Chapter Thirteen. Maritime Terrorism And The International Law Of Boarding Of Vessels At Sea: Assessing The New Developments

2010 ◽  
pp. 237-264
Keyword(s):  
International Law ◽  
New Developments

La aplicación del nuevo RGPD en el contexto del tratamiento de datos en la UE

2017 ◽  
Vol 4 (1) ◽  
pp. 37
Author(s):  
Juan José Gonzalo Domenech
Keyword(s):  
International Law ◽  
Data Protection ◽  
Private International Law ◽  
Protective Function ◽  
New Developments ◽  
Applicable Law ◽  
Palabras Clave

Resumen: El RGPD ha creado nuevas normas de Derecho internacional privado con el fin de proteger al afectado en supuestos transnacionales de vulneración de su derecho a la protección de datos. La posibilidad que otorga el Reglamento de litigar en el propio domicilio del demandado cumple con la función protectora que siempre debe tener una norma de protección de datos. La compatibilidad con el Reglamento Bruselas I bis supone una ampliación de los foros disponibles –además de solapamientos de foros– y mayores oportunidades de defensa para el afectado, los cuales aumentarán dependiendo del contrato en el que ejerciten tales acciones. Debemos lamentar las nulas novedades en cuanto a la ley aplicable, que nos obligan a seguir aplicando las normas autónomas clásicas. Abstract: The new GDPR has created new rules of private international law to protect those affected in transnational cases from infringing their right to data protection. The possibility given by the Regulation to litigate in the defendant's own home fulfills the protective function that a data protection standard must always have. Compatibility with the Brussels I bis Regulation is an extension of the available forums - although it also implies an overlap of forums - and greater defense opportunities for the affected, which will increase depending on the contract in which they carry out such actions. We must lament the null new developments regarding applicable law, which force us to continue applying the classic autonomous rules. Palabras clave/keywords: Protección/protection, datos/data, reglamento/regulation, europeo/European, privacidad/privacy.  

New in international law in the era of challenges and threats

2017 ◽  
Author(s):  
Лариса Волова ◽  
Larisa Volova
Keyword(s):  
International Law ◽  
The State ◽  
New Developments ◽  
Global Challenges ◽  
Level Of Training ◽  
State Of Affairs

The article draws attention to the fact that in today's global challenges and threats, a number of scientists and politicians expressed their opinion on the crisis of international law. The author proves that there are no grounds to qualify the state of affairs with international law as its "crisis". The author considers some crisis phenomena with international law, difficulties with interpretation, and especially with the application of some of its principles, norms and institutions. An assessment is made of the new developments that have occurred with international law in connection with global challenges and threats. The necessity and ways of raising the level of training of lawyers in the field of international law are substantiated.

The North Sea Continental Shelf Cases—A Critique

1970 ◽  
Vol 64 (2) ◽  
pp. 229-240 ◽  
Author(s):  
Wolfgang Friedmann
Keyword(s):  
Continental Shelf ◽  
International Law ◽  
North Sea ◽  
International Court Of Justice ◽  
New Developments ◽  
The North ◽  
Continental Shelves ◽  
International Court ◽  
History Of ◽  
The North Sea

The decision of the International Court of Justice in the North Sea Continental Shelf Cases is surely one of the most interesting as well as debatable decisions in the history of the Court. It deals with certain aspects of one of the most important new developments of international law, the doctrine of the Continental Shelf. It also touches on some basic problems of the sources of international law. Among the matters dealt with, in greater or lesser detail, by the Court are the formation of custom in contemporary conditions, the effect of custom upon treaty and, in turn, the possible translation of principles formulated in a multilateral treaty, into universal custom. Above all, the Court was compelled to formulate certain principles of general equity as applicable to the delimitation of the continental shelves between three of the coastal states of the North Sea. It is this attempt of the Court to formulate the general principles of equity applicable to a fair allocation of the resources of the Continental Shelf between neighbors with which the present article will be mainly concerned.

Consequences of the Prestige Sinking for European and International Law

2005 ◽  
Vol 20 (1) ◽  
pp. 1-64 ◽  
Author(s):  
Veronica Frank
Keyword(s):  
International Law ◽  
Regulatory Reform ◽  
The European Union ◽  
State Control ◽  
New Developments ◽  
Public International Law ◽  
The Public ◽  
Eu Membership ◽  
United Nations Convention ◽  
The Prestige

AbstractThe Prestige sinking in 2002 triggered a call for a re-evaluation of the existing regime governing merchant shipping. The European Union (EU) played a crucial role in the resulting regulatory reform. This article examines the public international law issues raised by the accident and the main initiatives taken at the European and international level, especially within the International Maritime Organization (IMO). It discusses, inter alia, the suggestion to amend the United Nations Convention on the Law of the Sea, new developments in the field of Particularly Sensitive Sea Areas, phasing out of single hull tankers, EU membership of IMO, flag State control and enforcement and "places of refuge". It is concluded that, despite the positive post-Prestige outcomes, some gaps still remain. For the time being, however, there is no need for new rules but rather for taking full advantage of, clarifying and effectively enforcing the existing ones.

The Anthropocene and the international law of the sea

2011 ◽  
Vol 369 (1938) ◽  
pp. 909-925 ◽  
Author(s):  
Davor Vidas
Keyword(s):  
International Law ◽  
Industrial Revolution ◽  
Human Impacts ◽  
Law Of The Sea ◽  
New Developments ◽  
The Earth ◽  
Geological Information ◽  
The Law ◽  
Further Development ◽  
Formal Recognition

The current law of the sea provides a framework for various specific issues, but is incapable of responding adequately to the overall challenges facing humankind, now conceivably already living in the Anthropocene. The linkages between the development of the law of the sea and the current process towards formal recognition of an Anthropocene epoch are twofold. First, there is a linkage of origin. The ideological foundations of the law of the sea facilitated the emergence of forces that were to lead to the Industrial Revolution and, eventually, to levels of development entailing ever-greater human impacts on the Earth System. Second, there are linkages in interaction. Geological information has prompted key developments in the law of the sea since the introduction of the continental shelf concept in the mid-twentieth century. With the formalization of the Anthropocene epoch, geology might again act as a trigger for new developments needed in the law of the sea. This article explores those two aspects of linkages and examines prospects for further development of the law of the sea framework, through concepts such as the responsibility for the seas as well as those related to new approaches to global sustainability such as the ‘planetary boundaries’.

The development of new anti-personnel weapons

1990 ◽  
Vol 30 (279) ◽  
pp. 565-577 ◽  
Author(s):  
Louise Doswald-Beck ◽  
Gérald C. Cauderay
Keyword(s):  
International Law ◽  
The State ◽  
Good Faith ◽  
Customary Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
New Developments ◽  
Additional Protocol ◽  
Study Development

Article 36 of Additional Protocol I of 1977 states that:“In the study, development, acquisition or adoption of a new weapon, means or method of warfare, a High Contracting Party is under an obligation to determine whether its employment would, in some or all circumstances, be prohibited by this Protocol or by any other rule of international law applicable to the High Contracting Party”.The provision is not new law, but codifies the customary law duty of implementing a treaty or customary rule in good faith. Article 36 does, however, draw attention to the fact that new developments in weapons are quietly going on, and that care must be taken, before their deployment, that their use in some or all circumstances does not violate international humanitarian law. Although the duty to determine in advance the legality of the use of new weapons lies with the State developing them, other States have a legal interest in ensuring that this is done.

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