How to Balance Interests: Comparative Legal Aspects on the Limitation of Copyright in International Law

2014 ◽  
Author(s):  
Tatiana Brazhnik
Keyword(s):  
International Law ◽  
Legal Aspects

Separatism in the Comoros: Some Legal Aspects

1998 ◽  
Vol 11 (2) ◽  
pp. 247-256 ◽  
Author(s):  
Gino J. Naldi
Keyword(s):  
International Law ◽  
Legal Aspects ◽  
Self Determination ◽  
Small Island ◽  
African Unity ◽  
Island State ◽  
Organization Of African Unity ◽  
State Of Affairs ◽  
Small Island State ◽  
The Relationship

Since its founding in 1963, the Organization of African Unity (OAU) has placed special emphasis on the preservation of the territorial integrity of African states. It has actively contributed to the development of relevant rules of international law, such as that of uti possidetis. Its opposition to the fragmentation of states has been absolute. However, the small island state of Comoros has challenged this state of affairs. The seemingly successful secession of ‘Anjouan’ has threatened the cherished principles of the OAU. This article critically analyzes the relationship between the principles at the heart of the dispute, those of self-determination and uti possidetis, and concludes that there is no legal proscription on the secession of ‘Anjouan’.

Temporary application of international treaties: legal aspects

2021 ◽  
pp. 58-62
Author(s):  
Veronika Shcherbyna ◽  
Ivanna Maryniv
Keyword(s):  
United Nations ◽  
International Law ◽  
Legal Aspects ◽  
Vienna Convention ◽  
Main Body ◽  
Legal Institution ◽  
International Treaties ◽  
Provisional Application ◽  
The United Nations ◽  
The Law

Problem setting. Nowadays the problem of the provisional application of treaties can be described as actual. It is no accident that it has been the subject of the attention of the United Nations International Law Commission with the task of elaborating the most important problems of international law. Furthermore, the above-mentioned subsidiary body of the United Nations General Assembly recognized the need to analyze the provisional application of treaties, the need for the progressive development and codification of international law in respect of the topic dealt with in this article. Аnalysis of research and publications. Aspects of the problem of provisional application of treaties are reflected primarily in the works of in the works of I.I. Lukashuk, O.V. Kyivets, O.V. Pushniak, I.I. Maryniv, T. Leber. Target of research is to describe the legal institution of the provisional introduction of international treaties and to find reasons for its use. Article’s main body. The article is devoted to the question of the temporary use of an international treaty as a fundamental institution of international law. The study discusses the need for provisional application of treaties. Attention was paid to the works of legal academics, who had considered this issue, their works and summaries were reviewed regarding the question under consideration. The author analyzed the formulations of the article 25 of the 1969 Vienna Convention on the Law of Treaties. Legal aspects and shortcomings were considered. First of all, it was noted that there is no definition of the temporary application of international treaties in the 1969 Vienna Convention on the Law of Treaties and article 25 of the Convention had been criticized for being difficult to understand and lacking legal precision. In the article, the author noted that in general, the provisional use takes place before the entry into force of the treaty, when countries have not yet completed the necessary internal state procedures for its entry into force and have not internationally expressed consent to be bound. The author also stressed that the application of the treaty before it enters into force or will enter in the moment when it is implemented, the parties will address to their commitments and thus the object of the treaty would disappear. The author highlighted another legal aspect of the international legal institution under consideration is that, in order to implement the institution of provisional application of treaties, A special law and regulations may be enacted in domestic law (constitutional and legislative). What is more, the author mentioned that it is appropriate to devote attention to the work of the father of the national science on the law of international treaties I.I. Lukashuk. Conclusions. The author concluded that the institution of the provisional use of treaties is one of the key institutions in the law of treaties enabling the parties to urgently address cooperation issues. Another conclusion of the author of this article is that countries resort to this legal instrument under consideration for several reasons: urgent resolution of issues to which the relevant treaties apply; the desire of countries to adopt and immediately implement confidence-building measures; preventing time gaps in the operation of a number of international treaties, which have been successively adopted and replace each other on the same subject.

Territorial Dimensions of Self-Determination

2018 ◽  
Vol 51 (3) ◽  
pp. 427-468
Keyword(s):  
Middle East ◽  
International Law ◽  
Legal Aspects ◽  
Self Determination ◽  
International Court Of Justice ◽  
The Third ◽  
Court Of Justice ◽  
Middle East Conflict ◽  
International Court ◽  
Generous Support

Professor Yaël Ronen introduced the workshop as the fourth in a series of events on legal aspects of the Middle East conflict. The first two events concerned the Palestine Mandate of 1922. The third focused on the 1948 refugee issue. All these events have and are being held with the generous support of the Knapp Family Foundation and under the auspices of the International Law Forum of the Faculty of Law. Also, as part of the Shabtai Rosenne International Law Center Initiative, the first session was dedicated to the commemoration of the work of the late Shabtai Rosenne, whose scholarship spanned a host of international law issues but who is most renowned for his work on the International Court of Justice (ICJ).

scholarly journals An Indication of China's Policy towards Uighurs and its Implications by International Law Aspects

2020 ◽  
Vol 3 (1) ◽  
pp. 55-71
Author(s):  
Mellisa Towadi ◽  
Nur Mohamad Kasim ◽  
Rumawi Rumawi ◽  
Siti Asifa Tahir
Keyword(s):  
International Law ◽  
Religious Freedom ◽  
Legal Aspects ◽  
The State ◽  
Political Rights ◽  
Individual Freedom ◽  
Main Interest ◽  
Civil And Political Rights ◽  
Democratic Principles

This article examines the Chinese government's policy towards Uighurs for the purpose of outlining and explaining indications of the policy that have implications on the legal aspects of this international law. This study was researched using normative juridical methods with expansive analysis based on logical-normative approaches. The results of the analysis show that broadly the policies China implements against the Uighur population are indicated to acts of discrimination. China's main interest is sovereignty, so of course, China will not allow the release of any territory from China. While the implications in the context of International Law as to uphold the guarantee of civil and political rights, liberal and democratic principles or independence, and individual freedom in relation to the state. The points of conflict identified, especially concerning the reach of equality of rights between ethnic Uighurs and other ethnicities in China, the prohibition of inhumane punishment and degrading dignity, and religious freedom.

Cooperation Between The Council Of Europe And The European Union And Modern International Law

2021 ◽  
Vol 38 (4) ◽  
Author(s):  
Volodymyr Kopanchuk ◽  
Tetiana Zanfirova ◽  
Tetiana Novalska ◽  
Dmytro Zabzaliuk ◽  
Kateryna Stasiukova
Keyword(s):  
European Union ◽  
International Law ◽  
Legal Aspect ◽  
Eu Enlargement ◽  
Legal Aspects ◽  
International Agreements ◽  
The European Union ◽  
Council Of Europe ◽  
The Impact ◽  
The Eu

Cooperation between the Council of Europe and the European Union is of great interest to Ukraine, which defines the entry into the European legal field as one of the main vectors of its development. The study is devoted to the study of the peculiarities of the impact of cooperation between the Council of Europe and the European Union on the development of modern international law. The authors studied the formation and development of collaboration between the Council of Europe and the EU; emphasized the legal aspects of cooperation between the European Council and the EU in the EU enlargement process; analyzed in detail the types of international agreements through the legal aspect and clarified the impact of cooperation between the Council of Europe and the EU on the development of modern international law and describe the forms of international legal cooperation between the Council of Europe and the EU.

17. Diplomatic and consular relations

2019 ◽  
pp. 381-400
Author(s):  
James Crawford
Keyword(s):  
International Law ◽  
Legal Aspects ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
National Legislation ◽  
Judicial Decisions ◽  
State Practice

The rules of international law governing diplomatic relations are the product of long-established state practice reflected in treaties, national legislation, and judicial decisions, as codified in the Vienna Convention on Diplomatic Relations. This chapter discusses the general legal aspects of diplomatic relations; staff, premises, and facilities of missions; inviolability of missions; diplomatic agents; consular relations; special missions; and crimes against internationally protected persons.

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