Part 2 National and Regional Reports, Part 2.2 Asia: Coordinated by Yuko Nishitani and Béligh Elbalti, 34 Qatar: Qatari Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Elrifai Silke Noa
Keyword(s):  
International Law ◽  
Civil Code ◽  
Private International Law ◽  
Federal Law ◽  
Conflict Of Laws ◽  
Law System ◽  
Financial Centre ◽  
The Hague ◽  
Legal Frameworks

This chapter addresses Qatari perspectives on the Hague Principles. The State of Qatar has two legal frameworks: the onshore civil law system and the offshore common law-based the Qatar Financial Centre, established in 2005 and not covered in this chapter. In onshore Qatar, private international law is codified in Articles 10–38 of Subchapter 3 (conflict of laws in space) of Chapter 1 of the Qatar Civil Code (Federal Law No 22 of 2004). In comparison to its European counterparts, the Qatari private international law codification contains significant gaps. Though only promulgated in 2004, Articles 10–38 are near copies of the conflict of law rules contained in the Egyptian Civil Code of 1949, with a few differences. In accordance with Article 34 Civil Code, ‘the [general] principles of private international law’ shall apply in the case of a conflict of laws absent any statutory provision. The provision opens the doors for Qatari courts to refer to the Hague Principles.

Conceptual Toolkit

2019 ◽  
pp. 15-44
Author(s):  
Christina Eckes
Keyword(s):  
Conceptual Framework ◽  
International Law ◽  
International Organizations ◽  
Legal Order ◽  
Core Potential ◽  
The Core ◽  
Different Dimensions ◽  
The Eu ◽  
Legal Mandate

Chapter 1 sets out the conceptual framework for the rest of the book. It first and foremost develops the meaning and relevance of structures of bonding that formally legally connect the Union and its citizens. One prominent example is the European Parliament’s legal mandate to represent EU citizens. The chapter further identifies the autonomy and effectiveness of the EU legal order as the unique features that set it apart from international organizations and international law. The potential of structures of bonding depends on these features. Chapter 1 also develops the mutually dependant relationships of autonomy, effectiveness, structures of bonding, and the legitimacy of the Union and its actions. It identifies different dimensions of legitimacy and emphasizes, drawing on Jürgen Habermas, justifiability or, even more precisely, worthiness of recognition (Annerkennungswürdigkeit) as the core of legitimacy. Justification to individuals, as EU citizens and national citizens, returns in all the following chapters as a necessary precondition for legitimacy and as the core potential of bonding structures.

1 Introduction

2017 ◽  
Author(s):  
Harrison James
Keyword(s):  
International Law ◽  
Detailed Analysis ◽  
Marine Environment ◽  
First Century ◽  
Judicial Decisions ◽  
Common Concern ◽  
Twenty First Century ◽  
Anthropogenic Threats ◽  
Rules And Standards

Chapter 1 provides an introduction to both the anthropogenic threats facing the marine environment at the beginning of the twenty-first century and the role that international law plays in regulating humankind’s impacts on the oceans. It argues that the protection of the marine environment is a common concern of humankind, requiring the cooperation of all States in adopting appropriate international rules and standards to address the main threats to the marine environment and collective efforts to ensure the enforcement of those norms. The chapter then explains the key sources of international law that are relevant to the regulation of marine activities, highlighting the central role played by treaties, related non-binding instruments, judicial decisions, and general principles of international law. This introduction to the sources of international law provides a basic background to the more detailed analysis of specific treaties and related instruments in the remainder of the book.

scholarly journals "The Legal Basis for the Exercise of Jurisdiction by the International Criminal Court and the Preparatory Work of the Rome Statute (I)," Journal of International Relations and Comparative Culture, Vol. 16, No. 2 (March 2018), pp. 67-74.

2019 ◽  
Author(s):  
Yoshiaki Kitano
Keyword(s):  
International Relations ◽  
International Law ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Current Status ◽  
Legal Basis ◽  
Preparatory Work

This paper aims to discuss the legal basis for the exercise of jurisdiction by the International Criminal Court while viewing the topic as one of the issues demonstrating the current status of general international law concerning the creation of obligations for non-party states. The table of contents included in this part 1 is as follows: Chapter 1 Introduction (Section 1 Exercise of Jurisdiction by the ICC and Consent of States: Provisions of the Statute / Section 2 Rules of the Law of Treaties on Creation of Obligations for Non-Party States: Provisional Examination).

Introduction

2018 ◽  
Author(s):  
Abraham L. Newman ◽  
Elliot Posner
Keyword(s):  
Best Practices ◽  
International Relations ◽  
International Law ◽  
Financial Regulation ◽  
Soft Law ◽  
Economic Governance ◽  
Global Level ◽  
Voluntary Standards ◽  
Central Argument

Chapter 1 gives an overview of the book and summarizes its key argument. From finance to the environment, economic governance at the global level increasingly takes place through voluntary standards, principles, best practices, and guidance, created in transnational forums and labeled international soft law. The proliferation of international soft law has received relatively little scholarly attention despite widespread recognition of its importance. What does soft law do? Going beyond standard answers about soft law’s ability to solve problems, the book’s central argument emphasizes second-order (that is, temporal) political and distributive effects. In doing so, the book resolves real-world questions about the politics of financial regulation, and offers theoretical contributions to scholars of international law, international relations, and sociology. The Introduction ends with chapter summaries of the book.

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