TRIBUTE

1996 ◽  
Vol 9 (2) ◽  
pp. 263-263
Author(s):  
René Lefeber ◽  
Iris C. Meijer
Keyword(s):  
International Law ◽  
Strategic Alliance ◽  
Publishing House ◽  
Transition Process ◽  
Second Step ◽  
The Hague ◽  
Set Up ◽  
Step Transition ◽  
Bare Minimum

The year 1994 marked a time of momentous change for the Leiden Journal of International Law. Quantity and quality of copy flow had reached a bare minimum, while the editors were overburdened with the administration of the Journal. It was concluded that the Journal would only have a future if it was reorganized rigorously. A business plan was drafted that set up a two-step transition process. The first step in this process was completed in 1995 with the influx of a group of experienced editors, the restructuring of sections of the Journal and a fresh lay-out. One of the most important changes was the development and introduction of the Hague International Tribunals Section, which involved the establishment of a close working relationship with the international judicial institutions in The Hague. The quality input in several field of the Journal had not only been a necessity to give our readers value for money, but also to prepare the Journal for the second step of the transition process, entering into a strategic alliance with a publishing house that could run the burdensome production and administration of the Journal. Sooner than expected, the Journal qualified for such an alliance and, this year, the negotiations with Kluwer Law International were brought to a successful conclusion.

The Hague Codification Conference

1930 ◽  
Vol 24 (4) ◽  
pp. 674-693 ◽  
Author(s):  
Hunter Miller
Keyword(s):  
International Law ◽  
League Of Nations ◽  
International Conference ◽  
The Hague ◽  
Set Up

The Conference for the Codification of International Law which met at The Hague from March 13 to April 12, 1930, was the first international conference specifically called for that purpose.In 1924 the League of Nations set up a Committee of Experts for the progressive codification of international law. The task of that committee was to select and propose for the first conference on codification a certain number of subjects within the field of international law. Three subjects, namely, Nationality, Territorial Waters and The Responsibility of States for Damage Caused in Their Territory to the Person or Property of Foreigners, were finally agreed on as the subjects to be considered by the first conference.

Thailand

2019 ◽  
pp. 362-385
Author(s):  
Vitit Muntarbhorn
Keyword(s):  
International Law ◽  
Human Trafficking ◽  
Second World War ◽  
League Of Nations ◽  
World War ◽  
Key Players ◽  
International Legal System ◽  
The Hague ◽  
Set Up ◽  
Second World

This chapter focuses on international law in Thailand. Siam was one of the original states from the Asian region that took part in the formation of the international legal system, notably the Hague Conference in 1899, which resulted in various treaties on the law of war, followed by the 1907 Hague Conference that resulted in a host of treaties on rules and regulations concerning the conduct of war. It was a member of the League of Nations and contributed to key international developments, such as the evolution of treaties against human trafficking. In the diplomatic juggle to set up the United Nations after the Second World War, Thailand sought membership, played its hand diplomatically, and gained admission. It was also one of the founders of the Association of Southeast Asian Nations (ASEAN) in 1967, and it was one of the key players that brought peace to Cambodia and the region in the 1990s.

scholarly journals International legislation instrument on surrogate motherhood: prospects of creation

2020 ◽  
pp. 153-159
Author(s):  
O.V. Shumalo ◽  
V.Ya. Kalakura
Keyword(s):  
International Law ◽  
Legal Status ◽  
Private International Law ◽  
Expert Group ◽  
International Level ◽  
Surrogate Motherhood ◽  
Special Instrument ◽  
International Private Law ◽  
The Hague ◽  
Set Up

Surrogacy is rapidly growing in intensity in almost the entire world, particularly in Ukraine, at the same time rapidly challenging international private law. Significant differences in approaches to this matter between various countries lead to conflict of laws and the need for its resolution at the international level as well as development of appropriate unified rules by creating an international instrument on surrogate motherhood. In this article, the author is trying to find out what the prospects of creating such a special instrument are today. It has been discovered that research on the possibilities of such regulation has been conducted within the framework of the Hague Conference on Private International Law for about ten years. To this end, a special Group of Experts has been set up within the organization to hold annual meetings and report on them. It is established that the need to create an international instrument on crossborder surrogacy agreements has been recognized at the international level. The Expert Group is currently exploring the possibility of implementing this project. The Expert Group decided that the purpose of this document would be to secure the recognition in the States Parties of a court decision on parentage that resulted from surrogacy. Consideration is also given to extending the document on recognition of acts of competent authorities on the registration a child’s birth and their legal status, given that in many countries parentage resulting from use of surrogate motherhood procedures is established without judicial involvement. It has been clarified that an international legal instrument will be developed in the form of a protocol operating in parallel with the Convention on the Recognition of Legal Parentage, which the Expert Group is also currently working on as part of a single project. In the article, it is discovered what features and provisions the future document may contain. Having analyzed the works of scientists, reports of the Expert Group and other materials, the author concludes that in the next few years a draft protocol on the recognition of paternity, established on the basis of cross-border surrogacy agreements, may be developed.

scholarly journals The League of Nations and the International Law of State Responsibility

2020 ◽  
Vol 22 (3-4) ◽  
pp. 331-362
Author(s):  
Antal Berkes
Keyword(s):  
International Law ◽  
League Of Nations ◽  
State Responsibility ◽  
The Hague ◽  
The Law ◽  
Set Up ◽  
International Law Commission ◽  
Law Commission

Abstract The League of Nations set up The Hague codification conference that focused, among three specific agendas, on the responsibility of states for damage caused in their territory to the person or property of foreigners. Scholarship has dominantly ignored or considered the work of the League of Nations in the law of state responsibility as a failure, starting the story of the codification with the International Law Commission. This article proposes to rethink the dominant view and claims that the League of Nations’ codification process not only initiated, but substantially contributed to the codification of the law of state responsibility, leading to lasting methods, concepts, principles and norms that have been integrated in the contemporary canon of the rules of state responsibility.

scholarly journals THE PRINCIPLE OF NEUTRALITY AT SEA AFTER UN CHARTER AND UNCLOS 1982

2018 ◽  
Vol 29 (3) ◽  
pp. 588
Author(s):  
Enny Narwati
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Hague Convention ◽  
The Other ◽  
International Treaties ◽  
Customary International Law ◽  
The Hague ◽  
The Law ◽  
Set Up ◽  
The Hague Convention

The purpose of this paper is to analyze an implementation of neutrality principles at sea in time of armed conflict. It because the law of neutrality at sea has not progressed and seem stagnant since 1907 on the Hague Convention. Indeed, the UN Charter and UNCLOS 1982 set up significant developments on international law. On the other hand, there still found a lack of rules available in particular area, therefore international community provide San Remo Manual 1994. The San Remo Manual created based on the Hague Convention of 1907, the UN Charter, UNCLOS 1982, other international treaties and customary international law. To conclude, that the law of neutrality at sea should respected the sovereignty of neutral countries

scholarly journals Polexit – Is the Exit of Poland from the EU a Viable Option?

2021 ◽  
Vol 8 (1) ◽  
pp. 29-38
Author(s):  
Dumitrita Florea ◽  
Narcisa Gales
Keyword(s):  
International Law ◽  
The State ◽  
Industrialized Countries ◽  
The West ◽  
Role Of The State ◽  
General Rules ◽  
The Hague ◽  
Set Up ◽  
The Eu

States must respect the interests of the international community since they must exercise their powers in a manner consistent with the general rules of international law; the territorial competence of the State is in this case limited, not only to foreigners, but also to their own residents, this means that the role of the state is to protect its own citizens, but also foreign citizens. The State must also exercise its competence in a manner that maintains the freedom of international communications. From the outset, the European Communities have sought to achieve forceful cooperation between Member States than that resulting from co-oping organizations. To this end, the states put themselves in a more similar perspective to the federal aspirations, which were, conceived at the Hague Congress in May 1948, and were then struck by the conceptions of proponents of institutionalized cooperation. Initially, in the West, the European construction took the form of co-operation organizations conceived in the late 40 years, some of which were due to American-inspired initiatives. After years of sustained efforts to recover and rebuild Europe, it faces the creation of a actually broader Community than that of industrialized countries, made up of multiple organizations operating on a solidarity basis and finding a balance in their development. The cooperation organizations set up in the West come to add new, restricted organizations in the early 50 years, not other than the European Communities, which contribute to a new federal vision.

Accountability and Independence of International Election Observers

2009 ◽  
Vol 6 (2) ◽  
pp. 541-580 ◽  
Author(s):  
Anne van Aaken ◽  
Richard Chambers
Keyword(s):  
International Law ◽  
International Organizations ◽  
Administrative Law ◽  
Democratic Process ◽  
International Context ◽  
Election Monitoring ◽  
Set Up

AbstractInternational election monitoring has become ever more important in the national as well as the international context. Plenty of (regional) International Organizations (and NGOs) send Election Observers Missions (EOMs) to countries in order to assess the quality of their democratic process and elections. Whereas the influence of EOMs is largely undisputed, their independence, impartiality and accountability have been less discussed. This paper describes the legal set-up of EOMs in order to assess their independence and accountability. It also uses accountability mechanisms as discussed in international law scholarship (ILA Report and the Global Administrative Law project) in order to analyze the accountability mechanisms currently in place for EOMs.

Part 2 National and Regional Reports, Part 2.2 Asia: Coordinated by Yuko Nishitani and Béligh Elbalti, 38 Taiwan: Taiwanese Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Tsai Hua-Kai
Keyword(s):  
Public Policy ◽  
International Law ◽  
Primary Source ◽  
Private International Law ◽  
Choice Of Law ◽  
Party Autonomy ◽  
Applicable Law ◽  
The Hague ◽  
Set Up ◽  
Domestic Law

This chapter highlights Taiwanese perspectives on the Hague Principles. The Act Governing the Choice of Law in Civil Matters Involving Foreign Elements is the primary source of choice of law rules in Taiwan’s private international law (Taiwanese PIL Act). Party autonomy is set up as a prioritized connecting factor for the choice of law rules on contracts under the Taiwanese PIL Act. Due to the fact that Taiwan is not a Member State to most of the international organizations such as the Hague Conference on Private International Law, the source of Taiwan’s private international law is mainly domestic law. Being a non-binding instrument, the Hague Principles can be taken into consideration in Taiwan as an informal source of choice of law rules on contracts. However, the Hague Principles do not provide for rules determining the applicable law in the absence of the parties’ choice. Article 20 of the Taiwanese PIL Act is, in this respect, more comprehensive. Nonetheless, the Hague Principles may be used to interpret, supplement, and further develop rules only to Article 20(1) concerning party autonomy and the limitation on that autonomy such as public policy.

scholarly journals Apostille Convention and Its Ramification Following the Accession of the Indonesian Legal Practices

2021 ◽  
Vol 8 (3) ◽  
pp. 313-331
Author(s):  
David Tan
Keyword(s):  
Qualitative Analysis ◽  
International Law ◽  
21St Century ◽  
Research Method ◽  
Secondary Data ◽  
Private International Law ◽  
The Hague ◽  
The Government ◽  
Further Development

Indonesia has acceded to the 1961 Hague Apostille Convention in early 2021. The government decided the move based on the current endeavors to enhance the quality of civil services, investment rate, government transparency, and recovery efforts after the worldwide pandemic. At the same time, Indonesia’s initiative to accede to the convention is surprisingly unimpressive, considering the benefits for Indonesia due to its urgency. The study reinforces the present perspective of apostille to contribute to the handful of scholarly papers dealing with the apostille in the realm of private international law. This study employed a normative juridical research method with secondary data. The data were analyzed with qualitative analysis methods. This paper examined the issues of the 1961 Hague Apostille Convention from Indonesian perspective and its obstacles in the 21st century. Furthermore, analysis also covered various scientific articles concerning the apostille to increase insight and comprehension of Indonesia’s attempt to accede to the Hague Apostille Convention and the subsequent actions that Indonesia should consider. Finally, this study also highlights the further development for the apostille to avoid deficiencies and vulnerabilities.

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