scholarly journals Frank Fechner, Rechtlicher Schutz archäologischen Kulturguts. Regelungen im innerstaatlichen Recht, im Europa- und Völkerrecht sowie Möglichkeiten zu ihrer Verbesserung [Legal Protection of Archaeological Cultural Property. Regulations in Domestic Law, in European and Public International Law as well as Possibilities for their Improvement], (Berlin: Dunker & Humblot1991.) 23.5×15.5cm ISBN 3–428–07234-X. Paperback DM 48.00 (Tübinger Schriften zum internationalen and europäischen Recht [Tübingen Studies on International and European Law], vol. 25).

1993 ◽  
Vol 2 (2) ◽  
pp. 410-411
Author(s):  
Kurt Siehr
Keyword(s):  
International Law ◽  
Legal Protection ◽  
Cultural Property ◽  
European Law ◽  
Public International Law ◽  
Domestic Law

Legal Protection of Children in Non-International Armed Conflicts in Nigeria

2021 ◽  
pp. 1-27
Author(s):  
Olaitan Oluwaseyi Olusegun
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
Legal Protection ◽  
Legal Framework ◽  
Armed Conflicts ◽  
Conflict Situations ◽  
Legal Frameworks ◽  
The Impact ◽  
Domestic Law

Abstract Armed conflicts are characterised by violence and human rights violations with various implications on the citizens, economy and development of nations. The impact is however more pronounced with life-long consequences on children, the most vulnerable members of the society. This article examines the impact of non-international armed conflicts on children in Nigeria and identifies the laws for the protection of children against armed conflicts, both in international law and Nigeria’s domestic law. It also addresses the challenges involved in the protection of children in armed conflict situations in Nigeria. The study found that legal efforts to protect children have not been given sufficient attention in Nigeria. This is mostly due to various challenges including the fragmentation of legal framework and the refusal to domesticate relevant treaties. It is thus recommended that these challenges be addressed through the implementation of effective legal frameworks.

Regulating Vessel Discharges on the International and EU Level

2021 ◽  
Vol 3 (3-4) ◽  
pp. 1-81
Author(s):  
Alexander Proelss ◽  
Valentin J. Schatz
Keyword(s):  
European Union ◽  
International Law ◽  
Ballast Water ◽  
European Union Law ◽  
Legal Requirements ◽  
Public International Law ◽  
Rules And Principles ◽  
The Individual ◽  
Domestic Law ◽  
Different Levels

Abstract This study analyzes the legal requirements concerning discharges from ships, a matter that is characterized by a considerable degree of complexity. This complexity results, inter alia, from the highly technical nature of the applicable norms, but also from the fact that the relevant rules and principles are prescribed in a wide and often overlapping variety of instruments on different levels of law, namely public international law, European Union law (where applicable) and domestic law. Taking into account that the individual legal instruments within these sub-systems of law significantly differ in their spatial and substantive scopes and regulatory approaches, a risk of conflicts of norms exists both from a vertical (i.e., between different levels of law) and horizontal (i.e., between different instruments on the same level of law) perspective. This situation gives rise to legal uncertainties, which may ultimately threaten the lawful and effective application and implementation of the relevant norms. This study attempts to clarify the existing uncertainties and to suggest harmonized interpretations and applications of the pertinent rules and principles. It does not address the issue of pollution from ships in general, but focuses on three specific categories of vessel discharges, namely scrubber washwater, sewage and ballast water.

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.

Using Treaties in Canadian Courts

2001 ◽  
Vol 38 ◽  
pp. 3-87 ◽  
Author(s):  
Gibran van Ert
Keyword(s):  
Human Rights ◽  
International Law ◽  
Common Law ◽  
International Treaties ◽  
Public International Law ◽  
Canadian Law ◽  
Domestic Courts ◽  
Reception System ◽  
Comprehensive Manner ◽  
Domestic Law

SummaryIncreasingly, litigants are seeking to rely on international treaties before domestic courts. The difficulties they face, together with the judges hearing these cases, are great. Public international law is unknown territory for the vast majority of Canadian lawyers, both at the bar and on the bench. Moreover, the rules according to which international treaties take effect in Canadian domestic law engage a wide variety of legal sources, including ancient common law jurisprudence, unwritten constitutional rules, federalism, and the provisions of theCanadian Charter of Rights and Freedomsand other Canadian human rights instruments. The object of this article is to describe in a comprehensive manner how international treaties may be used in Canadian courts. The disparate and seemingly unrelated norms informing the Anglo-Canadian law of treaty reception, including the implementation requirement, the treaty presumption, the rule inLabour Conventions, and the landmark decision inBakerv.Canada, are depicted as internally-consistent manifestations of the guiding principles of the Canadian reception system: self-government and respect for international law.

scholarly journals Road to Nowhere: Hong Kong's Democratization and China's Obligations Under Public International Law

2017 ◽  
Author(s):  
Alvin Y.H. Cheung
Keyword(s):  
Hong Kong ◽  
International Law ◽  
Chief Executive ◽  
Current Debate ◽  
Political Rights ◽  
Public International Law ◽  
Democratic Development ◽  
Joint Declaration ◽  
Electoral Reforms ◽  
Domestic Law

Does public international law have anything to say about how Hong Kong's Chief Executive should be chosen? The Hong Kong and Beijing Governments have framed the debate on electoral reforms for 2017 purely in terms of domestic law. They reject the relevance of the International Covenant on Civil and Political Rights (ICCPR) and have rebuffed any role for the United Kingdom under the Sino-British Joint Declaration of 1984 (Joint Declaration). In so doing, they seek to justify Beijing's insistence on powers of veto over nomination and appointment of the Chief Executive. However, an analysis purely in terms of domestic law is incomplete. Despite the insistence of the Hong Kong and Beijing Governments, international law has a role to play in the debate over Chief Executive electoral reform. Beijing’s commitments with respect to Hong Kong in the Joint Declaration, including the continued application of parts of the ICCPR to Hong Kong, preclude it from filtering Chief Executive candidates by political views. Emergent norms of customary international law are not only relevant to the interpretation of the Joint Declaration and ICCPR, but may also provide a freestanding basis to challenge the pre-ordination of candidates for Chief Executive. The state of the current debate, and China's long-standing efforts to frustrate democratic development in Hong Kong, show that it has not complied with its international law obligations. However, in the absence of individual rights of petition to the Human Rights Committee and in the absence of International Court of Justice compulsory jurisdiction, the prospects for enforcement of these obligations are bleak.

Direct Effects and Indirect Effects of Union Law

2018 ◽  
Author(s):  
Robert Schütze
Keyword(s):  
Member State ◽  
International Law ◽  
Indirect Effects ◽  
Direct Contact ◽  
Legal Order ◽  
European Law ◽  
National Courts ◽  
The Law ◽  
The Relationship ◽  
Domestic Law

Classic international law holds that each state can choose the relationship between its ‘domestic’ law and ‘international’ law. Two—constitutional—theories thereby exist: monism and dualism. Monist states make international law part of their domestic legal order. International law will here directly apply as if it was domestic law. By contrast, dualist states consider international law separate from domestic law: international law is viewed as the law between states; national law is the law within a state. International law needs to be ‘transposed’ or ‘incorporated’ into domestic law; and it can therefore only have indirect effects through the medium of national law. For dualist states, all European law would need to be ‘incorporated’ into national law before it could have domestic effects. Individuals would here never come into direct contact with European law; and where a Member State violated European law, individuals could not invoke ‘their’ European rights in the national courts.

Openness and Transparency

2020 ◽  
pp. 933-956
Author(s):  
Jane Reichel
Keyword(s):  
Comparative Analysis ◽  
International Law ◽  
International Organizations ◽  
National Level ◽  
Human Right ◽  
Public International Law ◽  
The Public ◽  
Global Context ◽  
Introductory Overview ◽  
Domestic Law

This chapter considers how the increased interest in access to official documents on the public international law level relates to the challenges posed to domestic laws with respect to transparency. It asks if international developments of greater access can compensate for the loss of transparency at the national level brought about by the de-nationalization of domestic law, and if so, how. Swedish domestic law is chosen as the case example here. The chapter provides an introductory overview of openness and transparency as a constitutional and administrative value in Sweden. Next, it examines openness and transparency in a global context. Transparency as a human right and also as an ideal for international organizations is then addressed. The chapter concludes with a comparative analysis.

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