THE DATA EMBASSY UNDER PUBLIC INTERNATIONAL LAW

2019 ◽  
Vol 68 (1) ◽  
pp. 225-242 ◽  
Author(s):  
Bartłomiej Sierzputowski
Keyword(s):  
International Law ◽  
Legal Status ◽  
Denial Of Service ◽  
Distributed Denial Of Service ◽  
Legal Concept ◽  
Public International Law ◽  
Communications Network ◽  
The Republic ◽  
Grand Duchy ◽  
Sector Data

AbstractThis article discusses the data embassy, a new international legal concept created in response to a pressing problem. In 2007, Estonia fell victim to ‘distributed denial-of-service attacks’ and consequently, made Estonia's entire public sector data communications network inoperable. Their response was to strengthen their protection against and penalization for cybercrime, and to develop the concept of a ‘data embassy’. On 20 June 2017 the Republic of Estonia and the Grand Duchy of Luxembourg signed an ‘Agreement on the hosting of data and information systems’, to host Estonian data in Luxembourg. Such data embassies perform a unique function and benefit from many privileges and immunities, but their legal status has been unclear. This article addresses the question concerning the legal status of the premises of the data embassy.

scholarly journals Crimean conflict – from the perspectives of Russia, Ukraine, and public international law

2015 ◽  
Vol 15 (2) ◽  
pp. 23-45
Author(s):  
Milena Ingelevič-Citak
Keyword(s):  
International Law ◽  
Legal Status ◽  
Self Determination ◽  
Historical Background ◽  
Public International Law ◽  
Russian Law ◽  
The Right ◽  
Crimean Crisis ◽  
Secessionist Movement

Abstract The article presents the Crimean conflict from Russian and Ukrainian standpoints, confronting them with international law analysis. It is worth to mention, that Crimean crisis is still extremely controversial, since both parties are justifying their actions with norms of international law. This article starts with brief introduction of historical background of the Crimean crisis. Second chapter assesses the Crimean secessionist movement claiming the right of self-determination, and its compliance with Ukrainian law. Third chapter examines Russia’s position and its actions on the basis of Russian law. Fourth chapter presents the international law analysis of events in Crimea and its current legal status. Results of the analysis are presented in a conclusion.

The Function of Equity in International Law

2021 ◽  
Author(s):  
Catharine Titi
Keyword(s):  
Climate Change ◽  
International Law ◽  
Case Law ◽  
Legal Concept ◽  
Public International Law ◽  
Legal Decisions ◽  
Investment Arbitration ◽  
Maritime Boundary ◽  
Common Misconceptions ◽  
Comprehensive Study

A principle with a long pedigree, equity has been present in legal thought and in municipal legal systems since antiquity. Introduced in international legal decisions through claims commissions and arbitral tribunals, equity became progressively part and parcel of the international law mainstream. This book provides a systematic and comprehensive study of the legal concept of equity as it operates in contemporary international law, setting it on a new basis and dealing with some common misconceptions about it. In contrast with earlier studies on the topic, the book is informed by a body of judicial and arbitral case law that has never been so large and varied and it draws extensively on the prolific case law of investment tribunals, gaining insights from a valuable source that is typically ignored in public international law scholarship. From international cultural heritage law to the law on climate change, from maritime boundary delimitations to decisions on security for costs in investment arbitration, the relevance of equity is more far-reaching than has previously been conceded. As the importance of international law increases, continuously covering new domains, the value of equity increases with it. It is this new function of equity in the international law of the 21st century that this book explores.

scholarly journals Immunity of International Organizations from the Perspective of International Law

2016 ◽  
Vol 9 (1) ◽  
pp. 41
Author(s):  
Fatemeh Mihandoost
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
International Organizations ◽  
State Courts ◽  
Government Officials ◽  
Legal Concept ◽  
Public International Law ◽  
Foreign State ◽  
The Government ◽  
Or Organization

<p>The purpose of this study is to identify the international immunity and its type. We also sought to evaluate the immunity of international organizations from the perspective of international law in this study. International organizations have immunity in the implementation of their programs and tasks. In fact, one of the principles of public international law is immunity that prevents the presence of a foreign state in state courts. In some cases, there is a possibility of cancellation of immunity and in other cases withdrawal of immunity is derived from a political mission. These cases include accepting to solve the commercial dispute through arbitration because contrary to the authority of the state judge, judgment to address the dispute is not one of the government figures; therefore, government summoned to court of arbitration is not considered as a violation of state sovereignty. In practice, immunity has changed over the time. In other words, immunity has been modified over time. Research method used in this article is a review of the literature and interviews with experts who examine and compare the rules and regulations and the existing notes at home and abroad, about the immunity of international organizations. In the current situation, international general discipline is contrary to this subject that the government or organization holding immunity, while being aware of that, definitely accepts the condition of turning to a referee, which attracts the other party’s confidence, and then refers to immunity in some stage of inspection or while implementing the sentence. The legal concept of immunity, in general, is the sense that its owner is immune from prosecution, law enforcement, and government officials and they will not be able to chase the holder of such immunity.</p>

Public international law in the context of post-German cultural property held within Poland’s borders. A complicated situation or simply a resolution?

2020 ◽  
Vol 33 (4) ◽  
pp. 953-968
Author(s):  
Bartłomiej Sierzputowski
Keyword(s):  
International Law ◽  
Legal Status ◽  
Second World War ◽  
Cultural Property ◽  
World War ◽  
Public International Law ◽  
Post War ◽  
Polish Government ◽  
Second World ◽  
Complicated Situation

AbstractThe article discusses the complicated situation of post-German cultural property held within Poland’s borders after the Second World War. On 2 August 1945, ‘the Big Three’ decided a new layout of power within Europe. They reached an agreement that Silesia, Pomerania, the Free City of Danzig (Gdańsk), and part of East Prussia (Regained Territories) along with all the property which had been left on site, should be a part of Poland. One of the post-war priorities of the Polish Government was to regulate the legal status of post-German cultural property left within these newly-delineated borders. Although the Second World War ended in 1945, there was still a threat that the majority of post-German property could be devastated, destroyed, or even looted. There are some documented cases where such cultural property was seized inter alia by the Red Army and then transported to Russia. Since 1945, Russian museums have exhibited many of these pieces of art. This article addresses the question concerning the legal status of post-German cultural property in light of public international law. Furthermore, the article responds to the question, whether Poland is entitled to restitution of post-German cultural property looted from the Regained Territories.

scholarly journals PROCESSO DE IMPEACHMENT NO BRASIL, DEMOCRACIA E O PROTOCOLO DE USHUAIA: POSSÍVEIS DESDOBRAMENTOS (IMPEACHMENT IN BRAZIL, DEMOCRACY AND THE USHUAIA PROTOCOL: POSSIBLE PROSPECTS)

2017 ◽  
Vol 16 (7) ◽  
pp. 386
Author(s):  
Eduardo Biacchi Gomes ◽  
Ane Elise Brandalise
Keyword(s):  
International Relations ◽  
International Law ◽  
Regional Level ◽  
Theoretical Research ◽  
Complete Analysis ◽  
Public International Law ◽  
The Public ◽  
The Face ◽  
Fundamental Value ◽  
The Republic

Observa-se que são várias as vozes, tanto em âmbito local e regional quanto na esfera global e internacional, proclamando pela democracia, verdadeiro valor fundamental e um desafio constante. No contexto regional, a busca da ordem democrática destaca-se no processo de integração do chamado Mercado Comum do Sul (Mercosul), marcado por caso de suspensão e de questionamentos sobre os Governos dos respectivos Estados membros do bloco. Nessa toada, o presente artigo analisa, como ponto central, o tema do atual processo de impeachment em face da Presidente da República do Brasil à luz, sobretudo, do Protocolo de Ushuaia, instrumento documental do âmbito do Mercosul que estampa juridicamente esta busca por avanços reais da democracia e correlatas responsabilidades. Para realização de uma completa análise de conjuntura, o artigo apresenta, em um primeiro momento, o que é o Mercosul e seu processo de integração. Após, passa-se a discorrer sobre a busca pela democracia nesse âmbito regional e sua importância. Esclarecidos tais pontos, o artigo estuda o atual processo de impeachment contra a Presidente da República do Brasil. Por último, busca-se realizar uma análise de cenário, ainda que aqui colocada de forma simplificada, questionando quais as consequências, entre Brasil e Mercosul, diante da busca pela democracia. Este artigo é de pesquisa teórica, com procedimento de análise de conjuntura e de cenários realizado principalmente por meio de consultas bibliográficas, voltado à área do Direito Internacional Público e das Relações Internacionais. ABSTRACT It is observed that there are several voices in local, regional, global and international level, proclaiming democracy, fundamental value and a constant challenge. In the regional context, the pursuit of democratic order stands in the process of integrating the so-called Mercosur, well-known by the event of suspension and questioning of the governments of its member states of the bloc. In this tune, this article analyzes as a central point, the theme of the current impeachment process in the face of the President of the Republic of Brazil in the light, above all, the Ushuaia Protocol, documentary instrument Mercosur that legally prints this search by advances real democracy and related responsibilities. To perform a complete analysis of situation, the article presents, in the first instance, what is the Mercosur and its integration process. After, the paper discusses the search for democracy in this regional level and its importance. Clarified such points, the paper studies the current process of impeachment against the President of the Republic of Brazil. Finally, it seeks to perform a scenario analysis, although here placed in a simplified manner, questioning the consequences, between Brazil and Mercosur, on the quest for democracy. This article is theoretical research, with conjuncture analysis procedure and scenarios mainly conducted through bibliographic consultations, aimed at the Public International Law and International Relations area. Keywords: Brasil. Democracy. Internacional Law. Impeachment. Mercosur. UshuaiaProtocol.

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