A Case Study in the Soviet use of International Law: Eastern Poland in 1939

1958 ◽  
Vol 52 (1) ◽  
pp. 69-84 ◽  
Author(s):  
George Ginsburgs
Keyword(s):  
International Law ◽  
Western Ukraine

On September 17, 1939, Soviet troops crossed the Soviet-Polish frontier and, advancing rapidly, soon occupied the oft-disputed territory known at various times as Eastern Poland, Eastern Galicia, or Western Ukraine and Western Byelorussia.

scholarly journals Governmental human rights focal points in federal contexts: The implementation of the Istanbul convention in Switzerland as a case study

2021 ◽  
pp. 092405192110169
Author(s):  
Matthieu Niederhauser
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Focal Points ◽  
Human Rights Law ◽  
International Human Rights ◽  
Federal States ◽  
International Human

The implementation of international human rights law in federal States is an underexplored process. Subnational entities regularly enjoy a degree of sovereignty, which raises questions such as whether they implement obligations of international law and how the federal level may ensure that implementation takes place at the subnational level. This article aims to answer these questions, using the implementation of the Convention on Preventing and Combating Violence against Women and Domestic Violence (Convention) in Switzerland as a case study. To implement the Convention at the cantonal level, federal actors decided to use networks of civil servants in charge of domestic violence issues, who act as governmental human rights focal points (GHRFPs). This article is based on original empirical data, on 25 interviews with State officials who participate in this implementation. The findings show how complex GHRFPs networks work in practice to implement the Convention and highlight the role played by numerous non-legal State actors in this process. As a result, the article argues that international human rights law implementation becomes more diversified both within and across federal States.

Criminogenic Policy Antithetical to Peace Policy: A Case Study of NAFTA as a Violation of International Law

2020 ◽  
pp. 016059762093289
Author(s):  
Daniel Patten
Keyword(s):  
Human Rights ◽  
International Law ◽  
Free Trade Agreement ◽  
Trade Agreement ◽  
Negotiation Process ◽  
Study Analysis ◽  
Business Investment ◽  
Written Text ◽  
Case Study Analysis

Successful peace policy that enshrines human rights allows individuals to thrive economically, politically, and socially with minimal conflict. Building from literature on crimes of globalization, genocide, and human rights, the current research investigates the concept of a criminogenic policy that at its core is antithetical to peace policy. Using case study analysis, North American Free Trade Agreement (NAFTA) is found to be both criminal and criminogenic in violation of international law for two primary reasons. First, the NAFTA negotiation process was criminal and criminogenic for three interrelated reasons: (1) powerful elites heavily influenced the outcome, (2) it was undemocratic, and (3) the opposition was often repressed. Second, the NAFTA policy itself was criminal and criminogenic for two reasons: (1) NAFTA as a policy ignored all of the critical voices that predicted negative outcomes and (2) the written text of NAFTA is criminal for failing to include human rights protections while offering a litany of rights to protect business investment.

Dispute Settlement of Diplomatic Relation Reviewed In International Law (Case Study of Spionageburning Australia on The President of Indonesia)

2021 ◽  
Vol 1 (1) ◽  
Author(s):  
Muhammad Iqbal Baiquni
Keyword(s):  
International Relations ◽  
International Law ◽  
Dispute Settlement ◽  
Code Of Conduct ◽  
Qualitative Approach ◽  
Legal Research ◽  
Bilateral Relations ◽  
Final Settlement ◽  
First Time

<div><p class="abstract">The case of espionage or spying by Australia against Indonesia is not the first time, but there have been several attempts of espionage against Indonesia. This espionage act is an act of secretly collecting intelligence data in international relations in a country. In this paper, we discuss the wiretapping case and its resolution. This paper uses normative legal research with a qualitative approach. This paper examines the chronology of cases of tapping by Australia against Indonesia, wiretapping in human rights and international law, as well as the final settlement of tensions between Indonesia and Australia through an agreement on the Code of Conduct to normalize bilateral relations between the two countries.</p></div>

scholarly journals INTERNATIONAL ENVIRONMENT PROTECTION DURING ARMED CONFLICT CASE STUDY: ISRAEL-LEBANON CONFLICT

2008 ◽  
Vol 38 (1) ◽  
pp. 35
Author(s):  
Arie Afriansyah
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
Environment Protection ◽  
International Environment ◽  
State Liability

AbstrakDuring the last decade many armed conflicts were occurred between nationsor states. From that situation initially people just have interests throughhuman who been victim more than environment destructions that had beenaffected. Furthermore since those environment defects have influencedthrough human living then triggered awareness toward worst effect of thewar. The author by this article does configure how by conflict between Israeland Lebanon (Hezbollah) have shaped bad affects not only to local but alsoregionally through the environment. Under that elaboration then willexamine how to resolve the conflict under international law and also toascertain state liability through environment destruction what was ensued

scholarly journals Konflik Antar Negara Berdasarkan Hukum Internasional

2019 ◽  
Vol 21 (1) ◽  
pp. 159-172
Author(s):  
Vera Yanti Artega ◽  
Adwani Adwani ◽  
Sanusi Bintang
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
Code Of Conduct ◽  
Legal Protection ◽  
Legal Research ◽  
Conceptual Approach ◽  
Peaceful Settlement ◽  
Cross Country ◽  
Inter State

Penelitian ini bertujuan untuk menjelaskan perlindungan hukum internasional terhadap negara yang disadap secara melawan hukum oleh negara lain dan menjelaskan metode penyelesaian sengketa yang dilakukan Indonesia dalam  menyelesaikan konflik antar negara akibat penyadapan yang dilakukan Australia terhadap Indonesia Tahun 2013. Penelitian ini menggunakan jenis metode penelitian hukum yuridis normatif. Hasil penelitian menunjukkan bahwa hukum internasional belum memberikan perlindungan yang cukup kepada negara yang disadap oleh negara lain. Adapun metode penyelesaian sengketa yang digunakan Indonesia dalam menyelesaikan kasus penyadapan dengan Australia adalah penyelesaian sengketa internasional secara damai melalui cara negosiasi. Oleh karena itu, peraturan mengenai penyadapan lintas negara harus segera dibentuk, sehingga perlindungan hukum terhadap negara yang disadap bisa dilakukan. Serta kedua negara harus membentuk code of conduct. Inter-State Conflict Under International Law International relation between two countries at some time could evoke problems which are caused by the cheating action of one party, such as interception resulting in conflict between them. This study aims to explain the protection of international law against countries that are illegally intercepted by other countries and explain the method of dispute settlement conducted by Indonesia in resolving inter-state conflicts resulting from Australian interception to Indonesia in 2013. This study uses a normative-juridical legal research method, by using legislation, case study , and conceptual approach with library data sources. The result shows that international law has not provided sufficient protection to countries intercepted or tapped by other countries. The method of dispute resolution used by Indonesia in solving wiretapping case with Australia is the peaceful settlement of international disputes through negotiation. Therefore, regulations concerning cross-country intercepting must be established immediately, thus legal protection of the tapped countries could be proceeded, and the two countries must establish a code of conduct.

scholarly journals “International arbitration in investment disputes” case study of Egypt

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Sabah Ahmd Farag
Keyword(s):  
International Law ◽  
Legal Framework ◽  
Investment Climate ◽  
International Arbitration ◽  
Content Type ◽  
Investment Promotion ◽  
Arbitration Process ◽  
Peaceful Settlement ◽  
The Subject

Purpose This theme will be addressed through main points: Special Nature of Investment Disputes and its methods of peaceful settlement. International legal framework governing Arbitration in investment disputes: A. Multilateral legal framework. B. Bilateral legal framework/Investment promotion and protection agreementsTypes of arbitration in investment disputes. The Egyptian experience in investment disputes arbitration. The National legal framework. Egypt on the map of investment disputes in the world. A case study. Conclusion: Results related to the legal framework regulating investment disputes in Egypt. Results related to The arbitration cases against Egypt. Design/methodology/approach The researcher investigates the subject of international arbitration in investment disputes in the framework of voluntary theory, which is based on the premise that the satisfaction of people who are addressing the international legal norm is the basis of the same rule. In other words, the basis of international law is based on the satisfaction of the State and other international legal persons Both, and then express or implied consent. Findings Despite the availability of domestic and regional arbitration mechanisms in Egypt represented by a large number of cases. Research limitations/implications The theme for the study primarily on Egypt and the international arbitration of investment disputes, through theoretical and practical study of disputes arbitration which Egypt is a party defendant in which to focus on what was issued in which the provisions of the International Center for Settlement of Investment Disputes, in an attempt to find out the reasons for the verdicts image released it, where it came mostly against Egypt, and whether these judgments against them in investment disputes due to reasons related to the legal framework of the arbitration process, or for reasons of bodies of arbitration issued by those provisions, or to the defense, which represents the Egyptian party, or to the circumstances Economic and political (which represents the investment climate). Originality/value The proposed solutions to improve the conditions and factors surrounding the arbitration disputes that Egypt is waging against foreign investors, whether they are initially alleged or accused of drafting agreements and contracts, through amending the relevant legislation and laws, selecting arbitration bodies and defense bodies.

scholarly journals Transnational Localism: Empowerment through Standard Setting in Small-Scale Fisheries

2019 ◽  
Vol 8 (1) ◽  
pp. 143-165 ◽  
Author(s):  
Jerneja Penca
Keyword(s):  
International Law ◽  
Market Access ◽  
Political Influence ◽  
Small Scale ◽  
Fisheries Governance ◽  
Small Scale Fisheries ◽  
Transnational Law ◽  
Marine Stewardship Council ◽  
Technical Rules

AbstractIn order to advance both the mapping and theorizing of transnational law, this article considers a range of tactics used by small-scale fisheries (SSFs) in Europe and North America to improve market access, political influence, and legal recognition. Transnational law enables the framing of initiatives not only as implementation practices that occur as a result of international law, but also as transnational regulation in support of SSFs. The article uses the case study of SSFs to draw attention to the rise of ‘transnational localism’. This is defined as the reinforcement of local-specific approaches (reflecting local ecologies, values, and socio-economic specificities) within a transnational structure that provides support and recognition. It offers an alternative to the view that globalization necessitates global, uniform regulatory solutions. Transnational localism challenges the fascination with large certification schemes such as that administered by the Marine Stewardship Council (MSC) in fisheries governance. It implies a need to reconcile transnational challenges with heterogeneous values and community approaches. To capture the simultaneous demand for the local and transnational within transnational law, this article proposes treating the described empowerment tactics within the scope of transnational standards. This requires a rethinking of standards away from fixed technical rules that are uniformly applicable across the globe.

JUST WAR IN THEORY AND PRACTICE: THE LEGITIMATION OF SWEDISH INTERVENTION IN THE THIRTY YEARS WAR

2002 ◽  
Vol 45 (3) ◽  
pp. 499-523 ◽  
Author(s):  
PÄRTEL PIIRIMÄE
Keyword(s):  
Seventeenth Century ◽  
International Law ◽  
Just War ◽  
Humanitarian Intervention ◽  
Theory And Practice ◽  
Normative Language ◽  
Argumentative Strategy ◽  
Police Action

This article attempts to establish a connection between the practical legitimation of war and the theories of international law, examining Sweden's efforts to justify her intervention in the Thirty Years War in 1630. Swedish argumentative strategy is analysed in the light of two major traditions of thinking about war: theological and humanist ‘just war’ traditions. The article argues that Swedish leaders did not appeal to the more belligerent humanist arguments which would have enabled them to describe their campaign as a just war either on the grounds of pre-emptive defence or humanitarian intervention. Instead, they tried to interpret it as being within the limits set by the more restrictive theological tradition. This strategy eventually forced them to relinquish attempts to present their intervention as a genuine war and to develop an argument of ‘police-action’, even though it resulted in a loss of credibility. The case study suggests that in the early seventeenth century the prevailing normative language of just war was that of the theologians.

Coupling hydrogeological with surface runoff model in a Poltva case study in Western Ukraine

2011 ◽  
Vol 65 (5) ◽  
pp. 1439-1457 ◽  
Author(s):  
Jens-Olaf Delfs ◽  
Frank Blumensaat ◽  
Wenqing Wang ◽  
Peter Krebs ◽  
Olaf Kolditz
Keyword(s):  
Surface Runoff ◽  
Western Ukraine ◽  
Runoff Model
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