Estuaries in European Community Law: Defining Criteria

1998 ◽  
Vol 13 (1) ◽  
pp. 1-22 ◽  
Author(s):  
Philippe Sands ◽  
Caroline Blatch
Keyword(s):  
International Law ◽  
Judicial Review ◽  
Scientific Literature ◽  
Waste Water Treatment ◽  
High Court ◽  
The Government ◽  
Definition Of ◽  
Bodies Of Water ◽  
Economic Considerations ◽  
European Community Law

AbstractIn 1996, the English High Court quashed the Secretary of State's decisions to designate the Humber and Severn bridges as the outer limits of the Humber and Severn Estuaries, for the purposes of implementing the 1991 EC Directive on Urban Waste Water Treatment. The judicial review centred around the meaning of the term "estuary" which, although well established in scientific literature, has apparently never been subject to judicial consideration in EC or international law. In the absence of a clear definition of an estuary, the court held that in designating these bodies of water under the Directive, the government must take into account all the relevant circumstances relating to their objective characteristics-including salinity and topography-having regard to the purpose of the Directive. Economic considerations may not, however, be taken into account in this exercise, in the absence of express provision in the Directive to that effect.

Rights of the Child

2017 ◽  
Author(s):  
Asha Bajpai
Keyword(s):  
Civil Society ◽  
International Law ◽  
Legal Framework ◽  
Civil Society Organizations ◽  
Legal Definition ◽  
Rights Of The Child ◽  
The Government ◽  
Definition Of

The chapter commences with the change in the perspective and approach relating to children from welfare to rights approach. It then deals with the legal definition of child in India under various laws. It gives a brief overview of the present legal framework in India. It states briefly the various policies and plans, and programmes of the Government of India related to children. International law on the rights of the child is enumerated and a summary of the important judgments by Indian courts are also included. The chapter ends with pointing out the role of civil society organizations in dealing with the rights of the child and a mention of challenges ahead.

Axiological Approach in International Law

2015 ◽  
Vol 3 (10) ◽  
pp. 0-0
Author(s):  
Елена Рафалюк ◽  
Elena Rafalyuk
Keyword(s):  
International Law ◽  
Regional Integration ◽  
Common Good ◽  
Regional Cooperation ◽  
Legal Consciousness ◽  
Classical Approach ◽  
Goods And Services ◽  
Political Relations ◽  
The Government ◽  
Definition Of

The article is devoted to the study of the question of the values of international law, in particular the value of regional integration and cooperation of states. The author analyzes the approaches to the definition of value in terms of the classical approach (“Value as a property of the valued object or as a sample on the basis of which the evaluation shall be made”) and non-classical approach (“The relationship between the object and the statement of what should be an object”). The article discusses the formation of axiology and contribution to its development of R. G. Lotze, V. Windelband, G. Rickert, P. G. Natorp. It is expressed the idea that any axiological analysis should be cultural-historical, because the relation to human values were and remain different in different periods of human history. The author notes that international law is based on the universally valid for all mankind values. They are reflected in the generally recognized principles of international law, customary international law, the universal conventions and declarations. The government and the international community were recognizing gradually the universally significant values. The crisis of international political relations at the present stage threatens the existence of fundamental principles of international law and the values protected by them. However, with the development of globalization, we can talk about the formation of new values — the regional cooperation of states for the achievement of the common good. States are forced to participate in regional integration projects in order to be able to confront the challenges of globalization and to trade with other countries in terms of global competition. The value of integration is gradually “wires” in life through activities of bodies and international officials of interstate integration associations. However the principles of regional integration and cooperation, which include liberalization of the market, free movement of goods and services, non-discrimination of participants trade, are not always clearly interpreted and applied by supranational courts; some basic guidelines are only produced. The interaction of states should be based on common elements of the legal culture, as well as on the idea of the unity of kindred peoples laid down in the legal consciousness. Otherwise integration projects may not enjoy the support of the citizens.

scholarly journals KAJIAN YURIDIS TENTANG KEWENANGAN MENTERI DALAM NEGERI MENGAWASI DAN MEMBATALKAN QANUN ACEH

2016 ◽  
Vol 1 (2) ◽  
Author(s):  
Suhardi
Keyword(s):  
Judicial Review ◽  
Islamic Law ◽  
Central Government ◽  
High Court ◽  
Legal Instrument ◽  
The Government

This research aimed to investigate the extent of the central government through Minister of Home Affairs in supervising and cancelling the Aceh Qanun as well as examining its supervision and cancellation mechanism as the regional legalisation product that has privilege and speciality. The result indicated that the supervision and cancellation of Aceh Qanun conducted by the government through the Ministry of Home Affairs had a legal error. Because the Aceh Qanun was a cooperative legalisation product of the regional executive and legislative, the cancellation should be conducted cooperatively by the regional executive and legislative, (not by the central government only). The legal instrument of Aceh Qanun cancellation was the President Regulations. The mechanism of Aceh Qanun supervision and cancellation conducted by the government was only for those related to general governance. However, for the Qanun related to the privilege and specific life of Aceh community, for example, the Islamic law Qanun, the supervision and cancellation are carried out by the judicial review of the high court. Abstrak: Tulisan ini bertujuan untuk melihat sejauh mana kewenangan pemerintah pusat melalui Menteri Dalam Negeri dalam mengawasi dan membatalkan Qanun Aceh dan bagaimana mekanisme pengawasan dan pembatalan Qanun Aceh sebagai produk hukum daerah yang memiliki keistimewaan dan kekhususan. Dari hasil telaahan lebih lanjut diketahui bahwa pengawasan dan pembatalan Qanun Aceh yang dilakukan oleh pemerintah melalui Mendagri merupakan kekeliruan hukum.  Hal ini dikarenakan Qanun Aceh adalah hasil produk hukum bersama eksekutif dan legislatif daerah dan sudah seharusnya pembatalan dilakukan bersama eksekutif dan legislatif tingkat daerah, bukan dilakukan oleh pemerintah pusat sebagai lembaga eksekutif sepihak. Instrumen  hukum yang digunakan untuk pembatalan Qanun Aceh adalah Peraturan Presiden. Untuk Qanun Aceh, mekanisme pengawasan oleh pemerintah hanyalah qanun yang berkaitan dengan tata kelola pemerintah pada umumnya, sedangkan Qanun Aceh yang berkaitan dengan kehidupan masyarakat Aceh yang bersifat khusus dan istimewa seperti Qanun Syariat Islam, pengawasan dan pembatalan dilakukan melalui judicial review oleh Mahkamah Agung. Kata Kunci:  Kajian Yuridis, KEMENDAGRI, Qanun Aceh

Application of secret diplomacy in international practice

2021 ◽  
pp. 72-79
Author(s):  
Maryna Okladna ◽  
Margarita Fedorovska ◽  
Darya Yukhymenko
Keyword(s):  
Soviet Union ◽  
International Relations ◽  
Scientific Literature ◽  
Theoretical Aspect ◽  
The United States ◽  
Main Body ◽  
Advantages And Disadvantages ◽  
The Soviet Union ◽  
The Government ◽  
Definition Of

Problem setting. Secret diplomacy, in various forms, has remained a key method of international relations and the development of relations between states. For example, the fate of the Caribbean Crisis was decided by secret diplomacy between the United States and the Soviet Union. However, despite the extremely large influence of secret diplomacy on the development of international relations, it is necessary to note a rather small level of study of secret diplomacy as a phenomenon. Analysis of recent researches and publications. In the scientific literature, the theoretical aspects of secret diplomacy have been the subject of scientific research by such scholars as Cornelia Biolu, Anthony Venis-V. John, Pika SM, Kostyuk DA, Pron TM, but a significant number of extremely important documents for understanding the problem remains in closed access. That is why the lack of scientific literature, which would describe secret diplomacy in the theoretical aspect, significantly complicates the study and study of secret diplomacy in general. Target of research. The aim of the paper is to carry out a critical review of the definition of secret diplomacy, to analyze the types of secret diplomacy and to consider features of their functioning in international relations, as well as to identify the disadvantages and advantages of secret diplomacy. Article’s main body. The article provides a general analysis of the definition of the concept of "secret diplomacy" in international practice. The opinions of leading scientists are given. Examples from history are analyzed. The paper analyzes in detail the types of secret diplomacy, and also considers the features of their functioning in international relations. In addition, the main advantages and disadvantages of secret diplomacy were formulated, as well as the prospect of its further application in practice. Conclusions. Secret diplomacy is the activity of the government to implement the foreign, international policy of the state, which is conducted in secret from society, other states and third parties in order to facilitate negotiations, establish relations and obtain various benefits. The methods of secret diplomacy have been used since ancient times and continue to be key not only in relations between states, but also in resolving international conflicts, despite the fact that the phenomenon has a number of disadvantages in addition to its advantages. There are several types of secret diplomacy, each of which differs from the others not only in its purposes for which it is used, but also in its components.

scholarly journals OFSTED V AL-HIJRAH, THE CASE OF SEGREGATED SCHOOLS AND SEX DISCRIMINATION

2018 ◽  
Vol 30 (1) ◽  
pp. 167-184
Author(s):  
Rajnaara Akhtar
Keyword(s):  
Judicial Review ◽  
Sex Discrimination ◽  
Government Agency ◽  
Executive Board ◽  
Children's Services ◽  
High Court ◽  
Segregated Schools ◽  
Children’S Services ◽  
Education Act ◽  
The Government

This case of HM Chief Inspector of Education, Children’s Services and Skills v The Interim Executive Board of Al-Hijrah School was the unfortunate outcome of an Office for Standards in Education, Children’s Services and Skills (Ofsted) inspection which resulted in a cataclysmic breakdown in trust between the government agency and the Birmingham city based Al-Hijrah school. Following an Ofsted inspection carried out under section 5 of the Education Act 2005, the subsequent Report stated that the full segregation of female and male pupils in a mixed-sex school amounted to sex discrimination under the Equality Act 2010. Al-Hijrah School applied to the High Court for a judicial review of the report prior to its official publication. The High Court Justice considered a range of evidences including facts related to Ofsted procedure, and ruled that the segregation did not amount to a breach of the 2010 Act, as when taken as a group, the treatment of the boys and the girls was the same and so there was an absence of “less favourable treatment”.  

Sex, Slavery and the High Court of Australia: The Contribution of R v. Tang to International Jurisprudence

2010 ◽  
Vol 10 (3) ◽  
pp. 403-423 ◽  
Author(s):  
Stephen Tully
Keyword(s):  
Human Rights ◽  
International Law ◽  
Significant Contribution ◽  
High Court ◽  
Sex Slavery ◽  
Definition Of ◽  
The Right ◽  
High Court Of Australia ◽  
Conceptual Integrity

AbstractThe judgment of the High Court of Australia in R v. Tang is a significant contribution to jurisprudence on the definition of slavery under international law. This case considered whether the intention of the perpetrator was a necessary element for the prosecution of that offence under Australian law. The High Court also preserved the conceptual integrity of slavery, evaluated the decisions in Kunarac and Siliadin, identified the powers attaching to the right of ownership as that expression appears in the 1926 and 1956 Slavery Conventions and employed a human rights orientation to contemporary manifestations of slavery. Although considerable practical challenges remain for enforcing the prohibition against slavery in Australia, R v. Tang marks a significant precedent likely to influence future international jurisprudence on the topic.

Conclusions

2021 ◽  
pp. 489-516
Author(s):  
David Kretzmer ◽  
Yaël Ronen
Keyword(s):  
International Law ◽  
Judicial Review ◽  
State Policy ◽  
West Bank ◽  
Political Community ◽  
Domestic Court ◽  
The West ◽  
The Government ◽  
Policies And Practices

This chapter considers explanations for the patterns of judicial review exposed in this study. It examines the Court’s performance in the light of the constraints of a domestic court faced both with challenges to state policy in political and security matters and the need to retain domestic and international legitimacy. The chapter places emphasis on the distinction between independence of judges and their neutrality. The lack of neutrality comes to the fore when the Court, which is the arm of an occupying state, reviews the authorities’ actions that affect persons who are not part of the judges’ political community. The Court has generally evaded examination of the legality under international law of the authorities’ actions or granted its backing to the positions of the government, often on legally dubious grounds. In so doing the Court has effectively legitimised virtually all policies and practices, including those that are incompatible with international law. In assessing the Court’s function, the chapter distinguishes between the Court’s legitimising and mitigating roles, and between the effect of the Court’s decisions and the effect of its shadow. Finally the chapter appraises the role that the Court has played in the transformation of the regime in the West Bank to one that has elements of a settler colonial regime.

Legal Documents Relating to Land Reform in Zimbabwe

2010 ◽  
Vol 49 (5) ◽  
pp. 1380-1403
Author(s):  
Oliver R. Jones ◽  
Chido Dunn
Keyword(s):  
South Africa ◽  
International Law ◽  
South African ◽  
Land Reform ◽  
The South ◽  
High Court ◽  
Legal Documents ◽  
Diplomatic Protection ◽  
Reform Program ◽  
The Government

In Gramara (Private) Ltd. & Others v. Government of Zimbabwe & Others (‘‘Gramara’’)1 and Von Abo v. Government of South Africa (‘‘Von Abo’’),2 the legitimacy of Zimbabwe’s land reform program has once again come under the judicial microscope. In Gramara, Judge Patel of the Zimbabwean High Court refused to enforce a decision of the Southern African Development Community (‘‘SADC’’) Tribunal that declared the program inconsistent with a range of human rights protections. By contrast, in Von Abo, Judge Prinsloo of the South African High Court virulently condemned the South African government’s failure to afford the applicant farm-owner diplomatic protection in relation to the government of Zimbabwe’s confiscations of land owned by South African nationals. The decisions throw into sharp relief both the potential and the limitations of the application of international law in the domestic context.

4.3.3 Summary of the issue in the application for judicial review The applicants alleged that the British Government, by stipulating that 75% of the shareholders and directors had to be of British nationality, were unnecessarily acting out of all proportion to the problem. Furthermore, the British Government had infringed their Community obligations by passing a statute that contained provisions in direct contravention of the Treaty of Rome 1957—notably that Member States cannot discriminate against each other (see Articles 7, 52 and 221 of the Treaty of Rome). 9.4.3.4 Summary of procedural history Factortame applied to the High Court for an order that the contravening sections of the Merchant Shipping Act 1988, together with parts of the accompanying regulations passed to implement the statute, should be disapplied pending a full hearing of the matter. The High Court considered that the dispute raised a question requiring the interpretation of some of the articles in the EC Treaty and decided to operate their discretion to ask the European Court for a preliminary ruling under Article 177 to the question whether s 14 of the Merchant Shipping Act 1988 infringed Articles 7, 52 and 221 of the EEC Treaty. This case commenced in December 1988 but the court decided to seek a preliminary ruling from the European Court and this was sent on 10 March 1989. The High Court ordered the application of the statute to be suspended on the grounds: • of changes brought about by entry into the EC and the UK obligations under the Treaty of Rome; • of s2(1) and (4) of the ECA 1972; • that the applicants stood a good chance of winning the case and, if they had to await a ruling, the case could take two years. However, if they were unable to register and therefore unable to fish for two years they would be bankrupt; • that this case for judicial review was not a case in which damages was a remedy on offer. The government appealed against the High Court decision on the grounds that an English court cannot suspend an Act of the English Parliament before it has even been determined to be in conflict with European law. The Court of Appeal agreed with the government. Factortame was forced to appeal to the House of Lords who said that, as far as the law as they saw it was concerned, the High Court could not suspend a statute. However, as the final court of appeal, they were obliged to seek a preliminary ruling on the matter from the ECJ under Article 177 (now Article 234), of the Treaty of Rome 1957 concerning whether a ‘national court had to give relief pending a reference in a main action and, if it gave relief, did Community law give it the power to grant interim protection’? (See Chapter 5.) The ECJ replied in the affirmative that a national court had to give relief. Furthermore, the ECJ stated that if a national law stood in the way of interim relief,

2012 ◽  
pp. 313-316
Keyword(s):  
Judicial Review ◽  
National Court ◽  
Preliminary Ruling ◽  
British Government ◽  
High Court ◽  
European Court ◽  
Treaty Of Rome ◽  
Merchant Shipping ◽  
The Government ◽  
Court Of Appeal

KEBIJAKAN POLITIK KERUKUNAN ANTARAGAMA DI INDONESIA ERA REFORMASI

2017 ◽  
Vol 9 (2) ◽  
pp. 407-424
Author(s):  
Jamaluddin Jamaluddin
Keyword(s):  
Transition Period ◽  
Religious Life ◽  
New Order ◽  
Reform Era ◽  
Policy Makers ◽  
Accommodation Space ◽  
Nation States ◽  
The Government ◽  
Definition Of ◽  
Cultural Reality

Indonesian reformation era begins with the fall of President Suharto. Political transition and democratic transition impact in the religious life. Therefore, understandably, when the politic transition is not yet fully reflects the idealized conditions. In addition to the old paradigm that is still attached to the brain of policy makers, various policies to mirror the complexity of stuttering ruler to answer the challenges of religious life. This challenge cannot be separated from the hegemonic legacy of the past, including the politicization of SARA. Hegemony that took place during the New Order period, adversely affected the subsequent transition period. It seems among other things, with airings various conflicts nuances SARA previously muted, forced repressive. SARA issues arise as a result of the narrowing of the accommodation space of the nation state during the New Order regime. The New Order regime has reduced the definition of nation-states is only part of a group of people loyal to the government to deny the diversity of socio-cultural reality in it. To handle the inheritance, every regime in the reform era responds with a pattern and a different approach. It must be realized, that the post-reform era, Indonesia has had four changes of government. The leaders of every regime in the reform era have a different background and thus also have a vision that is different in treating the problem of racial intolerance, particularly against religious aspect. This treatment causes the accomplishment difference each different regimes of dealing with the diversity of race, religion and class that has become the hallmark of Indonesian society.

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