Weighing the Sources of International Law

2021 ◽  
Vol 6 (2) ◽  
pp. 221-246
Author(s):  
Nong Hong
Keyword(s):  
International Law ◽  
Arctic Region ◽  
The Arctic ◽  
Legal Issue ◽  
Customary International Law ◽  
National Jurisdiction ◽  
Antarctic Treaty ◽  
The Antarctic ◽  
The Relationship ◽  
Different Sources

Abstract There is a long-standing debate on the weight or preference given to different sources of international law in jurisprudence. This article aims to discuss the interplay of three pairs of sources of international law; namely between old treaties and new treaties, treaties and customs, and existing treaties and emerging treaties in the context of three regions which are featured with typical maritime related issues. In the Arctic region, the 1925 Svalbard Treaty and the 1982 United Nations Convention on the Law of the Sea (unclos) become the sources of conflicts or different legal positions between Norway and some other States who are parties to both treaties. In the South China Sea, the major legal issue, among many other important ones such as island regime, is the relationship between unclos as a treaty law and historic rights as a customary international law. The Antarctic Treaty System (ATS) may be influenced by the new instrumental arrangements made by Biodiversity Beyond National Jurisdiction (bbnj) negotiation, reflecting the importance of ensuring the emerging treaty will not interrupt the jurisdiction of established treaties.

International Governance of the Antarctic – Participation, Transparency and Legitimacy

2015 ◽  
Vol 7 (1) ◽  
pp. 448-500
Author(s):  
Jill Barrett
Keyword(s):  
The Arctic ◽  
International Governance ◽  
Antarctic Region ◽  
Constituent Part ◽  
Starting Point ◽  
Antarctic Treaty ◽  
State Actors ◽  
The Antarctic ◽  
The Relationship

This article explores the principal institutions of international governance of the Antarctic region, their members, and how open they are to new participants. It considers the relationship between the openness of these institutions to new participation and their long-term international legitimacy and efficacy. Taking as its starting point the Antarctic Treaty System, each constituent part is examined for participation, transparency and legitimacy. It applies these criteria to both State and non-State actors and to parties and non-parties. Ultimately it seeks to determine what factors have contributed to its success over five decades in a radically changing world, and what factors might contribute to its future vulnerability. The examination and conclusions might have resonance for what happens in the Arctic.

scholarly journals Polityczne i prawne aspekty prowadzenia badań naukowych w rejonach polarnych

2019 ◽  
pp. 335-347
Author(s):  
Aleksander Świątecki ◽  
Dorota Górniak ◽  
Marek Zdanowski ◽  
Jakub Grzesiak ◽  
Tomasz Mieczan
Keyword(s):  
Legal Status ◽  
Arctic Region ◽  
Global Scale ◽  
International Community ◽  
Scientific Activity ◽  
The Arctic ◽  
The Political ◽  
Polar Regions ◽  
Antarctic Treaty ◽  
The Antarctic

The Arctic and Antarctic have been of great interest to the international community for a number of years. The still unresolved problem regardingpolar regions is the still partially regulated legal issues concerning the management of these areas. Both the Arctic and Antarctica are areas of potentiallygreat scientific, economic, political and military importance. The political and legal status of polar areas is not uniform. Currently, there is no legalinternational document that would regulate issues related to the management of the Arctic region. The political and legal status of Antarctica wasdetermined in 1959 in Washington. The Antarctic Treaty regulates in detail the activities in this region. Territorial claims are a particularly importantproblem. A number of countries prove their territorial rights to both the Arctic and Antarctic. The Arctic division is discussed within five countries,without the participation of the international community, while the Antarctic Treaty arrangements have put these issues on ice until 2049. Internationalcooperation in the field of research of polar regions has a long history and is confirmed by bilateral and international agreements. Conducted researchin the Arctic and Antarctic relate to various scientific problems. Investigations of processes taking place on Earth on a global scale are of particularimportance, both in historical and prognostic perspective. The history of Polish polar research is rich, multi-faceted and dates back to the second half ofthe nineteenth century. Contemporary Polish polar research focuses on a number of problems: glaciology and periglacial phenomena, climatology,geomorphology, hydrology, and geo-ecosystems dynamics. Polish scientific activity, in these regions, significantly develops our positive relations withthe international community.

scholarly journals BRICS in polar regions: Brazil’s interests and prospects

2020 ◽  
Vol 13 (3) ◽  
pp. 326-340
Author(s):  
Paulo Borba Casella ◽  
◽  
Maria Lagutina ◽  
Arthur Roberto Capella Giannattasio ◽  
◽  
...  
Keyword(s):  
Legal Regulation ◽  
The Arctic ◽  
Polar Regions ◽  
Arctic Council ◽  
Public Power ◽  
Promising Tool ◽  
Antarctic Treaty ◽  
International Power ◽  
Global Affairs ◽  
The Antarctic

The current international legal regulation of the Arctic and Antarctica was organized during the second half of the XX century to establish an international public power over the two regions, the Arctic Council (AC) and the Antarctic Treaty System (ATS), which is characterized by Euro-American dominance. However, the rise of emerging countries at the beginning of the XXI century suggests a progressive redefinition of the structural balance of international power in favor of states not traditionally perceived as European and Western. This article examines the role of Brazil within the AC and the ATS to address various polar issues, even institutional ones. As a responsible country in the area of cooperation in science and technology in the oceans and polar regions in BRICS, Brazil appeals to its rich experience in Antarctica and declares its interest in joining the Arctic cooperation. For Brazil, participation in polar cooperation is a way to increase its role in global affairs and BRICS as a negotiating platform. It is seen in this context as a promising tool to achieve this goal. This article highlights new paths in the research agenda concerning interests and prospects of Brazilian agency in the polar regions.

2 Sources of the International Law of Taxation

2021 ◽  
Author(s):  
Hongler Peter
Keyword(s):  
International Law ◽  
Main Part ◽  
Soft Law ◽  
Tax Treaties ◽  
Tax System ◽  
Mutual Exchange ◽  
Customary International Law ◽  
System P ◽  
International Tax ◽  
Different Sources

Chapter 2 is the main part of the book and it is structured along the different sources of the international law of taxation. This includes (i) treaties, (ii) customary international law, (iii) general principles of international law, and (iv) soft law. The chapter contains a comprehensive outline of the functioning of double tax treaties and other treaties focusing on tax matters such as treaties on mutual exchange of taxpayer information. The entire OECD MC is discussed and reference is made to brief case studies in order to allow the reader a better understanding of the international tax regime. A particular focus is in on the functioning the allocation rules in Arts 6–22 OECD model convention, however, this chapter also includes general remarks on the interpretation of tax treaties and soft law used in international tax matters. The chapter closes with a concise overview of the EU tax system.

The Polar Regions and the Development of International Law: Contemporary Reflections and Twenty-First Century Challenges

2013 ◽  
Vol 5 (1) ◽  
pp. 233-251 ◽  
Author(s):  
Donald R. Rothwell
Keyword(s):  
International Law ◽  
First Century ◽  
The Arctic ◽  
Polar Regions ◽  
Foundational Research ◽  
Twenty First Century ◽  
Legal Frameworks ◽  
Global Affairs ◽  
The Antarctic ◽  
The Impact

Abstract The polar regions are increasingly coming to the forefront of global affairs in ways that are beginning to approach the prominence given to the polar regions during the ‘heroic era’ of exploration at the beginning of the twentieth century. This contemporary focus is, however, very much upon governance and the capacity of the existing and future legal frameworks to govern the Antarctic and Arctic effectively. This article revisits foundational research undertaken in 1992–1993 and reassesses the impact of the polar regions upon the development of international law. Particular attention is given to environmental management, living and nonliving resource management, the regulation and management of maritime areas, and governance mechanisms and frameworks. The article seeks to critically assess whether the existing legal frameworks that operate in Antarctica and the Arctic are capable of dealing with their increasing globalisation, or whether there will be a need for new legal and governance regimes to be developed to address twenty-first century challenges.

5 Obligations of International Organizations, 5.2 Interpretation of the Agreement of 25 March 1951 between the WHO and Egypt , Advisory Opinion, [1980] ICJ Rep 73

2016 ◽  
Author(s):  
Brölmann Catherine
Keyword(s):  
International Law ◽  
International Organizations ◽  
International Organization ◽  
Advisory Opinion ◽  
Customary International Law ◽  
Legal Obligations ◽  
The Icj ◽  
Legal Character ◽  
First Time ◽  
The Relationship

The 1980 WHO Advisory Opinion elaborates on the general legal obligations (grounded in the duty of co-operation and good faith) that are part of the relationship between an international organization and its host state. In this opinion the ICJ possibly for the first time articulated this relationship as a set of mutual obligations between legal equals. The opinion moreover enunciates the sources of international legal obligations binding upon international organizations (IOs): the treaties they conclude (uncontroversial); I customary international law; their constitutions. The Court uses the proverbial reassurance of UN member states in saying that the WHO is not a ‘super-state’. Finally, in accepting jurisdiction the Court explicitly separated the legal character of the question from the political considerations motivated by that question.

Comparative International Law Within, Not Against, International Law: Lessons from the International Law Commission

2015 ◽  
Vol 109 (3) ◽  
pp. 498-513 ◽  
Author(s):  
Mathias Forteau
Keyword(s):  
International Law ◽  
Comparative Method ◽  
Comparative Law ◽  
International Court Of Justice ◽  
Customary International Law ◽  
International Court ◽  
Degree Of Separation ◽  
The One ◽  
International Law Commission ◽  
The Relationship

Public international law and comparative law have so far been regarded as largely distinct fields, with little to no overlap between them. The degree of separation between the two disciplines is rendered in particularly stark relief by the absence in practice or scholarship of any real inquiry into the relationship between comparative law on the one hand and customary international law and general principles of international law on the other. Some eminent international lawyers go so far as to claim that it would be both unnecessary and unrealistic to have recourse to comparative law in the context of the identification of customary international law and general principles of law, pointing to the case law of the Permanent Court of International Justice and the International Court of Justice, which, according to them, “show[s] a clear disinclination towards the use of the comparative method.”

Arctic shipping guidelines: towards a legal regime for navigation safety and environmental protection?

Polar Record ◽  
2008 ◽  
Vol 44 (2) ◽  
pp. 107-114 ◽  
Author(s):  
Øystein Jensen
Keyword(s):  
The Arctic ◽  
Legal Issue ◽  
Polar Regions ◽  
International Polar Year ◽  
Safety Standards ◽  
International Polar ◽  
Key Issues ◽  
Arctic Ice ◽  
The Antarctic ◽  
Near Future

ABSTRACTWith the International Polar Year (IPY) having commenced in March 2007, key issues relating to the polar regions are again in focus. This article reviews one central legal issue re-emerging in the Arctic: global regulation of safety standards for international shipping. The ‘Guidelines for ships operating in Arctic ice-covered waters’ are examined, with a view to the probable expansion of shipping in the Arctic in near future. Following an introduction to navigational issues within the Arctic context, the article describes how the guidelines came into being, and then analyses key elements and structure of the regulations and shortfalls of today's arrangements. The possible relevance of the guidelines to the Antarctic is also discussed briefly. Finally, the article inquires into the key repercussions of introducing binding regulations.

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