scholarly journals Afghanistan, the Amu Darya Basin and Regional Treaties

2021 ◽  
Vol 5 (1) ◽  
pp. 37-62
Author(s):  
Ikramuddin Kamil
Keyword(s):  
Water Resource Management ◽  
Legal Framework ◽  
Legal Regime ◽  
Amu Darya ◽  
Legal Implications ◽  
Central Asian ◽  
The Right ◽  
Or Organization ◽  
Central Asian Republics ◽  
Regional Water

Abstract The Amu Darya Basin is included in various bilateral and regional treaties negotiated between Afghanistan and Russia/the former USSR, and among the Central Asian Republics. The former are boundary treaties, and do not cover the use of the Amu Darya. The latter are, inter alia, water-sharing agreements that govern the use of water. This article examines the current legal regime governing the Amu Darya. It addresses one specific question: What are the legal implications for Afghanistan of its exclusion from the regional legal framework governing the apportionment and utilization of the Amu Darya? The article argues that sustainable water resource management is dependent on the participation of all riparian states in the management of a shared watercourse and without Afghanistan’s inclusion in the regional water agreements or organizations governing the Amu Darya, no Central Asian regional water agreement or organization is complete. The article makes two further arguments. First, the equitable and reasonable utilization principle gives all riparian states the right to an equitable share in shared watercourses, therefore the downstream Central Asian Republics cannot prevent upstream Afghanistan from developing its freshwater resources. Second, even though Afghanistan is not a party to the agreements governing the use of the Amu Darya waters, the country can still be affected or harmed by downstream uses of these waters, as Afghanistan’s future use of the Amu Darya can be foreclosed or limited.

scholarly journals Certain peculiarities of canon law of the Catholic Church on the territory of Crimea in the XIII – early XIV centuries according to the data from papal bulls

2021 ◽  
pp. 117-136
Author(s):  
Timur Guselnikov
Keyword(s):  
Social History ◽  
Catholic Church ◽  
Canon Law ◽  
Western Europe ◽  
Legal Framework ◽  
Legal Regime ◽  
History Of ◽  
Apostolic See ◽  
The Right ◽  
The Catholic Church

This article examines the norms of canon law, which regulated the actions of the Catholic missionaries in Crimea since the emergence of first missions in the XIII century until the creation of eparchies in the early XIV century. Comprehension of the legal framework of Catholic missions is necessary for further research of social history of the region. The bulls Cum hora undecimal alongside Vos igitur and Gratias agimus, establish preferential legal regime on private matters that differs from the Western European canon law. Each question raised in the pontifical document is compared with the canonical norms of Western Europe and isolated cases on the territory of Crimea. Although papal bulls have always been used by the researchers of medieval Crimea, the legal content of these documents was usually outside the focus of attention. The author analyzes the content of the papal bulls through the prism of canon law of the Catholic Church, theological and legal discussions of the XIII – XIV centuries. Legal regime in the missionary territory was established in form of privileges and right to dispensation. The papal bull Cum hora undecima of 1245, repeatedly has been reissued repeatedly without significant amendments, is of particular importance for the researchers . In the questions of dispensation, consecration of churches and sacred objects, and granting of indulgences, the missionaries received the authority equal to the bishops and legates of the apostolic see. The converted to Catholicism local residents assumed a derogation in terms of closely related marriages, while clerics of the Eastern churches retained their rank and the right to stay married.

Intersections between Diplomatic Immunities and the Immunities of International Organizations

2017 ◽  
Author(s):  
Alison Duxbury
Keyword(s):  
International Law ◽  
International Organizations ◽  
Legal Framework ◽  
Legal Regime ◽  
The Supreme Court ◽  
Diplomatic Immunity ◽  
The Right ◽  
International Law Commission ◽  
The Impact ◽  
Right Of Access

This chapter examines the immunities of international organizations and the impact of the VCDR on this legal regime. While the VCDR is not directly applicable in this context, consideration of the immunities of officials of international organizations and diplomats has intersected in various contexts. These intersections are apparent during the discussions surrounding the drafting of instruments dealing with international immunities (including in the International Law Commission) and also in arguments concerning the application of such immunities in courts (for example, the Supreme Court of New York’s consideration of Strauss-Kahn’s immunity claim). This chapter explores the legal framework that applies in such cases and also analyses the differences between the two systems. Finally, it examines cases where arguments relating to the right of access to the courts, first considered in the context of the immunities of international organizations, have been applied to State and diplomatic immunity.

scholarly journals Computer Network Attacks and Modern International Law

2014 ◽  
pp. 169-177
Author(s):  
A. L. Kozik
Keyword(s):  
Computer Network ◽  
Real Life ◽  
Legal Framework ◽  
Intensity Level ◽  
Legal Regime ◽  
Network Attacks ◽  
Public And Private ◽  
International Obligations ◽  
The Right ◽  
Computer Network Attacks

Computer network attacks (CNA) is a no doubt actual theoretical and practical topic today. Espionage, public and private computer-systems disruptions committed by states have been a real life. States execute CNA's involving its agents or hiring private hacker groups. However, the application of lex lata remains unclear in practice and still undeveloped in doctrine. Nevertheless the international obligations, which states have accepted under the UN Charter and other treaties as well as customs - with any related exemptions and reservations - are still in force and create a legal framework, which one cannot ignore. Taking into account the intensity level or the consequences of a CNA the later could be considered as an unfriendly, but legal doing, or, as a use of force (prohibited under the article 2(4) of the UN Charter), or - in the case the proper threshold is taken - as an armed attack (which gives the victim-state the right to use force in self-defence under the customs and the article 51 of the UN Charter). Researches in the field of lex lata applicability to the CNAs could highlight gaps and week points of the nowadays legal regime. The subject is on agenda in western doctrine, and it is a pity - not in Russian one - the number of publication here is still unsatisfied. The article formulates issues related to CNAs and the modern international legal regime. The author explores the definition, legal volume of the term CNA, highlights main issues, which have to be analyzed from the point of the contemporary law.

scholarly journals Riau Regional Water Police Personnel Transfer Information System

2021 ◽  
Vol 25 (1) ◽  
pp. 614
Author(s):  
Fitri Ayu ◽  
Muhammad Giatman ◽  
Lela Sari ◽  
M Riski
Keyword(s):  
Information System ◽  
Added Value ◽  
Individual Property ◽  
File Storage ◽  
Administrative Personnel ◽  
Police Personnel ◽  
The Right ◽  
Or Organization ◽  
A Company ◽  
Regional Water

In each agency or police organization, they often carry out a series of placement or transfer activities. Movements in a company or organization are made for certain interests of the company or its individual property. In this case, many members of the Riau Regional Water Police filed a transfer so that Pol Airut had difficulty determining which members had the right to be transferred. Currently the development of technology is very fast, computers are used not only as data processing but also as a solution to solving problems in various fields of science, one of which is the Riau Regional Water Police Transfer Information System. This system has added value in determining the transfer of members of the Riau Regional Water Police, because it can determine the transfer of members quickly, precisely and efficiently. Where previously the transfer process at the Riau Airut Police was only done manually where when filling in the data for the prospective transfer form, it needed a lot of space for file storage when data was needed, the administrative personnel had to find paper by unloading the pile of paper, of course this way of selling work becomes longer and inefficient.

scholarly journals Legal regime regulating the laying and protection of submarine cables in the Republic of Croatia

Pomorstvo ◽  
2021 ◽  
Vol 35 (1) ◽  
pp. 118-127
Author(s):  
Irena Jurdana ◽  
Biserka Rukavina ◽  
Sandra Tominac Coslovich
Keyword(s):  
Rural Areas ◽  
High Speed ◽  
Sustainable Use ◽  
Legal Framework ◽  
Legal Aspects ◽  
Legal Regime ◽  
Optical Cable ◽  
The Republic ◽  
The Right ◽  
Submarine Cables

One of the strategic development priorities of the Republic of Croatia is the development and construction of a modern telecommunications network and the availability of high-speed Internet throughout its territory, especially in rural areas and on islands. To enable this, it is important to build a reliable and resilient communication infrastructure. With the cooperation of all stakeholders in the construction, from telecom operators to local and state administrations responsible for the maritime demesne, and with efficient legislation, it is possible to achieve sustainable development of submarine cable infrastructure. The paper provides an overview of the legal aspects of submarine optical cable infrastructure design and application at the national and international levels. Special attention is dedicated to the analysis of a national legal regime regulating the protection and sustainable use of submarine cables. Thus, the authors will provide critical analysis of a kind of dualism present in the application of the Ordinance on the Register of Concessions and the Ordinance on the Register of Concessions on the Maritime Demesne and offer suggestions for potential improvements of a national legal framework pertaining to the right of laying and legally protecting submarine cables.

Der Spielraum bei der Vermarktung von Waldleistungen ist eingeschränkt (Essay) | The scope for the commercialization of forest services is limited (essay)

2009 ◽  
Vol 160 (8) ◽  
pp. 228-231
Author(s):  
Hansruedi Walther
Keyword(s):  
Private Property ◽  
Legal Framework ◽  
Third Parties ◽  
Wood Products ◽  
Forest Owner ◽  
Free Access ◽  
School Class ◽  
Market Niche ◽  
The Right ◽  
Exclusive Right

A forest owner can only commercialize non-wood products and services within a tightly restricted market niche. On account of free access being permitted to the forest it is impossible to deny to third parties the consumption of many non-wood products and services: everybody has the right to be in the forest for recreation. As a result many non-wood services cannot be commercialized by the forest owner, or not exclusively. What would seem unthinkable elsewhere on private property seems to be taken for granted in the forest: third parties may take products from the forest and even sell them without being the forest owners. For certain nonwood services or products, such as the installation of rope parks or for burial in the forest, the organizer must conclude an agreement with the forest owner or draw up a contract for servitude or benefit. In addition, for these activities a permit from the Forestry Department is necessary. On the other hand, for an itinerant school class or for the production of forest honey neither a binding regulation with the forest owner nor a permit from the Forestry service is necessary, provided that no constructions are erected in the forest. The only exclusive right which remains to the forest owner, besides the sale of his property, is the exploitation of his trees within the legal framework.

scholarly journals Effects of Climate and Land Use/Land Cover Changes on Water Yield Services in the Dongjiang Lake Basin

2021 ◽  
Vol 10 (7) ◽  
pp. 466
Author(s):  
Wenbo Mo ◽  
Yunlin Zhao ◽  
Nan Yang ◽  
Zhenggang Xu ◽  
Weiping Zhao ◽  
...  
Keyword(s):  
Land Use ◽  
Land Cover ◽  
Water Resource Management ◽  
Water Source ◽  
Water Yield ◽  
Lake Basin ◽  
Lake Area ◽  
Land Use Land Cover ◽  
Lulc Changes ◽  
Regional Water

Spatial and quantitative assessments of water yield services in watershed ecosystems are necessary for water resource management and improved water ecological protection. In this study, we used the InVEST model to estimate regional water yield in the Dongjiang Lake Basin in China. Moreover, we designed six scenarios to explore the impacts of climate and land use/land cover (LULC) changes on regional water yield and quantitatively determined the dominant mechanisms of water yield services. The results are expected to provide an important theoretical reference for future spatial planning and improvements of ecological service functions at the water source site. We found that (1) under the time series analysis, the water yield changes of the Dongjiang Lake Basin showed an initial decrease followed by an increase. Spatially, water yield also decreased from the lake area to the surrounding region. (2) Climate change exerted a more significant impact on water yield changes, contributing more than 98.26% to the water yield variability in the basin. In contrast, LULC had a much smaller influence, contributing only 1.74 %. (3) The spatial distribution pattern of water yield services in the watershed was more vulnerable to LULC changes. In particular, the expansion of built-up land is expected to increase the depth of regional water yield and alter its distribution, but it also increases the risk of waterlogging. Therefore, future development in the basin must consider the protection of ecological spaces and maintain the stability of the regional water yield function.

scholarly journals Teleworking: A New Reality Conditioned by the Right to Privacy

Laws ◽  
2021 ◽  
Vol 10 (3) ◽  
pp. 64
Author(s):  
Carlos Arroyo-Abad
Keyword(s):  
New Technologies ◽  
Legal Framework ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Work From Home ◽  
Provision Of Services ◽  
The Right

Faced with protecting the right to privacy and, with it, the inviolability of homes, the development of new technologies and the possibility of developing work from home has opened the door to a series of new conflicts that require us to provide a specific legal framework by which such situations can be addressed. In the Spanish case, we speak of Law 10/2021 from 9 July on remote working. The objective of this study is to assess the scope as well as the problems that this law generates during its application, regarding controlling the provision of services. However, we not only identify the incidental factors, but also provide a necessary reinterpretation of the right to privacy from the perspective of the inviolability of homes, especially when its current articulation may operate to the detriment of employees’ rights, as contradictory as this may seem.

Autonomous Technology and Dynamic Obligations: Uncrewed Maritime Vehicles and the Regulation of Maritime Military Surveillance in the Exclusive Economic Zone

2021 ◽  
pp. 1-30
Author(s):  
Simon MCKENZIE
Keyword(s):  
Legal Regime ◽  
Coastal State ◽  
Maritime Surveillance ◽  
Legal Obligations ◽  
Legal Implications ◽  
Exclusive Economic Zones ◽  
Dynamic Quality ◽  
Economic Zones ◽  
Environmental Interests ◽  
Autonomous Technology

Abstract The development of uncrewed maritime vehicles [UMVs] has the potential to increase the scale of military maritime surveillance in the exclusive economic zones of foreign coastal states. This paper considers the legal implications of the expanded use of UMVs for this purpose. It shows how features of the legal regime—namely how its application depends on determining the intent of a vessel's operation (to distinguish marine scientific research from military surveillance), as well the obligation to have due regard—have a “dynamic” quality that will pose a challenge to UMVs operated by autonomous technology. The legal obligations will require equipping UMVs with the capacity to communicate something about their identity, the purpose of their mission, and to be able to have some capacity to be responsive to the economic and environmental interests of the coastal state.

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