Elements of Nordic Practice 2005–2006: Finland

2008 ◽  
Vol 77 (1-2) ◽  
pp. 141-161
Author(s):  
Juha Rainne
Keyword(s):  
European Union ◽  
International Law ◽  
General Assembly ◽  
Humanitarian Law ◽  
The European Union ◽  
State Practice ◽  
Un General Assembly ◽  
International Tribunals ◽  
International Sanctions

AbstractThis report includes selected parts of Finnish state practice in the field of international law in 2005 and 2006. The activities during this period were dominated by Finland's Presidency of the European Union (EU) in the second half of 2006. The report comprises state practice related, inter alia, to humanitarian law, international tribunals, international sanctions, measures to combat terrorism and the work of the Sixth Committee of the UN General Assembly. Special attention is paid to the activities that took place in the field of international law during the Finnish EU Presidency.

Organisation juive européenne, Vignoble Psagot Ltd v. Ministre de l’Économie et des Finances

2021 ◽  
Vol 191 ◽  
pp. 402-442
Keyword(s):  
European Union ◽  
International Law ◽  
West Bank ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The European Union ◽  
Purchasing Decisions ◽  
Ethical Considerations ◽  
Occupied Territories ◽  
East Jerusalem

Economics, trade and finance — Food imports — Import of foodstuffs originating from East Jerusalem, West Bank and Golan Heights into the European Union — Labelling of products — Whether products originating from Israeli settlements in the Occupied Territories must be labelled as such — Observance of international law — Whether foodstuffs coming from settlements established in breach of rules of international humanitarian law — Ethical considerations — Purchasing decisions of consumers — Misleading of consumers Relationship of international law and municipal law — European Union law — Treaty on European Union, 1992 — Treaty on the Functioning of the European Union, 2007 — EU Customs Code — Regulation (EU) No 1169/2011 — Consistent interpretation of EU law — Interpreting Regulation (EU) No 1169/2011 in manner consistent with international law — Notions of “State”, “territory” and “place of provenance” — Referral of questions by national court to Court of Justice of European Union Territory — Status — Occupation — Occupied Territories in which State of Israel Occupying Power — East Jerusalem, West Bank and Golan Heights — Rules of international humanitarian law — Israel having limited jurisdiction — Israeli settlements in Occupied Territories — Palestinian people of West Bank enjoying right to self-determination — Golan Heights part of territory of Syrian Arab Republic — Import of foodstuffs into European Union — Labelling of products — Whether products originating from Israeli settlements in Occupied Territories must be labelled as such — Observance of international law — Whether foodstuffs coming from settlements established in breach of rules of international humanitarian law — Ethical considerations — Purchasing decisions of consumers — Misleading of consumers War and armed conflict — International humanitarian law — Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, 1949 — Article 49 — Obligation of States not to “deport or transfer part of its own civilian population into the territory it occupies” — Impact on labelling of products originating in Occupied Territories — Status of East Jerusalem, West Bank and Golan Heights as Occupied Territories — Whether products originating from Israeli settlements in the Occupied Territories must be labelled as such — The law of the European Union

Re-examining States’ External Obligations to Implement Economic and Social Rights of Children

2009 ◽  
Vol 22 (2) ◽  
pp. 407-449 ◽  
Author(s):  
Michael Wabwile
Keyword(s):  
International Law ◽  
General Assembly ◽  
Social Rights ◽  
Human Beings ◽  
Legal Basis ◽  
Economic Rights ◽  
Rights Of The Child ◽  
State Practice ◽  
Un General Assembly ◽  
Social And Economic Rights

International law on the protection and promotion of social and economic rights of the child binds states parties to respect, protect and secure these rights both in their own territories as well as to contribute to the programmes for such fulfilment in other countries in a strategy aiming at global implementation of these rights. This paper explores the legal basis for states‘ external obligations to support fulfilment of social and economic rights. It surveys inter alia the relevant treaty texts, explanatory resolutions of the UN General Assembly and statements in reports submitted by states parties to the UN monitoring committees, and argues that recent state practice and interpretation of human rights obligations confirms the extraterritorial obligations to support fulfilment of these rights. Since these are obligations to fulfil the rights of human beings in other countries rather than obligations to third states, they can be referred to as ‘diagonal obligations‘ to distinguish them from inter-state horizontal responsibility.

Negotiating in the un General Assembly: The European Union and the Other Major Groups

2017 ◽  
Vol 12 (2-3) ◽  
pp. 249-255
Author(s):  
Ioannis Vrailas
Keyword(s):  
European Union ◽  
United Nations ◽  
Overwhelming Majority ◽  
Lisbon Treaty ◽  
The Other ◽  
General Assembly ◽  
The European Union ◽  
National Sovereignty ◽  
Member States ◽  
Un General Assembly

The overwhelming majority of the United Nations’ member states remain keen to preserve the traditional intergovernmental nature of the organization in the name of universalism, equality among states and national sovereignty. However, in most negotiating processes, delegations are increasingly content to take part through the groups or sub-groups of which they are members, rather than individually on a national basis. In this regard, the European Union (eu) sets the standards for both organization and effectiveness, especially since the entry into force of the Lisbon Treaty and the eu’s Special Observer status, granted by unga Resolution 65/276.

Disconnecting Humanitarian Law from EU Subsidiary Protection: A Hypothesis of Defragmentation of International Law

2016 ◽  
Vol 29 (2) ◽  
pp. 463-483 ◽  
Author(s):  
SALVATORE FABIO NICOLOSI
Keyword(s):  
European Union ◽  
International Law ◽  
Armed Conflict ◽  
Legal Order ◽  
International Criminal Law ◽  
Humanitarian Law ◽  
The European Union ◽  
Internal Armed Conflict ◽  
The Impact ◽  
The Eu

AbstractThe development of the Common European Asylum System (CEAS) has often revealed the tight interrelation between refugee law, humanitarian law and international criminal law. It has been argued that the latter bodies of law have, in fact, played a major role in the development of most key concept of the European Union asylum acquis.Drawing from the judgment issued by the Court of Justice of the European Union (CJEU) in Diakité, this article aims to prove that this assumption is not always true, especially with reference to the interpretation of specific concepts of international humanitarian law (IHL) and, in particular, the controversial notion of ‘internal armed conflict’. In tackling the sensitive issue of clarifying the meaning of ‘internal armed conflict’ in order to investigate the grounds to warrant subsidiary protection under the Qualification Directive, the Court provided an autonomous interpretation that goes beyond IHL, thus offering another occasion to investigate the interrelation between international law and the EU legal order.While contributing to the ongoing debate on the relationship between international law and the EU legal order, the article will consider the impact of the Court's reasoning on the EU asylum acquis, and will consider whether disconnecting the Qualification Directive from IHL, instead of producing further fragmentation of international law, may contribute to its defragmentation, conceived of as a harmonic co-ordination of different branches of law.

Part VI Refugee Rights and Realities, Ch.48 The Right to Asylum

2021 ◽  
Author(s):  
Gil-Bazo María-Teresa ◽  
Guild Elspeth
Keyword(s):  
European Union ◽  
International Law ◽  
The European Union ◽  
Refugee Status ◽  
International Protection ◽  
Current State ◽  
State Practice ◽  
Holistic Interpretation ◽  
The Right ◽  
International Instruments

This chapter explores the right to asylum in international law of universal and regional scope, including the right to seek asylum and the right to be granted asylum,. It does so by examining the evolution of asylum in international law and practice, as well as the jurisprudence of a number of courts, most notably the Court of Justice of the European Union and the Inter-American Court of Human Rights. Asylum, understood as ‘the protection that a State grants on its territory or in some other place under the control of certain of its organs to a person who comes to seek it’, is a well-known institution in international law and its historical roots in State practice are well established. Asylum is different from refugee status, as the former constitutes an institution for protection, while the latter refers to the content of the protection offered to those who meet the refugee definitions under the relevant international instruments. The chapter then offers a critique of the current state of play regarding asylum, refugee status, and international protection, including in the context of the Global Compact on Refugees. It looks at trends arising in regional contexts and analyses their contribution to a holistic interpretation of States’ obligations towards refugees and others in need of protection.

Ensuring Respect: The European Union's Guidelines on Promoting Compliance With International Humanitarian Law

2010 ◽  
Vol 43 (2) ◽  
pp. 381-413 ◽  
Author(s):  
Andrea Breslin
Keyword(s):  
European Union ◽  
International Law ◽  
Union Member ◽  
External Action ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
The European Union ◽  
Regional Organization ◽  
European Union Member States ◽  
Background Content

The European Union as a prominent regional organization is increasingly expected to contribute positively in terms of the promotion of certain values, both by European Union citizens and by the international community. These values include the promotion and development of international law, including international humanitarian law. The focus of this Article is on the influence, actual and potential, of the European Union in terms of promoting humanitarian law externally, and on ensuring respect of humanitarian law by third States. It briefly discusses the evolution of the duty to ensure respect and outlines the relevance of international humanitarian law to the external action of the European Union. The European Union Guidelines on Promoting Compliance with International Humanitarian Law are introduced and the background, content, and potential are explored. While not constituting binding law, these guidelines represent the position of the European Union in relation to promoting humanitarian law externally and reflect the responsibilities of European Union Member States with regard to ensuring respect for humanitarian law.

Constitutional and Legal Restrictions in the European Union Countries in the Context of the COVID 19 Pandemic

2020 ◽  
pp. 92-97
Author(s):  
A. V. Kuznetsov
Keyword(s):  
European Union ◽  
Human Rights ◽  
Comparative Analysis ◽  
International Law ◽  
The European Union ◽  
Eu Countries ◽  
European Union Countries ◽  
Legal Restrictions ◽  
Restrictive Measures ◽  
The Eu

The article examines the norms of international law and the legislation of the EU countries. The list of main provisions of constitutional and legal restrictions in the European Union countries is presented. The application of the norms is described Human rights conventions. The principle of implementing legal acts in the context of the COVID-19 pandemic is considered. A comparative analysis of legal restrictive measures in the States of the European Union is carried out.

A Union of Peoples

2020 ◽  
Author(s):  
Pavlos Eleftheriadis
Keyword(s):  
European Union ◽  
International Law ◽  
Political Theory ◽  
Domestic Institutions ◽  
Eu Law ◽  
The European Union ◽  
Rival Theory ◽  
Law Of Nations ◽  
Domestic Law ◽  
The Eu

This book offers a legal and political theory of the European Union. Many political and legal philosophers compare the EU to a federal union. They believe that its basic laws should be subject to the standards of constitutional law. They thus find it lacking or incomplete. This book offers a rival theory. If one looks more closely at the treaties and the precedents of the European courts, one sees that the substance of EU law is international, not constitutional. Just like international law, it applies primarily to the relations between states. It binds domestic institutions directly only when the local constitutions allow it. The member states have democratically chosen to adapt their constitutional arrangements in order to share legislative and executive powers with their partners. The legal architecture of the European Union is thus best understood under a theory of dualism and not pluralism. According to this internationalist view, EU law is part of the law of nations and its distinction from domestic law is a matter of substance, not form. This arrangement is supported by a cosmopolitan theory of international justice, which we may call progressive internationalism. The EU is a union of democratic peoples, that freely organize their interdependence on the basis of principles of equality and reciprocity. Its central principles are not the principles of a constitution, but cosmopolitan principles of accountability, liberty, and fairness,

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