scholarly journals Criminal Legislative Policy in the Protection of Water Resources with Regard to International Treaties: A case for Iranian Legal System

2021 ◽  
Vol 1 (1) ◽  
pp. 67-79
Author(s):  
Nima Norouzi ◽  
Muhammad Sheikhi ◽  
Heshmat-Ullah khanmohammadi ◽  
Mahmood Jafari ◽  
Soheila Kalantari ◽  
...  
Keyword(s):  
Water Resources ◽  
Legal System ◽  
International Treaties ◽  
Legislative Policy

Is the Infringement of a Treaty a Fault?

2020 ◽  
Vol 11 (1) ◽  
pp. 37-56
Author(s):  
Françoise Auvray
Keyword(s):  
Direct Effect ◽  
Legal System ◽  
Legal Order ◽  
International Treaties ◽  
Public Authorities ◽  
International Treaty ◽  
National Legal System ◽  
Tort System ◽  
State Liability

AbstractThis contribution deals with the wrongful behaviour of public authorities, in this case in particular the Belgian State, and delves into a challenge that the multi-levelled legal order poses for the national tort system. It inquires how the violation of an international treaty relates to liability in the national legal system. More specifically, the author examines if it is necessary, when dealing with state liability, to limit the concept of fault to the infringements of international treaties with direct effect, excluding the violation of those without such effect.

International Law within the Israel Legal System

1990 ◽  
Vol 24 (3-4) ◽  
pp. 451-484 ◽  
Author(s):  
Ruth Lapidoth
Keyword(s):  
International Law ◽  
International Organizations ◽  
Legal System ◽  
The State ◽  
Laws Of War ◽  
International Treaties ◽  
The Status ◽  
The Military ◽  
State Of Israel ◽  
High Seas

Since the establishment of the State and up to the present day, Israeli law has had to deal with a great number of various problems in the field of international law, e.g. whether the State of Israel is a successor to the obligations of the Mandatory government; the jurisdiction of the Israeli courts with regard to offences committed in demilitarized zones or beyond the State's boundaries (on the high seas or abroad); the immunity of foreign states and their representatives from the jurisdiction of Israeli courts and from measures of execution; the status of international organizations and of their employees; the effect and implications of official acts performed within the territory of a state which is at war with Israel; the effect of international treaties in Israel; the question whether the Eastern neighbourhoods of Jerusalem are part of Israel; various issues concerning extradition, and of course, many questions regarding the laws of war: the powers of the military governor, and in particular his power to expropriate land in the territories under Israeli control and to expel residents from the territories, the extent of his legislative powers, etc.

الأحكام الإجرائية والموضوعية لانضمام فلسطين للمعاهدات الدولية

2018 ◽  
Vol 3 (2) ◽  
pp. 1-13
Author(s):  
Ahmed A. A. Shehab ◽  
Nurazmallail Marni
Keyword(s):  
Legal System ◽  
Comparative Method ◽  
Competent Authority ◽  
The State ◽  
International Treaties ◽  
International Treaty ◽  
Historical Method ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
National Constitution

The international treaties are among the most important sources of international law. Recent years have witnessed an exaggerated interest by the international community in the development of the international legal system through the legislation of treaties and the implementation of international commissions, bodies and non-governmental organizations. The State is no longer bound by the national Constitution and domestic legislations, but also by a series of international treaties and their obligations and responsibilities at the international and national levels. In order to ensure the validity of these procedures, the treaty requires the parties to regulate procedures for the accession to treaties within the national legal system and to determine the legal value of the international treaty in national law and the mechanism of integration and harmonization, whether by an independent law or by texting in the Constitution on the validity of the signing of treaties and its ratification. There is no doubt that the legal position in the Palestinian legislation is unclear regarding the procedural and substantive provisions of international treaties and their application in the legal system, compared to other laws that deal strictly with the legal organization of international treaties. This study aims at separating the procedural and substantive provisions of the accession to international treaties and their applications in the State of Palestine including the identification of the competent authority to sign the Convention, the mechanism for its ratification and the legal value accorded to the international treaty in Palestinian legislation by using the analytical descriptive method, the historical method, and the comparative method. تعد المعاهدات الدولية من أهم مصادر القانون الدولي، ولقد شهدت السنوات الأخيرة اهتماما مبالغا من المجتمع الدولي في تطوير المنظومة القانونية الدولية، من خلال تشريع المعاهدات وإعمال اللجان والهيئات الدولية، والمنظمات غير الحكومية، ولم تعد بذلك الدولة ملزمة بالدستور الوطني والتشريعات الداخلية فحسب، بل بمجموعة من المعاهدات الدولية أيضا،ً وما يترتب عليها من واجبات والتزامات ومسؤوليات على الصعيد الدولي والوطني. ولضمان صحة هذه الإجراءات توجب المعاهدة على الأطراف تنظيم إجراءات الانضمام المعاهدات ضمن المنظومة القانونية الوطنية وتحديد القيمة القانون للمعاهدة الدولية في القانون الوطني وآلية الإدماج والمواءمة، س واء بإصدار قانونٍ مستقل، أو النص في الدستور على صلاحية عقد المعاهدات والتوقيع والتصديق عليها. ولا شك أن الموقف القانوني في التشريع الفلسطيني يتسم بعدم الوضوح فيما يتعلق بالأحكام الإجرائية والموضوعية بإبرام المعاهدات الدولية وتطبيقها في النظام القانوني، مقارنة بقوانين أخرى تتناول بدقة التنظيم القانوني لإبرام المعاهدات الدولية، وتهدف هذه الدراسة لبيان الأحكام الإجرائية والموضوعية للانضمام للمعاهدات الدولية، وتطبيقاتها في دولة فلسطين بما يشمل تحديد السلطة المختصة بالتوقيع على الاتفاقية، وآلية التصديق عليها، والقيمة القانونية الممنوحة للمعاهدة الدولية في التشريعات الفلسطينية. وذلك باستخدام المنهج الوصفي التحليلي، والمنهج التاريخي، والمنهج المقارن.

Non-EU Legal Instruments (EFSF, ESM, AND Fiscal Compact)

2020 ◽  
Author(s):  
Francesco Martucci
Keyword(s):  
European Union ◽  
Legal System ◽  
Eu Law ◽  
The European Union ◽  
International Treaties ◽  
Fiscal Discipline ◽  
Member States ◽  
The United Kingdom ◽  
Fiscal Compact ◽  
Angela Merkel

‘Another Legal Monster?’ That was the question asked by the Law Department of the European University Institute on 16 February 2012 in a debate about the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union (TSCG), also known as the Fiscal Compact Treaty. On 2 March 2012, twenty-five Member States of the European Union minus the United Kingdom and the Czech Republic signed the TSCG. A month before, on 2 February 2012, the euro area Member States signed the Treaty Establishing the European Stability Mechanism (ESM Treaty), another legal monster. In both cases, the monstrosity lies in the fact that Member States have preferred to conclude an international treaty, rather than to use the European Union (EU) institutional system. Why did the European Commission not propose a legislative act to establish a financial assistance mechanism in the Eurozone and strengthen the fiscal discipline in the EU? Does this mean the end of community method and a victory for the intergovernmental method? As Herman Van Rompuy commented about the crisis; ‘often the choice is not between the community method and the intergovernmental method, but between a co-ordinated European position and nothing at all’. In 2010, Angela Merkel defended her vision of a new ‘Union Method’ in a speech held at the College of Europe. This approach can be defined by the following description: ‘co-ordinated action in a spirit of solidarity–each of us in the area for which we are responsible but all working towards the same goal’. Each of us means the European institutions and Member States. The new ‘Euro-international’ treaties (or inter se treaties) raise a number of questions regarding their compatibility with EU law, implications for the Union legal system, institutional balance, national sovereignty and democratic accountability. These questions are all the more important because international treaties raise a number of questions on their compatibility with EU law, implications for the Union legal system and institutional balance.

scholarly journals The Principle of Protecting the Best Interests of the Child in Shia Jurisprudence and Iran’s Legal System with Emphasis on Custody (New Understanding of a Traditional Legal Concept)

2019 ◽  
Vol 6 (1-2) ◽  
pp. 67-82
Author(s):  
Seyed Masoud Noori ◽  
Maryamossadat Torabi
Keyword(s):  
Legal System ◽  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
International Treaties ◽  
Best Interest ◽  
Legal Concept ◽  
Rights Of The Child ◽  
The Family ◽  
Made In

In this article, children’s rights will be studied in the Iranian legal system with remarks on its references in the Shia Jurisprudence. One of the main issues regarding children, is their guardianship, custody or tutorship. The Iranian legal system, same as the Shia Jurisprudence, has always kept the best Interest of the child as an essential ground for law making. Referring to court decisions; it is evident that control of the guardianship on the child is limited by the best interests of the child, because this interests is what we are sure to understand from the reason of custody of the child and that this system is designed only to secure child’s best interests since he/she might be incapable to secure his/her interests alone. The Iranian legal system, especially in the family law section is based on the Islamic rules. The main documents in the Shia Jurisprudence in Islam are Quran, Hadith, Consensus and reasoning which will be defined herein. In addition, a more recent review will be made in this study regarding the ratified laws regarding children’s rights and international treaties and conventions while focusing on the Convention on the Rights of the Child even though, Iran joined this convention by having several reservations.

scholarly journals The Reconstruction of Energy Management Law Based on Indonesia Legal System

FIAT JUSTISIA ◽  
2018 ◽  
Vol 12 (1) ◽  
pp. 32
Author(s):  
Sulaiman Sulaiman ◽  
Ade Arif Firmansyah
Keyword(s):  
Water Resources ◽  
Natural Resources ◽  
Energy Management ◽  
Legal System ◽  
Energy Sector ◽  
The State ◽  
Philosophical Orientation ◽  
The People ◽  
Legal Nature

Two things become an important part of studies in Indonesian law related to energy management. The first, related to the management of natural resources. Second, the energy sector is also related to other sectors, that is forestry, water resources, marine and fisheries, agriculture and plantations, as well as land. Ideally, all of the energy management law must reflect the state ideology, as natural resources energy must be managed for the greater prosperity of the people. Energy should not be administered arbitrarily because, in addition to the utilization, the existence of natural resources should not be separated from the philosophical orientation of Indonesian legislation, Pancasila, and The 1945 Constitution. However, the reality of energy legislation indicates of the authority competes between sectors and alignments to society which is not optimal. It is due to the legal nature of the energy sector which is liberal and still-exploitation oriented and pro-capitalist. By using a socio-legal approach, this paper describes the reconstruction of law-oriented to the Indonesian legal system in energy management based on Pancasila and the 1945 Constitution as the foundation and soul of the energy sector law. Keywords: Reconstruction of Law, Energy Management, the Indonesian Legal System.

scholarly journals Transfer of Risk of Loss in Turkish Law and International Treaties

2020 ◽  
Author(s):  
Almıla Özkan ◽  
Ayşe Sena Aksakallı
Keyword(s):  
Legal System ◽  
Common Law ◽  
Civil Law ◽  
Vienna Convention ◽  
Legal Systems ◽  
International Treaties ◽  
Law System ◽  
Common Law System ◽  
The Way

The risk of loss refers to the value of the goods that were damaged or destroyed without responsibilities of any party. While the matter of risk of loss differs from legal systems to legal systems, it has been subject to international treaties as well. In Turkish legal system, the abrogated Code of Obligation and Turkish Code of Obligations have different features in terms of transfer of risk of loss. According to abrogated Code of Obligation, the buyer is responsible for the value of the damaged goods as soon as the parties sign the contract. In Turkish Code of Obligations, the seller bears the risk of loss until the delivery of goods or registration. Turkish Code of Obligation is compatible with civil law. And abrogated Code of Obligation is compatible with common law system. There are rules regarding transfer of risk of loss in many international treaties. By the way, it must be stated that rules of transfer of risk of loss in Vienna Convention are compatible with Turkish Code of Obligations.

scholarly journals Constitutional Preview and Review of International Treaties: France And Indonesia Compared

2019 ◽  
Vol 5 (1) ◽  
pp. 039
Author(s):  
Dewi Nurul Savitri
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Legal System ◽  
Constitutional Court ◽  
International Treaties ◽  
International Treaty ◽  
Scholarly Literature ◽  
European Court ◽  
National Legal System

The Indonesian Supreme Court and the Indonesian Constitutional Court are experienced in examining international treaties, although the Indonesian constitution and national laws do not stipulate this matter explicitly. The Constitutional Council of France has the authority to examine judicial previews of bills concerning international treaties. Moreover, French judges can examine international treaties. There is also the European Court of Human Rights, which has an important role concerning the control of conventionality. This article aims to promote discussion about the examination of international treaty cases in Indonesia. It begins by considering the international scholarly literature on integrating international treaties and the rank of international treaties in the national legal system. Then, this article discusses the possibility of the Indonesian Constitutional Court to examine judicial preview of international treaty bills and judicial reviews concerning ratified international treaties.

Sign in / Sign up

Export Citation Format

Share Document