Chapter 2. The Impact Of The National Jurisdiction To Tax

2010 ◽  
pp. 21-27
Keyword(s):  
National Jurisdiction ◽  
The Impact

Slaughterhouse-Six: Updating the Law of War

2004 ◽  
Vol 5 (5) ◽  
pp. 525-544 ◽  
Author(s):  
Ed Morgan
Keyword(s):  
Human Rights ◽  
International Law ◽  
The Other ◽  
European Court ◽  
House Of Lords ◽  
Self Interest ◽  
Time Zones ◽  
National Jurisdiction ◽  
State Obligations ◽  
The Impact

International law has come unstuck in time. It has gone to sleep stressing a normative future based on state “obligations owed towards all the other members of the international community,” and has awakened in a bygone world in which the state is “susceptible of no limitation not imposed by itself.” The opposing time zones seem now to exist in unison. Thus, for example, the European Court of Human Rights, in examining the impact of the Torture Convention, can split 9:8 on whether national self-interest trumps universal rules of cooperation, or the other way around. Likewise, England's House of Lords can opine in thePinochetcase that, as between a reinvigorated national jurisdiction and the developing concept of universal one, “international law is on the move.”

The Impact of Sea Level Rise on Maritime Limits: A Grotian Moment in the Law of the Sea?

Grotiana ◽  
2021 ◽  
Vol 42 (2) ◽  
pp. 277-303
Author(s):  
Snjólaug Árnadóttir
Keyword(s):  
International Law ◽  
Sea Level Rise ◽  
Sea Level ◽  
Paradigm Shift ◽  
Legal Order ◽  
Law Of The Sea ◽  
National Jurisdiction ◽  
The Law ◽  
Coastal Features ◽  
The Impact

Abstract The legal order of the oceans centres on coastal geography which is undergoing unprecedented changes. Claims to national jurisdiction are based on distance from the coast and are only enforceable as long as they are consistent with international law. Consequently, sea level rise and submergence of coastal features can affect the location and enforceability of unilateral maritime limits and bilateral boundaries. Some States wish to maintain previously established entitlements around submerged territory but the only way to prevent fluctuations of unilateral limits is through artificial conservation of coastlines. Therefore, a change, in either the location of maritime entitlements or rules governing such entitlements, is inevitable. It has been proposed that maritime limits should be frozen to ensure opposability as coastlines change. That would enable States to exercise sovereignty and sovereign rights over areas that have no anchor in coastal territory, arguably causing a departure from the land dominates the sea principle and a Grotian Moment in the law of the sea. However, this article concludes that it is unlikely that proposals to freeze maritime limits will change the law of the sea and that the proposals may in fact serve to deter another paradigm shift, one that involves a departure from the principle of stable boundaries.

scholarly journals Conservation at the International Level

Conservation ◽  
2021 ◽  
pp. 331-360
Author(s):  
Charles Perrings
Keyword(s):  
Public Goods ◽  
Strategic Behavior ◽  
Climate Mitigation ◽  
International Level ◽  
Migratory Species ◽  
Governance Mechanisms ◽  
Multilateral Agreements ◽  
National Jurisdiction ◽  
National Governments ◽  
The Impact

The conservation of ecosystems that either span national jurisdictions or extend beyond areas of national jurisdiction requires the establishment of governance mechanisms that operate above national governments, and hence that involve some cession of national sovereignty. This involves the coordination of national action, usually through the negotiation of bilateral or multilateral agreements. Chapter 14 considers the problem of conservation across national jurisdictions, focusing on ecosystems that span jurisdictions, migratory species, and the international movement of pests and pathogens as an incidental effect of trade and travel. It explores the impact of strategic behavior on the effectiveness of multilateral agreements, and the institutions developed to supply transboundary public goods such as climate mitigation.

The International Seabed Authority and the Enterprise: How Africa is reinvigorating the principle of the common heritage of mankind

2021 ◽  
Vol 2021 ◽  
pp. 1-37
Author(s):  
Mehdi Remaoun
Keyword(s):  
Marine Biodiversity ◽  
Common Heritage ◽  
Common Heritage Of Mankind ◽  
The Status ◽  
National Jurisdiction ◽  
African Group ◽  
The Common ◽  
International Seabed Authority ◽  
Deep Seabed Mining ◽  
The Impact

This article focuses primarily on a submission made by the African Group of States to the International Seabed Authority (ISA) on the operationalisation of the Enterprise. The latter is one of the organs established under Part XI of the 1982 United Nations Convention on the Law of the Sea (LOSC) and guided by the principle of the common heritage of mankind (CHM). Following several years of the status quo remaining unchanged, the start of the development of the exploitation regulations for deep seabed mining has led to louder calls to operationalise the Enterprise. This article first outlines the origins and legal foundations of the concept ‘Enterprise’. This is followed by discussions on the status of this organ prior to the African Group’s submission, the main elements contained in the submission as well as the reactions to, and the impact of, the submission. Beyond the issue of the Enterprise, this article also considers other attempts of the African Group to give full effect to the CHM principle in the ISA as well as the Group’s attempts to enshrine the CHM principle in a potential third LOSC implementing agreement on marine biodiversity beyond national jurisdiction. It concludes with critical observations that put the various aspects discussed into perspective.

scholarly journals The Shoppers; Venue Shopping, Asylum Shopping: A Resolution in EURODAC?

2018 ◽  
Vol 331 ◽  
pp. 229-237
Author(s):  
Catherine Odorige
Keyword(s):  
Asylum Seekers ◽  
Migration Policy ◽  
The European Union ◽  
Member States ◽  
National Jurisdiction ◽  
Venue Shopping ◽  
Judicial Scrutiny ◽  
The Impact ◽  
The Eu ◽  
Third Country Nationals

The term shopping used in reference to two strictly legal/politically somewhat related issues ‘Asylum shopping’ and ‘Venue shopping’, belong to two different spheres of actors. Asylum shopping is descriptive of the action of asylum seekers selectivity, in choice of member state where they perceive better social and welfare conditions. Venue shopping, a concept introduced by Guiraudon in 2000, explain the action of movement by member states in the European Union from venues of national jurisdiction, less amenable to their search for more restrictive migration policy to venues howbeit transnational like transit countries and EU institutions suitable for their policy perspectives. This they did for the primary purpose of avoiding adversary activities of non-state actors and the judicial scrutiny within their national sphere. Common European Asylum System (CEAS) the Dublin Directive and the EURODAC are spill-over in the European integration Project, commonly referred to as the Schengen acquis in the area of migration and integration of third country nationals. The three directives are the results of policy search to administer the entrance and residence of third country nationals especially in the area of irregular migration. This paper seeks to examine the inter-relationship between the two actors to which the commercial term shopping describes, how an electronic regulation in EURODAC became a check to their ‘shopping.’ For the asylum seekers exposing their agency, for the member states reducing anxieties, and influenced the ceding of powers hitherto held by member states through (intergovernmental) negotiations to the EU (Supranational) and the impact of these policy measures in checking security challenges and sanitization of this angle of asylum administration in the EU.

scholarly journals Marine Biodiversity Negotiations During COVID-19: A New Role for Digital Diplomacy?

2021 ◽  
pp. 1-18
Author(s):  
Alice B. M. Vadrot ◽  
Arne Langlet ◽  
Ina Tessnow-von Wysocki ◽  
Petro Tolochko ◽  
Emmanuelle Brogat ◽  
...  
Keyword(s):  
Biological Diversity ◽  
Sustainable Use ◽  
Marine Biodiversity ◽  
Global Environmental ◽  
Challenges And Opportunities ◽  
Environmental Diplomacy ◽  
National Jurisdiction ◽  
Set Up ◽  
Digital Diplomacy ◽  
The Impact

Abstract Measures related to the COVID-19 pandemic have indefinitely postponed in-person formal international negotiations for a new legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ). As a result, online initiatives have emerged to keep informal dialogue ongoing among both state and nonstate actors. To continue our research on the BBNJ process, we adapted our methodology and conducted a survey in May 2020 exploring the impact of COVID-19 on respondents’ BBNJ-related work and communication. This research note identifies online initiatives and communication channels set up to maintain negotiation momentum and examines the challenges and opportunities of digital diplomacy for multilateral environmental agreement making, as well as the study thereof. We discuss future avenues for global environmental politics research and conclude that digital ethnographies provide an entry point to study some of these dynamics but need to be adapted to the study of negotiation settings and the specific context of multilateral environmental diplomacy.

Formation of Lunar Craters and Bright Rays as a Result of Meteorite Impacts

1962 ◽  
Vol 14 ◽  
pp. 415-418
Author(s):  
K. P. Stanyukovich ◽  
V. A. Bronshten
Keyword(s):  
Explosive Charge ◽  
The Moon ◽  
Meteorite Impacts ◽  
The Earth ◽  
Lunar Craters ◽  
The Impact

The phenomena accompanying the impact of large meteorites on the surface of the Moon or of the Earth can be examined on the basis of the theory of explosive phenomena if we assume that, instead of an exploding meteorite moving inside the rock, we have an explosive charge (equivalent in energy), situated at a certain distance under the surface.

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