The Status of Croatia under International Law

1941 ◽  
Vol 35 (6) ◽  
pp. 1144-1151 ◽  
Author(s):  
Angelo Piero Sereni
Keyword(s):  
International Law ◽  
Armed Forces ◽  
Vice President ◽  
Foreign Affairs ◽  
National Committee ◽  
The Status ◽  
The Government ◽  
Council Of Ministers ◽  
Supreme Commander

On April 7, 1941, while the Axis Powers were invading Yugoslavia, Ante Pavelik, the well-known Croat terrorist, broadcast from Italy an appeal to the Croats to secede from the Serbs and to support Germany and Italy. Three days later, when the German troops entered Zagreb, Sladko Kvaternik, another Croat leader, proclaimed there an independent Croat state, and on April 12, a national committee declared Pavelik, who was still abroad, head of the new state. The following day he entered Zagreb, and two days afterwards he took effective power, receiving the title of Poglavnik, the Croat equivalent of Führer or Duce. Immediately upon his telegraphic request of April 15, Germany and Italy granted recognition of Croatia, subject to their joint determination of the new state boundaries. Pavelik at once dissolved the old political parties and on April 17 formed the first Croat government, in which he became president of the council of ministers and minister of foreign affairs; Kvaternik, his substitute and supreme commander of the armed forces; and a Dr. Kulenovich, vice-president of the council. An upper council of the Croat state was designated to function with the government.

The Validity of Rector�s Circular Letter on the Covid-19 Pandemic

2020 ◽  
Vol 7 (1) ◽  
pp. 126 ◽  
Author(s):  
Fradhana Putra Disantara
Keyword(s):  
Legal Theory ◽  
Legal Issues ◽  
State Universities ◽  
Ministry Of Education ◽  
Conceptual Approach ◽  
State Of Emergency ◽  
Circular Letter ◽  
The Status ◽  
The Government

This study aims to analyze the relevance of the �health emergency� status to the existing legal theory and condition as well as to identify the validity of the Circular Letter of the Rector of State Universities. To this end, this study applied the statute and conceptual approach. The study was conducted by inventorying primary and secondary legal materials to obtain a proper and critical review of the legal issues under study. The results showed that the determination of the �health emergency� status by the government was inappropriate due to the uncertainty of the regulations issued by the government to determine the current condition. Thus, the status of the COVID-19 pandemic is a �legal emergency� status. Further, the Rector�s policy through the Circular Letter is valid judicially, sociologically, and philosophically. The determination of the �legal emergency� status can be done by issuing a Perppu without a �state of emergency� from the President. Finally, it is suggested to firstly get an approval from the Ministry of Education and Culture regarding the issuance of the Rector�s Circular Letter. Besides, further study is needed as this study was conducted during the COVID-19 pandemic.�Keabsahan Surat Edaran Rektor Perguruan Tinggi dalam Pandemi Covid-19Tujuan dari penelitian ini adalah untuk menganalisa relevansi status �darurat kesehatan� dengan teori hukum dan kondisi yang ada dan keabsahan atas Surat Edaran Rektor Perguruan Tinggi Negeri. Metode yang digunakan dalam penelitian ini adalah statute approach dan conseptual approach. Penelitian dilakukan dengan menginventarisasi bahan hukum primer dan sekunder, guna mendapatkan kajian yang seyogianya dan telaah kritis terkait isu hukum. Hasil penelitian menyatakan penetapan status darurat kesehatan oleh pemerintah kurang tepat, dikarenakan tidak menentu-nya peraturan yang dikeluarkan oleh pemerintah untuk menetapkan kondisi saat ini. Sehingga, status pandemi COVID-19 merupakan status darurat hukum. Kebijakan rektor melalui Surat Edaran adalah absah secara aspek yuridis, sosiologis, dan filosofis. Penetapan darurat hukum cukup dilakukan dengan menerbitkan Perppu tanpa pernyataan darurat dari Presiden. Saran peneliti adalah di perlukan persetujuan pada Kementerian Pendidikan dan Kebudayaan terkait terbitnya Surat Edaran Rektor, dan dibutuhkan penelitian lebih lanjut dikarenakan penelitian ini dilakukan pada masa COVID-19 yang bersifat temporal.�

THE LIBERAL CONSTITUTION AND FOREIGN AFFAIRS

2010 ◽  
Vol 28 (1) ◽  
pp. 115-149
Author(s):  
Fernando R. Tesón
Keyword(s):  
International Law ◽  
Foreign Relations ◽  
Foreign Affairs ◽  
Customary Law ◽  
Trade Barriers ◽  
Customary International Law ◽  
Liberal Government ◽  
The Government ◽  
Improved Methods ◽  
The U.S

AbstractScholars have debated the meaning of the foreign-relations clauses in the U.S. Constitution. This essay attempts to outline the foreign-relations clauses that an ideal constitution should have. A liberal constitution must enable the government to implement a morally defensible foreign policy. The first priority is the defense of liberty. The constitution must allow the government to effectively defend persons, territory, and liberal institutions themselves. The liberal government should also contribute to the advancement of global freedom, subject to a number of conditions, especially cost. The essay recommends improved methods to incorporate treaties and customary international law into the constitutional structure. Treaties should be approved by the whole legislature and should generally be self-executing. Customary law should be genuine, not fake, and consistent with liberal principles. Finally, based on economic theory and evidence, the essay recommends that liberal constitutions prohibit the government from erecting trade barriers. It concludes by tentatively proposing concrete constitutional language to implement these recommendations.

La disciplina dei militari impegnati all'estero in missioni umanitarie: in margine al caso Lozano

2009 ◽  
pp. 565-590
Author(s):  
Raffaella Nigro
Keyword(s):  
International Law ◽  
Armed Forces ◽  
Foreign Affairs ◽  
Customary International Law ◽  
Exclusive Jurisdiction ◽  
Head Of State ◽  
State Practice ◽  
Functional Immunity ◽  
Head Of Government ◽  
Domestic Law

- In the well-known Lozano case, an Italian intelligence agent, Mr Nicola Calipari, remained killed in 2005 by an American soldier, Mr Mario Luis Lozano, while entering a US checkpoint on the way to the Baghdad airport soon after securing the release of an Italian journalist from Iraqi kidnappers. In the ensuing case, Italian courts addressed a number of sensitive questions, including that of jurisdiction over national troops involved, directly or indirectly, in so-called "humanitarian missions" abroad. Italian courts did have jurisdiction over the killing under Italian domestic law. Indeed, the murder of Mr Calipari can be regarded as a "political crime" under Article 8 of the Italian penal code. On such a premise, the question is whether Article 8 was superseded by a customary international law rule under Article 10 of the Italian Constitution aimed at excluding jurisdiction over Mr Lozano. State practice suggests that neither a customary rule on the exclusive jurisdiction of the sending State (as claimed by the Court of Assise of Rome in 2007) nor a customary rule on Mr Lozano's functional immunity (as claimed by the Court of Cassation in 2008) are established in customary international law. Rather, State practice reveals that a number of States are likely to recognize immunity from jurisdiction to the armed forces only in certain specific circumstances. Moreover, such immunity is quite different from the functional immunity traditionally enjoyed by diplomatic and consular agents, as well as from the immunities enjoyed by other high-ranking State officials, such as the Head of State, the Head of Government and the Minister for Foreign Affairs.

Deployment of Armed Forces: Swedish Constitutional Considerations

2020 ◽  
Vol 89 (1) ◽  
pp. 94-116
Author(s):  
Inger Österdahl
Keyword(s):  
International Law ◽  
Armed Forces ◽  
Constitutional Reform ◽  
Military Action ◽  
Division Of Powers ◽  
The Government ◽  
Self Defence

This article investigates the Swedish constitutional framework for international military action. The constitutional provisions on self-defence and on the sending of armed forces to other countries are in focus. The provisions mainly concern the division of powers between the government and parliament and generally contain little substance. In the context of a relatively recent revision of the entire Swedish Constitution also the constitutional provisions on the government’s power to deploy the armed forces were subject to review. In the end not much was changed, but several suggestions for change were put forward by the official commission of inquiry on constitutional reform. Even though the suggestions for change were for the most part rejected, they are discussed in this article as a backdrop to the rules that remained. An ambition to tie the Swedish constitutional regulation even closer to international law was part of the suggested change which was eventually approved.

Intervention by Invitation

2016 ◽  
Author(s):  
Gregory H. Fox
Keyword(s):  
Human Rights ◽  
International Law ◽  
Civil Wars ◽  
Security Council ◽  
Armed Conflicts ◽  
Democratic Legitimacy ◽  
Un Security Council ◽  
The Status ◽  
The Government ◽  
Internal Armed Conflicts

This chapter examines the debate concerning a state’s intervention in internal armed conflicts based on invitation, either from the government or from a rebel group fighting against the government. It looks at the issues that arise from intervention by invitation, particularly those relating to the territorial integrity of the state, the status of the actors involved, the nature of the consent, and implications for international law in general and for politics and human rights in particular. The chapter first considers the traditional view of intervention by invitation and the recent challenges to that view. It then discusses the negative equality principle as it applies to intervention in civil wars, as well as the link between intervention by invitation and democratic legitimacy. It also analyses the position of the UN Security Council on intervention by invitation.

scholarly journals Determinants and Status of Vaccination in Bangladesh

2012 ◽  
Vol 60 (1) ◽  
pp. 47-51 ◽  
Author(s):  
Nasrin Afzal ◽  
Begum Zainab
Keyword(s):  
Vaccination Coverage ◽  
Urban Areas ◽  
Economic Status ◽  
Immunization Coverage ◽  
Vital Role ◽  
Rural And Urban Areas ◽  
Rural And Urban ◽  
The Status ◽  
The Government

The identification of the characteristics that have an influence on the vaccination coverage of children and the determination of the pattern of such influence are very important since the government can reschedule the policy to immunize each and every child. This paper examines the factors that manipulate the vaccination coverage in terms of five major vaccines using the Bangladesh Demographic and Health Survey (BDHS)-2007 data. The results strongly suggest that mother’s education and economic status play a vital role significantly in improving the vaccination coverage. Besides, Khulna and Rajshahi have higher whereas Sylhet and Chittagong have lower immunization coverage than Dhaka. In addition, mother’s exposure to media (newspaper, TV or radio) also improves the status of coverage both in the rural and urban areas in Bangladesh.DOI: http://dx.doi.org/10.3329/dujs.v60i1.10336  Dhaka Univ. J. Sci. 60(1): 47-51 2012 (January) 

Law and Sovereignty

1937 ◽  
Vol 31 (4) ◽  
pp. 617-637
Author(s):  
J. Roland Pennock
Keyword(s):  
International Law ◽  
Constitutional Law ◽  
Political Obligation ◽  
The Real ◽  
Real Issue ◽  
The Status ◽  
Definition Of

Political theorists have spilt much ink in controversies over “sovereignty,” while probably even more effort has been devoted to discussion of the nature of law. It cannot be said that the result of all this activity has been to produce a body of generally accepted doctrine, or even that it has greatly clarified the field of discussion. On the contrary, misunderstandings and the abuse of terms have contributed greatly to a general fog.The real issue raised by the pluralists is much more than a question of logic. They challenge the premises of their opponents. They deal largely with the question of the limits of political obligation. With that we are not here concerned. The primary purpose of this article is to search for a meaning of “law” that will at once contribute to the clarification of the question as to the nature of law and aid in the determination of the most helpful legal signification of the term “sovereignty.” The accomplishment of this purpose should aid in settling the incidental questions of the nature of “constitutional law,” the possibility of “nullifying” law, and the status of “international law.”The two subjects—law and sovereignty—are frequently treated independently, but they are so inter-related as to render such treatment inadequate. A brief examination of the controversy over “sovereignty” will demonstrate how it ultimately resolves itself into a question of the definition of law.

scholarly journals PRIVATE INTERNATIONAL LAW IN BRAZIL: A BRIEF OVERVIEW

2018 ◽  
Vol 1 (1) ◽  
pp. 11-37
Author(s):  
Carmen Tiburcio
Keyword(s):  
United States ◽  
International Law ◽  
The United States ◽  
Private International Law ◽  
The Status ◽  
Rules And Principles ◽  
The Subject

The paper is intended to provide an overview of Private International Law in Brazil. With this purpose, it presents in broad lines the subject matters of the discipline, undertaking, whenever possible, comparisons with the contours given to it in the United States. In sum, the text deals with the acquisition of Brazilian nationality, the status of aliens, the determination of the applicable legislation to legal relationships with international connections – which includes the exam of Brazilian connecting rules and principles of Private International Law – and the exercise of Brazilian jurisdiction.

scholarly journals Problematik Kepastian Hukum Darurat Kesehatan Masyarakat Pada Masa Pandemi COVID-19

2021 ◽  
Vol 3 (1) ◽  
pp. 197
Author(s):  
Hananto Widodo ◽  
Fradhana Putra Disantara
Keyword(s):  
Public Health ◽  
Government Regulation ◽  
Conceptual Approach ◽  
Public Health Emergencies ◽  
Legal Implications ◽  
Concept Of Health ◽  
Presidential Decree ◽  
The Status ◽  
The Government

This research is normative research. The purpose of this research is to examine the emergency constitutional law related to the concept of health emergencies as referred to in Law No. 6 of 2018 concerning Health Quarantine; and provide comprehensive analysis and formulation related to future emergency law arrangements. The research method used in this research is a statute approach and a conceptual approach; by using primary and secondary legal materials. The results of this study are the legal implications related to the determination of the health emergency status based on Presidential Decree No. 11 of 2020 has created legal uncertainty, because the government has actually issued Government Regulation No. 21 of 2020 first; is not a Government Regulation on procedures for determining and revoking the status of determining health emergencies. On the other hand, the determination of public health emergencies is not synergistic with its implementation. Furthermore, an ideal arrangement is needed in the future related to public health emergencies in order to achieve legal certainty in public health emergencies. For this reason, a harmonization of the state of danger law is needed or the establishment of a danger state law such as the omnibus bill

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