Drones at Trial. State and Individual (Criminal) Liabilities for Drone Attacks

2014 ◽  
Vol 14 (1) ◽  
pp. 42-81 ◽  
Author(s):  
Geert-Jan Alexander Knoops
Keyword(s):  
Subject Matter ◽  
Armed Conflict ◽  
Criminal Liability ◽  
Case Law ◽  
Political Leaders ◽  
Unexplored Area ◽  
The Subject ◽  
The U.S ◽  
Trial State

This article delves into issues of individual and State (criminal) liability for (lethal) drone operations; a yet unexplored area given the proliferation of drone attacks in recent years. The criteria under which military and political leaders can (possibly) be held criminally accountable for conducting drone attacks within and outside an armed conflict are outlined, based upon ICTY, ICC and ECHR-case law. Against this background, the discrepancies and pitfalls of the U.S. policy vis-à-vis drone attacks are discerned, as well as the subject-matter of responsibilities of third states which facilitate principal States such as the U.S. in these attacks.

scholarly journals Cyber Attacks, Information Attacks, and Postmodern Warfare

2017 ◽  
Vol 10 (1) ◽  
pp. 63-89 ◽  
Author(s):  
Jozef Valuch ◽  
Tomáš Gábriš ◽  
Ondrej Hamuľák
Keyword(s):  
International Law ◽  
Subject Matter ◽  
Case Law ◽  
Cyber Attacks ◽  
Armed Conflicts ◽  
Information Warfare ◽  
Law Of War ◽  
Legal Rules ◽  
The Subject ◽  
The Relationship

Abstract The aim of this paper is to evaluate and differentiate between the phenomena of cyberwarfare and information warfare, as manifestations of what we perceive as postmodern warfare. We describe and analyse the current examples of the use the postmodern warfare and the reactions of states and international bodies to these phenomena. The subject matter of this paper is the relationship between new types of postmodern conflicts and the law of armed conflicts (law of war). Based on ICJ case law, it is clear that under current legal rules of international law of war, cyber attacks as well as information attacks (often performed in the cyberspace as well) can only be perceived as “war” if executed in addition to classical kinetic warfare, which is often not the case. In most cases perceived “only” as a non-linear warfare (postmodern conflict), this practice nevertheless must be condemned as conduct contrary to the principles of international law and (possibly) a crime under national laws, unless this type of conduct will be recognized by the international community as a “war” proper, in its new, postmodern sense.

EL JUEZ COMPETENTE PARA CONOCER DEL PROCEDIMIENTO MONITORIO: CUESTIONES PRÁCTICAS

2010 ◽  
pp. 493-519
Author(s):  
AINHOA GUTIÉRREZ BARRENENGOA
Keyword(s):  
Subject Matter ◽  
Critical Review ◽  
Case Law ◽  
Territorial Jurisdiction ◽  
Procedural Code ◽  
The Subject ◽  
The Given

El procedimiento monitorio se concibe en la Ley 1/2000, de Enjuiciamiento Civil como un procedimiento de tutela privilegiada de determinados créditos. Sin embargo, estos postulados se contradicen con los problemas que, en la práctica forense, se han suscitado, en muchos casos, por la determinación de la competencia del órgano que debe conocer del procedimiento. En el presente estudio, se analizan las principales cuestiones que se han suscitado en relación con la determinación de la competencia objetiva y territorial en el procedimiento monitorio, con un repaso crítico de las distintas soluciones doctrinales aportadas, y una revisión de la última doctrina jurisprudencial en la materia. Prozedura monitorioa Prozedura Zibilaren 1/2000 Legeak taxutu zuen, zenbait kredituren tutoretza pribilejiatua izateko prozedura moduan. Hala eta guztiz ere, postulatu horiek ez datoz bat praktika forentsean sortu diren arazoekin; izan ere, maiz, prozedura ezagutu behar duen organoaren eskumena nork duen jakitea ez da gauza argia. Lan honetan, prozedura monitorioaren inguruan eskumen objektiboa eta lurraldekoa zehaztu beharraz sortu diren eztabaida nagusiak aztertzen dira, horri buruz agertu izan diren konponbide doktrinalen azterketa kritikoa eginez, eta gaiari buruzko azken jurisprudentzia-doktrina ere lantzen da. The payment procedure is envisaged by Act 1/2000 on the Civil Procedural Code as a procedure for a privileged guarantee of some debts. However, theses propositions conflict with the problems which arose in practice when deciding the subject-matter and territorial jurisdiction in payments procedures. By this study, main questions regarding the subject-matter and territorial jurisdiction within the payment procedure are analyzed with a critical review of the given different doctrinal solutions and a revision of the last case law doctrine on the topic.

Part I General and Introductory, 4 Subject-Matter Scope: Civil and Commercial Matters

2017 ◽  
Author(s):  
Hartley Trevor C
Keyword(s):  
European Union ◽  
Subject Matter ◽  
Hague Convention ◽  
Case Law ◽  
The European Union ◽  
Court Of Justice ◽  
The Subject ◽  
The Hague ◽  
The Hague Convention ◽  
Civil Matter

This chapter discusses the ‘subject-matter scope’ of Brussels 2012, Lugano 2007, and the Hague Convention. ‘Subject-matter scope’ refers to the scope covered by a measure as regards its subject matter, that is to say the branches and areas of the law to which it applies. For the three legal instruments under consideration, the relevant provisions are contained in Article 1 of Brussels 2012 and Lugano, and Articles 1 and 2 of Hague. A review of case law shows that the distinction between a civil matter and public matter is far from straightforward. There is a significant grey area in which the Court of Justice of the European Union could legitimately go either way.

Federal Constitutional Guarantees of the States: Section 106 and Appeals to the Privy Council from State Supreme Courts

1978 ◽  
Vol 9 (3) ◽  
pp. 348-374
Author(s):  
Christopher D. Gilbert
Keyword(s):  
Subject Matter ◽  
Case Law ◽  
State Courts ◽  
State Supreme Courts ◽  
Privy Council ◽  
Supreme Courts ◽  
High Court ◽  
Federal Constitutional ◽  
Recent Statement ◽  
The Subject

The abolition of all appeals from the High Court to the Privy Council, coupled with the High Court's recent statement that it no longer regards itself as bound by Privy Council decisions, highlights the fact that appeals still lie, in many matters of State jurisdiction, from State Supreme Courts direct to the Privy Council. In this article, Mr Gilbert is primarily concerned to examine the extent to which section 106 of the Commonwealth Constitution may provide protection for these “direct” appeals. To this end, Mr Gilbert examines what case-law exists on section 106, and attempts to place the section in perspective in relation to the rest of the Constitution. The difficult (and largely unexplored) relationship between section 106 and section 51 is considered, to discover the possible reaches of Commonwealth legislative power with respect to the subject-matter protected by section 106. The position of “direct” appeals within the States’ constitutional structures is looked at, in order to determine the possible ambit of whatever protection is offered by section 106, and finally, Mr Gilbert analyses the recent comments by Mr Justice Murphy that the abolition of Privy Council appeals from the High Court has meant the consequential demise of “direct” appeals from State courts.

Comparative Law and Economic Analysis of Law

2019 ◽  
pp. 825-851 ◽  
Author(s):  
Florian Faust
Keyword(s):  
Economic Analysis ◽  
Subject Matter ◽  
Law And Economics ◽  
Comparative Law ◽  
Case Law ◽  
The Other ◽  
Economic Analysis Of Law ◽  
The Subject ◽  
The Relationship

This chapter discusses the relationship between comparative law and economic analysis of law. After providing an overview of the characteristics of the economic analysis of law, it explains how one of the two disciplines can operate as an ancillary discipline to the other; this has been termed ‘Comparative Law and Economics’. The next section describes how comparative law and economic analysis of law can be brought together by making one discipline the subject matter of the other. It suggests that the role of economic analysis of law may be greater in case law systems than in codified systems and that this role may vary according to the subject of legislation. The section concludes with considerations on the role comparative law plays and should play in different contexts. Finally, it is argued that comparative law and economics should not be considered a discipline on its own.

Integration — Who Benefits?

1987 ◽  
Vol 11 (1) ◽  
pp. 4-9
Author(s):  
Richard L. Schiefelbusch
Keyword(s):  
Cultural Values ◽  
Subject Matter ◽  
John Dewey ◽  
Political Leaders ◽  
Collective Leadership ◽  
Student Groups ◽  
Economic Issues ◽  
Rapid Changes ◽  
The Subject

Old ideas give way slowly; for they are more than abstract logical forms and categories. They are habits, predispositions, deeply engrained attitudes of aversions and preference.John Dewey, 1909One of the most difficult tasks faced by the collective leadership of a nation is the design and maintenance of its schools. Leaders must decide what is to be taught, by whom, and who to teach. The membership of the teacher and the student groups, in turn, help determine how the subject matter is to be taught. Thewhat, who, andhowissues are further complicated by rapid changes in cultural values and priorities, political and economic issues and legal interpretations. These complications require strenuous policy discussions and often agonizing reappraisals as the nation’s political leaders interact with their constituents, including groups representing parents, educators, scientists and economists.

An American Story

2016 ◽  
Author(s):  
Danilo Kiš
Keyword(s):  
Civil Rights ◽  
Science Fiction ◽  
20Th Century ◽  
Subject Matter ◽  
Philosophical Reflection ◽  
The Holocaust ◽  
The Subject ◽  
Danilo Kis ◽  
The U.S

The twelve stories in this collection, published in various journals and newspapers in Yugoslavia between 1953 and 1967, provide fascinating insights into the development of Danilo Kiš as a writer. From lapidary childhood idylls to harrowing foreshadowings of the Holocaust, from a satirical treatment of totalitarianism to a philosophical reflection on perception and form, the subject matter is remarkably varied. The highly unusual title story is even set amidst the U.S. civil rights struggles of the 20th century, and several of the tales are redolent of science fiction.

From Questioning Notes to Audiovisual Videoconferencing — Refl ections on the Evolution of the Model of Hearing a Witness Against the Background of the Solutions Adopted in the Code of Criminal Procedure of 1928 and 1997

2019 ◽  
Vol Special Issue ◽  
pp. 105-124
Author(s):  
Agnieszka Choromańska
Keyword(s):  
Subject Matter ◽  
Legal Status ◽  
Sound Transmission ◽  
Criminal Procedure ◽  
Case Law ◽  
Historical Factors ◽  
The Subject ◽  
Comparative Nature

The paper addresses legal solutions concerning the model of witness interviewing. The discussion is of comparative nature, as it refers both to the regulations contained in the Code of Criminal Procedure of 1928, as well as to the provisions of the current criminal procedure. It aims at a synthetic analysis of key changes in the model of interviewing a witness taking into consideration historical factors, as well as their impact on the current shape of the provisions in the Criminal Procedure Regulation. While reviewing legal solutions, the author pays special attention to the process of questioning at a distance supported by devices enabling simultaneous image and sound transmission. This issue is discussed in many aspects, taking into account the views of the doctrine and the analysis of case law. Apart from the assessment of the current legal status in genere, the paper also presents the proposals of solutions in the subject matter.

Patents and Diagnostic Methods in the U.S.: The Subject Matter Eligibility Trap

2019 ◽  
Vol 25 (1) ◽  
Author(s):  
Javier Saladich Nebot
Keyword(s):  
Subject Matter ◽  
Patent Protection ◽  
Case Law ◽  
The United States ◽  
Diagnostic Methods ◽  
General Application ◽  
Health Technologies ◽  
Potential Benefits ◽  
The Subject ◽  
Social Importance

Diagnostic methods have been gaining medical recognition and social importance as innovations that can be useful to provide individuals with a diagnosis, prognosis or prediction with regard to a condition that they currently have or that they are in risk of developing. Despite the great amount of resources deployed to produce these health technologies and their potential benefits for healthcare systems and patients or prospective patients alike, their exclusive protection in the United States has faced resistance from patent examiners and courts on the basis that diagnostics constitute a dubious innovation. Inconsistent arguments used for the refusal of patent protection have led to a labyrinth where innovators in the diagnostics sector cannot reasonably expect their application or their protection after the patent is in place to stand.  This paper aims to convey the doctrine of subject matter eligibility as applied to diagnostic methods and the relevant guidelines and case law. In doing so, it aims to depict the pitfalls resulting from the general application of a non-patentability rule to diagnostics, and to suggest opportunities still available for innovators to overcome uncertainty by filing compliant applications while maximizing the likeliness of enjoying protection once the patent is awarded.

scholarly journals Transfer of Ownership of Forests in the Western and Northern Teritories after World War II: Nationalization and Reprivatization

2018 ◽  
Vol 36 (1) ◽  
pp. 125-141
Author(s):  
Joanna Jaroszyk-Pawlukiewicz
Keyword(s):  
World War Ii ◽  
Subject Matter ◽  
Case Law ◽  
World War ◽  
Legal Norms ◽  
The Subject ◽  
Property Acquisition

Summary The article concerns the transfer of ownership of forest property, nationalized after World War II. It covers the subject matter of the process of property acquisition by way of nationalization decrees, in particular in the area of the so-called Regained Territories and dilemmas related to the issue of reprivatization. The work includes issues proposed over the years and existing statutory solutions, as well as case law affecting the interpretation of legal norms.

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