scholarly journals Key Issues and Future Development of International Cyberspace Law

2016 ◽  
Vol 02 (01) ◽  
pp. 119-133 ◽  
Author(s):  
Ma Xinmin
Keyword(s):  
International Organizations ◽  
Future Development ◽  
Working Group ◽  
Armed Conflict ◽  
World Wide ◽  
Legal Framework ◽  
State Sovereignty ◽  
Internet Freedom ◽  
Key Issues ◽  
Special Meeting

Development of international cyberspace law has attracted world-wide attention in recent years and was placed on the agenda of the Tehran Session of the Asian-African Legal Consultative Organization (AALCO) in 2014 under strong advocacy from China. In its Beijing Session on April 13 to 17, 2015, the AALCO held a special meeting on international cyberspace law and adopted a resolution for the establishment of an open-ended working group to further discuss relevant issues through meetings or workshops to be co-sponsored with the governments of member states and some international organizations. This article is based on the author’s presentation at that special meeting, as well as his views and ideas expressed on other occasions. It first elaborates on some key issues of international cyberspace law such as global cyber governance, state sovereignty, internet freedom, application of armed conflict laws and international cooperation on combating cybercrime, and then proposes a legal framework and potential roadmap for future international cyberspace legislation.

Keeping Camouflage Out of the Classroom: The Safe Schools Declaration and the Guidelines for Protecting Schools and Universities from Military Use During Armed Conflict

2021 ◽  
Author(s):  
Marten Zwanenburg
Keyword(s):  
International Organizations ◽  
Armed Conflict ◽  
Armed Forces ◽  
Active Role ◽  
Legal Framework ◽  
Safe Schools ◽  
Humanitarian Law ◽  
Negative Consequences ◽  
Governmental Organizations ◽  
Non Governmental Organizations

Abstract This article discusses the ‘Safe Schools Declaration’ and the ‘Guidelines for Protecting Schools and Universities from Military use during Armed Conflict’. The latter are set of non-binding guidelines that aim to improve the protection of schools and universities during armed conflict. The former is a political declaration through which States can endorse the Guidelines. The article looks at the drafting process of the two documents, which involved non-governmental organizations (NGOs), international organizations and States. The article argues that the involvement of NGOs can be seen as reflective of a trend in which NGOs are increasingly involved in normative International Humanitarian Law (IHL) development. The role of international organizations was less pronounced, but nevertheless notable because international organizations traditionally do not have an active role in the field of IHL. The article contains an analysis of the Declaration and Guidelines, against the background of the applicable legal framework to the protection of schools and universities during armed conflict. It concludes that the principal focus of the Guidelines is the prevention of the use of schools and universities by armed forces in support of the military effort. IHL does not contain a rule prohibiting such use, but it can have far-reaching negative consequences for education. Other guidelines relate to, inter alia (limitations to), destroying or attacking schools and universities. These guidelines, while sometimes using phraseology from provisions of IHL treaty law, also largely go beyond existing obligations under IHL.

Patient Autonomy, Capacity, and Consent

2020 ◽  
Author(s):  
Mary Donnelly ◽  
Jessica Berg
Keyword(s):  
United States ◽  
National Level ◽  
The United States ◽  
Legal Framework ◽  
National Standard ◽  
Legal Principles ◽  
Key Issues ◽  
Human Rights Norms ◽  
Law And Legislation

This chapter explores a number of key issues: the role of competence and capacity, advance directives, and decisions made for others. It analyses the ways these are treated in the United States and in selected European jurisdictions. National-level capacity legislation and human rights norms play a central role in Europe, which means that healthcare decisions in situations of impaired capacity operate in accordance with a national standard. In the United States, the legal framework is more state-based (rather than federal), and the courts have played a significant role, with both common law and legislation varying considerably across jurisdictions. Despite these differences, this chapter identifies some similar legal principles which have developed.

Features of ILM for the 1960's

1969 ◽  
Vol 8 (I1) ◽  
pp. xi-xii
Keyword(s):  
International Law ◽  
International Organizations ◽  
Armed Conflict ◽  
Developed Countries ◽  
Military Force ◽  
International Arbitration ◽  
National Courts ◽  
The Developed Countries

The contents of ILM for the period from 1962 to 1969 reflect several significant developments: (1) the entry on the international scene of many new countries and their establishment of relations with the developed countries, particularly in the fields of commerce and trade and of investment; (2) the prevalence of armed conflict and the use of military force in the unsettled conditions resulting from the decolonization process and from continued antagonisms between the superpowers; (3) the pervasive role of international organizations, both global and regional, general and specialized; and (4) the continued predominance of national courts in the judicial consideration of questions of international law and the shift from general to specialized tribunals in the resolution of disputes by international arbitration and adjudication.

The Fifty-Sixth Session of the International Law Commission

2005 ◽  
Vol 99 (1) ◽  
pp. 211-221 ◽  
Author(s):  
Michael J. Matheson
Keyword(s):  
International Law ◽  
International Organizations ◽  
Armed Conflict ◽  
Diplomatic Protection ◽  
Sixth Session ◽  
International Liability ◽  
International Law Commission ◽  
Fragmentation Of International Law ◽  
Law Commission

The International Law Commission held its fifty-sixdi session in Geneva from May 3 to June 4, and from July 5 to August 6, 2004, under the chairmanship of Teodor Melescanu of Romania. The Commission completed its first reading of draft principles on international liability for transboundary harm and draft articles on diplomatic protection, which have now been submitted for comment by states with a view to their completion in 2006. The Commission also continued its work on reservations to treaties, responsibility of international organizations, unilateral acts of states, fragmentation of international law, and shared natural resources. In addition, the Commission decided to start work next year on the effect of armed conflict on treaties and the expulsion of aliens, and to recommend adding a new topic—the obligation to prosecute or extradite—to its long-term program. The following is a summary of where each topic stands and what issues are likely to be most prominent at the Commission's 2005 session.

In the Search of an Appropriate Legal Framework to Prevent Environmental Risks Caused by Navigation in the Black Sea

2017 ◽  
Vol 19 (2-3) ◽  
pp. 194-230
Author(s):  
Gabriela A. Oanta
Keyword(s):  
Black Sea ◽  
International Organizations ◽  
Marine Pollution ◽  
Regional Cooperation ◽  
Legal Framework ◽  
Environmental Risks ◽  
The Black Sea ◽  
Trade Routes ◽  
International Responsibility ◽  
The One

This article addresses the legal framework pertaining to navigation in the Black Sea (including the Turkish Straits System) – which is currently one of the busiest trade routes globally – and its implications for the protection and preservation of the marine environment in this region. This framework is a comprehensive and complex system that is based, on the one hand, upon norms established by different global diplomatic conferences and international organizations that are therefore also applicable to the Black Sea and its coastal States; on the other hand, the regional cooperation fora for the Black Sea have also created specific standards for the region. In addition, the implications of the delimitation of maritime areas in the Black Sea and the international responsibility of States in the field of marine pollution caused by navigation will also be examined.

scholarly journals ANALYSIS OF THE CURRENT LOGISTICS AND TRANSPORT CHALLENGES IN THE CONTEXT OF THE CHANGING ENVIRONMENT

Transport ◽  
2015 ◽  
Vol 30 (2) ◽  
pp. 233-241 ◽  
Author(s):  
Jurgita Barysienė ◽  
Nijolė Batarlienė ◽  
Darius Bazaras ◽  
Kristina Čižiūnienė ◽  
Daiva Griškevičienė ◽  
...  
Keyword(s):  
Business Processes ◽  
Legal Framework ◽  
Transport Sector ◽  
Changing Environment ◽  
Foreign Countries ◽  
Baltic Sea Region ◽  
Key Issues ◽  
The Baltic ◽  
The Impact ◽  
Transport Management

The rapidly changing world determines changes in the business processes. Logistics and transport are the areas facing constant changes. Therefore, an important point is to analyse the current problems of logistics and transport within the context of the changing environment. For many years, the experts of the Dept of Logistics and Transport Management of the Faculty of Transport Engineering from Vilnius Gediminas Technical University have been pursuing research both, in the Baltic Sea Region (BSR) in Lithuania and foreign countries. This research has been directed toward improvements to logistics and the entire supply chain in pursuit of economic, social and ecological competitiveness, an increase in the competitiveness and attractiveness of the transport system in the context of sustainable development, the impact of this system on the economic and social welfare of society, an increase in the competitiveness and attractiveness of the transport sector of improving the legal framework and the application of innovative technologies (including IT) in the transport sector aimed at implementing economic and social cohesion goals. The article deals with some of the key issues of the above introduced research.

scholarly journals Challenges and Opportunities of the Establishment ASEAN Open Skies Policy

2019 ◽  
Vol 06 (03) ◽  
pp. 466-488
Author(s):  
Dodik Heriyanto ◽  
Yaries Putro
Keyword(s):  
Airline Industry ◽  
Free Market ◽  
Legal Framework ◽  
State Sovereignty ◽  
Aviation Industry ◽  
Member States ◽  
Asean Member ◽  
Challenges And Opportunities ◽  
Pros And Cons ◽  
Asean Member State

Open skies policy is a concept of free market of airline industry. It eliminates single government’s influence in regulation and management of aviation industry. As implemented by the ASEAN Single Aviation Market (ASEAN-SAM) per 2015, the open skies policy aims to increase regional connectivity and regional economic growth by permitting airline industries from each ASEAN member states to fly above the Southeast Asian region without any barriers or restrictions. This policy has raised pros and cons from each ASEAN member state. Indonesia and some other states are still reluctant to adopt the open skies policy. By entering into commercial agreement to open their airspace, each member states will challenge their state sovereignty over the airspace above a state’s territory. This study argues that regional open skies policy provides greater economic advantages for the consumers of airline industry. However, this policy does not parallel to the basic principles of ASEAN. State sovereignty must be preserved in the liberalization that open skies represents. ASEAN Way, though inflexible, assigns member states with full sovereignty, which does not limit open skies policy implementation. This study, then, proposed legal framework through model of regional agreement to compromise between the state sovereignty principles and the regional open skies policy.

scholarly journals THE SOLVING OF PREVENTION AND OPPOSITION PROBLEM OF GENDER-BASED VIOLENCE IN UKRAINE IN THE CONTEXT OF SOCIAL WORK

2021 ◽  
pp. 12-24
Author(s):  
Olha Hurenko ◽  
Nataliia Matseiko
Keyword(s):  
Social Work ◽  
Violence Prevention ◽  
Armed Conflict ◽  
Gender Role Attitudes ◽  
Legal Framework ◽  
Gender Based Violence ◽  
Gender Based ◽  
The Individual ◽  
Gender System ◽  
Egalitarian Attitudes

The concept of «gender-based violence» essence, which recognized as an extreme manifestation of the individual rights and freedoms violation and as reproduction mechanism of society gender system, which based on uneven powerful relationships between women and men in the society and characterized by the egalitarian attitudes absence has been revealed in the article. Manifestation features of the phenomena and their varieties have been outlined. The fundamental difference between the concepts «gender-based violence», «domestic violence» has been defined. The Ukraine state social politics of gender-based violence prevention and opposition based on international and national legal framework has been analyzed. The current information about trends of this negative phenomenon spread within the country, including considering the consequences of the armed conflict in Eastern Ukraine has been listed.  Problems and prospects of the struggle with gender-based violence in Ukraine in the context of social work have been defined. And priority among which are improvement of reaction measures at the stages of violence facts detection and further support to the victim or the offender; setting-up systematic correctional work with perpetrators of violence or with perpetrators belonging to a risk group for its commission, the interdepartmental interaction of subjects of prevention and opposition this phenomenon; activating the system of preventive influences to the younger generation's consciousness and society in general to the direction of tolerance, mutual respect, opposit to gender role attitudes and stereotypes.

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