A Consideration of the Legal Status of the Gulf of Aqaba

1958 ◽  
Vol 52 (4) ◽  
pp. 660-698 ◽  
Author(s):  
Charles B. Selak
Keyword(s):  
International Law ◽  
Red Sea ◽  
Legal Status ◽  
Water Area ◽  
International Community ◽  
Gulf Of Aqaba ◽  
Religious Significance ◽  
Basic Issue ◽  
The Status ◽  
Freedom Of Navigation

The status under international law of the Gulf of Aqaba has come to be a matter of concern not only to the several littoral states, but also to the international community. The basic issue, that of freedom of navigation in this arm of the Red Sea, has been brought into focus as a result of restrictive efforts of several of the coastal states with respect to Israeli shipping, for Arab-Israeli hostility has given political, strategic, commercial and even religious significance to a water area which, until recently, had attracted little attention.

Amphimedon species (Porifera: Niphatidae) from the Gulf of Aqaba, Northern Red Sea: Filling the gaps in the distribution of a common pantropical genus

Zootaxa ◽  
2005 ◽  
Vol 859 (1) ◽  
pp. 1 ◽  
Author(s):  
TAMER HELMY ◽  
ROB W.M. VAN SOEST
Keyword(s):  
New Species ◽  
Indian Ocean ◽  
Red Sea ◽  
Gulf Of Aqaba ◽  
The Status ◽  
Three New Species ◽  
First Time ◽  
Northern Red Sea

Amphimedon (Porifera, Demospongiae, Haplosclerida, Niphatidae), a pantropical genus of reef and mangrove sponges, was recently recorded for the first time from the Red Sea suggesting a rarity which is not sustained by new reef surveys in the Gulf of Aqaba. Here we describe four species of Amphimedon occurring commonly in the Gulf of Aqaba. Among these, three are new to science, A. dinae sp.nov., A. jalae sp.nov. and A. hamadai sp.nov., the fourth one has been recently described as A. chloros Ilan et al., 2004. Although the latter species and our three new species are the first definite Ampimedon species recorded from the Red Sea, at least one previously described sponge from the region, Ceraochalina ochracea Keller, 1889 is suspected to belong to this genus as well. The status of the described and suspected Red Sea Amphimedon is discussed and compared to species recorded from neighbouring Indian Ocean waters.

The Geneva Conference on the Law of the Sea and the Right of Innocent Passage through the Gulf of Aqaba

1959 ◽  
Vol 53 (3) ◽  
pp. 564-594 ◽  
Author(s):  
Leo Gross
Keyword(s):  
International Law ◽  
Legal Status ◽  
Law Of The Sea ◽  
Gulf Of Aqaba ◽  
General Assembly ◽  
The Law ◽  
The Right ◽  
Geneva Conference ◽  
International Law Commission ◽  
Law Commission

Since the United Nations Emergency Force moved in and occupied the heights overlooking the Straits of Tiran, the Gulf of Aqaba has been quiet. Ships, including Israel flag ships, move freely in and out. The right of passage claimed by Israel and other states was discussed in the Security Council in 1954, in the International Law Commission in 1956, in the General Assembly in 1956-57, and again at the Geneva Conference on the Law of the Sea February 24-April 27, 1958, and will be analyzed here. It should be stated at the outset that Israel's boundaries, including the strip at the northern end of the Gulf of Aqaba, are not an issue here. Nor is the Arab claim that a state of war continues to exist pertinent in determining the legal status of the Gulf and the Straits, although it obviously has some bearing on the availability to Israel of the right of “innocent” passage.

The Status of Non-Implemented EEA Law in Iceland: Lessons from the Judicial Reactions of the Supreme Court to International Law

2011 ◽  
Vol 80 (4) ◽  
pp. 425-458
Author(s):  
Ólafur Ísberg Hannesson
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Direct Effect ◽  
Legal Status ◽  
European Convention ◽  
Trade Association ◽  
European Economic Area ◽  
European Free Trade Association ◽  
The Supreme Court ◽  
The Status

AbstractIn October 2007, the European Free Trade Association (EFTA) Court confirmed that the doctrines of direct effect and primacy could not be generated by the European Economic Area (EEA) Agreement alone. Rather, the effects of non-implemented EEA provisions were to remain in the hands of the EFTA States. Hence, the relevant question is what weight should be accorded to such norms in domestic law? The Icelandic Supreme Court has yet to take a stance on the direct effect question relation to incorrectly or insufficiently transposed EEA law. The issue has, however, been addressed several times in connection with the European Convention on Human Rights, before its incorporation. In order to address the unclear legal status of EEA norms in Icelandic law, this contribution takes a closer look at the judicial attitude of the Supreme Court taken towards international law in general and the Convention in particular. The perceived differences between EEA law and the Convention have made it easy for observers to dismiss such comparison on the grounds that the two kinds of legal regime are not readily comparable. The article questions these apparent differences by pointing out that EEA law in fact shares all of the features of the Convention that led judges to enforce it in the Icelandic legal order.

The Status of Outer Mongolia in International Law

1939 ◽  
Vol 33 (3) ◽  
pp. 452-464 ◽  
Author(s):  
Louis Nemzer
Keyword(s):  
International Law ◽  
Legal Status ◽  
Effective Control ◽  
Central Authority ◽  
Half Century ◽  
Spheres Of Influence ◽  
Legal Relationship ◽  
The Status ◽  
Far Eastern

The steady decline during the last half-century in the degree of effective control wielded by China over the borderlands of her great empire has been accompanied by widespread confusion concerning the international position of these areas. Obscured through the establishment by foreign nations of numerous special concessions, spheres of influence, and protectorates, the exact legal relationship existing between the central authority of China and the governors of these territories has been a cause for frequent and vigorous debate. Those groups which have sought to advance the claims of their governments to wider concessions in these regions, and those publicists who have made unsubstantiated statements about the imperialistic aims of various states in these areas, have profited by this confusion. This condition of uncertainty regarding legal status, which exists in some degree with regard to each of the four Chinese dependencies, is markedly present in the case of Outer Mongolia, a region of growing importance in Far Eastern affairs.

scholarly journals The Northern Sea Route: Problems of National Status Legitimization under International Law. Part II

2020 ◽  
pp. 130-147
Author(s):  
Pavel GUDEV ◽  
Keyword(s):  
International Law ◽  
Legal Status ◽  
The Arctic ◽  
Northern Sea Route ◽  
The Status ◽  
Ice Conditions ◽  
Legal Position ◽  
The Russian Federation ◽  
Broad Interpretation ◽  
Legal Grounds

The second part of the paper shows that the regime of navigation in the Arctic, particularly on the NSR, defended by Russia today, is much more liberal than that which existed in the Soviet years: up to the Gorbachev’s 1987 Murmansk speech the Soviet Arctic was a closed sea region for foreign navigation. Per-missive order of passage established today at the level of Russian national legislation applies only to civil ships, and in the framework of the 1982 Convention, measures to protect the marine environment from pollution from ships cannot be applied to warships, military auxiliary ships, and ships on the state non-commercial service. However, the presence on the Northern Sea routes of water areas with the status of internal historical waters, including several Arctic straits, plus the special legal status of the Arctic, which is not limited exclusively to the 1982 Convention, allows Russia to insist on the applicability of the permit regime also to foreign warships. This approach is based mainly on the two states’ practice with the longest coastline in the Arctic: the USSR and Canada. Navigation along the NSR in today’s ice conditions is not yet possible without passing through the waters of the Russian Arctic Straits, whose waters are classified by the USSR as internal on historical legal grounds. Although under the 1982 Convention, they can be conditionally regarded as international, the lack of permanent transit through them makes it possible not to recognize them as such. However, the Russian Federation’s task to turn the NSR into an international shipping route may lead to a weakening of the current legal position. A similar situation may arise concerning the enforcement of Article 234 “Ice Covered Areas” of the 1982 Convention, which gives the Arctic countries additional rights in the field of navigation control. Lack of ice cover in the Arctic during most of the year can significantly strengthen the position of Russia’s opponents, who insist on a too broad interpretation of this article on our part. Finally, climatic changes may lead to the NSR becoming more latitudinal, and then the Russian Federation will lose any legal grounds to regulate navigation.

scholarly journals The Arab Woman's Legal Situation and CEDAW

1970 ◽  
pp. 35-36
Author(s):  
Farida Banani
Keyword(s):  
Legal Status ◽  
International Community ◽  
Arab Countries ◽  
Social Rights ◽  
Men And Women ◽  
Arab Woman ◽  
Legal Situation ◽  
The Status

Through signing CEDAW, the international community acknowledged woman's dignity and recognized her rights. In the name of Islam, however, many Arab countries refrained from signing CEDAW, and even those countries which signed it attached to it a number of reservations. In the name of Islam, the principle of equality between men and women in regard to civil, economic and social rights is considered a western and foreign import. This supposed incompatibility lead Dr. Banani to present a comparison between the present legal status of the Arab woman and the status to which CEDAW ideally aims.

scholarly journals REGULATING THE ACTIVITIES OF TRANSNATIONAL CORPORATIONS: EVOLUTION OF PRIORITIES

2021 ◽  
Vol 117 (4) ◽  
pp. 4-16
Author(s):  
HONCHAROVA Yuliia ◽  
UDOVENKO Maksym
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Status ◽  
Multinational Enterprise ◽  
Transnational Corporations ◽  
Transnational Corporation ◽  
Legal Regulation ◽  
International Community ◽  
Special Focus ◽  
The Subject

Background. The legal status of TNCs in international law has become a separate topic of scientific discussions, which, among other things, concerned the influence of TNCs on the sovereignty of states. Digitalization, globalization and modern imperatives of formation of global value chains actualize the subject of relations between the international community and TNCs, which requires retrospective analysis, separation and substantiation of certain stages of formation of such relations. An analysis of recent research and publications has revealed that a comprehensive analysis of the evolution of international legal regulation of TNCs through the prism of the priorities of the international community has not been conducted, which determines the relevance of the study. The aim of the article is to analyze the genesis of the relationship between TNCs and the international community through the prism of the priorities of the international community at certain historical stages. Materials and methods. The normative basis of the study were UN documents, decisions of the UN International Court of Justice. The methodological basis of the study is general scientific and special legal methods of cognition. Results. The existing definitions of the terms «transnational corporation», «multinational enterprise», «multinational corporation», «global corporation», «group of multinational companies» in various documents of international law are considered. The genesis of the formation of international legal norms on the activities of transnational corporations is analyzed, the priorities of the international community in certain historical periods are highlighted. Key tasks for regulating the activities of transnational corporations are forecasted. Conclusion. The phenomenon of TNCs remains one of the imperatives in the development of international law and the subject of activity of international governmental and non-governmental organizations. It is established that the priorities of the international community are gradually changing in the direction of complexity - from the purely socio-economic situation in developing countries to the role of TNCs in achieving the Sustainable Development Goals, with special focus on protection of human rights in the activities of TNCs. Keywords: transnational corporation, human rights, United Nations, corporate responsibility.

scholarly journals Evolution of Individual Status in International Law

2018 ◽  
Vol 11 (4) ◽  
pp. 116
Author(s):  
Sayel Mofleh Momani ◽  
Maher Saleh Al-Jubouri ◽  
Noor Akef Al-Dabbas
Keyword(s):  
International Law ◽  
Legal System ◽  
Legal Status ◽  
Legal Person ◽  
Legal Personality ◽  
The Status ◽  
International Legal Order ◽  
The Individual ◽  
The Right ◽  
The Relationship

Each legal system has individuals who are addressed with its rules and that the legal rules of the legal system are designed to regulate the relationship between these individuals, and one individual can have legal personality in more than one legal system. The legal personality of these individuals is highlighted by the relationship between them and the legal system in which arranges for them rights and impose obligations on them. The rights and duties of a legal person are not the same; they vary from person to person within the same legal system, and vary from one legal system to another. With regard to the international legal order, it has its own international legal persons, foremost among them States. As for the individual, his legal status under general international law is still not clearly defined and is a subject of controversy among the jurists and interpreters of international law. We will present the position of international jurisprudence on the status of the individual in the first demand, the rules of international law that address individuals directly in a second demand, and the right to submit complaints and claims at the international level in a third demand.

The Democratizing Force of International Law

2018 ◽  
Author(s):  
Neha Jain
Keyword(s):  
Supreme Court ◽  
International Law ◽  
International Community ◽  
The State ◽  
Constitutional Rights ◽  
Legal Norms ◽  
The Supreme Court ◽  
The Status ◽  
Indian Supreme Court

This chapter argues that international law has served as a useful tool for the Indian Supreme Court in fulfilling aims that have little to do with the court’s purported status as an organ of the international community. Rather, the Supreme Court has appropriated international legal norms to pursue primarily domestic goals. This chapter proceeds as follows. Section II gives an overview of the status of international law in the Indian constitutional scheme. Section III analyzes the creative uses of international law by the Indian Supreme Court to fill in and add to the content of constitutional rights and guarantees, enabling its encroachment into domains that are normally the prerogative of the legislature and the executive. Section IV puts forward a possible explanation for this appropriation of international legal norms and suggests that international law has performed a legitimizing function in the Supreme Court’s articulation of its vision of the state.

5 Customary International Law

2020 ◽  
Author(s):  
Bradley Curtis A
Keyword(s):  
International Law ◽  
Legal System ◽  
Legal Status ◽  
Common Law ◽  
State Law ◽  
Customary International Law ◽  
Executive Authority ◽  
Law Of Nations ◽  
The Status ◽  
The U.S

This chapter considers the status in the U.S. legal system of customary international law, which was historically referred to as part of the “law of nations.” After considering what the text of the Constitution suggests about this issue, the chapter discusses how courts historically applied customary international law in cases in which it was relevant and how courts referred to it (in cases such as The Paquete Habana) as “part of our law.” The chapter also recounts the modern debates and uncertainties about the current domestic legal status of customary international law. In particular, the chapter explores the possibility that customary international law might have the status of post-Erie “federal common law” and what such a status might mean for questions of jurisdiction, preemption of state law, and limitations on congressional and executive authority. It also discusses various ways in which customary international law can be important in the U.S. legal system even if it is not applied directly by the courts, such as through the Charming Betsy canon of construction. The chapter concludes by discussing controversies concerning the Supreme Court’s consideration of foreign and international law materials when interpreting the U.S. Constitution.

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