Recent Aspects of the Calvo Doctrine and the Challenge to International Law

1946 ◽  
Vol 40 (1) ◽  
pp. 121-147 ◽  
Author(s):  
Alwyn V. Freeman
Keyword(s):  
International Law ◽  
Mexico City ◽  
International Protection ◽  
The Third ◽  
Diplomatic Protection ◽  
Draft Resolution ◽  
The Subject ◽  
Bar Association ◽  
Post War

At the Third Conference of the Inter-American Bar Association held in Mexico City during July–August, 1944, a sub-committee of the Committee on Post-War Problems proposed a draft resolution relative to the diplomatic protection of citizens abroad which, if ever officially accepted by the American Republics, would erase as between those countries all of the existing international law on the subject. The resolution urged, first of all, that “diplomatic protection of citizens abroad” be abolished in favor of an international protection of the rights of man.

The International Protection of Refugees

1954 ◽  
Vol 48 (2) ◽  
pp. 193-221 ◽  
Author(s):  
Paul Weis
Keyword(s):  
International Law ◽  
Specific Group ◽  
International Protection ◽  
The Subject ◽  
The Individual ◽  
Traditional Doctrine

The rôle of the individual in international law has for some time past been the subject of searching analysis by distinguished theorists. Recently the traditional doctrine that individuals are its objects only has been forcefully attacked by Professor Lauterpacht. It is intended to describe in this article certain developments on the international plane which affect the position of a specific group of individuals, the refugees.

Szaber Frenzy

2010 ◽  
pp. 173-203
Author(s):  
Marcin Zaremba
Keyword(s):  
Ethnic Difference ◽  
Necessary Condition ◽  
Power Structures ◽  
Culture Of Poverty ◽  
The Third ◽  
The Subject ◽  
Northern Territories ◽  
Post War

The subject of this article is war, and especially post-war, szaber – a phenomenon of mass looting of unattended property. The text is divided into three parts. In the first part, I attempt to explain theoretically the origin of szaber, indicating (among other things) its links with the culture of poverty and a necessary condition for the szaber to take place – a moment of chaos and a temporary decline of the power structures. In the second part, I formulate a hypothesis that ethnic difference was a necessary condition for szaber to emerge. I illustrate it with examples from September 1939, when first we faced a phenomenon of mass looting of unattended property. The article also deals with the pillage of the ghettos by Poles in 1942. The third part is devoted to the highest wave of looting, which took place mostly in the Regained Western and Northern Territories, immediately after the war. The text is constructed in such a way that at the end I return to the origin of the phenomenon, formulating a thesis that it created a certain szaber culture

A DOUTRINA DO TERCEIRO CÚMPLICE – CONTRAPONTO À RELATIVIDADE DOS CONTRATOS

2018 ◽  
Vol 7 (1) ◽  
pp. 65
Author(s):  
Luís Gustavo Dos Santos ◽  
Luciana De Carvalho Paulo Coelho
Keyword(s):  
International Law ◽  
Present Article ◽  
Literary Analysis ◽  
Third Party ◽  
Inductive Method ◽  
Scientific Article ◽  
The Third ◽  
Contractual Relationship ◽  
The Subject ◽  
Positive Nature

<p class="resumo">O presente artigo tem como objeto a análise da doutrina do terceiro cúmplice como um contraponto ao principio da relatividade dos contratos. Tal princípio indica que uma relação contratual tem seus efeitos limitados às partes contratantes, contudo, sabe-se que este princípio deve ser relativizado, basta para isso, recordar das modalidades contratuais em que há promessa de fato de terceiro ou mesmo uma disposição em favor de um terceiro. A doutrina do terceiro cúmplice demonstra que um terceiro alheio à relação contratual pode ser responsabilizado pelo seu descumprimento quando tiver agido no sentido de fomentar o descumprimento do contrato por parte de um dos contratantes aproveitando-se desta situação. Pela pesquisa, vê-se que a temática não é muito discutida no cenário acadêmico, razão pela qual houve este empenho em seu estudo. No Direito Iinternacional a doutrina do terceiro cúmplice vem sendo aplicada há bastante tempo. No Brasil percebe-se esta solidarização de forma bastante evidente nas relações consumeristas, onde todos aqueles que integram a cadeia produtiva são responsabilizados pelo dano. Nas relações contratuais alicerçadas pelo Código Civil há a positivação da matéria em alguns expedientes, em outras situações, contudo, dependerá da parte a astúcia de demonstrar a responsabilidade de um terceiro pelo possível aliciamento na relação contratual preteritamente estabelecida pelas partes originariamente contratantes. Conclui-se que é possível sim invocar a responsabilidade alheia por danos provocados na relação contratual original, que é o que basicamente define a doutrina do terceiro cúmplice. Para a elaboração deste artigo científico adotou-se o método indutivo, utilizando-se das técnicas do referente bibliográfico, fichamento, análise literária, prática e jurisprudencial.</p><p class="resumo"><strong>Palavras-chave: </strong>Contratos. Relatividade. Terceiro cúmplice.</p><h3>THE DOCTRINE OF THE THIRD ACCOMPLICE - CONTRIBUTING TO THE RELATIVITY OF CONTRACTS</h3><div><p class="abstractCxSpFirst"><strong>Abstract: </strong>The present article has as objective to analyze the third party's agreement as counterpoint of relativity of contracts. Such a principle indicates that a contractual relationship has its effects limited to the contracting parties, however, it is known that this principle must be relativized, suffice it to remember the contractual modalities in which there is a promise of fact of third party or even a provision in favor of a third party. The doctrine of the third accomplice teaches that a third party outside the contractual relationship can be held liable for its noncompliance when it has acted to promote noncompliance with the contract by one of the contractors taking advantage of this situation. By the research, it seems that the subject is not much discussed in the academic scene, reason for which there was this commitment in its study. In international law the doctrine of the third accomplice has been applied for quite some time. In international law the doctrine of the third accomplice has been applied for quite some time. In Brazil, this solidarity is evident in consumer relations, where all those who are part of the productive chain are held liable for the damage. In contractual relations based on the Civil Code, there is a positive nature of the matter in some cases, in other situations, however, it will depend on the part of the cunning to demonstrate the responsibility of a third party for the possible solicitation in the contractual relationship previously established by the original contracting parties. It is concluded that it is possible to invoke the liability of others for damages caused in the original contractual relationship, which is what basically defines the doctrine of the doctrine of third accomplice. For the elaboration of this scientific article, the inductive method was adopted, using the techniques of bibliographical references, book report, literary analysis, practice and jurisprudential.</p><p class="abstractCxSpLast"><strong>Keywords: </strong>Contracts. Relativity. Third accomplice.</p></div>

scholarly journals GLOSSARY TO THE JUDGMENT OF THE COURT OF JUSTISE OF THE EUROPEAN UNION C-638/16 X AND X V ÉTAT BELGE

2017 ◽  
Vol 29 (2) ◽  
pp. 121-133
Author(s):  
Aliaksei Shulha
Keyword(s):  
European Union ◽  
International Law ◽  
The European Union ◽  
Advocate General ◽  
Member States ◽  
International Protection ◽  
Court Of Justice ◽  
The Subject ◽  
Degrading Treatment

The subject of the glossary is to consider certain aspects concerning issuing of humanitarian visas . Its aim is to demonstrate the need for humanitarian visas in order to allow individuals to cross the external borders of the European Union in hopes of protection in one of its Member States . The prohibition of torture, inhuman or degrading treatment derives from the European Union and inter-national law . It confirms the importance of granting international protection to foreigners and accessibility to this procedure . This article is generally based on the Advocate General’s opinion and the judgment of the Court of Justice of the European Union in case C-638/16 X and X v État belge . It is also noted that the Court did not comply with the recommendations of the Advocate General . The arguments used in this article are to show that people in need of international protection should be able to apply for a humanitarian visa under European Union and international law

scholarly journals Obraz przestrzeni dowolnej według Gilles’a Deleuze’a

2019 ◽  
pp. 262-270
Author(s):  
Kamil Lipiński
Keyword(s):  
Second Language ◽  
Subject Matter ◽  
The Real ◽  
The Third ◽  
The Subject ◽  
Theater Performances ◽  
Post War ◽  
Time Image

The subject matter of the article is Gilles Deleuze’s considerations on the concept of “any-space whatever” and its application in the cinema and the theater. This space is an outcome of the sensorimotor crisis as the development of Henri Bergson’s conception of duration to determine the potential transformations of modern cinema in the post-war period. It is expressed by a potential singularity that finds its locus in pure optical and sound situations. This conception reveals the correlation between the real and virtual connections defined by a genetic sign which relies upon differentiation. As a space characterized by an affection – image is experienced from its inside to define both disjoint and empty spaces. Such affect often emerges in a range of colors to outline the places marked by emptiness. It is strictly associated with “geometrical” orientation actualizing itself via the qualisign. Thus, this article defines the space in terms of the circuit of virtuality and actuality in time-image which crystallizes both in the cinema and TV dramas of potential exhaustion of three languages in theater performances. Namely, the first one is disruptive and enumerative; the second language consists of voices and combinative flows and the third one reunites the previous ones as the language of images, sounds, and coloring which is a movement between words.

Habeas Corpus and the Normative Jurisprudence of International Law

2010 ◽  
Vol 23 (2) ◽  
pp. 291-310
Author(s):  
LARRY MAY
Keyword(s):  
International Law ◽  
International Criminal ◽  
International Criminal Law ◽  
Test Case ◽  
Habeas Corpus ◽  
Good Test ◽  
The Third ◽  
The Subject ◽  
The Right ◽  
Procedural Rights

AbstractIn this article I am interested in seeing what the normative jurisprudential support is for a minimalist version of habeas corpus in international law. I investigate what Fuller called ‘procedural natural law’ in contemporary international criminal law. In the first two sections I rehearse some of Hart's and Fuller's views as they pertain to the subject of international law and also to the inner morality of law. In the third section I set out some of my views on these matters, drawing on both Hart and Fuller, concerning the value of fundamental procedural rights. In the fourth section I discuss the right of habeas corpus as a good test case of how to think about these issues. In the final sections I expand on these remarks and argue that procedural rights need to be protected better in international law, if the latter is to have a claim to legitimacy as a mature legal system.

scholarly journals Regions (forms of territorial autonomy) in the theory of law and law history

2002 ◽  
pp. 97-126
Author(s):  
Milan Petrovic
Keyword(s):  
International Law ◽  
British Empire ◽  
Public Service ◽  
The State ◽  
Self Administration ◽  
The Third ◽  
The Social ◽  
The Subject ◽  
The Russian Empire ◽  
Theory Of Law

This discussion has two main parts: theoretical and empirical. The task of the first part is to determine the notion of the region as such (the problem not sufficiently cleared up so far). Namely, it is necessary to delimit the region both from the notion of local self-administration and from the notion of state. The region differs from local self-administration in possessing a qualitatively higher degree of authority, authority for the original regulation of legal relations, legislation in the material sense. The region differs from the state in the fact that the authority of the subject with statal (constitutional) authority in principle has above it only the social legal norm as the content of the joint (collective) legal act of a stronger part of the nation in a state. On the contrary, the region has to be subjugated to the constitutional authority of the state in whose borders it is located. There are two basic types of regions: the region as a state fragment and region as a public service. The former is similar to the state, because it has its own state organs (organs with their own authority of coercion), while the latter does not have such organs. Furthermore, regions could be comprehensively divided into non-incorporated autonomous territories, separate original parts of a state and the regions included into the regional state. This discussion accepts as politically most, relevant the division of regions into the regions within monarchies and the regions within republics. (Due to the spatial limitations the third category, regions under the regime of international law, could not have been included into the discussion). Naturally, this discussion could not have been comprehensive when it comes to regions, so it discussed only the most interesting examples. Thus as examples of the regions in monarchies, it presented dominions within the British Empire and Finland within the Russian Empire, and of the regions in republics, the regions in Italy.

Basic Elements of Diplomatic Protection of Citizens Abroad

1913 ◽  
Vol 7 (3) ◽  
pp. 497-520 ◽  
Author(s):  
Edwin M. Borchard
Keyword(s):  
International Law ◽  
Public Law ◽  
The State ◽  
Diplomatic Protection ◽  
Legal Position ◽  
The Subject ◽  
Preliminary Study ◽  
International Responsibility

The diplomatic protection of citizens abroad is a comparatively modern phenomenon in the evolution of the state, in constitutional and in international law. Not until the legal position of the state toward individuals, both its own citizens and aliens, and of states between themselves, had become clearly denned in modern public law, did diplomatic protection become a factor in international intercourse. A discussion of the subject therefore involves a preliminary study of three distinct legal relations, first, between the state and its own citizen; secondly, between the state and aliens resident within it; and, lastly, the relations of states among themselves with respect to their rights over and their international responsibility for delinquencies toward aliens.

The Protection of the Underwater Cultural Heritage

1996 ◽  
Vol 45 (4) ◽  
pp. 819-843 ◽  
Author(s):  
Janet Blake
Keyword(s):  
Cultural Heritage ◽  
International Law ◽  
Good Practice ◽  
Law Of The Sea ◽  
Underwater Cultural Heritage ◽  
International Maritime Organisation ◽  
International Convention ◽  
Draft Resolution ◽  
Draft Convention ◽  
The Subject

In November 1995 a draft resolution was presented to the 28th General Conference of UNESCO which, among other matters, dealt with the organisation's future activities in the field of the underwater cultural heritage.1 In conjunction with this resolution, the text of a draft Convention for the Protection of the Underwater Cultural Heritage prepared by the International Law Association (ILA) was presented to the General Conference as the possible basis for a new international convention on the subject.2 Annexed to this draft Convention text was the Charter for the Protection and Management of the Underwater Cultural Heritage prepared by the International Council of Monuments and Sites (ICOMOS)3 to accompany the ILA draft Convention and serve as a set of criteria of good practice to be applied by States parties to the Convention. The General Conference adopted the draft resolution without any change and this therefore forms the basis for future deliberations within UNESCO over this issue, the question whether to draft an international convention on the basis of the ILA draft text having been a central part of the deliberations. Subsequent to the adoption of the resolution, meetings have been held between UNESCO and various bodies with an interest in the issue (such as the International Maritime Organisation and the International Oceanographic Commission as well as the UN Law of the Sea office). Following these consultations, it was agreed to hold a joint meeting of representatives of these organisations with chosen experts in order to examine the ILA draft Convention along with any other material relevant to a new legal instrument for the protection of the underwater cultural heritage.

RECONHECIMENTO DO NAMORO COMO UNIÃO ESTÁVEL

2018 ◽  
Vol 7 (1) ◽  
pp. 46 ◽  
Author(s):  
Rafaela Borgo Koch Schlickmann ◽  
Geovana Da Conceição ◽  
Flávio Schlickmann
Keyword(s):  
International Law ◽  
Present Article ◽  
Literary Analysis ◽  
Third Party ◽  
Inductive Method ◽  
Scientific Article ◽  
The Third ◽  
Contractual Relationship ◽  
The Subject ◽  
Positive Nature

<p class="resumo">O presente artigo tem como objeto a análise da doutrina do terceiro cúmplice como um contraponto ao principio da relatividade dos contratos. Tal princípio indica que uma relação contratual tem seus efeitos limitados às partes contratantes, contudo, sabe-se que este princípio deve ser relativizado, basta para isso, recordar das modalidades contratuais em que há promessa de fato de terceiro ou mesmo uma disposição em favor de um terceiro. A doutrina do terceiro cúmplice demonstra que um terceiro alheio à relação contratual pode ser responsabilizado pelo seu descumprimento quando tiver agido no sentido de fomentar o descumprimento do contrato por parte de um dos contratantes aproveitando-se desta situação. Pela pesquisa, vê-se que a temática não é muito discutida no cenário acadêmico, razão pela qual houve este empenho em seu estudo. No Direito Iinternacional a doutrina do terceiro cúmplice vem sendo aplicada há bastante tempo. No Brasil percebe-se esta solidarização de forma bastante evidente nas relações consumeristas, onde todos aqueles que integram a cadeia produtiva são responsabilizados pelo dano. Nas relações contratuais alicerçadas pelo Código Civil há a positivação da matéria em alguns expedientes, em outras situações, contudo, dependerá da parte a astúcia de demonstrar a responsabilidade de um terceiro pelo possível aliciamento na relação contratual preteritamente estabelecida pelas partes originariamente contratantes. Conclui-se que é possível sim invocar a responsabilidade alheia por danos provocados na relação contratual original, que é o que basicamente define a doutrina do terceiro cúmplice. Para a elaboração deste artigo científico adotou-se o método indutivo, utilizando-se das técnicas do referente bibliográfico, fichamento, análise literária, prática e jurisprudencial.</p><p class="resumo"><strong>Palavras-chave: </strong>Contratos. Relatividade. Terceiro cúmplice.</p><h3>THE DOCTRINE OF THE THIRD ACCOMPLICE - CONTRIBUTING TO THE RELATIVITY OF CONTRACTS</h3><div><p class="abstractCxSpFirst"><strong>Abstract: </strong>The present article has as objective to analyze the third party's agreement as counterpoint of relativity of contracts. Such a principle indicates that a contractual relationship has its effects limited to the contracting parties, however, it is known that this principle must be relativized, suffice it to remember the contractual modalities in which there is a promise of fact of third party or even a provision in favor of a third party. The doctrine of the third accomplice teaches that a third party outside the contractual relationship can be held liable for its noncompliance when it has acted to promote noncompliance with the contract by one of the contractors taking advantage of this situation. By the research, it seems that the subject is not much discussed in the academic scene, reason for which there was this commitment in its study. In international law the doctrine of the third accomplice has been applied for quite some time. In international law the doctrine of the third accomplice has been applied for quite some time. In Brazil, this solidarity is evident in consumer relations, where all those who are part of the productive chain are held liable for the damage. In contractual relations based on the Civil Code, there is a positive nature of the matter in some cases, in other situations, however, it will depend on the part of the cunning to demonstrate the responsibility of a third party for the possible solicitation in the contractual relationship previously established by the original contracting parties. It is concluded that it is possible to invoke the liability of others for damages caused in the original contractual relationship, which is what basically defines the doctrine of the doctrine of third accomplice. For the elaboration of this scientific article, the inductive method was adopted, using the techniques of bibliographical references, book report, literary analysis, practice and jurisprudential.</p><p class="abstractCxSpLast"><strong>Keywords: </strong>Contracts. Relativity. Third accomplice.</p></div>

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