The Eritrea-Yemen Arbitration: First Stage—The Law of Title to Territory Re-Averred

1999 ◽  
Vol 48 (2) ◽  
pp. 362-386 ◽  
Author(s):  
Nuno Sérgio Marques Antunes

In December 1995 Eritrean and Yemeni armed forces clashed in one of the islands situated off the coast of these two States in the Red Sea (Greater Hanish1). Behind the incident was a dispute concerning, inter alia, the territorial sovereignty over several uninhabited islands in the area, the definition of the maritime boundary between the two States and the use of the waters surrounding the islands by fishermen of both States.2 Undoubtedly, this dispute is deeply rooted in the history of the two States, and their peoples.

2019 ◽  
Vol 16 (4) ◽  
pp. 67-88
Author(s):  
Edward Brudney

This article examines a series of worker strikes that culminated in the takeover of the Deutz Argentina tractor factory in October 1980. These mobilizations occurred under the most violent military regime in modern Argentine history—the Proceso de Reorganización Nacional (Process of National Reorganization, 1976–83)—yet they did not provoke legal or extralegal repression. Instead, over a week of highly visible conflicts, the Deutz workforce challenged the company’s decision to close the plant and publicly attacked the dictatorship’s economic policies and failure to defend Argentina’s national interest. This episode has been largely ignored within the history of labor relations during the Proceso. In this article, I advance two related arguments. First, I suggest that while several factors contributed to the lack of violence, the workers’ discourse demands serious analysis and shows important continuities with historical Peronist ideologies. Rather than passive victims or heroic revolutionaries, I demonstrate that Deutz workers pursued a pragmatic and occasionally aggressive strategy centered around ideas of patriotism, family, and religion—all ideas that the Armed Forces rhetorically celebrated. Second, I argue that this case challenges accepted notions related to the “state of exception” that nominally suspended the normal functioning of the law. Instead, I show, the law and legal precedent remained critically important to workers, trade unionists, management, and state actors as they navigated this situation. Labor legislation played a key role in the development, understanding, and resolution of the confrontation. This reading takes seriously the Proceso as a government and offers new insight into authoritarian legality.


2019 ◽  
pp. 138-146
Author(s):  
P. Zakharchenko

The approaches to the category "History of Ukrainian Law" are analyzed, its author definition and periodization in the historical dimension is proposed. Doctrinal approach of the Department of History of Law and State of the law Faculty of Taras Shevchenko National University of Kyiv is defined, which consists in recognition of the right of law before the State Institute. In our opinion, with the advent of the state, history of law appears as a history of national legislation in its relationship and interdependence with the state's regulatory activities – its administrative and judicial institutions, organization and activities of the army, police, and punitive agencies etc. The author indicates that the story is indicative that society can develop steadily in the coordinate of the environment, and the function of the instrument of the Zaman environment executes the right. The porpose of article is reserchirg the history of Ukrainian law: conceptual, istoriografìcal and comparative components of its identification It is alleged that for the first time the definition of "history of Ukrainian Law" is not implemented in Ukraine but beyond its borders. The galaxy of lawyers, and among them and historians of law, after the defeat of the Ukrainian Revolution of 1917 – 1921, were forced to leave the motherland and settle in the neighboring countries of Eastern Europe. A textbook of such name appeared in the conditions of Ukrainian emigration in the early 1920-ies. This primacy belongs to several researchers of the Ukrainian diaspora, who, with no historical, historical, legal sources and archival materials, have remained in the absolute majority in the libraries and archival funds of Soviet Ukraine. However, in these conditions they were able to lay the foundations for the formation of the appropriate field of scientific knowledge. It is noted that the successor of the traditions preserved in the diaspora can be called the Department of the History of law and State of the law Faculty of Taras Shevchenko Kyiv University, whose members for many years advocate not only the name of the educational The subject "History of Ukrainian Law", but also prove its genetic connection with the right of the Rus state, other national state formations of the later period. A few manuals on the history of Ukrainian law came from the pen of the lecturers. Special emphasis was made on the works of Alexander Shevchenko, who became the author of several textbooks and manuals that are still widely used in the educational process of law faculties in Ukraine. In one of them, O. Shevchenko actualized The problem of periodization of Ukrainian law, where the main criterion was determined by the evolution of the sources of law. In these positions is the author of the proposed publication. In the final part of the work emphasized the examples in the differences in the evolution, essence and content of the Ukrainian law from the Russian.


2011 ◽  
Vol 39 (3) ◽  
pp. 346-383
Author(s):  
Rebecca Fantauzzi

AbstractThis paper begins by tracking the history of piracy from Greek and Roman times, to the Golden Age of piracy, into modern day. It also looks at the motivations for becoming a pirate and the “piracy cycle.” The paper then moves into a discussion of how piracy has influenced the law, such as its impact on Universal Jurisdiction and international treaties like the UN Convention on the Law of the Sea; however, a stable definition of what constitutes “piracy” has become troublesome, even with the abundance of legal sources related to the subject. The paper then moves into a discussion of three US court cases dealing with the issue of piracy: the first from the Golden Age of piracy, the second in the early part of this century showing how piracy is not always prosecuted in the traditional sense, and finally with the case of the famous pirate the US Navy SEALS captured during the rescue of Captain Richard Phillips of the Maersk Alabama. Finally, the paper concludes the discussion using the modern day situation of Somalia to show how the “piracy cycle” is still capable of explaining what draws people to piracy, how that particular situation has been combated by the international community, and how neighboring countries, like Kenya, are using their own court systems to the advantage of the rest of the world.


2012 ◽  
Vol 27 (1) ◽  
pp. 59-95 ◽  
Author(s):  
Irina Buga

Abstract It is unclear whether Law of the Sea tribunals under the Law of the Sea Convention (LOSC, or the Convention) have jurisdiction to determine maritime boundary disputes involving concurrent land sovereignty issues. The text of the Convention and case law are silent in this respect. The only reference is in LOSC Article 298(1)(a)(i), which allows States to make declarations exempting maritime delimitations from compulsory dispute settlement, excluding concurrent territorial questions even from conciliation. However, it leaves unclear whether concurrent land sovereignty issues are also excluded in the absence of such declarations. There are indications that LOS tribunals may be able to decide ancillary land issues so long as these do not constitute the ‘very subject-matter’ of the dispute, or rely on an alternative jurisdictional basis. The question of competence over mixed disputes may be less extensive in effect than is often believed. States should not avoid initiating proceedings based on the view that LOS tribunals might not ultimately exercise jurisdiction.


2017 ◽  
Author(s):  
Jennifer A Chandler

This article considers the history of biological understanding of mental disorder, and explores the impact of today’s dominant neuroscientific approach on the law. The author argues that this approach subtly affects legal rules and practices, and that these socio-legal effects will likely be enhanced by the increasingly sophisticated use of neuroscience in biological psychiatry. The author illustrates the impact of the neurobiological model using five areas of law: evidence of mental states, the definition of disability in human rights law, criminal responsibility, the regulation of brain interventions, and the regulation of reproductive technologies.


Daedalus ◽  
2017 ◽  
Vol 146 (1) ◽  
pp. 11-23 ◽  
Author(s):  
Laura Ford Savarese ◽  
John Fabian Witt

This essay aims to redescribe key moments in the history of American military engagements to account for a persistent role that law has played in these conflicts. The law of war tradition has persisted since the War of Independence, we argue, because of an internal dynamic that makes it both strategically useful and costly for the United States to commit itself to rule-bound warfare. Invoking the laws of war to advance the strategic interests of the United States, American soldiers and statesmen have found, entails consequences beyond their control, making reversals in position more costly and enabling critiques in the language of the law. These entailments, we argue, are built into the enduring strategic value of the laws of war. The law has remained useful not because it can claim perfect neutrality, but because it has force independent of the interests for which it is mobilized.


2002 ◽  
Vol 5 (3) ◽  
pp. 301-315 ◽  
Author(s):  
Albert Baumgarten

AbstractMy intention in this paper is to take issue with a view widely held among scholars in the field, an opinion I shared in the past but that I have also questioned and ultimately come to reject. To set the stage for accomplishing this goal let me begin with a definition of a historian offered by my late teacher, Professor Elias Bickerman. He called a historian a "digger in texts." The comparison to an archeologist, who digs in the ground, is enlightening. Every layer of a site contributes something to the complete history of its occupation, and that total picture can only be drawn on the basis of information from every layer, in which each layer teaches us something about any and all of the other layers. Nevertheless, an archeologist digging at a particular site is usually most interested in the remains from one particular stratum. For that archeologist, these remains are of the greatest importance.


Author(s):  
Sergey Vasil'ev ◽  
Vyacheslav Schedrin ◽  
Aleksandra Slabunova ◽  
Vladimir Slabunov

The aim of the research is a retrospective analysis of the history and stages of development of digital land reclamation in Russia, the definition of «Digital land reclamation» and trends in its further development. In the framework of the retrospective analysis the main stages of melioration formation are determined. To achieve the maximum effect of the «digital reclamation» requires full cooperation of practical experience and scientific potential accumulated throughout the history of the reclamation complex, and the latest achievements of science and technology, which is currently possible only through the full digitalization of reclamation activities. The introduction of «digital reclamation» will achieve greater potential and effect in the modernization of the reclamation industry in the «hightech industry», through the use of innovative developments and optimal management decisions.


2014 ◽  
Vol 3 ◽  
pp. 166-182
Author(s):  
Iryna Tsiborovska-Rymarovych

The article has as its object the elucidation of the history of the Vyshnivetsky Castle Library, definition of the content of its fund, its historical and cultural significance, correlation of the founder of the Library Mychailo Servaty Vyshnivetsky with the Book.The Vyshnivetsky Castle Library was formed in the Ukrainian historical region of Volyn’, in the Vyshnivets town – “family nest” of the old Ukrainian noble family of the Vyshnivetskies under the “Korybut” coat of arm. The founder of the Library was Prince Mychailo Servaty Vyshnivetsky (1680–1744) – Grand Hetman and Grand Chancellor of the Grand Duchy of Lithuania, Vilno Voievoda. He was a politician, an erudite and great bibliophile. In the 30th–40th of the 18th century the main Prince’s residence Vyshnivets became an important centre of magnate’s culture in Rich Pospolyta. M. S. Vyshnivetsky’s contemporaries from the noble class and clergy knew quite well about his library and really appreciated it. According to historical documents 5 periods are defined in the Library’s history. In the historical sources the first place is occupied by old-printed books of Library collection and 7 Library manuscript catalogues dating from 1745 up to the 1835 which give information about quantity and topical structures of Library collection.The Library is a historical and cultural symbol of the Enlightenment epoch. The Enlightenment and those particular concepts and cultural images pertaining to that epoch had their effect on the formation of Library’s fund. Its main features are as follow: comprehensive nature of the stock, predominance of French eighteenth century editions, presence of academic books and editions on orientalistics as well as works of the ideologues of the Enlightenment and new kinds of literature, which generated as a result of this movement – encyclopaedias, encyclopaedian dictionaries, almanacs, etc. Besides the universal nature of its stock books on history, social and political thought, fiction were dominating.The reconstruction of the history of Vyshnivetsky’s Library, the historical analysis of the provenances in its editions give us better understanding of the personality of its owners and in some cases their philanthropic activities, and a better ability to identify the role of this Library in the culture life of society in a certain epoch.


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