International Court Authority in Question

Author(s):  
Karen J. Alter ◽  
Laurence R. Helfer ◽  
Mikael Rask Madsen

This chapter introduces the contributions by the six commentators and engages their diverse perspectives. We put the commentaries in conversation with our IC authority framework, addressing in particular three foundational issues: (1) our decision to set aside normative questions about IC authority; (2) our decision to refrain from hypothesizing about the beliefs that shape how different audiences respond to IC rulings; and (3) our decision to discuss the distinction between IC authority and IC power. In some cases, the commentaries provide a contrasting perspective to this book’s inquiry; in other instances, they are openly critical of its approach to conceptualizing and analyzing IC authority. At a basic level, they reveal how discussions of authority inevitably provoke deeper questions—about legitimation, about the importance of investigating actor beliefs, and about the complex ways in which power is exercised in law and in legal practice.

Author(s):  
N. M. Oleksiuk

The article deals with the issue on the principles of peacekeeping activities of NATO as the international organization maintaining the challenges of world's peace and order in particular regions. It puts a light on a divertive coherence of legal practice of international organizations, e.g. UN and NATO and scholar thoughts on given problem of identification and application of the principles of peacekeeping. It is noted that there is an academic debate regarding the number of principles between Lindsey Cameron, Dag Nystrom, Christine Gray, Lise Morje Howard, Hitoshi Nasu, Dieter Fleck, who offer so called "classic" approach on the one hand, and Yoram Dinstein and Osamu Youshida, who have an opposite opinion of their approach of outlining the principles of peacekeeping. The article emphasizes the main key ideas of given scholar views that are unified for each approach in general. The article analyses given academic approaches on the issue of research and outlines the list of the principles of peacekeeping, which are observed: (i) Consent of the parties; (ii) Impartiality; (iii) Non-use of force. Also article gives the definition and gives the explanation to each of them. It is explained the negative consequences in case of breaching given principles. The relevant examples of such in experience of peacekeeping activities are given. Examination of these principles is provided under the jurisprudence of the International Court of Justice and legal practice of the UN, which is fundamentally primal to any kind of peacekeeping activities - of the UN or other international organizations. It is observed the relevant NATO's practice of peacekeeping and NATO's legal acts as well. It is pointed on the importance to follow these principles because of the provisions of the international customary law in general and the UN Charter in particular. The article concludes that the key idea of given principles of peacekeeping regarding the NATO is that that only on the grounds of their fulfilment could the Alliance reach its goals as well as goals of the UN Charter in most effective way without violating international law. It is stressed that given approach on the principles of the peacekeeping is quite certain enough because of subsequently evolution of NATO's legal framework in joint doctrines.


2020 ◽  
pp. 24-33
Author(s):  
K. V. Rozov

The article presents the structure, content and results of approbation of the C++ programming course developed for the 10th grade students of physics and mathematics profile and implemented as part of the academic subject “Informatics”. The aim of the course is to develop in the student not only knowledge and skills in programming, but also his algorithmic culture and programming culture as important qualities of a potential IT-specialist. This is facilitated by special control of educational process by the teacher, which consists in monitoring the activities of students in writing programs and timely correction of this activity. The assessment of the level of development of student algorithmic culture and programming culture relative to the basic level of their formation (when mastering the basics of algorithmization and programming in the 9th grade) was carried out on the basis of a number of criteria presented in the article. The results of approbation showed that the specially organized teacher activity makes it possible to increase the level of algorithmic culture and programming culture of high school students when studying the basics of programming in C++.


Author(s):  
Justin Farrell

This introductory chapter briefly presents the conflict in Yellowstone, elaborates on the book's theoretical argument, and specifies its substantive and theoretical contributions to the social scientific study of environment, culture, religion, and morality. The chapter argues that the environmental conflict in Yellowstone is not—as it would appear on the surface—ultimately all about scientific, economic, legal, or other technical evidence and arguments, but an underlying struggle over deeply held “faith” commitments, feelings, and desires that define what people find sacred, good, and meaningful in life at a most basic level. An overview of the subsequent chapters is also presented.


2017 ◽  
Vol 6 (2) ◽  
pp. 312
Author(s):  
Shkumbin Asllani

In today’s international taxation most of the developing countries enter into tax treaties which are drafted in line with the OECD MC to eliminate double taxation. Yet, is well-known fact that tax treaties in practice are abused by tax payers, therefore, majority of states have introduce legislation specifically designed to prevent tax avoidance and protect their domestic interests. In legal practice and literature the act of overriding international tax treaties and denying treaty benefits in favour of domestic law provisions threatens main principle of international law and therefore is questionable to what extend the relationship between domestic law and international tax treaty agreements bridges the international norms.


2019 ◽  
Vol 118 (11) ◽  
pp. 533-541
Author(s):  
Dr. Premila Koppalakrishnan

The world stands on the precarious edge of an innovative transformation that will on a very basic level modify the manner in which we live, work, and identify with each other. In its scale, degree, and unpredictability, the change will be not normal for anything mankind has encountered previously. We don't yet know exactly how it will unfurl, however one thing is clear: the reaction to it should be incorporated and exhaustive, including all partners of the worldwide nation, from the general population and private segments to the scholarly community and common society. It is The Fourth Industrial Revolution, the digital revolution. The digital revolution has opened way for many impacts. All of the emirates are experiencing the effects of the “Fourth Industrial Revolution.” This revolution reflects the velocity, scope, and systems impact of a digital transformation that is changing economies, jobs, and work as it is currently known. Characteristics of the revolution include a fusion of technologies across the physical, digital, and biological spheres.


2018 ◽  
Vol 2 (2) ◽  
pp. 99-104
Author(s):  
Insa Koch

Does anthropology matter to law? At first sight, this question might seem redundant: of course, anthropology matters to law, and it does so a great deal. Anthropologists have made important contributions to legal debates. Legal anthropology is a thriving sub-discipline, encompassing an ever-increasing range of topics, from long-standing concerns with customary law and legal culture to areas that have historically been left to lawyers, including corporate law and financial regulation. Anthropology’s relevance to law is also reflected in the world of legal practice. Some anthropologists act as cultural experts in, while others have challenged the workings of, particular legal regimes, including with respect to immigration law and social welfare.


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