The Need for an International Convention on the Law Applicable to IP Issues

2021 ◽  
Author(s):  
Heidi Eissa
Keyword(s):  
International Convention ◽  
The Law

scholarly journals . Problems of legal regulation of combatinig terrorism and prevention of terrorist acts

2020 ◽  
Vol 2020 (2) ◽  
pp. 84-92
Author(s):  
Samofalov L.P. ◽  
◽  
Samofalov O.L. ◽  
Keyword(s):  
Criminal Liability ◽  
Legal Regulation ◽  
Criminal Code ◽  
European Convention ◽  
International Treaties ◽  
International Convention ◽  
Terrorist Financing ◽  
Terrorist Groups ◽  
The Law ◽  
Terrorist Acts

The article addresses to the study of problematic issues of legal regulation of combating terrorism and the prevention of terrorist acts. The current state of crime prevention by terrorist groups is comprehensively analyzed. It is established that the range of subjects of anti-terrorist activity is not provided by the current legislation and the corresponding shortcomings that arise during the combating terrorism. It is established that the legal basis for the fight against terrorism is the Constitution of Ukraine, the Criminal Code of Ukraine, the Law of Ukraine "On Combating Terrorism", other laws of Ukraine, the European Convention on the Suppression of Terrorism of 1977 year, the International Convention for the Suppression of Terrorist Bombings of 1997 year, the International Convention on the Fight against Terrorist Financing in 1999 year, other international treaties of Ukraine approved by the Verkhovna Rada of Ukraine, decrees of the President of Ukraine, resolutions and orders of the Cabinet of Ministers of Ukraine, as well as other regulations adopted to implement the laws of Ukraine. Among the normative legal acts regulating relations in the field of counter-terrorism, one of the prominent places has the Law of Ukraine "On Prevention and Counteraction to Legalization (Laundering) of the Proceeds of Crime, Terrorist Financing and Financial Proliferation of Weapons of Mass Destruction" dated 14 October, 2014. It is proved that among the factors that negatively affect the effectiveness of the investigation of terrorist crimes, the leading place is taken by insufficiently balanced and unfounded state criminal law policy, which over the past few years has gradually lost its state character, becoming hostage to permanent political confrontation. There are many cases of unsystematic and scientifically unsubstantiated changes in certain provisions of the Criminal Code of Ukraine. Key words: terrorism, terrorist act, terrorist operation, crimes, subjects, criminal liability.

Part II The Sources of the Law of State Immunity, 5 A Review of the Sources: Treaties and Projects for Codification

2015 ◽  
Author(s):  
Fox Hazel ◽  
Webb Philippa
Keyword(s):  
First Century ◽  
International Court Of Justice ◽  
International Convention ◽  
State Immunity ◽  
International Court ◽  
The Icj ◽  
The Law ◽  
To Come ◽  
International Conventions ◽  
Law Making

This chapter provides a list of the sources, both international and national, of the law of State immunity and a brief survey of relevant treaties and projects for codification in existence prior to the adoption in 2004 of the UN Convention on Jurisdictional Immunities of States and their Property (UNCSI). Accepting the sources of international law to be as summarized in Article 38(1) of the Statute of the International Court of Justice (ICJ), law-making international conventions are clearly the best source of the principles and rules relating to State immunity. Not until the twenty-first century was the law of State immunity accorded sufficient relevance for States to adopt an international convention dealing with the topic and for the issues which it raised to come before the ICJ.

Lessons From a Traffic Light

2016 ◽  
Vol 3 (1) ◽  
pp. 3-23
Author(s):  
Vincenzo Zeno-Zencovich
Keyword(s):  
Comparative Law ◽  
Administrative Law ◽  
Legal Philosophy ◽  
Vienna Convention ◽  
Common Language ◽  
Traffic Light ◽  
Elementary Model ◽  
International Convention ◽  
Traffic Lights ◽  
The Law

Traffic lights are examined as one of the most common examples of “global administrative law” governed by an international convention (the 1968 Vienna convention on traffic signs). They also bear implications for legal philosophy especially as regards the relations of individuals with norms and normativity and the creation of social norms. Furthermore the traffic light metaphor is widely used in common language and in other fields of law. Finally traffic lights are seen from a comparative law perspective, especially as a test for the effectiveness of uniform (and global) laws, taking into account essential aspects of the law such as sanctions and enforcement. Traffic lights could be used as an elementary model to verify uniformity and compliance in much more complex pieces of the law.

The Chinese Marine Environmental Protection Law

1999 ◽  
Vol 1999 (1) ◽  
pp. 721-723
Author(s):  
Cindy Chen ◽  
Mike Hicks
Keyword(s):  
Environmental Protection ◽  
Construction Projects ◽  
Marine Pollution ◽  
International Treaties ◽  
Environmental Laws ◽  
International Convention ◽  
Marine Environmental Protection ◽  
The Law ◽  
Marine Environmental ◽  
Chinese Marine

ABSTRACT The concept of marine environmental protection and its development was introduced to the People's Republic of China in the 1980s. This followed the enactment of the Environmental Protection Law (1979, 1989), a revision to the Constitution, and the adoption of international environmental laws. The Chinese Marine Environmental Protection Law (MEPL) was promulgated in 1983 after China signed the 1982 U.N. Convention on the Law of the Sea. Both national environmental laws and various international conventions and agreements influenced the MEPL. For example, the MEPL closely follows provisions outlined by the International Convention for the Prevention of Pollution from Ships (MARPOL) and other international treaties. China has concerns about marine pollution not only within its own territory but outside its jurisdiction as well. Thus, the MEPL explicitly states that the provisions of the law apply to areas beyond China's territorial sea. As provided by the MEPL, China has the right to assert jurisdiction over foreign vessels beyond its territorial sea when they engage in activities that cause pollution to China's environment. However, questions arise as to China's coastal state jurisdiction. China's view on sovereignty is a controversial issue, and it is unclear whether the MEPL can be invoked to confer liability in waters outside of China's jurisdiction. Despite uncertainty over the jurisdiction issue, the MEPL is a significant and comprehensive law for marine protection. It regulates five major sources of marine pollution: coastal construction projects, off-shore oil exploration and exploitation, land-source pollutants, vessel pollution, and the dumping of wastes at sea. The purpose of this paper is to provide a brief comparison of the MEPL and relevant international laws and an understanding of critical issues covered by the MEPL.

Bosnian Constitutional Court: Unconstitutionality of the ‘Day of the Republic’

ICL Journal ◽  
2017 ◽  
Vol 11 (1) ◽  
pp. 153-161
Author(s):  
Mirha Karahodžić
Keyword(s):  
Bosnia And Herzegovina ◽  
European Convention ◽  
Constitutional Court ◽  
International Convention ◽  
National Assembly ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Law ◽  
The Republic ◽  
Republika Srpska

Abstract In its decision U 3/13 from 26 November 2015 the Bosnian Constitutional Court found on the request of a Member of the Presidency of Bosnia and Herzegovina that Article 3 (b) of the Law on Holidays of the Republika Srpska concerning the 9 January as ‘Day of the Republic’ is not in conformity with Article I (2) of the Constitution of Bosnia and Herzegovina, Article II (4) of the Constitution of Bosnia and Herzegovina in conjunction with Article 1 (1) and Article 2 (a) and (c) of the International Convention on the Elimination of All Forms of Racial Discrimination, and Article 1 of Protocol No 12 to the European Convention for the Protection of Human Rights and Fundamental Freedoms. The Constitutional Court ordered the National Assembly of the Republika Srpska to harmonize Article 3 (b) of the Law on Holidays of the Republika Srpska with the Constitution within a time limit of six months from the date of delivery of the decision and to inform the Constitutional Court of the measures taken to enforce the Decision.

scholarly journals International Convention on the Removal of Wrecks, 2007. – a New Contribution to the Safety of Navigation and Marine Environment Protection

2013 ◽  
Vol 2 (1) ◽  
pp. 49-55
Author(s):  
Ranka Petrinović ◽  
Vesna Skorupan Wolff ◽  
Nikola Mandić ◽  
Bisera Plančić
Keyword(s):  
United Nations ◽  
Marine Environment ◽  
Law Of The Sea ◽  
United Nation Convention ◽  
International Convention ◽  
The United Nations ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
Economic Zones

The text of the International Convention on the Removal of Wrecks was finally adopted at the International Conference held from 14 to 18 May, 2007 in the United Nations Office at Nairobi in Kenya (UNON). The Convention shall enter into force twelve months after having been signed and approved by ten States. The new Convention will provide a legal frame for the States Parties in removing existing and future wrecks located beyond the territorial sea (within their sovereign rights). First of all it is the exclusive economic zone which we discuss in the paper, or if a state has not established the Zone, it is the territory just beyond the territorial seas which extends not more than 200 NM from the starting lines for determining the size of territorial seas. Although the number of maritime accidents has been reduced recently, it has been estimated that there are more than 1 300 abandoned wrecks around the world today that pose potential hazards to safe navigation, utilization of the living resources, as well as to the marine environment. In accordance with the United Nations Convention on the Law of the Sea, the Republic of Croatia established Protected Ecological and Fishing Zone comprising sovereign rights characteristic for exclusive economic zones such as sovereign right of researching, utilization and conservation of the living resources beyond the outer borders of the territorial sea, as well as their management, and the jurisdiction with regard to the scientific research of the sea and protection and preservation of the marine environment. The Adriatic Sea falls into the category of closed or semi-closed seas by the definition of the United Nation Convention on the Law of the Sea, and therefore if compared with larger seas, the consequences of pollution would be much greater due to its small size. That is why the adoption of the Convention on the Removal of Wrecks is of great importance to Croatia. The provisions of the Convention oblige the master and the operator of a ship to notify the endangered state party immediately about the accident which may cause a shipwreck, and the state must inform the mariners and other coastal states about the hazard posed by wrecks. The most important fact is that the Convention requires compulsory security for vessels of 300BT. The vessels of 300 BT are obliged to have the certificate of insurance, or some other financial security as a cover for owner’s liability for the damage caused by the removal of the wreck.

Kedudukan Hukum Hipotek Kapal Laut Dalam Hukum Jaminan Dan Penetapan Hipotek Kapal Laut Sebagai Jaminan Perikatan

2017 ◽  
Vol 7 (2) ◽  
pp. 130
Author(s):  
Syukri Hidayatullah, S.H., M.H
Keyword(s):  
Development Process ◽  
Colonial Rule ◽  
Shipping Industry ◽  
Legal Certainty ◽  
Commercial Law ◽  
Sea Transport ◽  
International Convention ◽  
Commercial Code ◽  
The Law ◽  
The Government

Given the importance of the position of fund's credit in the development process, it has been supposed to be the giver and the recipient of the credit and other related parties are protected through a rights institutions, strong guarantee and also be able to provide legal certainty for all parties concerned in the various sectors of the trade of Indonesia, including the shipping sector. To encourage the shipping industry, the Government has undertaken various legal actions including through deregulation in the field of sea transport issued Law No. 17 in 2008 about voyage, the President’s Instruction Number 5 in 2005 concerning Empowerment National Shipping Industry and the regulation of President No. 44 in 2005 about ratification of the International Convention on Maritime Receivable and Mortgage with this ratification, particularly the field of shipping, the Indonesian shipping industry may participate empower and strengthen national and international efforts to prepare Legislation in the draft of Law on the Maritime Claim Prior and Mortgages on Ships. The regulations of ship mortgage, among others, are still adopting colonial rule both the Book of the Law of Civil Law (Civil Code) and the Book of the Law of Commercial Law (Commercial code) and Indonesia legislation, namely Law No. 17 in 2008 about Shipping. Regarding the distribution of these regulations will be further discussed in Chapter II.

Marpol—An Adequate Regime? A Questioning Look At Port and Coastal State Enforcement

1999 ◽  
Vol 1999 (1) ◽  
pp. 715-720
Author(s):  
Laurie Crick Sahatjian
Keyword(s):  
Marine Environment ◽  
The United States ◽  
Law Of The Sea ◽  
International Treaties ◽  
International Regime ◽  
International Convention ◽  
Accidental Discharge ◽  
The Law ◽  
The Impact ◽  
Flag State

ABSTRACT The Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (MARPOL 73/78), was adopted to “achieve the complete elimination of intentional pollution of the marine environment by oil … and the minimization of accidental discharge of [oil].” Parties to MARPOL believed this goal could best be achieved by the adoption of an international regime with specific operational and structural requirements for vessels and a comprehensive scheme for the detection and enforcement of violations. MARPOL, together with the United Nations Convention on the Law of the Sea, explicitly allocates enforcement among flag, port and coastal states. In recent years, port and coastal states, including the United States, have begun to look beyond MARPOL to domestic law to enforce MARPOL requirements on foreign flag vessels that (1) are suspected of MARPOL violations outside their jurisdiction but voluntarily enter their ports and (2) violate MARPOL while navigating in their coastal waters. The justification often given for more aggressive port state enforcement is inadequate flag state enforcement. Because of this perception, port and coastal states are assuming more enforcement responsibility. The impact of this upon the carefully negotiated international regime could be significant. This scheme, which reflects traditional international law and has been codified in both MARPOL and the Law of the Sea Convention, is at risk. This paper examines the international scheme and recent initiatives that threaten the scheme, and proposes actions to be taken at the international level to address the problems that have resulted in this trend toward less flag state enforcement and to strengthen the relevant international treaties to greater protect the marine environment.

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