Part IV Transnational Organised Crime as Matter of Certain Branches of International Law, 20 Law of the Sea and Transnational Organised Crime

Author(s):  
Proelss Alexander ◽  
Hofmann Tobias

A decade ago, the High Level Panel on Threats, Challenges, and Change identified transnational organised crime (TOC) as one of the six clusters of threats that the international community has to face in the twenty-first century, thus recognizing and highlighting how important the suppression of TOC is for a more secure world. This chapter outlines the pertinent legal framework provided by the international law of the sea, sets out the circumstances under which states are entitled to exercise jurisdiction over foreign ships, and addresses many of the highly sensitive issues surrounding shipping interdiction. It argues that the international law of the sea establishes a legal framework for cooperation that, on one hand, sets comparatively narrow limits for unilateral enforcement measures, but at the same time leaves sufficient room for flexibility in respect of bilateral and multilateral approaches addressing the interdiction of suspected vessels.

Author(s):  
Stoyanova Vladislava

Since the beginning of the twenty-first century, with the adoption of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (UNTOC Trafficking Protocol), the concept of human trafficking has become a dominant frame in addressing issues of human security. This chapter critically reviews this development by clarifying an important tension that permeates the international legal framework on human trafficking and slavery. This tension concerns the security of the individuals who might be victims of human trafficking and slavery vis-à-vis the security of the borders of their desired States of destination. Given this tension, the chapter discusses the main challenges that lie ahead in this area of international law.


Globus ◽  
2020 ◽  
Author(s):  
H. Mammadov ◽  
◽  
Zh. Mammadova ◽  

This article is devoted to the problems of mutual influence and interaction of international law and religion. In particular, it examines the development of international law and the sources of religion. In addition, which areas of international law are most developed under the influence of religious provisions. The history of international law knows various theories under which international law has improved. The article provides a detailed analysis of these theories and views, noting the institutions of international law that arose directly under the influence of religion. For example, it is noted that under the influence of Relia, the UN Charter codifies the basic principles of international law, etc. In addition, it shows the challenges of religion to international law and relations in the era of globalization in the twenty-first century, which led even to the undermining of modern international relations and traditional religious concepts caused by the " return of religion” in international relations; secondly, it presents and discusses the research path of religion and international relations. Finally, a brief analysis of the 2 impact of the global revival of religion and the ”return of religion" in international law and international relations has been carried out


1970 ◽  
pp. 89-95
Author(s):  
Vinnie Nørskov

The article discusses the role of the legal framework in Denmark in the development of Danish museums and identifies a shift in the administration through a new museum act implemented in 2002 as a turning point through the establishment of an agency under the Ministry of Culture. At the same time museology was strengthened at the universities and since then research, education and museum practices have been focusing on improving the role of museums for visitors and for society.


Author(s):  
Duško Glodić

This article explores the role and importance accorded to customary international law in contemporary international law. First of all, the author has explored a number of issues related to this topic. Particluarly, the manner in which norms of customary international law are being established through the relevant State practice and the formation of opinio juris, as well as how the changes in contemporary international relations generated some chages in custromary international law were examined from both theretical and practical point of view. Than, the article elaborated, in a more concrete manner, different ways of impact of changes in international relations and subjects of international law to the formation of customary international rules. It has also paid attention to the evolution in international law and its reflection to the creation of international legal norms, including customary rules. The article concluded that, despite an ever increasing number of treaties, customary rules are still present in international law and are important for regulation of international relations, thus ensuring that dynamics and developments within the international community are followed by the development of legal framework.


Author(s):  
Andreas Motzfeldt Kravik

Abstract The article explores the current stagnation in multilateral law-making based on an analysis of recent treaty attempts across various subfields of international law. It further examines why the law of the sea has continued to evolve despite this trend. The article demonstrates that states still regularly seek multilateral treaties to address new challenges. While there is some evidence of general treaty saturation, it is the current inability of traditional great powers to negotiate new binding norms which is the most constraining factor on multilateral law-making. This in turn is related to deeper geopolitical shifts by which traditional great powers, notably the United States and its allies, have seen their relative influence decline. Until the current great power competition ends or settles into a new mode of international co-operation, new multilateral treaties with actual regulatory effect will rarely emerge. The law of the sea has avoided the current trend of stagnation for primarily three reasons (i) a global commitment to the basic tenets of the law of the sea; (ii) a legal framework that affords rights and obligations somewhat evenly disbursed, allowing less powerful states to use their collective leverage to advance multilateral negotiations, despite intermittent great power opposition; and (iii) the avoidance of entrenched multilateral forums where decisions are reached by consensus only.


Author(s):  
Thomas Barfield

This chapter looks at the first decade of the twenty-first century in Afghanistan. As the twentieth century ended, ever-larger numbers of Afghans had become caught up in political and military struggles from which they had been previously isolated. Whether as fighters, refugees, or just victims of war and disorder, few escaped the turmoil that roiled the country. Ethnic and regional groups in Afghanistan had become politically and militarily empowered, reversing the process of centralization that had been imposed by Amir Abdur Rahman. Yet when the international community set about creating the new Afghan constitution, it did not start afresh but attempted to restore the institutions of old. This brought to the surface long-simmering disputes about the relationship of the national government to local communities, the legitimacy of governments and rulers, and the relationship that Afghanistan should have with the outside world.


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