Part III General International Law, Ch.23 Custom and General Principles of International Cultural Heritage Law

2020 ◽  
Author(s):  
Francioni Francesco
Keyword(s):  
Cultural Heritage ◽  
International Law ◽  
Retroactive Effect ◽  
Widespread Acceptance ◽  
Scope Of Application ◽  
Heritage Protection ◽  
The Law ◽  
Domestic Law

This chapter assesses whether contemporary international law prescribes obligations in the field of cultural heritage protection, which are binding upon States and other relevant international actors independently of or even against their consent. This question is relevant for a number of reasons. First, in spite of the widespread acceptance of treaty obligations in the various fields of cultural heritage protection, many States remain outside of the treaty regimes. Second, even for the States bound by treaties in force, their obligations have no retroactive effect, therefore leaving situations or disputes arising before the entry into force of relevant treaties outside their scope of application. Third, recognition of the character of custom or general principles to certain norms of international law may guarantee a superior ranking in the domestic law hierarchy of sources of the law.

scholarly journals Legal support of the cultural heritage protection in the Ukrainian SSR (second half of the 1950s – end of the 1980s)

2020 ◽  
pp. 19-28
Author(s):  
T. V. Mazur
Keyword(s):  
Soviet Union ◽  
Cultural Heritage ◽  
Rapid Development ◽  
Legal Regulation ◽  
Russian Language ◽  
Special Aspect ◽  
Heritage Sites ◽  
Heritage Protection ◽  
The Law ◽  
The 1950S

The research covers the development of the legislation of the Ukrainian SSR cultural heritage protection problems. The rapid development of sectoral legislation in the second half of the twentieth century was driven by the need of preservation of cultural heritage sites, damaged during the Second World War, or affected by the improper use by various institutions and organizations.The purpose of the article is to analyze the specifics of legal regulation of cultural heritage protection in the Ukrainian SSR in the second half of the 1950 s – the end of the 1980 s.Scientific novelty. The analysis of the legislative acts of the Verkhovna Rada of the USSR and the Council of Ministers of the USSR, as well as by-laws of the Ministry of Culture of the USSR revealed the specifics of the legal regulation of cultural heritage protection in the Ukrainian SSR in the second half of the 1950 s – late 1980s, which consisted of application of separate national legal terminology. The main directions of legal regulation of cultural heritage protection during the period under review are singled out.Conclusions. Soviet legislation on the protection of cultural heritage, as any sectoral legislation, was unified, and the republican special-purpose laws duplicated Union norms. The legislation of the Ukrainian SSR of the 1950s – 1980s concerning the cultural heritage protection was developed in accordance with the Union legislation, as well as the decrees and orders of the USSR Government. At the same time, both federal and republican legislation had basic international rules, including the provisions of the 1972 Convention concerning the Protection of World Cultural and Natural Heritage, signed by the Soviet Union. The special aspect of the the Ukrainian SSR legislation was the consideration of some national traditions, including terminological ones. This could be noticed in the name of the Law of the Ukrainian SSR from July 13, 1978 «On the Protection and Use of Monuments of History and Culture», in which instead of the term «памятник» (monument) in the Russian language and the law, the term «monument» was introduced more wide term «пямятка» (site). In general, due to the consistent policy on conservation and extensive legislation, we have been able to preserve the destruction of monuments that remind the thousand-year history and culture of Ukraine.

International Law Concentrate

2021 ◽  
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis
Keyword(s):  
International Law ◽  
International System ◽  
Comprehensive Overview ◽  
Essential Information ◽  
Peaceful Settlement ◽  
Questions And Answers ◽  
The Law ◽  
Settlement Of Disputes ◽  
The Relationship ◽  
Domestic Law

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. International Law Concentrate provides a comprehensive overview of international law and includes key information, key cases, revision tips, and exam questions and answers. Topics covered include the nature of international law and the international system, sources of international law, and the law of treaties. The book also looks at the relationship between international and domestic law. It considers personality, statehood, and recognition, as well as sovereignty, jurisdiction, immunity, and the law of the sea. The book describes state responsibility and looks at peaceful settlement of disputes. Finally, it looks at the use of force and human rights.

International Law Concentrate

2017 ◽  
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis
Keyword(s):  
International Law ◽  
International System ◽  
Comprehensive Overview ◽  
Essential Information ◽  
Peaceful Settlement ◽  
Questions And Answers ◽  
The Law ◽  
Settlement Of Disputes ◽  
The Relationship ◽  
Domestic Law

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. International Law Concentrate provides a comprehensive overview of international law and includes key information, key cases, revision tips, and exam questions and answers. Topics covered include the nature of international law and the international system, sources of international law, and the law of treaties. The book also looks at the relationship between international and domestic law. It considers personality, statehood, and recognition as well as sovereignty, jurisdiction, immunity, and the law of the sea. The book describes state responsibility and looks at peaceful settlement of disputes. Finally it looks at the use of force and human rights.

Down the Danube: The Vienna Convention on the Law of Treaties and the Case Concerning the GabcïKovo-Nagymaros Project

1998 ◽  
Vol 47 (4) ◽  
pp. 837-854 ◽  
Author(s):  
Daniel Reichert-Facilides
Keyword(s):  
International Law ◽  
Practical Importance ◽  
Vienna Convention ◽  
International Court Of Justice ◽  
Customary International Law ◽  
National Courts ◽  
International Court ◽  
Scope Of Application ◽  
The Subject ◽  
The Law

Over the last 30 years, the Vienna Convention on the Law of Treaties1 has emerged as one of the most influential instruments of modern international law. The Convention, which was adopted at the UN Conference on the Law of Treaties on 23 May 1969, entered into force on 27 January 1980 and has meanwhile been ratified by more than 80 States.2 Yet, as it does not operate retroactively,3 the scope of application is growing only slowly and its practical importance stems, rather, from the fact that the Convention is widely considered a restatement of customary international law. As early as 1971 the International Court of Justice referred to the articles governing termination for breach of treaty as a codification of the existing law on the subject.4 Since then both international tribunals and national courts have more and more habitually relied on the material provisions of the Convention to ascertain traditional rules of the law of treaties.5

International Law Concentrate

2019 ◽  
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis
Keyword(s):  
International Law ◽  
International System ◽  
Comprehensive Overview ◽  
Essential Information ◽  
Peaceful Settlement ◽  
Questions And Answers ◽  
The Law ◽  
Settlement Of Disputes ◽  
The Relationship ◽  
Domestic Law

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. International Law Concentrate provides a comprehensive overview of international law and includes key information, key cases, revision tips, and exam questions and answers. Topics covered include the nature of international law and the international system, sources of international law, and the law of treaties. The book also looks at the relationship between international and domestic law. It considers personality, statehood, and recognition as well as sovereignty, jurisdiction, immunity, and the law of the sea. The book describes state responsibility and looks at peaceful settlement of disputes. Finally it looks at the use of force and human rights.

The Legality of the Killing of Osama bin Laden

2013 ◽  
Vol 107 ◽  
pp. 47-51 ◽  
Author(s):  
John Cerone
Keyword(s):  
United States ◽  
International Law ◽  
The United States ◽  
Major Obstacle ◽  
Applicable Law ◽  
The Law ◽  
Osama Bin Laden ◽  
Extraterritorial Jurisdiction ◽  
Domestic Law

In assessing the legality of the killing of Osama bin Laden one is reminded of a saying about the situation in Lebanon. If you think you understand it, it has not been properly explained to you.Of course, one major obstacle is that we do not have all the facts. However, we also do not have all the law.The complexity of analyzing the legality of the killing begins with the threshold issue of applicable law. Is the conduct to be analyzed according to domestic law or international law? If domestic law, then which country’s domestic laws are applicable? Certainly that of the United States and Pakistan would be applicable. Saudi law might also apply (e.g., on the basis of nationality), in addition to the laws of those countries that have another basis under their domestic law for exercising extraterritorial jurisdiction (e.g., on the universality principle).

Internationally Wrongful Acts in Domestic Courts

2007 ◽  
Vol 101 (4) ◽  
pp. 760-799
Author(s):  
André Nollkaemper
Keyword(s):  
International Law ◽  
Case Law ◽  
International Obligation ◽  
Domestic Courts ◽  
International Responsibility ◽  
The Law ◽  
Domestic Law ◽  
Domestic Case

This article explores the relevance of the law of international responsibility to the practice of domestic courts. In addition to proposing analytical distinctions that allow us to systematize and differentiate domestic case law pertaining to international responsibility, the article essentially advances three arguments. First, in certain circumstances domestic courts may find that a breach of an international obligation by the forum state constitutes an internationally wrongful act. Principles of international responsibility may be applicable to such a wrong. Second, domestic courts may contribute to the implementation of the international responsibility of states by ensuring that principles of cessation and reparation are given effect. Third, international law leaves much leeway to states and their courts in applying principles of international responsibility in a specific domestic legal and factual context. The application of such principles will be colored by their interaction with domestic law and will vary among states.

scholarly journals Prawo międzynarodowe a uniwersalność pojęcia systemu

2016 ◽  
Vol 104 ◽  
pp. 121-138
Author(s):  
Michał Stępień
Keyword(s):  
International Law ◽  
Customary Law ◽  
Soft Law ◽  
Proper Sense ◽  
The Law ◽  
Domestic Law

INTERNATIONAL LAW AND THE UNIVERSALITY OF THE CONCEPT OF THE SYSTEMThe key feature of international law is that states are primary subjects of this law. This results in other features of international law like high relevance of customary law, ambiguous meaning of the term “treaty”, considerable role of soft law, uncertainty about the effects of reservations to treaties, and above all, the lack of collision rules when two or more treaties bind partly different parties. This all supports the weaker thesis about systemness of international law. The weaker thesis about systemness of international law is not the answer to all questions that can be put in this respect. This is particularly evident in the case of consistency of international law which is seriously jeopardized by the progressive fragmentation. But the conviction of the systemness of international law has also somewhat different purpose than it seems. Namely, it strengthens the argument that international law is the law in the proper sense of the word. It fulfils therefore, to some extent, a persuasive function. International law confronted with domestic law is a kind of so-called “positive morality” for many lawyers. Therefore, the thesis about systemness of international law is so important. For similar reasons, H. Kelsen so firmly stressed that war is a sanction, what justified the view that international law is the law in the proper sense of the word.

The Concept of Freedom of Navigation in Light of ITLOS Interpretation in the Norstar Case

2021 ◽  
Vol 6 (1) ◽  
pp. 94-114
Author(s):  
Giulia Demontis
Keyword(s):  
United Nations ◽  
International Law ◽  
Historical Analysis ◽  
Law Of The Sea ◽  
Critical Reading ◽  
International Tribunal ◽  
Scope Of Application ◽  
United Nations Convention ◽  
The Law ◽  
Meaning Interpretation

Abstract The long-awaited judgment on the M/V Norstar case has clarified – at least for the time being – the meaning, interpretation and scope of application of the principle of freedom of the seas as a long-standing, customary principle of international law. Through an historical analysis of the principle and a framing of the ruling within the United Nations Convention on the Law of the Sea, this article aims at providing a critical reading of the decision of the International Tribunal for the Law of the Sea.

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.

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