International Agreements: Recent U.S.-UK Practice Concerning the Memorandum of Understanding

1994 ◽  
Vol 88 (4) ◽  
pp. 821-826 ◽  
Author(s):  
John H. McNeill
Keyword(s):  
International Law ◽  
International Agreements ◽  
Classic Work ◽  
Legal Instrument ◽  
The Law

The memorandum of understanding (MOU) is a well-accepted type of legal instrument in international law and practice. Indeed, it was recognized as such by the British expert Lord McNair, who, in his classic work on the law of treaties, identified the MOU as “an informal but nevertheless legal agreement” between two or more parties.

POLICE DUTIES IN PROCEEDINGS CONCERNING FAMILY MATTERS OF MINORS UNDER SELECTED EU AND INTERNATIONAL LAW (WITH PARTICULAR REFERENCE TO CASES OF CHILD ABDUCTION)

2020 ◽  
Vol 138 (2) ◽  
pp. 109-120
Author(s):  
Anna Franusz
Keyword(s):  
European Union ◽  
International Law ◽  
Relevant Information ◽  
International Agreements ◽  
Central Authority ◽  
European Union Law ◽  
Child Abduction ◽  
The Law

The interests of children are of paramount importance, therefore it is sometimes necessary for the authorities to interfere in matters relating to their custody, when a child is likely to have been wrongfully removed or retained in breach of the rights of custody attributed to a person, an institution or any other body (child abduction). Therefore a number of international and European Union legal acts impose on national legislators the obligation to introduce mechanisms involving central authorities into cooperation with each other and promoting cooperation amongst the competent authorities in their respective states to make proper discoveries to secure the prompt return of children. For this purpose, the Law of 26 January 2018 on the exercise of certain acts of the central authority in family matters relating to legal transactions under European Union law and international agreements was adopted. Pursuant to its provisions, Police offi cers shall, by virtue of their specifi c powers, assist the central authority and the courts on matters relating to the abduction of minors abroad. Their role is mainly linked to providing the authorities with relevant information, assisting the probation offi cer, and searching the place where the minor is presumed to be living.

Belligerent Aircraft, Neutral Trade, and Unpreparedness

1935 ◽  
Vol 29 (2) ◽  
pp. 197-205
Author(s):  
Charles Warren
Keyword(s):  
International Law ◽  
International Agreements ◽  
Long Distance ◽  
International Lawyer ◽  
The Gift ◽  
The Law ◽  
The Times ◽  
Naval Officers ◽  
Industrial Economic

While a duty of preparedness for war is constantly urged upon American statesmen and upon military and naval officers, the fact is too often overlooked that there is also a duty of preparedness resting upon American statesmen, jurists, and legal authors to keep abreast of the times, or even in advance of the times, in connection with rights and duties affected by war. A prominent international lawyer has written that “as the flag of a nation follows the territorial explorations of its subjects, jurisprudence follows the path of science.” This broad statement must be qualified by the admission that jurisprudence only follows at a very long distance. Too rarely do statesmen and lawyers try to visualize changing industrial, economic, social, and governmental conditions, and to promote, in advance, needful corresponding changes in the law. Especially in connection with international law and international agreements is the gift of imagination lacking, the possession of which is necessary in order to attain preparedness in any field.

scholarly journals Problemas de Derecho Internacional Privado en la contratación de seguros: especial referencia a la reciente directiva (UE) 2016/97 sobre la distribución de seguros = Private International Law problems of the international insurance contracts: the newdirective (UE) 2016/1997 about distribution of insurance

2017 ◽  
Vol 9 (2) ◽  
pp. 39
Author(s):  
Hilda Aguilar Grieder
Keyword(s):  
European Union ◽  
International Law ◽  
Contract Law ◽  
International Agreements ◽  
Insurance Market ◽  
Private International Law ◽  
Insurance Contracts ◽  
Different Types ◽  
The Law ◽  
Conflict Of Law

Resumen: El presente estudio analiza uno de los sectores jurídicos más complejos de la contratación internacional: el de los seguros; en el cual existe una amplia variedad de contratos. En concreto, en el mercado asegurador se vislumbra una dispersión en el tratamiento, tanto de los problemas de competencia judicial internacional, como de los de Derecho aplicable. El tratamiento ante estos problemas depende, muy especialmente, del tipo de contrato de que se trate.Palabras clave: Unión Europea, Derecho Internacional Privado, contratos internacionales, contratación de seguros en el ámbito internacional.Abstract: This study analyses one of the most difficult problems of the international contract law: the law applicable to the insurance contracts and other contracts involve in the insurance market. In the insurance field there are different types of contracts, and the conflict of law rules and law applicable is different for each kind of contract. This led to a fragmentation of the conflict of law solutions relating to insurance.Keywords: European Union, Private International Law, international agreements, international insurance contracts

scholarly journals The Cyber Dialogue at the Crossroads: Why States Disagree on the Need for a New Cyber Treaty?

2021 ◽  
Vol 93 ◽  
pp. 02008
Author(s):  
Dmitry Krasikov ◽  
Nadezhda Lipkina
Keyword(s):  
International Law ◽  
Working Group ◽  
International Security ◽  
Legal Regulation ◽  
The State ◽  
Preliminary Results ◽  
Legal Instrument ◽  
Legal Uncertainty ◽  
The Law

As evidenced by the preliminary results of work of the UN Open-ended Working Group on developments in the field of information and telecommunications in the context of international security, currently the states have different views towards legal regulation of cyberspace. A number of states (mostly Western) argue that the existing international law sufficiently addresses the relationships in the area, and they call on all interesting parties to express their views on how the law is applied, while other states, like Russia, China and Venezuela claim that there is a legal vacuum as to the regulation of cyberspace and propose starting to globally negotiate a new binding legal instrument. This paper explores the reasons for the states to insist on their views on the need for a new cyber treaty and demonstrates that the respective disagreement between states cannot be explained neither by a global interest in maintaining the state of legal uncertainty about the proper sources or rules, nor by the lack of choice of the parties to the debate regarding the tools to address such uncertainty. The authors argue that the explanation lies in the correlation between corresponding substantive and instrumental stances of both sides of the debate, since the states’ preferences regarding the appropriate rules can be more fully and effectively implemented within the respective instrumental solutions and such solutions provide their adherers with more tools to control the processes of their implementation.

Lawyers Who Established International Law in the United States, 1776–1914

1982 ◽  
Vol 76 (4) ◽  
pp. 802-829
Author(s):  
John M. Raymond ◽  
Barbara J. Frischholz
Keyword(s):  
United States ◽  
International Law ◽  
The United States ◽  
International Agreements ◽  
Gradual Evolution ◽  
The Law

In the late 18th and 19th, and the early 20th centuries invaluable contributions were made by lawyers to the establishment of international law in the United States. Their contributions took various forms, but all helped establish, clarify, or disseminate understanding of this branch of the law. Because of the ways international law develops, these people ranged from statesmen who established practices and doctrines in the international field that ultimately became the law, to those who participated in the development of important treaties and international agreements; and from judges who rendered significant decisions on points of international law, to scholars and others who were responsible for the gradual evolution of education and literature in the field.

scholarly journals Peace Agreements as International Legal Acts Protecting National Minorities: The Scope Ratione Personae

2021 ◽  
Vol 26 (5) ◽  
pp. 75-89
Author(s):  
Vita Czepek ◽  
Elżbieta Karska
Keyword(s):  
International Law ◽  
International Agreements ◽  
Armed Conflicts ◽  
Vienna Convention ◽  
National Minorities ◽  
Peace Agreements ◽  
State Actors ◽  
The Law ◽  
Rules Set ◽  
Peace Treaties

Abstract The issue of the protection of national minorities is regulated by acts of international law, frequently arising from international agreements that have been concluded to end armed conflicts or to regulate directly their consequences. Peace treaties concluded between states are governed by the rules set out in the Vienna Convention on the Law of Treaties. More and more peace agreements are, however, concluded by non-state actors. As indicated in Article 3 of the Convention, it cannot be excluded that these too would be international agreements, having effects in the sphere of international law. Such acts are concluded, inter alia, by insurgents or belligerents. In some cases, agreements ending non-international armed conflicts are concluded by domestic entities that are not subjects of international law. Such acts may reflect solutions that have been adopted as standards in international practice and in the provisions of international law. These do not necessarily have to be legally binding standards. They can also be framework solutions, including measures relating to the protection of national minorities, which are formulated and offered as proposals for specific regulations.

BERLAKU DAN KEABSAHAN PERJANJIAN INTERNASIONAL DALAM PANDANGAN HUKUM INTERNASIONAL

2019 ◽  
Vol 1 (1) ◽  
pp. 95-103
Author(s):  
Komang Sukaniasa
Keyword(s):  
International Law ◽  
International Agreements ◽  
The State ◽  
International Agreement ◽  
International Treaties ◽  
International Treaty ◽  
Binding Force ◽  
International Rights ◽  
Legal Consequences ◽  
Made In

International agreements are agreements between international subjects that give rise to binding obligations in international rights, which can be bilateral or multilateral. Based on these opinions, an understanding can be taken that international treaties are agreements or agreements entered into by two or more countries as subjects of international law that aim to cause certain legal consequences. International agreements, whether ratified or through approval or acceptance or accession, or other methods that are permitted, have the same binding force as ratified international treaties established in the Ratification Law of International Treaties. Once again, it is equally valid and binding on the state. Therefore, the authors consider that the position of international treaties are not made in the form of the Ratification Act of the International Agreement but are binding and apply to Indonesia. Then Damos Dumoli Agusman argues that ratification originates from the conception of international treaty law which is interpreted as an act of confirmation from a country of the legal acts of its envoys or representatives who have signed an agreement as a sign of agreement to be bound by the agreement.

The New Terrain of International Law

2014 ◽  
Author(s):  
Karen J. Alter
Keyword(s):  
International Law ◽  
Case Studies ◽  
Domestic Politics ◽  
Political Influence ◽  
The Political ◽  
International Courts ◽  
Constitutional Review ◽  
Delegation Of Authority ◽  
The World ◽  
The Law

In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. This book charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The book presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, the book argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. The book explains how this limited power—the power to speak the law—translates into political influence, and it considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.

«Soft law» in the law of the Eurasian Ec onomic Union: place and possibility of challenging

2020 ◽  
Vol 9 ◽  
pp. 35-42
Author(s):  
P.P. Myslivsky ◽  
◽  
I.N. Shchurova
Keyword(s):  
International Law ◽  
International Organizations ◽  
Soft Law ◽  
Binding Force ◽  
Eurasian Economic Union ◽  
Economic Commission ◽  
Economic Union ◽  
The Law

In international law, there are sources that do not formally have binding force, but may indicate the emergence of the opinio juris of states, as well as emerging practice. The Eurasian Economic Union also issues acts that are not formally binding: they are adopted by the Eurasian Economic Commission in the form of recommendations. In addition, the Union takes into account the recommendatory acts of other international organizations. At present, the practice of the EAEU Court indicates that this body takes into account “soft law” in the course of argumentation, but proceeds from the impossibility of challenging acts that are recommendations of the EEC. The authors give ways to establish the possibility of challenging the EEC recommendations in the EAEU Court.

Sign in / Sign up

Export Citation Format

Share Document