽  
The Public ◽  
Global Context ◽  
Introductory Overview ◽  
Domestic Law

This chapter considers how the increased interest in access to official documents on the public international law level relates to the challenges posed to domestic laws with respect to transparency. It asks if international developments of greater access can compensate for the loss of transparency at the national level brought about by the de-nationalization of domestic law, and if so, how. Swedish domestic law is chosen as the case example here. The chapter provides an introductory overview of openness and transparency as a constitutional and administrative value in Sweden. Next, it examines openness and transparency in a global context. Transparency as a human right and also as an ideal for international organizations is then addressed. The chapter concludes with a comparative analysis.

scholarly journals Terrorist or Armed Opposition Group Fighter? The Experience of UK Courts and the Implications for Public International Law

2018 ◽  
Vol 20 (3-4) ◽  
pp. 281-310 ◽  
Author(s):  
Alexander Murray
Keyword(s):  
International Law ◽  
Public International Law ◽  
The Third ◽  
Military Forces ◽  
Different Types ◽  
Immigration And Asylum ◽  
Opposition Group ◽  
Domestic Law

Abstract The aim of this article is to explore British courts’ jurisprudence relating to the actions of those who have committed acts abroad which, in some circumstances, might be considered terrorism. It does this by identifying three different types of attacks: against civilians, against UN-mandated forces and against another State’s military forces. What emerges from this analysis is that British courts readily classified the first two forms of attack as terrorism while remaining flexible in respect of the third. The article draws on domestic law concerning terrorism and also that which relates to immigration and asylum claims. From this it is apparent the courts have used a complex patchwork of international and domestic law to distinguish between terrorism and ‘legitimate armed attacks’. This is significant because the discussion of the issues by the courts might be of assistance in clarifying and developing the distinction in international law.

scholarly journals Environmental Law and Public International Law

2019 ◽  
pp. 1159-1184
Author(s):  
Leslie-Anne Duvic-Paoli
Keyword(s):  
International Law ◽  
Legal System ◽  
Environmental Governance ◽  
Environmental Law ◽  
Legal Systems ◽  
Theoretical Frameworks ◽  
Unit Of Analysis ◽  
Public International Law ◽  
The Status ◽  
Domestic Law

This chapter examines how—and the extent to which—public international law influences domestic environmental law. It first considers the assumption that the domestic–international divide is relevant to understanding current legal processes in the field of environmental governance before exploring the status of international law within domestic systems. In particular, it discusses the theoretical frameworks used to explain how domestic legal systems relate to public international law, including the dualism versus monism dichotomy, and the main transposition techniques used to integrate international law into domestic legal systems. The chapter also describes the effects of international law within domestic law in terms of unit of analysis, types of incidence, and the beneficiaries of these effects. Finally, it looks at factors that influence a state’s approach to the interactions between its legal system relative to environmental protection and public international law.

The Private History of International Law

2006 ◽  
Vol 55 (1) ◽  
pp. 1-50 ◽  
Author(s):  
Alex Mills
Keyword(s):  
International Law ◽  
Private International Law ◽  
Public And Private ◽  
Public International Law ◽  
History Of ◽  
History Of International Law ◽  
Domestic Law

The purpose of this article is to address two related false assumptions, or myths. The first is an assumption of public international law. It is the myth that the history of international law is one of progressive expansion, of increasing concern in public international law with matters traditionally considered private or internal to States, and that this expansion is a relatively recent phenomenon.1 The second is an assumption of private international law. It is the myth that private international law is not actually international, as it is essentially and necessarily a part of the domestic law of States.2 These assumptions, taken together, constitute the myth that public and private international law are discrete, distinct disciplines, with independent, parallel histories. This article addresses these myths through an analysis of the role played by international law theory in the history of private international law.

International Financial Law

2013 ◽  
Author(s):  
Douglas Arner ◽  
Uzma Ashraf
Keyword(s):  
Financial Crisis ◽  
Financial Markets ◽  
International Law ◽  
Global Financial Crisis ◽  
Ongoing Debate ◽  
Public International Law ◽  
Trade Law ◽  
Municipal Law ◽  
The Global Financial Crisis ◽  
Domestic Law

With growing financial globalization, international financial law has increased in significance and profile, especially in the wake of the global financial crisis of 2008 and the ongoing European financial crisis. Globalization of financial markets and the increase in frequency and severity of financial crises have led to evolving change in the realm of international financial law also. International financial law, historically primarily soft law in the form of standards transposed into domestic law, rules, and regulations, is most especially facing challenges in the wake of recent crises with calls and efforts to both reform its content and enhance its structure. This development, however, constitutes an ongoing debate and one that is particularly challenging because of issues relating to sovereignty, enforcement of decisions, fairness, and effectiveness. The debate overlaps with, and has significant potential implications for, both public international law and municipal law. Given its frequently nontraditional nature, international financial law can be compared and contrasted with monetary law and trade law, which are comparatively more traditional in their degree of legalization.

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